Nov 9, 2020 | COVID19, Open Letters, RM
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
Nov 9, 2020 | Statements
JAKARTA – Regional lawmakers today urged Myanmar’s military, the Tatmadaw, and the Arakan Army (AA) to protect civilians from the ongoing fighting in Rakhine and Chin states, end all violations of human rights and humanitarian law, and ensure the delivery of humanitarian assistance to those in need.
The calls came amid an uptick in violence and civilian death and injuries in the area since early February. Over the weekend, media reports said that 21 villagers were killed and dozens injured when Tatmadaw fighter jets shot at villages in Paletwa Township, Chin State. Last week, three civilians were reportedly killed and 30 injured when Myanmar’s military launched attacks on two Rakhine townships in response to an AA ambush.
“Haven’t the people of Rakhine State suffered enough? Recent years have brought nothing but pain and violence for the communities there,” said Maria Chin Abdullah, a Malaysian Member of Parliament (MP), and member of ASEAN Parliamentarians for Human Rights (APHR). “Civilians are not a target; both the Tatmadaw and the AA must immediately and strictly comply with international humanitarian and human rights law, and ensure that local residents are protected. ”
Abuses by both parties since the conflict escalated in January 2019 have been well-documented. Last year, Amnesty International reported that the “overwhelming majority” of abuses were being committed by the Tatmadaw including indiscriminate firing in civilian areas, killing and injuring villagers, arbitrary arrests, enforced disappearances, torture, forced labour and damaging properties. It also found that the AA, a mainly Buddhist group claiming to fight for the rights of the ethnic Rakhine, had committed abuses, including abductions and arbitrary deprivation of liberty.
“Let’s not forget that it was only a few years ago that Tatmadaw soldiers committed unspeakable atrocities against the Rohingya in Rakhine State. Today, those same troops are still committing abuses in total impunity, in-part because they have never been held accountable for their actions,” said Abdullah.
“The Tatmadaw’s conduct on the ground in Rakhine shows it has no fear of being held accountable in Myanmar for its abuses. It is yet another illustration that what is needed is international accountability, and the referral of the situation of Myanmar as a whole to the ICC,” Abdullah said.
On top of the violence, communities in Rakhine State are living under one of the world’s longest-running telecoms shutdowns, which has been in place in one form or another since June 2019. The blackout puts people already in a dangerous situation even more at risk, limiting their access to livelihoods and basic information, and also obstructs the work of human rights monitors, journalists, and aid organisations, APHR said. In February, APHR joined dozens of organisations in calling on the Myanmar government to immediately lift the restrictions.
“Not only are people in Rakhine State targeted by the violence, unable to communicate among themselves and the outside world, but they are also restricted in accessing necessary humanitarian aid,” said Kunthida Rungruengkiat, a former MP of Thailand and APHR member.
According to the Report of the Special Rapporteur on the situation of human rights in Myanmar, around 58,000 people have been displaced by the AA-Tatmadaw conflict, and there are reports of both parties arbitrarily restricting humanitarian aid.
“All parties, as well as authorities, must immediately allow unfettered humanitarian access to those in need in all areas affected by the violence, as well as access to the media and human rights monitors,” Kunthida said.
Nov 9, 2020 | DFF, Statements
A Myanmar version of this statement is available here.
We, the 29 undersigned organizations, call on the Government of Myanmar to immediately lift restrictions on mobile internet communications in eight townships in Rakhine State and one township in Chin State. We are particularly concerned by the Government of Myanmar’s recent reinstatement of restrictions on mobile internet access in five townships on February 3, 2020, after lifting restrictions in those townships earlier.
We call on the Government of Myanmar to release publicly the justification for the internet shutdown and all information related to the process by which these restrictions were imposed.
The government first imposed restrictions on mobile internet communications on June 21, 2019 in Buthidaung, Kyauktaw, Maungdaw, Minbya, Mrauk-U, Myebon, Ponnagyun, and Rathedaung townships in Rakhine State and Paletwa Township in Chin State. On September 1, the government lifted restrictions in Buthidaung, Maungdaw, Myebon, Paletwa, and Rathedaung townships.
On February 3, 2020, a telecommunications provider reported that the Myanmar Ministry of Transport and Communications ordered the reinstatement of the restrictions in those five townships. The company published a statement on its website saying that the Ministry referenced “security requirement and public interest” in issuing the order.
The almost eight-month blackout in Kyauktaw, Minbya, Mrauk-U, and Ponnagyun townships is one of the world’s longest government-imposed shutdowns of mobile internet communications.
The internet restrictions disproportionately affect civilians in conflict areas, hampering humanitarian aid operations, livelihoods, and the work of human rights monitors.
The shutdown appears to be a response by the Government of Myanmar to the ongoing conflict between the ethnic Rakhine Arakan Army and the Myanmar military. An escalation in fighting since the start of 2019 has displaced tens of thousands of civilians in conflict-affected townships in Rakhine and Chin states.
It is likely that the shutdown will also make it much more difficult to assess Myanmar’s compliance with the January 2020 ruling by the International Court of Justice, ordering “provisional measures” to protect the Rohingya community in Rakhine State from genocidal acts.
The United Nations Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee said in her end of mission statement on January 23, 2020 that the restrictions imposed by the by Myanmar’s authorities “severely exacerbate” the humanitarian impact of the conflict.
Following the initial shutdown of mobile internet services in June 2019, the Special Rapporteur expressed deep concern for civilians who are “cut off and without the necessary means to communicate with people inside and outside the area.”
We join the Special Rapporteur in calling on the Government of Myanmar to immediately lift restrictions on mobile internet services in order to guarantee the right to freedom of expression, including access to information, for those in Rakhine and Chin States. We also call on the government to repeal Section 77 of the Telecommunications Law, which provides overly broad powers to the Ministry of Transport and
Communications, including to direct telecommunications operators to suspend telecommunications services.
Any restrictions on service in times of emergency should be narrowly defined, subject to prior judicial approval, and reserved for exceptional circumstances.
Article 19 of the Universal Declaration of Human Rights protects the right to freedom of expression, which includes the right to “receive and impart information and ideas through any media and regardless of frontiers.”
Restrictions on the right to freedom of expression must be the exception, rather than the rule, and must be provided in law; applied only in specific circumstances, namely to protect the rights and reputation of others or to ensure national security, public order, public health, or public morals; and
be necessary and proportionate, that is, the least restrictive means required to achieve any of the above aims. All three requirements need to be met for a restriction to accord with international human rights law and standards.
Recognizing the internet as a “key means” for individuals to exercise this right, the U.N. Special Rapporteur on the right to freedom of opinion and expression has stated that States have a positive obligation to adopt “effective and concrete policies and strategies . . . to make the Internet widely available, accessible and affordable to all.”
In a 2016 resolution on the promotion, protection, and enjoyment of human rights on the internet, the U.N. Human Rights Council stated that it “[c]ondemns unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online . . . and calls on all States to refrain from and cease such measures.”
In September 2019, the Human Rights Council called on the government of Myanmar to restore internet access to Rakhine State and to repeal Section 77 of the Telecommunications Law.
The undersigned also call on the Myanmar Government to allow humanitarian workers, independent journalists, and human rights monitors unfettered and sustained access to Rakhine and Chin States.
Signed:
- ARAKKA Foundation
- ARTICLE 19
- ASEAN Parliamentarians for Human Rights
- All Arakan Students’ and Youths’ Congress
- Alternative ASEAN Network on Burma (ALTSEAN-Burma)
- Amnesty International
- Arakan Information Center
- Arakan Rivers Network
- Athan
- Burma Campaign UK
- Burma Human Rights Network
- Burma Task Force
- Burmese Rohingya Organisation UK
- Chin Human Rights Organization
- Christian Solidarity Worldwide
- CIVICUS: World Alliance for Citizen Participation
- FIDH – International Federation for Human Rights
- Fortify Rights
- Human Rights Watch
- Justice For All
- Karen Women’s Organization
- Peace and Development Initiative -Kintha
- Refugees International
- Robert F. Kennedy Human Rights
- Rohingya Student Network
- Rohingya Youth for Legal Action
- Synergy
- The Arakan Project
- Women Peace Network
Nov 9, 2020 | FoRB, RM, Statements
JAKARTA – More than 130 lawmakers from across Southeast Asia today demanded the international community bring officials in Myanmar to justice for atrocity crimes committed against the Rohingya population of Rakhine State.
In the joint statement released today, 132 sitting MPs from five countries*, including 22 members of ASEAN Parliamentarians for Human Rights (APHR), called on members of the UN Security Council (UNSC) to refer the situation in Myanmar to the International Criminal Court (ICC). Since Myanmar is not a signatory to the Rome Statute, the ICC does not have jurisdiction in the country and only the UNSC can trigger an investigation by the Court.
“One year has passed since the Myanmar military launched its murderous operation in Rakhine State, yet we are no closer to seeing those responsible brought to justice. As Myanmar is clearly both unwilling and unable to investigate itself, we are now at a stage where the international community must step in to ensure accountability,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.
“I stand together with 131 of my elected peers in calling on the members of the UNSC to immediately refer the situation in Myanmar to the ICC. Those in Myanmar responsible for these horrific crimes must be held to account; they cannot be left free to commit the same abuses again in the future.”
Regional lawmakers recognised the crucial role played by their own governments in pursuing accountability. They urged members states of the Association of Southeast Asian Nations (ASEAN), including Indonesia, which will take a seat on the UNSC next year, to press the Myanmar government and military to end all forms of human rights violations against the Rohingya and other ethnic minorities.
The regional lawmakers also urged the international community to support the calls of Yanghee Lee, the UN Special Rapporteur on the situation of human rights in Myanmar, to establish an international accountability mechanism that aims to impartially investigate human rights violations in the country.
Tomorrow, 25 August 2018, marks the one-year anniversary of the Myanmar’s military launch of an operation in Rakhine State in response to attacks by the Arakan Rohingya Salvation Army on police posts. Security forces and their proxies killed thousands of Rohingya, burned villages to the ground, committed widespread sexual violence and drove more than 700,000 people to flee into Bangladesh.
Although human rights groups have credibly documented violations against Rohingya that amount to crimes against humanity, Myanmar officials have largely ignored that any abuses have taken place. While Nay Pyi Taw has announced a “commission of inquiry” into the events in Rakhine State, Myanmar has a long track record of establishing similar bodies which have almost never led to any genuine accountability.
This lack of accountability is affecting people in other ethnic areas too, including Kachin and Shan State, where the Myanmar military has committed war crimes and displaced thousands.
“Time has run out for Myanmar’s internal procedures which have only meant to deflect international pressure and are not mandated to seek genuine accountability. ASEAN countries must set aside their destructive ‘non-interference’ policy and take genuine action. Justice for the Rohingya is an issue that goes beyond regional politics – it concerns humanity as a whole. We cannot allow these atrocities to take place in one of our member countries with complete impunity,” said APHR Board Member, Eva Kusuma Sundari, a member of the Indonesian House of Representative.
“The fact that more than 100 sitting parliamentarians from across the region are willing to speak up shows the level of regional support for the Rohingya, and for human rights. Governments must now follow suit and condemn Myanmar for its horrific policies and practices. We are combining our voices with all those around the globe that are demanding the world stand up to atrocity crimes and bring those responsible to account.”
* Countries of endorsing parliamentarians: Indonesia, Malaysia, Philippines, Singapore, Timor-Leste.
Click here to read the joint MP statement in English, Bahasa Indonesia, Burmese, or Khmer.
Click here to read this press release in Bahasa Indonesia, Burmese, Khmer, or Thai.
Nov 9, 2020 | FoRB, RM, Statements
JAKARTA – Lawmakers from South East Asia today urged the UN to act on a devastating report on atrocities against Rohingya in Myanmar and do everything it can to pave the way for justice for victims, ASEAN Parliamentarians for Human Rights (APHR) said today.
The UN-mandated Independent International Fact-Finding Mission (FFM) on Myanmar released its full report on 19 September, calling for the Myanmar military top brass to be investigated and prosecuted for crimes against humanity, war crimes and genocide. The UN Human Rights Council (HRC) is next week expected to vote on a resolution establishing an independent mechanism to document these crimes for future prosecutions.
“The report by the Fact-Finding Mission is as heart wrenching as it is necessary. It adds to the mounting body of evidence that the Myanmar security forces have committed the gravest of crimes – including possible genocide – against Rohingya people,” APHR Chair Charles Santiago, a member of the Malaysian Parliament.
“The world must now take concrete action to ensure these atrocities are never repeated. The UN Human Rights Council can do just that by establishing an international accountability mechanism. We urge all countries – including Southeast Asian states – to lend support to a resolution to this effect.”
The FFM’s report documents in detail a catalogue of rights violations by the Myanmar security forces during its “clearance operation” in Rakhine State from 25 August 2017, including killings, burnings of villages and sexual violence on a “shocking scale”. It also concludes that the Tatmadaw, the Myanmar military, should be investigated and prosecuted for war crimes in Shan and Kachin States.
The FFM recommended that either the HRC or the UN General Assembly should create an international, independent, impartial mechanism, tasked with gathering evidence with a view to support future criminal prosecutions. Next week, the HRC in Geneva is expected to vote on a resolution establishing such a mechanism.
ASEAN Parliamentarians have already urged members of the UN Security Council to refer the situation in Myanmar to the International Criminal Court – the only way to guarantee a comprehensive investigation by the Court covering all crimes by the Tatmadaw across the whole of the country.
“With atrocity crimes unfolding in their backyard, ASEAN states simply no longer have the option to remain silent. Countries in the region must condemn Myanmar’s atrocities in a united voice, and push Members of the Security Council to refer the situation there to the ICC,” said Charles Santiago.
