The Rohingya Crisis and the Risk of Atrocities in Myanmar:   An ASEAN Challenge and Call to Action

The Rohingya Crisis and the Risk of Atrocities in Myanmar: An ASEAN Challenge and Call to Action

Report, April 2015

The longstanding persecution of the Rohingya Muslim minority in Myanmar has led to the highest outflow of asylum seekers by sea since the U.S. war in Vietnam. Human rights violations against Rohingya have resulted in a regional human trafficking epidemic, and there have been further abuses against Rohingya upon their arrival in other Southeast Asian countries. The report represents a call to action. It demonstrates that the escalating human rights crisis in Myanmar and Southeast Asia more broadly is exacerbated by ASEAN’s failure to take effective action.

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The Rohingya Crisis and the Risk of Atrocities in Myanmar:   An ASEAN Challenge and Call to Action

Myanmar must comply with ICJ order and end restrictions on Rohingya, MPs say

JAKARTA – Ahead of the deadline imposed by the International Court of Justice (ICJ) tomorrow for Myanmar to submit its first report in the case alleging genocide against the Rohingya, regional parliamentarians are calling on Myanmar to take immediate steps to end the discriminatory restrictions against the minority group. Authorities must also protect all civilians in the ongoing war in Rakhine and Chin states, said ASEAN Parliamentarians for Human Rights (APHR).

“We have still not seen any credible evidence of Myanmar improving the situation for the Rohingya at all. Those inside Myanmar are still living in apartheid conditions and subject to the same – if not worse – restrictions they have lived under for years now, including those on their freedom of movement, access to health, education, and livelihoods. After all the pressure Myanmar has faced on this issue, how are we still at this point?” said Charles Santiago, Member of Parliament in Malaysia and APHR chair.  

In the preliminary ruling of the Gambia v. Myanmar case on 23 January, the ICJ ruled that there is a serious risk of genocide against the Rohingya. The court ordered Myanmar to implement provisional measures to prevent all acts of genocide including “killing members of the group,” “causing serious bodily or mental harm to members of the group,” “deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part,” or “imposing measures intended to prevent births within the group”. It also requires Myanmar to preserve evidence of crimes that could amount to genocide. These provisional measures are legally binding and require Myanmar to provide a report on their progress by 23 May, and a follow-up every six months thereafter.

On 8 April, Myanmar issued two presidential directives in response to the provisional measures. President Directive No. 1/2020 orders “all Ministries and all Regions and States Governments” to ensure that its staff, military or security forces and others under its control “do not commit” acts defined in the Genocide Convention, while Directive No. 2/2020 prohibits “all Ministries and the Rakhine State government” from destroying or removing any evidence of genocidal acts. 

“The Myanmar government’s directives, while a positive start, mean nothing if there are no concrete measures being implemented on the ground to dismantle the system of apartheid and discrimination against the Rohingya. If Myanmar is serious about complying with the ICJ, an absolute start point must be lifting the government-imposed internet blackout in Rakhine and Chin states,”  Santiago said.

All civilians living in Rakhine State are caught in the midst of the intensifying conflict between the Tatmadaw and Arakan Army, in which hundreds have been killed and wounded, and more than 157,000 people displaced. Amid a telecommunications blackout in Rakhine, the Tatmadaw excluded Rakhine State from their recently announced four-month unilateral ceasefire aimed at tackling the COVID-19 virus.  

APHR calls on ASEAN to urge Myanmar to protect civilians in the conflict, and tackle the root causes of the crisis by taking a rights-based approach that is in line with international standards. To achieve this, the recommendations from the Kofi Annan-led Advisory Commission on Rakhine State should be implemented, and ASEAN must urge Myanmar to cooperate with international accountability mechanisms to ensure justice for the Rohingya.

“We are talking about the most severe crimes under international law. After decades of oppression, violence and restrictions on the rights of the Rohingya, the international community cannot continue to watch the Myanmar authorities act with impunity. It may be years before the ICJ comes up with a final judgment, so in the meantime, ASEAN leaders must urge Myanmar to implement genuine reform,” said Chamnan Chanruang, an APHR member and former Thai MP. 

ASEAN must do more to help the Rohingya

ASEAN must do more to help the Rohingya

By Kasit Piromya, former Thai MP and Board Member of ASEAN Parliamentarians for Human Rights

The deaths of more than a dozen Rohingyas on an overcrowded boat that was bound for Malaysia but capsized in the Bay of Bengal in early February highlighted the desperation that about a million refugees continue to face in the sprawling camps in southern Bangladesh. While the refugees’ plight is of high concern, it often overshadows the fact that the situation has only gotten worse for the hundreds of thousands of Rohingya still in Myanmar’s Rakhine state, where the refugees in Bangladesh lived before fleeing persecution and violence over recent decades.

In both Myanmar and Bangladesh, the desperate plight of the Rohingyas has no end in sight. This is particularly true for the often forgotten hundreds of thousands of Rohingyas who remain in Rakhine, where the conflict between the Arakan Army (AA) and the Tatmadaw, Myanmar’s military, keeps intensifying.

The shelling of a school in northern Rakhine’s Buthidaung Township on Myanmar’s Children’s Day last month, which injured about 20 primary school students, should have been the final straw of the violence. Instead, thousands of civilians from all communities in Rakhine continue to live in fear as the number of casualties and injuries, as well as those displaced, grows every day.

How many more people have to suffer and how many more villages need to be hit by artillery as so-called “collateral damage” before Myanmar takes its obligations seriously and protects all civilians in the restive state?

On top of the conflict-related violence, communities in Rakhine state face the added ignominy of living under one of the world’s longest-running telecom shutdowns, which has been in place in one form or another since June 2019. The internet blackout has a disproportionate impact on local civilians, hampering their access to livelihoods and to basic information, while also obstructing the work of journalists, human rights monitors, and aid organizations.

Humanitarian groups have been prevented from providing crucial aid to many areas where the Rohingyas live, leaving thousands at risk of starvation. Meanwhile, state-imposed restrictions on freedom of movement mean that the Rohingyas cannot even flee for safety if the conflict encroaches close to where they are living.

The situation in Rakhine state is troubling for all communities, but particularly so for the approximately 600,000 Rohingyas who remain trapped in an apartheid system that has been ongoing for almost eight years. Not only are their villages being caught up in the violence, but there is credible evidence that they are being used as forced laborers in Tatmadaw camps, as “guides” to find AA fighters in remote areas, and as sentries in villages. All this while continuing to face severe restrictions on their rights to citizenship, freedom of movement, and access to education, healthcare, and livelihoods.

Put simply, Myanmar authorities have done nothing to improve the situation for the Rohingyas living in Rakhine state in recent years, and in many ways the conflict and the government’s imposed restrictions mean that the situation has only gotten worse. Amid this environment, how can ASEAN and other countries even begin to talk about repatriations taking place?

ASEAN’s efforts to facilitate and promote the repatriation of Rohingya refugees to Myanmar is rushed and one-sided. It has totally embraced Myanmar’s narrative on the ongoing situation in Rakhine state and failed to consult and engage with Rohingya refugees.

The lack of progress clearly calls for ASEAN governments to do more to help resolve the protracted crisis.

Yet, despite ASEAN’s charter — the bloc’s legally binding founding agreement — claiming to adhere to “respect for and protection of human rights and fundamental freedoms,” ASEAN member states have been too eager to hide behind its policy of noninterference regarding a member’s domestic affairs to avoid questioning Myanmar’s highly defensive narrative.

Instead, members of the ASEAN Plus Three grouping, comprising the bloc’s member states as well as China, Japan and South Korea, are supporting humanitarian and repatriation efforts in Rakhine state. In recent months, Indonesia and South Korea have donated half a million U.S. dollars each to support ASEAN efforts for the repatriation of the Rohingyas.

However, with conditions on the ground deteriorating, and most refugees not willing to consider moving back without guarantees for their rights and safety, ASEAN’s aid will be of little benefit to the Rohingyas if the bloc does not play a role in helping Myanmar tackle the root causes of the crisis and take steps toward restoring citizenship rights, lifting discriminatory movement restrictions, and ensuring full accountability of those responsible for the atrocities. Humanitarian aid is in dire need, but highly flawed if its access is being restricted and no measures are taken toward a sustainable solution that means that aid is no longer required.

Further, by only relying on Myanmar’s word about the situation in Rakhine state, how can ASEAN governments even be sure that their money and aid are being used to benefit all communities? ASEAN members should request access on the ground to verify and evaluate that their contributions are being spent effectively and having a positive impact — something that can only be achieved by consulting all communities, including the Rohingyas, directly.

An opportunity for progress emerged recently, when the International Court of Justice ordered Myanmar to not commit any acts of genocide and to prevent the destruction of potential evidence. Myanmar must submit a report back to the court within four months of the January 23 decision, and every six months thereafter.

The ICJ case relates to the most heinous crimes under international law, and should lead to greater urgency among ASEAN member states to prevent war crimes, crimes against humanity, and possible genocide against the Rohingyas. A welcome step would be for ASEAN member states to offer assistance in helping Myanmar meet its reporting obligations for the ICJ ahead of the May 23 deadline.

Myanmar has consistently said it needs time to deal with the complex issues in Rakhine state, but ASEAN must start questioning Myanmar’s lack of progress toward improving the situation on the ground. ASEAN can be a constructive player in resolving this crisis but must recognize that helping Myanmar — a member state — to overcome the ongoing issues in Rakhine is a collective responsibility that requires more than humanitarian assistance. The impacts of the crisis are being felt across the region and will continue to do so as long as Myanmar’s government refuses to tackle the root causes of the crisis and ensure accountability.

We need to finally start seeing concrete progress in Rakhine, so that the issue moves toward a resolution, and justice for the Rohingyas can finally be served.

This article was originally published in The Diplomat

Kasit Piromya is the former foreign minister of Thailand, a former member of Parliament, and a board member of ASEAN Parliamentarians for Human Rights (APHR). 

Joint Letter: Restrictions on Communication, Fencing, and COVID-19 in Cox’s Bazar District Rohingya Refugee Camps

Joint Letter: Restrictions on Communication, Fencing, and COVID-19 in Cox’s Bazar District Rohingya Refugee Camps

Sheikh Hasina
Prime Minister
Old Sangsad Bhaban
Tejagaon, Dhaka-1215
Bangladesh

Dear Prime Minister Sheikh Hasina,

As authorities around the world struggle to cope with the spread of COVID-19, it is crucial that States act to protect the most vulnerable, including refugee populations.

We, the 50 undersigned organizations, have welcomed the Bangladesh government’s efforts to host the Rohingya refugees who were forced to flee atrocities perpetrated by the Myanmar Army. We also commend the Bangladesh Government for working closely with the humanitarian community on COVID-19 preparedness and response in Cox’s Bazar District, including efforts to establish isolation and treatment facilities.

Now we write to urge you to lift ongoing mobile internet restrictions and halt the construction of barbed wire fencing around the Rohingya refugee camps in Cox’s Bazar District. These measures threaten the safety and well-being of the refugees as well as Bangladesh host communities and aid workers, in light of the growing COVID-19 pandemic.

As the COVID-19 pandemic spreads to Bangladesh, unrestricted access to information via mobile and internet communications is crucial for slowing the transmission of the disease and saving the lives of refugees, humanitarian workers, and the general population of Bangladesh. Lifting restrictions will not only enable community health workers to quickly share and receive the most reliable and up-to-date guidance during this evolving pandemic, but will also help in coordination with community leaders. We urge you to ensure refugees, local communities, and aid workers alike can freely access mobile and internet communications, in the interest of protecting human rights and public health.

Since September 2019, Bangladesh authorities have prevented Rohingya refugees from obtaining SIM Cards and directed telecommunications operators to restrict internet coverage in Rohingya refugee camps in Cox’s Bazar District. According to Bangladesh’s Refugee Relief and Repatriation Commissioner Mahbub Alam Talukder in Cox’s Bazar, authorities have confiscated more than 12,000 SIM Cards from refugees since September and refugees report that in some instances authorities have prohibited the use of mobile phones altogether.

These restrictions should be lifted in light of the government’s recommendation to those experiencing COVID-19 symptoms to contact the Institute of Epidemiology, Disease Control and Research, hotline. Without a phone or SIM Card, abiding by this instruction is impossible. Furthermore, without access to mobile and internet communications, aid workers and others will be forced to deliver critical health information in person, heightening their risk of exposure to COVID-19 and slowing the effectiveness of the response.

Access to information is an essential component of an effective public health response to a pandemic. On March 19, experts from the United Nations, the Organization of American States, and the Organization for Security and Co-operation in Europe called on all governments to “ensure immediate access to the fastest and broadest possible internet service” in light of the COVID-19 pandemic, noting that, “[e]specially at a time of emergency, when access to information is of critical importance, broad restrictions on access to the internet cannot be justified on public order or national security grounds.” 

In addition to providing access to information, there is a critical need for the government to take extra precautions to ensure the safety and well-being of the refugees. On March 24, Commissioner Mahbub Alam Talukder told media that in response to the spread of COVID-19, “All activities will be suspended in every camp. . . . However, emergency services with respect to food, health, and medicine will continue as usual.” The Bangladesh government should ensure that protective measures, including provision of sufficient personal protective equipment, are available for the aid workers and volunteers providing these essential services in accordance with the Inter-Agency Standing Committee’s “Interim Guidance” on COVID-19 response operations in humanitarian settings.

During this time, the Government of Bangladesh should work in close collaboration with international humanitarian organizations and Rohingya-led groups to disseminate accurate and timely information on COVID-19 and mitigate the risk of the virus spreading into the camps and in adjacent host communities.

The government should further balance travel restrictions to ensure that additional humanitarian health workers can safely enter the country and camps without facing undue bureaucratic impediments.

We also write to share our concern regarding the construction of barbed-wire fencing around refugee camps. On September 26, 2019, Home Minister Asaduzzaman Khan Kamal announced plans to construct barbed-wire fencing and guard towers around Rohingya refugee camps in Cox’s Bazar District. Various statements by government officials have made it clear that the purpose of the fencing is not to protect the Rohingya, but rather to confine them. The Bangladesh Home Minister told journalists the reason for building the fencing was to “ensure that the Rohingya do not leave the camp and join our community.” Construction on the fencing began in November 2019.

This construction is motivated by concerns arising prior to the global outbreak of COVID-19, but now risks not only harming refugees but impeding the response to the pandemic. The Bangladesh government’s construction of fencing to enclose the Rohingya refugee camps has created heightened distress, fear, and mistrust among Rohingya refugees, posing greater risks to public health and needless obstructions to humanitarian access as it will become harder for refugees to enter and exit the camp for services.

In constructing barbed-wire fencing to confine Rohingya refugees, Bangladesh risks mirroring the behavior of Myanmar authorities, who presently confine more than 125,000 Rohingya to more than 20 internment camps in five townships of Rakhine State. Instead, Bangladesh should ensure proper access to health care with ease of mobility. This is particularly crucial for those most vulnerable in the refugee camps, including those living with disabilities, older people, and children. 

Rohingya refugees remain vulnerable as they depend on humanitarian assistance. It is critical to maintain humanitarian access to the camps at this time. It is equally important to prepare the Rohingya community—men, women, and youth—to be capacitated to support their community at this time. Rohingya community volunteers will be the first responders in this crisis and must be equipped with personal protective equipment and trained accordingly on health and hygiene promotion.

We urge you and your government to uphold the rights of Rohingya refugees to health, freedom of expression and access to information, and freedom of movement. We also call on the Bangladesh Government to ensure non-discrimination between refugees and citizens in accessing timely COVID-19 testing and treatment.

We strongly believe these protections will also benefit overall public health in Bangladesh.

We thank you for your attention to these issues, and we offer our assistance and support to protect the lives and well-being of all those within the territory of Bangladesh, including Rohingya refugees.

 CC:

Minister of Disaster Management and Relief Enamur Rahman

Refugee Relief and Repatriation Commissioner Mahbub Alam Talukder

 Signatories:

1. ARTICLE 19

2. ASEAN Parliamentarians for Human Rights

3. Action Corps

4. Alternative ASEAN Network on Burma (ALTSEAN-Burma)

5. Amnesty International

6. Arakan Rohingya National Organisation

7. Asia Pacific Refugee Rights Network

8. Association Rohingya Thailand

9. Beyond Borders Malaysia

10. British Rohingya Community UK

11. Burma Campaign UK

12. Burma Human Rights Network

13. Burma Task Force

14. Burmese Rohingya Association in Japan

15. Burmese Rohingya Community in Denmark

16. Burmese Rohingya Organisation UK

17. Canadian Burmese Rohingya Organization

18. Canadian Rohingya Development Initiative

19. Emgage Action

20. European Rohingya Council

21. FIDH – International Federation for Human Rights

22. Fortify Rights

23. Global Centre for the Responsibility to Protect

24. Global Justice Center

25. Human Rights Watch

26. Institute for Genocide and Mass Atrocity Prevention, Binghamton University

27. International Campaign for the Rohingya

28. International Human Rights Clinic, Harvard Law School

29. Justice For All

30. Justice4Rohingya UK

31. Kaladan Press Network

32. Karen Women’s Organization

33. Myanmar Alliance for Transparency and Accountability

34. People Empowerment Foundation

35. Pusat KOMAS, Malaysia

36. Queensland Rohingya Community

37. Refugees International

38. Robert F. Kennedy Human Rights

39. Rohingya Action Ireland

40. Rohingya Association of Canada

41. Rohingya Global Youth Movement

42. Rohingya Human Rights Network

43. Rohingya Peace Network Thailand

44. Rohingya Refugee Network

45. Rohingya Today

46. Save Rohingya Worldwide

47. Society for Threatened Peoples Germany

48. U.S. Campaign for Burma

49. Unitarian Universalist Service Committee

50. WITNESS

Parliamentarians welcome steps towards accountability in Myanmar

Parliamentarians welcome steps towards accountability in Myanmar

 JAKARTA – Regional lawmakers today welcomed the decision by the International Criminal Court (ICC) to authorize the ICC’s prosecutor to proceed with an investigation into some of the possible crimes perpetrated against the Rohingya.

The cycle of violence and crimes against ethnic minorities in Myanmar have been ongoing for decades, and have been allowed to continue in no small part because of the rampant impunity in the country, said ASEAN Parliamentarians for Human Rights (APHR). There cannot be peace in Myanmar, or the safe return of refugees and displaced persons, without justice.

This week, the Gambia also accused Myanmar of genocide before the International Court of Justice, and Rohingya activists filed a lawsuit in an Argentinean court under the universal jurisdiction for crimes against humanity and war crimes. 

 After the events of this week, generals in Naypyitaw must get the message loud and clear that times of total impunity for their crimes are coming to an end,” said Charles Santiago, a Member of Parliament of Malaysia, and APHR Board Chair.

APHR also urged ASEAN countries to play a greater role in international efforts to tackle the root causes of the situation in Myanmar.

These cases for crimes against the Rohingya are not the whole story. For decades the Myanmar Army has waged a campaign of violence against ethnic minorities across the country. As long as it can commit crimes unchecked, without consequences, it will continue to do so.”

“If ASEAN is serious about ending the waves of displacement, it must stop turning a blind eye to the core of the problem and support accountability efforts. ASEAN member states risk being on the wrong side of history if they fail to take meaningful measures to address these crimes,” added Charles Santiago.

This week’s events are only the beginning of a long road towards justice. While they are welcomed, it is important to keep in mind that these cases are limited to certain crimes in certain areas, APHR said.

The international community should not use these developments as an excuse to shy away from its responsibilities to ensure justice for all in Myanmar. It must refer the situation of Myanmar as a whole to the ICC to ensure that all victims of international crimes get a chance to see justice,” said Teddy Baguilat, former parliamentarian from the Philippines and APHR Board Member.