U Nu Declared That Rohingyas are Burmese Citizens in His Radio Speech, By Aman Ullah
The Burma Constituent Assembly’s decision was in favor of complete independence, and in mid October, Thakin Nu came to London to negotiate Burma’s secession from the British Commonwealth. The outcome was the signature on 17 October 1947, of the Nu-Atlee Agreement, recognizing the Republic of the Union of Burma as a fully independent state on a date to be fixed by the UK Parliament.
The Nu-Atlee Agreement came into force on 4 January 1948, on the day of independence of Myanmar.
In Article 1 of the Nu-Atlee Agreement, the Government of the United Kingdom recognizes the Republic of the Union of Burma as a fully Independent Sovereign State.
The Nu-Atlee Agreement was very important as to the determination of the nationality status of the peoples and races in Burma.
In the Article 3 of the Nu-Atlee Agreement, a citizen of Burma (Myanmar) defined:
“Any person who at the date of the coming into force of the present Treaty is, by virtue of the Constitution of the Union of Burma, a citizen thereof and who is, or by virtue of a subsequent election is deemed to be, also a British subject, may make a declaration of alienage in the manner prescribed by the law of the Union, and thereupon shall cease to be a citizen of the Union. The Provisional Government of Burma undertake to introduce in the Parliament of the Union as early as possible, and in any case within a period of one year from the coming into force of the present Treaty, legislation for the purpose of implementing the provisions of this Article.”
The Nu-Atlee Agreement is an agreement of decolonization, in other words, State succession of Burma (Myanmar) from the British Empire. The effect of change of sovereignty upon the nationality of the inhabitants of the territory has a long history under the Customary International Law before the establishment of the United Nations. The territorial transfer is usually based on a treaty, and the agreement made between the ceding and cessionary State will, as a rule, include provisions concerning the nationality of the inhabitants of the ceded territory.
The Nu-Atlee Agreement as an international agreement of the people’s right to self-determination under Article 73 of the UN Charter. The object and the purpose of the Nu-Atlee Agreement should be understood to achieve the decolonization of Burma that is to realize the right to self-determination of the all peoples living in Burma within the territorial frontiers accepted by the concept of uti possidetis at the date of the agreement. Uti possidentis is a principle in international law that territory and other property remains with its possessor at the end of conflict, unless otherwise provided for by treaty; if such treaty does. All the articles of the Nu-Atlee Agreement should be interpreted to reflect the goals of the right to self-determination without any acceptation of the peoples living in Burma including Rohingyas of Arakan. Peoples of Myanmar used their right of self-determination under the erga omnes provisions of the UN Charter on decolonization by the Nu-Atlee Agreement. Erga omnes is a Latin phrase which means “towards all” or “toward everyone”. In legal terminology, erga omnes rights or obligation are owed toward all.
When the Nu-Atlee Agreement decolonized Burma (Myanmar), the option to refuse the nationality for the new state and chose another nationality had not been given to the minorities of Burma (Myanmar). Before the independence of Myanmar, all the peoples including the minorities were under the protection of the Article 73 of the United Nations` Charter by the General Assembly Resolution66 (I). In Article 73, the interests of the inhabitants of the territories whose peoples have not yet attained a full measure of self-government as a principle defined as “paramount”, this principle includes “the well-being of them.” When the minorities of Burma (Myanmar) became stateless by decolonization, this is against the “object and purposes” of the Article 73 of the United Nations` Charter that can never be “sacrificed.”
However, a conspiracy was fabricated to deprive Rohingya Muslims of their right to vote in the Legislative Council election in 1947 labeling them as foreigners, alien and intruders and a large number of Muslims’ names were removed from the voters list. It was all done in the sight of world community. The Jamiat resisted the evil move and eventually became able to restore a plausible numbers of their names in the voter list. Mr. Sultan Ahmad President of Jamiat and his deputy Mr. Abdul Ghaffar was elected members in the Legislative Council to the Burma.
In the mean time, there was a rumor afoot that the Muslims of Arakan border would be shifted to Central Burma and Magh would be placed in their place. The wounds of 1942 massacre were yet to be healed when the Muslims were meted out step-motherly treatment by the Burmans in 1947. Added to these grievances, the new harassment and atrocities inflicted upon the Muslims were just like throwing them from frying pan to the fire. The Muslims were becoming more certain now that their existence and survival is in great danger.
Considering their insecurity and uncertainty of their position, they strongly felt that they need a strong political body by which they may collectively face for their existence and survival. However, as there was no peaceful and secure atmospheres were found for them anywhere in Burma, for which they have been compelled to take arms. Then they formed a party called ‘Mujahid Party’ and declared their the following seven points political demands on August 29, 1947 at Dabbori Chaung village of Buthidaung Township, known as Dabbori Chaung Declaration.
1. To from an Autonomous Muslims State named North Arakan with Buthidaung, Rathidaung and Maungdaw taking the region from the western part of Kaladan River and eastern part of Naf River. This region will remain under the Union of Burma.
2. To formed an Army named North Arakan Muslim Regiment by the help of those Muslim youths who possess Military Training or Military Experience in North Arakan. The Muslim youths of this regiment will sacrifice their lives for an inch of land in the case of foreign attack.
3. Urdu must be accepted as a regional language and a medium of instruction of North Arakan. But Burmese Language will remain compulsory as a national language.
4. Responsible Government Officials for North Arakan State must be appointed from the local Muslims. But a Burmese advisor on behalf of the Central Government may remain in this region.
5. The non-Muslim minority community of the North Arakan will have the similar fair treatment like other Muslim minority of other parts of Burma.
6. The Department of Foreign Affairs, Defence, Finance, and Commerce will remain directly under the Central Government. As regards the rest, what should remain under the local authority should be decided by the joint discussion of the Central and Local representatives and concurrently shared by both the Center and Local Authority.
7. Subject to the acceptance of the above conditions by the Burmese Government, a Pact will be signed by the Mujahid Representatives and the Burmese Government. But before the signing of the Pact, a General Amnesty must be announced to the other Muslim Political Leaders along with the Mujahid Party of North Arakan. Thereupon in accordance with the Section II of the Pact, the Mujahids known as Muslim Regiment of North Arakan will have the same privilege like the National Army of Burma, and they will be included in the Burma Regular Army as Territorial Force of North Arakan.
To consider their seven-point demands there were discussions on 3 occasions between the Government representatives and the Mujahideen leaders.
• Mr. Abul Bashar, a former Township Officer and later an elected M.P, was sent by the Government to Thamy to discuss with Mujahids and the Mujahideen submitted their seven-point demands to him.
• Some leading local persons along with the North Arakan Muslim Members of Parliament were sent to Thamy Village of Buthidaung for mutual exchange of ways and means. They proposed that the demands of Mujahideen would be considered if they leave off arms. Whereas, the Mujahideen representative did not want to do it till the acceptance of their demands.
• Mr. Sultan Ahmed M.P and Mr. Abdul Gaffer M.P were sent to Fakira Bazar in Maungdaw. But they also had to return without success.
In February 1950, the then Prime Minister U Nu, Minister of Minority Affairs U Aung Zan Wai accompanying the Pakistan Ambassador in Burma Sardar Aurangzeb came to Maungdaw in order to hold discussion o the seven-point demands of the Muslims of North Arakan. U Nu gave assurance to them that if they came to the legal fold, the Central Government itself would consider their demands. He also gave assurance to those who took refuge in the East Pakistan that a welfare officer would be appointed in order to assist them and the government would take the task of rehabilitation of the refugees. If any refugee returned to the land within specific time, they would not be put into troubles by the Immigration Act; complaints of such nature would remain postponed.
As per his commitment, U Nu, the Prime Minister of the Union of Burma, in his nationwide radio speech declared Rohingys as a Burmese Citizens on September 25, 1954.
