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The issue of illegal migrants

The issue of illegal migrants

Author: Suhas Chakma
Publication: The Pioneer
Date: May 2, 2003

Border Security Force chief Ajai Raj Sharma is to hold talks with his counterparts in Dhaka, among others, to discuss the contentious illegal migration of Bangladeshis into India and hammer out a strategy to avoid standoffs along the Indo-Bangladesh border. The Indo-Bangladesh relationship took a nose-dive after the standoffs in Malda and Coochbehar of West Bengal early this year. According to the BSF chief, New Delhi hopes to formalise logistics for coordination between the BSF and the Bangladesh Rifles (BDR) patrolling the border to curb infiltrators and smugglers. New Delhi also hopes to develop "common minimum points" to identify the nationality of infiltrators who would be detained in police station before their identification.

New Delhi's simplistic views on the illegal migration issue are partly responsible for the continuing adhocism reflected from occasional border standoffs. Nothing explains more acutely the complexity of the issue than the politics on illegal migrants in Assam. The anti-foreigner agitation of All Assam Students Union (AASU) since 1979 culminated into the Nellie massacre on 18 February 1983. The AASU, christened as Asom Gana Parishad, did little to identify the foreigners during its 10 years reign in the State. Under the Illegal Migrants Determination Tribunal Act, a key component of the Assam Accord, Assam Police expelled only 1,491 illegal migrants to Bangladesh from 1986 to 2000. Given Dhaka's position, New Delhi's expectation of cooperation from Dhaka is naive. In addition, Dhaka has little incentive to beef-up the BDR presence to stop illegal migrants. It is simply New Delhi's headache.

New Delhi has a one-eyed view on the issue. Undoubtedly, a large number of illegal migrants are Muslims and their presence is visible. However, India has turned a blind eye to the migration of Hindus minorities who have been forced to leave Bangladesh. Although, no estimates are available, the number of Hindu migrants may be larger than the Muslim migrants.

After the 1965 Indo-Pakistan war, the then Pakistan Government identified the Hindus as enemies under the Enemy Property (Custody and Registration) Order-II of 1965 and dispossessed them of their properties. According to the Association for Land Reform and Development (ALRD), a Dhaka-based NGO, a total of 10,48,390 Hindu households have been affected by the Vested Properties Act, and estimates that 1.05 million acres of land have been dispossessed. About 30 per cent of the Hindu households (including those that are categorised as missing households) or 10 out of every 34 Hindu households are the victims of the VPA/EPA.

After independence, then Bangladesh President Sheikh Mujibur Rahman in his Order no 29 of 1972 changed the nomenclature from Enemy Properties Act (EPA) to "Vested Property Act" (VPA). Most of the Hindu properties under the Pakistani regime in East Pakistan were appropriated by the Awami League members. Mujib wanted to protect their interests. The Matabbars, village headmen, irrespective of their political affiliation, continue to grab Hindu lands.

As a show of another political tokenism, in April 2001 the Sheikh Hasina Government passed the Vested Property Return Act to return lands that were seized. The Government was tasked to prepare a list of vested property holdings by October 2001, and claims were to have been filed within 90 days of the publication date. The Government is yet to publish the list of vested properties. Rather, on November 26, 2002, Bangladesh Parliament passed an amendment to the Vested Property Act allowing the Government unlimited time to return the properties. The institutional discrimination against the Hindus increased under Begum Zia's regime

Illegal migration of Bangladeshis directly contributes to insurgency problems and undoubtedly poses a threat to demographic composition in the North East and threat to national security. The insurgency in Tripura is a case in point. New Delhi needs to take a pragmatic approach. On Hindu migration, it must raise the repeal of Vested Properties Act with the Government of Bangladesh, return of properties to the Hindus, provide refuge to those who flee because of atrocities and ensure their return with safety and dignity in conformity with international law. However, for those searching for lebensraum, India must prepare on war footing by fencing the borders, augmenting the BSF camps by reducing the gaps between them and continuous patrolling.

Episodic reactions will at best lead to border stand-offs. The plight of the Hindu minorities in Bangladesh cannot be resolved by opening the floodgates to millions of Bangladeshi Hindus. Nor increasing the BSF camps can reduce illegal migration if its jawans continue to allow the illegal migrants to cross the border by paying a Rs 100 bribe. New Delhi has an uphill task of tackling migration of Bangladeshis and it must set its own house in order first.
 


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