The Architecture Of Exclusion

The Architecture Of Exclusion

Episode #549: Mohammad Siraj, a Rohingya researcher, political analyst, educator, and aspiring legal scholar living in a refugee camp in Bangladesh, studies citizenship, constitutional reform, education, and human rights. Drawing on his work with the Rohingya Academic Research Institute and his experience teaching in refugee settings, he argues that the Rohingya crisis is not simply a humanitarian emergency but a political and institutional crisis rooted in discriminatory law, particularly Myanmar’s citizenship framework and constitutional structure. Siraj’s own life reflects the realities he studies. He once hoped to become a doctor, but military violence forced his family to flee Myanmar. In Bangladesh’s refugee camps, he continued studying through limited educational opportunities and later pursued research training. Statelessness created major barriers: even when he received university offers, he could not accept them because he lacked a passport or travel documents. He turned toward law because he believes legal systems have excluded Rohingya from citizenship, political participation, and protection. He repeatedly highlights statelessness as one of the greatest obstacles Rohingya face. Without citizenship, movement, higher education, and professional opportunities remain difficult to access. His own studies through the online University of the People illustrate both determination and the limits of such alternatives. Siraj’s research and teaching are rooted in these same conditions. At the Rohingya Academic Research Institute, a community-led organization in the camps, he helps Rohingya scholars document their history and rights. He also criticizes humanitarian education programs that prioritize administrative requirements over meaningful learning. In response, Rohingya teachers have created community schools using the Myanmar curriculum, though their certificates are rarely recognized by universities. For Siraj, the deeper cause of the crisis lies in Myanmar’s 1982 citizenship law, which stripped Rohingya of citizenship and legal protection. He argues that lasting reform must restore equal citizenship and dismantle constitutional structures that entrench military power, while dialogue across communities remains essential for building a democratic Myanmar where all ethnic groups share citizenship, representation, and dignity.

An Officer and a Gentleman

Episode #548: Sunda Khin shares a remarkable family journey through contemporary Burmese history. She starts with her father, U Chan Htoon, who suggested that a young Indian businessman named S.N. Goenka learn meditation from Sayagyi U Ba Khin to cure his migraines. Growing up as the daughter of the country's first Supreme Court Justice, she recalls spending time in General Ne Win's home during the "Caretaker Government" years. Ne Win's coup in 1962 marked a shift, leading to economic turmoil and loss of civil liberties, including the arrest of her father. As a means for explaining the many challenges that have befallen her country since 1958, she explains the Burmese Buddhist concept of "tha gyarr thar tha nar," which is a Burmese prophecy that signifies the end of the Buddha’s protective period after 2,500 years. Sunda Khin shares several international situations that her father was involved with. The most complex of these was when South Vietnamese members of the World Fellowship of Buddhists (WFB) demanded the organization stand up against Ngo Dinh Diem's discrimination of the country's Buddhist minority. The US was concerned that this move could weaken their ally against rising Communist influence in the region, and indeed, that the influential WFB might be falling under Communist control. U Chan Htoon was making some headway is mediating this crisis, but unfortunately, before it could be resolved, Ne Win had him arrested, perhaps out of a political fear of his popularity and influence. Sunda Khin also describes her father’s rather unexpected acquisition of a lakefront property, which was later inherited by Aung San Suu Kyi, and where she endured decades of house arrest.And she discusses her childhood friendship with Louisa Bensen, who transformed from a beauty queen to a Karen insurgent leader, and their involvement together in the democracy movement many years later. “A lot of things have happened, but I have a lot of hope for things to change,” she says regarding the current resistance movement. “I might not see it right now, or before I die, but I'mhoping that it will change and that the people will be able to have their own government and their freedom. That is my hope.”

No Man’s Land

Episode #547: Scott Leckie, an international human rights lawyer, and Jose Arraiza, a specialist in housing, land, and property rights and citizenship in conflict-affected settings, argue that land in Myanmar is not simply a resource but a central mechanism through which power is exercised, inequality is produced, and political authority is maintained. They emphasize that housing, land, and property (HLP) rights extend beyond formal ownership to include anyone whose ability to remain on land is vulnerable to arbitrary interference. The roots of Myanmar’s current land system can be traced to colonial policies that classified inhabited land as “wasteland,” which enabled appropriation. This framework was later adopted by the country’s military regimes; as a result, this legacy persists in a system where land can be taken with minimal process and little recourse, allowing authorities to reallocate land and consolidate control. The effects of this system are most visible in the interaction between conflict and land governance. While large-scale displacement is primarily driven by armed conflict, the land system determines what happens afterward. Displaced people frequently lose practical control over their land, as it is reclassified or repurposed, often for commercial activities such as mining or agriculture. In this way, temporary displacement is transformed into longer-term dispossession. The same system also shapes economic outcomes, directing the benefits of land use toward elites and those with political connections rather than affected communities. These practices diverge from international legal standards, which require safeguards such as compensation and access to remedies. The situation is further complicated by citizenship and documentation issues, which weaken individuals’ ability to assert claims, particularly for marginalized groups such as the Rohingya. Although reforms between 2011 and 2021 showed that alternative approaches were possible, the 2021 coup reversed these changes. Today, governance is fragmented between military authorities and ethnic resistance groups, with some efforts to develop alternative land systems. Civil society organizations continue to support affected populations but face reduced capacity due to declining international support. Despite these challenges, Leckie and Arraiza argue that any future transition must center land rights, restitution, and legal protection, and that meaningful change remains possible.

From the Other Shore

Episode #546: Recorded in Kuala Lumpur during Malaysia’s final stretch as ASEAN chair, this is the second episode in a three part series which looks less at policy language and more at political consequence. Recorded inside Parliament, lawmakers grapple with what regional diplomacy can realistically achieve while communities across Malaysia absorb the human fallout of Myanmar’s implosion — refugees navigating precarious legal status, strained public systems, and a debate that grows sharper the longer the crisis drags on. The first guest, Willie Mongin, is the Member of Parliament for Puncak Borneo in Sarawak and a former deputy minister who now serves as Deputy Chair of Malaysia’s parliamentary select committee on international trade and international relations. His engagement with Myanmar deepened after joining the committee three years ago, when he began closely monitoring ASEAN geopolitics. For Mongin, the logic is simple: regional peace underpins shared prosperity. “When we have a peaceful region, we can actually work together and work towards prosperity together,” he says. Instability in Myanmar, he argues, threatens ASEAN cohesion and fuels refugee pressures in Malaysia. While acknowledging Malaysia’s limits, he calls on the United Nations and major powers to press for a democratic resolution led ultimately by Myanmar’s own leadership. The second guest, Ahmed Tarmizi, is the Member of Parliament for Sik in Kedah and Deputy Chairman of Malaysia’s All-Party Parliamentary Group on Refugee Policy. Before entering politics, he worked in humanitarian relief connected to Myanmar, traveling to Rakhine State and refugee camps in Cox’s Bazar. He describes Myanmar’s crisis as regional in impact, calling it “like a cancer for the Asian community.” In Malaysia, he highlights the presence of more than 180,000 refugees, mostly from Myanmar, and the country’s lack of a formal legal framework recognizing them. “We don't have any legal [act] to recognize the refugees,” he says, urging clearer policy and stronger ASEAN and UN action to stop the violence driving displacement.

The Long Fuse

Episode #545: The promise of justice for war crimes in Myanmar is far from perfect, says Dr. Stuart Casey-Maslen, a leading legal expert on disarmament and international humanitarian law. The military regime’s alleged war crimes continue unchecked, with airstrikes against civilian targets, the destruction of homes, schools, and places of worship, and indiscriminate use of landmines exacting a cruel toll. On a different scale, some resistance armed groups have also been accused of war crimes. “Justice can, and sometimes does, catch up with you even many years afterwards,” says Casey-Maslen, who is editor of the Mine Action Review and has written extensively on international law related to landmines. “If a member of the Tatmadaw, or a senior official in the Myanmar government, travels in years to come to one of many countries that have legislation for war crimes or crimes against humanity… that can also be a prosecution of the use of an anti-personnel mine.” Anti-personnel landmines fall into a distinct class of “victim-activated” weapons, which are designed to be detonated by the victim. The deliberate delay between the deployment and detonation also distinguishes landmines from weapons such as firearms or artillery, in which a specific target is chosen and impact is relatively immediate. This delay makes accountability much more difficult, including identifying who laid the mine. Prosecutions for crimes committed in Myanmar face considerable challenges, but the facts of the case remain. “The use by the Tatmadaw and by certain rebel groups, but particularly the use by the Myanmar military, has been indiscriminate,” Casey-Maslen says. “They have committed war crimes through their use of anti-personnel mines. In certain instances, they have forced people to walk through minefields. That is a war crime. That kind of conduct is beyond any rule of IHL, and hopefully one day those who are responsible will be brought to account.”