UN member states should act to pressure Myanmar to end crimes against humanity

UN member states should act to pressure Myanmar to end crimes against humanity

We, a global coalition of 88 civil society organizations, urgently call upon UN member states to take immediate steps to address the human rights abuses and humanitarian catastrophe engulfing Myanmar’s ethnic Rohingya population. UN Secretary-General Antonio Guterres and UN High Commissioner for Human Rights Zeid Ra’ad al Hussein have described the Myanmar security forces’ ongoing campaign against the Rohingya in northern Rakhine State as ethnic cleansing. As more evidence emerges, it is clear that the atrocities committed by Myanmar state security forces amount to crimes against humanity. The United Nations and its member states need to take urgent action.

We urge UN delegations, especially those from the 114 countries committed to the Accountability, Coherence and Transparency (ACT) Code of Conduct, who made a pledge to support “timely and decisive action” to prevent or end the commission of genocide, crimes against humanity, and war crimes, to immediately undertake efforts to adopt a resolution in the UN General Assembly addressing the situation, and call upon the UN Security Council to consider measures to be imposed on the Myanmar government.

Over 400,000 Rohingya have fled across the border into Bangladesh since August 25, when Myanmar security forces launched operations in response to coordinated attacks by the Arakan Rohingya Salvation Army (ARSA) in Rakhine State. These operations, involving widespread killing, laying of landmines, looting, and arson targeting the Rohingya, have resulted in the mass destruction of more than 200 villages, according to satellite imagery and eyewitness testimony. Tens of thousands of people from other ethnic minorities have also been displaced as a result of the violence.

Strong condemnations by the UN and world leaders have not brought an end to Myanmar’s atrocities. In his opening statement to the Human Rights Council on September 11, al Hussein noted that in 2016 he “warned that the pattern of gross violations of the human rights of the Rohingya suggested a widespread or systematic attack against the community, possibly amounting to crimes against humanity.” Civil society organizations have warned that the campaign of Myanmar’s security forces against the Rohingya since August 25 amounts to crimes against humanity. It is crucial for UN members to take concrete action and place direct pressure on Myanmar’s military and civilian leaders.

The European Union, until recently, was the chief sponsor of an annual resolution on human rights in Myanmar at the General Assembly. Last year, the EU decided to stop the effort even in the midst of government violence against the Rohingya beginning in October 2016. Now, we urge members of the EU to work with the Organization of Islamic Cooperation, and the Association of Southeast Asian Nations, as well as other concerned states to jointly revive this resolution as a means of pursuing decisive action by the General Assembly in response to the gravity of the ongoing situation in Rakhine State and the evolving human rights and humanitarian crisis.

A General Assembly resolution should demand an immediate end to the abuses, that humanitarian aid agencies have immediate and unhindered access to populations in need, and for the UN Fact-Finding Mission authorized by the Human Rights Council in Geneva to be allowed unfettered access into and within Myanmar to investigate alleged human rights abuses across the country. It should also demand that the Myanmar authorities commit to ensuring that all Rohingya and other refugees and displaced people are able to return to their places of origin safely, voluntarily, and with dignity, and to dismantling the institutional discrimination and segregation of Rohingya and other Muslims in Rakhine State that forms the backdrop to the current crisis. The resolution should also urge member states and the Security Council to explore possible avenues to bring perpetrators of crimes under international law to justice.

We also urge members of the Security Council to add to the pressure on Myanmar authorities by seriously considering options such as an arms embargo against the military and targeted financial sanctions against individuals responsible for crimes and serious abuses.

All concerned UN member states should also consider bilateral, multilateral, and regional actions they can take to place added pressure on the Myanmar government. In particular, we call on all states to immediately suspend military assistance and cooperation with Myanmar.

If governments, UN officials and diplomats simply hold meetings and make speeches as atrocities continue in Myanmar, they bear the risk of failing to use every diplomatic tool at their disposal to stop the ethnic cleansing campaign and further crimes against humanity. In the face of mass destruction, killings and hundreds of thousands displaced, inaction should not be an option.

Signatories:

AFL-CIO

American Jewish World Service

Amnesty International

ASEAN Parliamentarians for Human Rights (APHR)

Asia Pacific Refugee Rights Network (APRRN

Asociación Pro Derechos Humano – Peru (APRODEH)

Asylum Access

Avaaz

Burma Campaign UK

Burma Human Rights Network (BHRN)

Burma Task Force

Burmese Rohingya Organisation UK

Canadian Centre for the Responsibility to Protect

Center for Civilians in Conflict

Center for Development of International Law

Christian Solidarity Worldwide

Coalition for Justice and Accountability (COJA)

Coalition for the Rights of Refugees and Stateless Persons (CRSP)

Council for Humanitarian Networking of Sheikul Islam Office

CREDO Action

Cross Cultural Foundation (CRCF)

Development and Justice Initiative, India

Equal Rights Trust

Fortify Rights

Foundation for Rural Development (FRD)

Front Mahasiswa

Genocide Watch

Global Centre for the Responsibility to Protect (GCR2P)

Global Progressive Hub

Human Rights and Development Foundation (HRDF)

Human Rights Now

Human Rights Watch

Indonesia Legal Aid Foundation (YLBHI)

Institute for Asian Democracy

Institute on Statelessness and Inclusion

International Campaign for the Rohingya

International Coalition for the Responsibility to Protect

International Detention Coalition

International Federation for Human Rights (FIDH)

International Justice Project

International Organization for Victim Assistance

International State Crime Initiative

Islamic Society of North America (ISNA)

Jewish Alliance of Concern Over Burma

Jewish Council for Public Affairs

Jiyan Foundation for Human Rights

Justice Centre Hong Kong

Maryknoll Office for Global Concerns

Migrant 88

Migrant Working Group (MWG)

Minority Rights Group International

Montreal Institute for Genocide and Human Rights Studies

National Council of Churches

National Religious Campaign Against Torture

Odhikar

Pan African Lawyers Union’s (PALU)

Partners Relief & Development

Pemuda Anti Kekerasan Acheh

Persatuan Darul Fitrah Terengganu

Persatuan Ulama Kedah

Physicians for Human Rights

Presbyterian Church (USA)

Progressive Voice Myanmar

PROHAM (Society for the Promotion of Human Rights Malaysia)

Refugees International

Religious Action Center of Reform Judaism

Restless Beings

SANRIM

SHARP-Pakistan

Society for Rights of Indigenous People of Sarawak

Society for Threatened Peoples-Germany

STAND Canada

STAND: The Student-Led Movement to End Mass Atrocities

Suaka Indonesia

Swedish Burma Committee

The Arakan Project

The Episcopal Church

The Jacob Blaustein Institute for the Advancement of Human Rights

The Stanley Foundation

Ummatee

Union for Reform Judaism

Unitarian Universalist Service Committee

United Nations Association – UK

US Campaign for Burma

Win Without War

World Federalist Movement – Canada

World Federalist Movement-Institute for Global Policy

Yateem TV

Joint Letter to UN Human Rights Council on Rakhine State

To: Member and Observer states of the UN Human Rights Council

Open Letter

Subject: Urgent action needed on Myanmar

Dear Excellencies

We write to you regarding the deeply concerning situation in Myanmar, particularly in Rakhine State. Reports estimate that more than 270,000 Rohingyas have fled to Bangladesh following the outbreak of violence two weeks ago, and this figure is expected to significantly increase. Thousands of non-Muslim residents have also been internally displaced. Reports have also emerged of entire villages being burnt and hundreds killed. On 31 August, three UN Special Rapporteurs expressed concern citing credible reports of death to villagers resulting from security force attacks, and the use of helicopters and rocket propelled grenades on the population. On 5 September, speaking to reporters, the UN Secretary General warned of a risk of ethnic cleansing. Access to northern Rakhine State has been denied to independent observers and humanitarian aid agencies while media has been tightly controlled – leaving the territory under a virtual information blackout and exacerbating a humanitarian catastrophe. We call on the UN Human Rights Council to urgently act – by passing a resolution on Myanmar calling for an end to abuses against the population and ensuring immediate humanitarian access.

The UN Human Rights Council established a Fact-Finding Mission on Myanmar (FFM) at its 34th session in March this year, following reports of alarming human rights violations in Rakhine State beginning in October last year. In February 2017, a report by the Office of the UN High Commissioner for Human Rights (OHCHR) and statements by the UN Special Rapporteur on Myanmar referred to reports of egregious violations targeting the Rohingya minority at the end of 2016 and the beginning of 2017 – including the deliberate killing of children, the burning of homes with people inside them, rape, and sexual violence. The OHCHR report concluded that reports indicate the very likely commission of crimes against humanity. Military operations conducted during this period bear a close semblance to current operations which involve mass exodus of Rohingya fleeing violence, multiple reports of civilian deaths, and egregious violations under an information blackout, without independent access to observers or journalists.

The current bout of violence began following reports of coordinated attacks on police posts by the Arakan Rohingya Salvation Army (ARSA), an armed militant organisation, on 25 August – after which the Myanmar military launched a massive response. Weeks before the current outbreak of violence, on 11 August, the UN Special Rapporteur on Myanmar expressed concern on increasing military build-up in Rakhine State. The violence broke out immediately following the release of a report by an international commission headed by the former UN Secretary-General Kofi Annan, which called for reforms to address wide-ranging forms of discrimination faced by the Rohingya community. On 29 August, the UN High Commissioner for Human Rights cautioned all sides on fuelling further violence and called on the government leadership to condemn the inflammatory rhetoric and incitement to hatred that is proliferating. He further expressed concerns on unsupported government allegations that international aid organizations were complicit in or supporting attacks, as this places aid workers in danger and may make it impossible for them to deliver essential aid.

Myanmar has so far failed to restore full humanitarian access following the preceding period of violence that began in October 2016. The Myanmar government has hitherto been reluctant to cooperate with the FFM and has denied allegations relating to violations of international human rights law and humanitarian law. The government has also refused to reform discriminatory laws that affect the Rohingya community and deny them full citizenship rights, leaving the community in a vulnerable situation.

It is imperative for the UN Human Rights Council to urgently address the escalating situation in Myanmar through a resolution at the upcoming 36th session of the UN Human Rights Council. The establishment of the FFM was considerably delayed for technical reasons. The lack of access to the country by independent investigators as well as the current outbreak of violence have further increased the magnitude of the body’s work ahead of its March 2018 reporting deadline. In this context, the Council should pass a resolution on Myanmar which:

  1. Extends the time available for the FFM beyond March;
  2. Makes provision for the FFM to provide a preliminary report to the UN General Assembly in September 2017 and a final report to the UN Human Rights Council and the General Assembly in 2018;
  3. Calls on Myanmar to urgently grant full access to the FFM;
  4. Emphasises the responsibility of Myanmar to prevent and seek accountability for any retaliation or reprisal against individuals for engaging with the FFM;
  5. Expresses grave concern over recent allegations of violations and calls for an immediate end to attacks on the civilian population; and
  6. Urges full access for humanitarian aid and independent observers.

Please accept the assurance of our highest consideration.

  1. ALTSEAN-Burma (Alternative ASEAN Network on Burma)
  2. ASEAN Parliamentarians for Human Rights (APHR)
  3. Asian Forum for Human Rights and Development (FORUM-ASIA)
  4. Asian Legal Resource Center (ALRC)
  5. Association of Women for Awareness & Motivation (AWAM)
  6. Awaz Foundation Pakistan – Centre for Development Services (AwazCDS-Pakistan)
  7. Burma Campaign UK
  8. Bytes for All, Pakistan (B4A)
  9. Cairo Institute for Human Rights Studies
  10. Centre for Human Rights, University of Pretoria
  11. Christian Solidarity Worldwide (CSW)
  12. CIVICUS: World Alliance for Citizen Participation
  13. Civil Rights Defenders
  14. Commission for the Disappeared and Victims of Violence (kontraS)
  15. Commonwealth Human Rights Initiative
  16. Conectas Direitos Humanos
  17. Defend Defenders (the East and Horn of Africa Human Rights Defenders Project)
  18. Egyptian Initiative for Personal Rights
  19. FIDH – International Federation for Human Rights
  20. Fortify Rights
  21. Global Centre for the Responsibility to Protect
  22. Human Rights Watch
  23. Human Rights Working Group (HRWG)
  24. INFORM Human Rights Documentation Centre
  25. Informal Sector Service Center (INSEC)
  26. International Service for Human Rights (ISHR)
  27. Judicial System Monitoring Program (JSMP)
  28. Korean House for International Solidarity (KHIS)
  29. Madaripur Legal Aid Association
  30. National Commission for Justice and Peace, Pakistan
  31. Odhikar
  32. Partnership for Justice
  33. People‘s Empowerment Foundation, Thailand
  34. People‘s Vigilance Committee on Human Rights (PVCHR)
  35. People’s Watch
  36. PILIPINA Legal Resources Center (PLRC)
  37. Pusat KOMAS
  38. Refugee and Migratory Movements Research Unit
  39. Safeguard Defenders
  40. South India Cell for Human Rights Education and Monitoring (SICHREM)
  41. Suara Rakyat Malaysia (SUARAM)
  42. Think Centre
  43. Unitarian Universalist Service Committee

Click here for a pdf version of this letter.

APHR: International investigation still needed to address alleged atrocities in Myanmar’s Rakhine State

APHR: International investigation still needed to address alleged atrocities in Myanmar’s Rakhine State

JAKARTA, 18 February 2017 — ASEAN Parliamentarians for Human Rights (APHR) today welcomed reports that the Myanmar military had halted its brutal counterinsurgency campaign in northern Rakhine State, but stressed that an independent inquiry is still needed to investigate alleged atrocities in the context of its operations.

“Declaring an end to the crackdown does not absolve the Myanmar government of its responsibility to protect its people and ensure that they are not subjected to abuse. We’re talking about possible crimes against humanity here. This is not business as usual in ASEAN,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.

On 15 February, Myanmar’s newly-appointed National Security Advisor, Thaung Tun, announced that the Myanmar military had ended its to so-called “clearance operations” in northern Rakhine State, which were launched over four months ago in response to a 9 October attack on police outposts there.

“The regional and international pressure that led to this outcome must be sustained,” Santiago said. “Our job is not done. We must ensure that there is no impunity for rights violations. This task demands a credible, independent investigation—one which Myanmar authorities have thus far demonstrated they are unwilling or unable to carry out.”

A 3 February report by the UN Office of the High Commissioner for Human Rights (OHCHR) asserted a high likelihood that crimes against humanity and possibly ethnic cleansing were taking place in Rakhine State. Based on interviews with around 200 of the nearly 70,000 Rohingya refugees in Bangladesh, who fled their homes in Rakhine State since the start of the crackdown, the report documented devastating accounts of killing, torture, and sexual violence.

“The UN’s exhaustive first-hand reporting further corroborates the claims human rights organizations and independent media have been making for months: possible ethnic cleansing and crimes against humanity. These are serious, credible allegations, and the stakes are enormous. They further confirm the need for a thorough, independent investigation. And international assistance in this process is vital, as the Myanmar government has consistently demonstrated its inability to act alone,” Santiago said.

“The Myanmar government’s repeated denials of rights violations demonstrate that Naypyitaw has no interest in resolving the situation or addressing underlying issues. The fact that security forces have been tasked with investigating themselves and rooting out abusers in their own ranks speaks for itself. There isn’t even a half-hearted attempt at impartiality or independence.”

On 14 February, members of the Myanmar government’s Rakhine Investigation Commission, headed by Vice President and former army general Myint Swe, flatly rejected allegations by the United Nations of grave rights violations. These comments echoed previous statements and reports from the Commission, as well as from other government bodies. In recent days, the military and police have also set up separate teams to investigate allegations of human rights abuses by their own members.

APHR urged regional governments to assume a larger role in pressing Myanmar to address rights concerns. MPs also supported calls for further UN action, including the formation of a commission of inquiry, following the release of the 3 February report.

Parliamentarians called on ASEAN governments to support such an investigation and push for improvements in conditions for Rohingya, arguing that the Myanmar government’s actions in Rakhine State have a direct impact on other member states and the region as a whole.

“ASEAN governments need to work together to resolve this situation before it’s too late. That doesn’t mean playing the usual ASEAN game. It means stepping up and pushing for change,” Santiago said.

“It is disappointing to hear some ASEAN leaders lament the ‘internationalization’ of this issue. This is undeniably a regional issue—not an internal affair—and it demands a regional response.”

Click here to read this statement in Burmese.

Regional MPs join with international rights groups to call for UN investigation into Rakhine State abuses

Regional MPs join with international rights groups to call for UN investigation into Rakhine State abuses

GENEVA — Southeast Asian parliamentarians have lent their support to a public call for the UN Human Rights Council to establish a Commission of Inquiry or similar international mechanism to investigate allegations of serious human rights violations in Myanmar’s Rakhine State. ASEAN Parliamentarians for Human Rights (APHR) was one of 13 signatories to a letter sent to permanent representatives of the Council’s member and observer states on Friday, urging them to support such a move.

The letter, which was also signed by regional and international rights groups, follows months of calls by APHR and others for an independent investigation into alleged atrocities in Rakhine State. It reiterates that inquiries launched by the Myanmar government into the conduct of security forces have failed to demonstrate genuine independence and are therefore insufficient to address the situation.

“The Myanmar government has proven itself incapable of properly investigating these allegations. It’s long past time for regional neighbors and the international community to step up,” said APHR Chairperson Charles Santiago, a member of the Malaysian Parliament.

“The possibility of ethnic cleansing and crimes against humanity must be taken seriously. They represent a black mark on ASEAN’s collective conscience, as well as that of the global community, and demand a rigorous, credible investigation. A Commission of Inquiry would be a step toward accountability and is a must if we are to have any hope of ending impunity for these kinds of violations.”

Since the start of so-called “clearance operations” by security forces in northern Rakhine State in early October, nearly 70,000 refugees — mainly Rohingya Muslims — have fled across the border into Bangladesh. Allegations of torture, extrajudicial killing, sexual violence, and other abuses have been documented, including in a 3 February UN report, which found strong evidence of crimes against humanity and possible ethnic cleansing. The situation has led top UN officials, including Special Rapporteur Yanghee Lee and High Commissioner for Human Rights Zeid Ra’ad Al Hussein, to call for the establishment of a Commission of Inquiry.

In today’s letter, APHR and co-signatories argue that there is “no credible or effective alternative to a Commission of Inquiry, or similar international mechanism, to address and begin the process of effectively finding and verifying the truth of what has happened, and ensuring justice and accountability for human rights violations and abuses committed.”

It comes days after the UN Human Rights Council began its 34th session on 27 February and just over two weeks since the Myanmar government declared an official end to military operations in northern Rakhine State.

Out of the ten ASEAN member states, two — Indonesia and the Philippines — are currently members of the UN Human Rights Council. APHR urged those governments, in particular, to support the call.

“These are issues that affect our entire region, and our responses will reflect our regional character,” Santiago said. “It is critical for ASEAN member states to recognize the urgency of this matter and not hide behind false invocations of ‘non-interference.’ Indonesia and the Philippines should be leading the charge in the Human Rights Council to launch this investigation.”

Click here to read the letter.

Click here to read this statement in Burmese.

ASEAN MPs: International community must stand for democracy in Thailand

ASEAN MPs: International community must stand for democracy in Thailand

JAKARTA – The international community must take a stand in support of democracy in Thailand and against the actions of coup leader and Thai Prime Minister, Gen. Prayuth Chan-ocha, ASEAN Parliamentarians for Human Rights (APHR) said today.

As Prayuth prepares to address the United Nations General Assembly tomorrow, APHR called on governments around the world to press for an immediate halt to human rights violations and a return to democratic civilian rule in Thailand.

“General Prayuth has increasingly demonstrated a flagrant disrespect for human rights, democratic norms, and Thailand’s international legal obligations,” said APHR Chairperson Charles Santiago, a member of parliament in Malaysia. “He should be greeted at the UN appropriately.”

Despite eloquent assurances to the international community, Thailand’s military rulers appear to have little intention to return the country to democratic civilian rule anytime soon, APHR said. The military-appointed legislature’s recent rejection of its own draft constitution, further delaying the timeline for elections, is the most recent evidence of this fact.

“Representatives of Thailand’s junta have been allowed to strut around the international arena as if they are the legitimate representatives of their people. A clear message must be sent to Prayuth and his ilk that prolonged military rule will not be tolerated,” Santiago added.

APHR warned that the international community’s failure to take serious measures to push for a return to democracy in Thailand is sending a dangerous signal to the rest of the region.

A delegation of MPs from Southeast Asia recently met with U.S. officials in Washington, DC, where they called on the U.S. government to halt its Cobra Gold military exercise, held annually in Thailand, until a democratic government is returned.

“Continued military-to-military cooperation sends the wrong message to the Thai junta, which has failed to heed calls from the international community to end its human rights violations,” Santiago said.

Since seizing power in a coup in May 2014, the Thai military has used a range of authoritarian measures to instill a climate of fear across the country, aiming to silence all dissent and close down political debate. The junta has banned public assemblies, arbitrarily detained hundreds of alleged dissidents, used military courts to lock up opposition members, and instituted severe media censorship.

Thailand’s democracy has been under threat for the past decade, as the country has struggled to grapple with a bitter political divide. Nevertheless, the future of democracy in Thailand today is perhaps at its grimmest point in several decades, APHR warned, calling for a concerted response from world leaders.