Joint Mission Statement “Inhumane Environment” in Rohingya Camp

Myebon Joint Mission Statement December 2013

The international community is deeply concerned by the dire humanitarian situation faced by internally displaced persons (IDPs) in Taung Paw camp in Myebon Township, Rakhine State and strongly urges the Union Government to ensure immediate, full, and unimpeded humanitarian access to those in need. The deteriorating living conditions in the camp have created an inhumane environment for camp residents.

The 752 families living in the camp for the past 14 months face very poor living conditions, including lack of safe drinking water, limited healthcare services, malnutrition, and restrictions on movement outside the camp.

The international community has received credible reports that local community members in Myebon town have harassed humanitarian staff and impeded access for humanitarian supplies to the people in need in Taung Paw camp. These actions are unacceptable. Many of us have recently traveled to Rakhine State to affirm the uncompromisable international principle of full and unimpeded humanitarian access to all those in need. Union-level and local officials alike have publicly vowed to enforce this principle without delay. Despite these promises, we have yet to see effective action. The international community urges authorities to ensure humanitarian access immediately and without further delay to allow aid to reach those in desperate need, and take immediate and firm action against responsible individuals, including those who seek to block humanitarian aid and intimidate, harass, or harm humanitarian workers.

Furthermore, the international community calls for increased security to allow camp residents to safely move in and out of the camp, in order to ensure their access to markets and livelihoods, and for international health workers to be allowed to spend the night in camps to increase healthcare access. Development assistance and inward investment to Rakhine State, for the benefit of all communities, will only come when situations like that in Myebon are adequately addressed. The international community remains ready to further cooperate with the Government in this issue of utmost importance.

Embassy of Switzerland
Embassy of the Republic of Turkey
Embassy of the United States of America
Delegation of the European Union

Rushanara Ali MP calls on the UK Government to put pressure on Burma to urgently address the humanitarian crisis facing the Rohingya ahead of President Thein Sein’s visit to the UK

Friday, July 12, 2013  

For immediate release

As President Thein Sein of Burma prepares for his upcoming visit to London, Rushanara Ali MP, Shadow Minister for International Development, has called on the UK Government to exert pressure on the Burmese authorities to address the humanitarian crisis in Burma and put human rights at the heart of their reform process. She said:

“While it is right to acknowledge the progress towards political and economic reform that has been made in Burma since President Thein Sein took office, it is also right to express our deep concerns about the humanitarian situation in Rakhine State and the ongoing human rights abuses against the Rohingya, the wider Muslim community and other minorities in Burma. The international community should not ignore the considerable work that the Government of Burma still needs to do.

“I welcome President Thein Sein’s pledge to end all forms of discrimination and ensure not only that inter-communal violence is brought to a halt, but that all perpetrators are brought to justice. However, it is crucial that the UK Government and the international community continue to press him to make real that commitment. There are growing concerns regarding the disparity between the President’s words and his actions as Burma’s human rights record remains poor.

“Since inter-communal violence first broke out last year, Rohingya Muslims have been forced into segregated settlements and their movements have been restricted, stripping them of their livelihoods and rendering them reliant on aid. Displaced people are living in constant fear of violence, abuse and harassment both from the security services and from fears of a further attack from sections of the Rakhine population.

“There can be no impunity for those committing human rights abuses in Burma. Human Rights Watch’s recent report “All we can do is pray” concluded that crimes against humanity and ethnic cleansing were being committed towards Burma’s Rohingya. Progress on ethnic reconciliation must remain the highest priority.

“Action is also urgently needed to address the mounting humanitarian crisis in the Rakhine State. Those in overcrowded displacement camps face multiple challenges and difficult or no access to basic humanitarian needs including healthcare, food and drinking water. They are also often the victims of violence and exploitation, and women in particular are especially vulnerable to sexual violence. For many in these camps, the only thing preventing an all out humanitarian disaster is the help and support provided by NGOs.

“President Thein Sein’s visit to London is a unique opportunity for Prime Minister David Cameron and Foreign Secretary William Hague to press him and his Government to address some of these key human rights issues. It is crucial that this state visit does not lead to complacency from either the British or the Burmese Government.”

Rushanara called on the UK Government to:

• Work with the international community to apply the strongest pressure on the Burmese authorities to facilitate immediate and unimpeded humanitarian access to affected areas and continue to support those living in displacement camps, in Rakhine State and also in other areas of major displacement, such as Kachin State.
• Exert pressure on the Government of Burma to make urgent shelter arrangements during the rainy season and make healthcare and sanitation urgent priorities.
• Continue to press for democratic reforms and complete respect for human rights in Burma and address the culture of marginalisation and discrimination of the Rohingya community by reviewing and restoring their citizenship rights where appropriate.
• Encourage the Burmese authorities to support a safe and voluntary return process for the Rohingya with adequate protection.
• Exert pressure on our international counterparts for an international inquiry into the events of June and October 2012 and March 2013.

Response Needed To Revival Of Order On Rohingya Muslims

June 1, 2013
Press Release: United Nations Human Rights Commissioner

Myanmar: UN expert urges Government to act on local regulations targeting Rohingya Muslims in Rakhine State

GENEVA (31 May 2013) – The United Nations Special Rapporteur on the human rights situation in Myanmar, Tomás Ojea Quintana, today said that the Government must respond unambiguously to the revival of a local order limiting the number of children that Rohingya Muslims can have to two. Contraventions can result in fines and prison sentences under section 188 of the Myanmar Penal Code.

“This local order in the Northern Rakhine State townships of Buthidaung and Maungdaw is a clear-cut human rights violation targeting a particular ethnic and religious group,” Mr. Ojea Quintana said. “The Central Government must provide an unequivocal response.”

The Convention on the Elimination of All Forms of Discrimination against Women, which Myanmar has ratified together with the Convention on the Rights of the Child, obliges state parties to respect and protect the right of women and men ‘to decide freely and responsibly on the number and spacing of their children and to have access to the information, education and means to enable them to exercise these rights.’ Also, the UN Committee on the Rights of the Child has called on the Government not to restrict the number of children of Rohingya people.

“Not only is the local order a violation of Myanmar’s international human rights obligations and commitments, it also goes against the recommendations of the Investigation Commission set up by the President last August, which urged the Government to refrain from implementing non-voluntary family planning measures that may be seen as discriminatory or that would be inconsistent with human rights standards,” the expert said.

“It is the role of the state to provide information to the public on family planning and to provide contraception and other reproductive health services to women and men throughout Myanmar,” Mr. Ojea Quintana said. “It is not the role of the state to introduce discriminatory and coercive measures such as these.”

The Special Rapporteur went on to emphasise that the Government had an obligation to review and revoke all orders which violate international human rights standards: “This local order is one of many that have been introduced by local Rakhine State authorities that violate the basic human rights of Rohingya Muslims, including with regard to freedom of movement, marriage, and registration of new-born children.”

“These orders provide further ammunition to local authorities, including the border security force Nasaka, to discriminate against and persecute the most vulnerable and marginalised group in Myanmar. They also enable local authorities to threaten and bribe the Rohingya Muslims, who have no recourse of action available, forming the basis of what amounts to an extortion racket,” the expert warned, noting that the vast majority of the 800,000 Rohingya Muslims are without citizenship and are stateless, making them extremely vulnerable to human rights violations.

The Special Rapporteur* has previously highlighted that the discrimination and marginalisation of the Rohingya Muslims in Myanmar is one of the underlying causes of the communal violence that erupted in Rakhine State last year and is fuelling the spread of anti-Muslim violence across the country, including this week in Lashio (Shan State) and in Meikhtila (Mandalay Region) last March.

“Only by addressing this discrimination against religious and ethnic minorities can the Government of Myanmar hope forge integrated communities that live together in equality, peace and harmony,” he underscored.

Suu Kyi denounces two-child limit on Myanmar Rohingya families

Monday 27 May 2013

YANGON (Reuters) - Myanmar opposition leader and pro-democracy champion Aung San Suu Kyi condemned on Monday a policy by a district government to limit Muslim Rohingya families to two children in an effort to curb their population growth.

The two-child policy dates back to 1994, but it does not appear to have been enforced until recent weeks.

"They shouldn't discriminate. This is against human rights," Suu Kyi told journalists.

An estimated 800,000 Rohingya live in Rakhine State in the west of Myanmar. Many of the Buddhist majority in the country consider them illegal immigrants from Bangladesh and the government refuses to grant them citizenship.

Nobel Peace Prize-winner Suu Kyi has been heavily criticized for not speaking up for their rights, even after clashes with Rakhine State Buddhists last year in which at least 192 people were killed and 140,000 made homeless.

Most of the victims were Rohingya and many remain in camps they are not allowed to leave.

The Arakan Project, an organization that lobbies for the rights of Rohingya, said in a 2012 report the two-child policy was not enforced after it was introduced 19 years ago.

A commission appointed to look into last year's violence recommended in an April 29 report that if the government went ahead with a proposed family planning program, it should "refrain from implementing non-voluntary measures which may be seen as discriminatory or that would be inconsistent with human rights standards".

A senior immigration official, using the term "Bengali" for Rohingya that is widely used by Buddhists, said authorities in Maungdaw District had decided to enforce the directive "following the recommendations in the report".

"Under this directive, Bengali men are allowed to have only one wife and each married couple can have two children. Where there are more than two children, they are considered illegal," he said, asking not to be identified as he is not authorized to speak to the media.

"As far as I know, there are also plans, according to the recommendations, to encourage Muslim women to go to school and to educate them on the benefits of restricting family size."

One government policy that is enforced requires that Rohingya get official permission to marry. Their access to education and employment is limited.

Nyan Win, a spokesman for Suu Kyi's National League for Democracy party, told Reuters this month that the government should amend a 1982 law that bars Rohingya from citizenship.

"If they have the right to be citizens, most of the problems will be solved," he said.

Nyan Win said the law should be amended even if that was opposed by Rakhine Buddhists.

"The Rakhine people have no real solution," he said. "They want to kick out all the Bengali. It's not possible."

Rohingya two-child rule ‘discrimination’: Suu Kyi

May 27, 203

Burma’s Aung San Suu Kyi Monday criticised a ban on Rohingya having more than two children in strife-torn Arakan state as counter to human rights, in rare comments on the plight of the Muslim group.

The opposition leader, who has been accused by activists of failing to speak up for the marginalised Rohingya, said she opposed the controversial rule, imposed by the previous junta and reaffirmed recently by local authorities in the wake of deadly unrest.

“It is not good to have such discrimination. And it is not in line with human rights either,” the veteran democracy activist told reporters in Rangoon, adding she could not confirm whether the policy was being implemented.

Remarks by President Obama and President Thein Sein of Myanmar After Bilateral Meeting

 21 May 2013 - 3:30 P.M. EDT

PRESIDENT OBAMA:  I want to welcome President Thein Sein to the United States of America and to the Oval Office.

Last year, I was proud to make a historic visit to Myanmar as the first U.S. President ever to visit that country.  And now President Sein is able to return the favor by making a visit to the United States, and my understanding is that this is the first visit by a leader of Myanmar in almost 50 years.

Obviously, during this period in between there have been significant bilateral tensions between our countries.  But what has allowed this shift in relations is the leadership that President Sein has shown in moving Myanmar down a path of both political and economic reform.

Over the last two years, we’ve seen a steady process in which political prisoners, including Aung San Suu Kyi, have been released and have been incorporated into the political process.

We’ve seen credible elections and a legislature that is continuing to make strides in the direction of more inclusivity and greater representation of all the various groups within Myanmar. 

President Sein has also made genuine efforts to resolve longstanding ethnic conflicts within the country, and has recognized the need to establish laws that respect the rights of the people of Myanmar.

As a consequence of these changes in policy inside of Myanmar, the United States has been able to relax sanctions that had been placed on Myanmar, and many countries around the world have followed suit.

And this has also allowed the United States and other countries and international institutions to participate in engagement with the Myanmar government about how we can be helpful in spurring economic development that is broad-based and that produces concrete results for the people of Myanmar.  And that includes the prospect of increasing trade and investment in Myanmar, which can produce jobs and higher standards of living. 

But as President Sein is the first to admit, this is a long journey and there is still much work to be done.  And during our discussions, President Sein shared with me the fact -- the manner in which he intends to continue to move forward on releasing more political prisoners; making sure that the government of Myanmar institutionalizes some of the political reforms that have already taken place; how rule of law is codified so that it continues into the future; and the process whereby these ethnic conflicts that have existed are resolved not simply by a ceasefire but an actual incorporation of all these communities into the political process.

I also shared with President Sein our deep concern about communal violence that has been directed at Muslim communities inside of Myanmar.  The displacement of people, the violence directed towards them needs to stop, and we are prepared to work in any ways that we can with both the government of Myanmar and the international community to assure that people are getting the help that they need but, more importantly, that their rights and their dignity is recognized over the long term.

As I indicated to President Sein, countries that are successful are countries that tap into the talents of all people and respect the rights of all people.  And I’m confident that if Myanmar follows that recipe, that it will be not only a successful democracy but also a thriving economy.

We also discussed some very concrete projects that we’ve already initiated.  For example, USAID is already working to evaluate how we can improve agricultural productivity in Myanmar that can benefit farmers, increase incomes, and improve standards of living in a largely agricultural country.

And we’re also working, for example, on projects like improving the road that currently exists between Rangoon and Mandalay.

Finally, I want to thank President Sein for his participation in ASEAN and the East Asia Summit in which the United States is actively engaged in, all the countries in Southeast Asia, as part of our broader refocusing on the Asia Pacific region -- a region of enormous growth and potential with which we want to continue to strengthen our bonds.

So, Mr. President, welcome to the United States of America.  We very much appreciate your efforts and leadership in leading Myanmar in a new direction, and we want you to know that the United States will make every effort to assist you on what I know is a long, and sometimes difficult, but ultimately correct path to follow.

PRESIDENT SEIN:  (As interpreted.)  I would like to express my sincere thanks to President Obama for inviting me to come to the United States.  Indeed, this is my very first visit to Washington, D.C., as well as to the White House. 

And I am also very pleased to have this opportunity to discuss about the democratization process and reform process undertaken in my country.

Our two countries established diplomatic relations since 1947, a year before our independence.  And since then we have been able to enjoy -- historically, our two countries have enjoyed cordial relations, and there were also exchange of -- high-level exchange of visit between our two countries.

But I have to say that in the past there were difficulties in our bilateral relationship.  But now we are very pleased that our relations have been improved significantly, and I am very thankful that in 50 years I am repaying a visit to the United States at the invitation of President Obama.  And I am very grateful for extending an invitation to me to pay a visit to the United States.

Now that our country, Myanmar, has started to practice democratic system, so we can say that we have -- both our countries have similar political system in our two countries.

As you all know, our government is just -- our democratic government is just two years old.  And we have -- within the short period of two years, our government has carried out political and economic reforms in our country.  Because we are in a very nascent stage of democratic -- a democratic stage, we still need a lot of democratic experience and practices to be learned.  And we have seen successes.  At the same time, we have been encountering obstacle and challenges along our democratization process -- path.

The improvement in our relation is also in recognition -- U.S. government’s recognition of our democratization efforts and our genuine efforts for democratization process in our country.  And it is also due to -- thanks to President Obama’s reengagement policy to reengage with our country so that we have seen improvement in our bilateral relation within a short period of time.

Myanmar, being a developing country, and as we are undertaking changes of our democratization reforms, it is a daunting task ahead of us.  We encounter many challenges, such as the present -- our poverty rate in the country is quite high and we have very few job opportunity, and then as well as we have a -- we do not have much middle class in our country.  And then we -- our people needs to be all familiar with democratic practice, democratic norms and values. 

So we have a lot of challenges ahead of us, but we have to -- thanks to the U.S. government and the people support them for understanding that we will be able to encounter these challenges as we undertake the reform process in our country.

During my meeting with -- our discussion with President, as he has already elaborated, we discussed about the rule of law in our country; the strengthening of judicial bodies; the providing assistance so that our police and military force become professional forces.  And then to reiterate, we also discussed what related to the poverty alleviation for the rural people and farmers, agriculture, development, as well as how uplifting the health and education sectors of our countries. 

So we had a very fruitful discussion with President Obama, and then I must say that I am very pleased to have this opportunity to have a candid and frank discussion with President Obama.  And I believe that I have my visit to the United States is quite successful and meaningful.

So for democracy to flourish in our country, we will have to move forward and we will have to undertake reforms -- political reforms and economic reforms in the years ahead.  We will also have to -- we are trying our best with our own efforts to have political and economic reforms in our country.  But we will also need -- along this path, we will also need the assistance and understanding from the international community, including the United States. 

And what I want to say is that President Obama has frequently used the word “forward.”  And I will take this opportunity to reiterate that Myanmar and I will continue to take the forward -- move forward so that we will have -- we can build a new democratic state -- a new Myanmar, a new democratic state in our country. 

I thank you all.

Obama Should Press Visiting Burmese President to Keep Past Rights Pledges

Human Rights Watch
May 18, 2013

(Washington, DC) – The United States should use the upcoming visit by Burma’s president to ask tough questions about the slowing pace of human rights reforms and insist on implementation of past commitments, Human Rights Watch said today. President Barack Obama is hosting a visit to Washington, DC, by Burma’s president Thein Sein on May 20-21, 2013.

Six months after Obama’s visit to Burma, key pledges by the Burmese government remain unimplemented or unmet. With large numbers of political prisoners still not released, a May 17 release of about 19 political prisoners appeared to be more politically calculated than a genuine commitment to reform.

“The last year has seen devastating violence against minorities and a stalled reform process,” said John Sifton, Asia advocacy director. “President Obama should insist on steps to prevent further outbreaks of violence. He must also make it clear that there are consequences if the Burmese government fails to implement its previous human rights pledges.”

On November 18, 2012, just before Obama’s visit to Rangoon, Thein Sein issued a set of pledges on key reform issues, including promises to create a commission to review political prisoner cases, invite the United Nations High Commissioner for Human Rights to open offices in Burma, and “expedite its negotiations” with humanitarian organizations for access to conflict-affected areas.

Regarding violence against ethnic Rohingya and other Muslim communities in Burma’s western Arakan State, Thein Sein’s 2012 statement pledged the government would take “decisive action to prevent violent attacks against civilians,” hold perpetrators of abuses accountable, and “address contentious political dimensions, ranging from resettlement of displaced populations to granting of citizenship.”

Six months later, the Burmese government’s implementation of most of these pledges has faltered. No invitation has been issued to the United Nations High Commissioner for Human Rights, and negotiations for an agreement to set up an office have made no significant progress. Humanitarian aid organizations remain without full access to conflict areas in Kachin State, where a nearly two-year armed conflict between the Burmese army and Kachin rebels has displaced over 80,000 people, and in eastern Burma, where over 400,000 people are displaced from decades of civil war.

In February, the government formed a Political Prisoner Verification Committee comprising officials, members of Burmese civil society, and former prisoner groups, but the committee has only met three times.

The release of political prisoners on the eve of Thein Sein’s trip was done unilaterally by the president’s office – not through the committee. A political prisoner release in April was the result of a presidential amnesty, and the committee was not even informed in advance.

“Burma’s government still appears to be using political prisoner releases as a public relations tool, rather than to bring an end to politically motivated imprisonment,” Sifton said.

In Arakan State, over 140,000 Rohingya and other Muslims remain in closed displaced person camps, denied freedom of movement, without access to livelihoods, and lacking adequate shelter, humanitarian aid, and basic services. Anti-Muslim violence has continued, and there has been little accountability for local security forces implicated in crimes against humanity committed during a campaign of ethnic cleansing that began last year.

Obama and Thein Sein should acknowledge that persecution of minority Muslims threatens Burma’s reform process, and that the Burmese government should undertake diligent investigations of past violence and persecution. Thein Sein should also commit to major restructuring of border and police forces and an expedited plan for reintegration and reconciliation of displaced populations.

Human Rights Watch also called on Thein Sein to commit to amending Burma’s 1982 citizenship law to remove discriminatory provisions that effectively deny Rohingya and certain other ethnic groups the ability to obtain citizenship, even when their families have lived in Burma for generations.

Human Rights Watch urged Obama to comment publicly on the Burmese government’s lack of progress on the November pledges, and to press Thein Sein to ensure their implementation.

Both governments should acknowledge that the political reform process is incomplete, and that a key milestone of progress will be free and fair parliamentary elections in 2015, along with necessary amendments to the constitution to remove the Burmese military’s constitutional authority over civilian government. This includes removing the military’s authority to appoint 25 percent of the seats in the parliament, and to dismiss the parliament and president.

“There are negative consequences for rights when diplomatic rewards continue even as reforms stall,” Sifton said. “If the US keeps delivering carrots on the same schedule while Burma breaks its promises, Burma’s leaders will conclude that they are no longer under serious international pressure to follow through on reforms.”

Obama and US officials should also make it clear that support for the Burmese military is contingent on Burma meeting strict criteria of human rights improvement, including accountability for past abuses, and constitutional reforms to fully restore civilian rule.

“The reform process in Burma will ultimately require the military coming under civilian rule and formally and legally stepping aside from politics,” Sifton said. “The reform process by necessity involves the military relinquishing its powers, and both presidents should acknowledge this.”

http://bit.ly/19ISrji

(Photo: U.S. President Barack Obama sits alongside Myanmar's President Thein Sein in a US-Association of South East Asian Nations (ASEAN) meeting in Nusa Dua, Bali on November 18, 2011.
© 2011 Reuters )

Thein Sein Assures Muslims Protection of Basic Rights

Burmese President Thein Sein has assured minority Muslims rattled by a spate of attacks by Buddhist-led mobs that their fundamental rights will be protected.

"Our government will take the most practical ways to protect the basic rights of Muslims who have been here for a long time," Thein Sein said as he referred to Rakhine state, where deadly clashes between Muslim Rohingyas and ethnic Buddhist Rakhines occurred twice last year.

In the same breath, he said, the government "will never ignore the feelings and demands of the Rakhines."

Thein Sein's assurance came two weeks after the latest clashes between Muslims and Buddhists in Oakkan—a town located about 60 miles (100 kilometers) north of Rangoon—touched off after a Muslim woman bumped into a novice Buddhist monk, knocking over his alms bowl.

The clashes which erupted on April 30 left one dead and nearly a dozen injured before order was restored by police firing warning shots over the heads of mobs. Two mosques were partially destroyed and dozens of homes and shops were burnt to the ground.

A month earlier, at least 43 people were reported dead and thousands, mostly Muslims, driven from their homes and businesses after violence broke out in the central city of Meikhtila and spread to other areas north of Rangoon.

And last year, clashes in Rakhine state in June and October left at least 180 dead and tens of thousands homeless—mostly Rohingyas.

"Every citizen is allowed to practice whichever religion he chooses and everyone has to respect each other," he said. "And the government will protect the religious freedom of all."

Thein Sein said he had ordered security forces to adhere to the rule of law and carry out their duties "without any bias" in Rakhine and that he had also allowed foreign aid to be smoothly channeled into the state.

Rohingya MP slams Rakhine inquiry commission report as "unfair"

Shwe Maung, a Rohingya member of parliament from Rakhine state, objected to the commission’s terminology, saying that the word “Bengali” fails to reflect reality and people’s sense of their own identity.

“The report is unfair,” he said. “The usage and recommendations are similar to what Rakhine ethnic people have been demanding.”

Immigration officials have begun registering people in the state, as a first step on the road to citizenship. But the debate over terminology is hampering the process, which is already complicated by a lack of access to documents and a history of corruption.

On Friday, authorities registering people in a Muslim refugee camp as Bengali were blocked by a crowd demanding to be recognized as Rohingya. Police fired, injuring at least one person, a 15-year-old boy, according to Shwe Maung.

Rakhine state spokesman Win Myaing said the injury was an accident and that two people from the camp have been arrested for throwing stones at police.

The issue of citizenship is crucial. Kyaw Yin Hlaing, the commission’s secretary, said the government plans to eventually return Muslims deemed to be citizens to their original homes, if possible, but has yet to decide what to do with non-citizens.

Phil Robertson, deputy Asia director of Human Rights Watch, said the report “fails to address the need for accountability for ethnic cleansing and crimes against humanity that happened in last June and October.”

Doubling the number of security forces “without first ensuring implementation of reforms to end those forces’ impunity is a potential disaster,” he added.

Robertson said family planning initiatives could be problematic if they are not implemented carefully.

“It’s quite chilling to start talking about limiting births of one particular group,” he said. “Will coercive measures get taken on the ground even if the union government says people can take this voluntarily?”

Last week, Human Rights Watch issued the most comprehensive and detailed account yet of what happened in Rakhine state last year. The report accused authorities — including Buddhist monks, local politicians and government officials, and state security forces — of fomenting an organized campaign of “ethnic cleansing” against the Rohingya.


Associated Press writers Aye Aye Win in Yangon and Todd Pitman in Bangkok contributed to this report.

Source: http://wapo.st/11TxcZn

Myanmar / Rakhine Commission: “Positive starting point but Government must address impunity” – UN expert

GENEVA (1 May 2013) – The United Nations Special Rapporteur on the human rights situation in Myanmar, Tomás Ojea Quintana, today welcomed some forward thinking recommendations from the Rakhine Investigation Commission report. However, he expressed concerns over the lack of recommendations to address impunity and ensure investigations into credible allegations of widespread and systematic human rights violations targeting the Muslim community in Rakhine State.

“The Investigation Commission’s report contains many worthwhile recommendations, which I encourage the Government of Myanmar to implement,” Mr. Ojea Quintana said after reviewing the recommendations of the 27-member Investigation Commission set up last year by the Myanmar President to look into the violence between communities in Rakhine State that took place in June, and then subsequently in October.

“There are important recommendations on addressing the dire humanitarian situation in the Muslim camps for internally displaced people (IDP), including overcrowding, access to clean water and sanitation, the risk of disease, food security and child malnutrition, as well as on improving access to education and livelihoods,” he said.

“However,” the Special Rapporteur said, “in implementing them, I urge the authorities, as a matter of urgency, to ease the harsh and disproportionate restrictions on the freedom of movement of Muslim populations in the IDP camps and also in Muslim residential areas, such as Aung Mingala in Sittwe and across northern Rakhine State, while also providing adequate security.” In his latest report* to the Human Rights Council, the expert noted that the Taung Paw camp in Myebon felt more like a prison than an IDP camp.

“These restrictions on freedom of movement are greatly exacerbating the humanitarian situation, restricting access to food, healthcare, livelihoods and education,” he said. “Now we are at the beginning of May, and the harsh restrictions for Muslim populations remain firmly in place.”

The Special Rapporteur praised the reports’ recommendations on building communication, trust and understanding between different religious and ethnic communities in Rakhine State, including through community and interfaith dialogues, and through the use of public service broadcasting.

“The recommendation to establish a Task Force composed of moderate leaders from both communities is just the kind of mechanism that is needed to ensure systematic dialogue between communities, which could play an essential role in rebuilding trust and finding solutions at the local level,” the expert said. “Dr. Tun Aung is one such leader who I hope to see released from Sittwe Prison soon and appointed to this Task Force.”

In noting the recommendation that communities should continue to be separated while emotions remain high, Mr. Ojea Quintana expressed concern that the current policy of segregation will become a permanent arrangement, and stressed the need for the Government to plan for integrated communities as homes are rebuilt and people are resettled.

He was also encouraged by the report’s recommendations to address the issue of statelessness in Rakhine State, in accordance with international norms. However, the expert stressed that this would involve amending the 1982 Citizenship Act to ensure that all persons in Myanmar have equal access to citizenship and are not discriminated against on grounds of ethnicity:

“I have always said that discrimination against the Rohingya Muslims in Rakhine State is one of the underlying causes of the violent conflict between communities there. The statelessness of the 800,000 Rohingya population underlies their marginalisation and makes them particularly vulnerable to discrimination and human rights violations,” he stressed.

The expert welcomed the recommendation that the border security force, Nasaka, be reformed and should refrain from infringing on the rights of the general public. He recalled his earlier recommendation that this border security force’s operations should be suspended to introduce fundamental reforms in view of the large number of allegations his has received throughout his mandate of human rights violations committed by Nasaka.

Mr. Ojea Quintana was also encouraged that the recommendations highlighted the importance of the police, military and border security force (Nasaka) carrying out their duties in accordance with the law, particularly in view of the report’s recommendation that their presence in Rakhine State should be doubled. However, the expert remains concerned about how accountability will be ensured in practice, in view of the impunity for the human rights violations that continue to occur in Rakhine State.

“I have received credible allegations that widespread and systematic human rights violations by state officials targeted against the Rohingya and wider Muslim populations have occurred and are continuing in Rakhine State. These involve the most serious of allegations, including extrajudicial killings, rape and sexual violence, arbitrary detention and torture and ill-treatment in detention, deaths in detention, and denial of due process and fair trial rights,” said the Special Rapporteur.

“The Government has an obligation under international law to investigate these allegations effectively, promptly, thoroughly and impartially and, where appropriate, to take action against those responsible, in accordance with domestic and international law,” he said. “This is an obligation that the Government cannot renege on.”

In addition to ensuring justice for the victims and their families, the Special Rapporteur stressed that investigating these allegations and holding to account those responsible will also be an integral part of restoring relations of trust and harmony between different ethnic and religious communities. He added that the recommended Truth-Finding Committee should play a role in providing the truth for victims and their families about the violations that have occurred and an understanding about why they occurred, but stressed that truth commissions are not substitutes for judicial accountability.

These are the Special Rapporteur’s observations based on the translation of the recommendations of the Rakhine Investigation Commission’s report.

Mr. Tomás Ojea Quintana (Argentina) was appointed by the United Nations Human Rights Council in May 2008. As Special Rapporteur, he is independent from any government or organization and serves in his individual capacity. Learn more, log on to: http://www2.ohchr.org/english/countries/mm/mandate/index.htm

(*) Report available at: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A.HRC.22.58_AUV.pdf
Myanmar Government response to report available at: http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session22/A.HRC.22.58.Add.1_AV.pdf

UN Human Rights, country page – Myanmar: http://www.ohchr.org/EN/countries/AsiaRegion/Pages/MMIndex.aspx

For more information and media requests, please contact Daniel Collinge (+41 789 113 398 / dcollinge@ohchr.org) or write to sr-myanmar@ohchr.org

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

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PRESS RELEASE - The European Rohingya Council (ERC)

ဥေရာပေရာက ္ရုိဟင္ဂ်ာမ်ား ေကာင္စီ

Bank| The European Rohingya Council| IBAN: NL85ABNA0469012072|BIC(SWIFT) Code: ABNANL2A

ERC Press Release on Burmese President Thein Sein’s Peace Award by ICG

The international Crisis Group (ICG) should have awarded the prize to a person who has unique

personality and actively worked towards a real democratic reforms and peace before awarding such a

prestigious prize.

The European Rohingya Council (ERC) strongly opposes the awarding of this prize to Thein Sein because

he does not deserve it as he has been tacitly approving the offensive against Kachin community and

committing human rights violation against Rohingya minority of Arakan State, Myanmar.

President Thein Sein’s government has organized a genocidal campaign against Rohingya ethnic minority

with his accomplices in security forces; Border Security Guard (Nasaka), Police, Hlun Tin (paramilitary),

army and Rakhine extremists. Since June, 2012 communal unrests has brutally killed thousands of

Rohingya have been killed, more than 1500 were sentenced to long term imprisonment without giving

due legal rights, hundreds of Rohingya women and minors were gang raped. Several villages were burnt

and wiped out from the map and more than 140,000 were forcibly displaced and now living under open

sky. Thein Sein is fully involved in this well-planned conspiracy of ethnic cleansing of Rohingya.

The European Rohingya Council (ERC) is calling on the international communities and rights groups to

strongly oppose the awarding of the Peace Prize to Thein Sein.

ERC would also refer the report realsed by Human Right Watch (HRW) on 22nd

April 2013 in the name of

“All You Can Do is Pray”, which can been read on this link: http://www.hrg.org/node/114882. This

report clearly shows how Thein Sein and his government perpetrated the atrocities against the helpless

Rohingya and Muslims minority in Myanmar.

ERC strongly believe that Thein Sein is a person who does not deserve a prize but he has to face the

justice for the crimes he has committed and still committing.

On behalf of ERC

Mohamed Ibrahim