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HINDQUARTERS: The Myanmar police have been committing massive offences against the Rohingya tribe since the so-called "evacuation operations" began in the state of Rakhine on August 25, 2017, among them the illegal murder of civilians, rapes and the cremation of at least 362 communities. More than 693,000 persons have escaped brutality, according to the UN refugee agency, raising the number of Rohingya returnees in Bangladesh to an estimate of 900,000.
Myanmar's military personnel started "evacuation operations" after the Arakan Rohingya Salvation Military assaulted a group of military bases and policemen. Yanghee Lee, the UN Special Rapporteur on the State of Myanmar's HRD, has declared that the Rohingya's targeted attack has the characteristics of genocidal activity.
" Zeid Ra'ad Al Hussein, the UN High Commissioner for Human Rights, also declared that "genocide" could have been perpetrated. In March, the UN Special Adviser on the Prevention of Crimes of Genocide, Adama Dieng, said that "the intention of the perpetrators" was to "destroy the Rohingya as such, which, if proved, would represent the offence of crimes of genocide.
" Myanmar seems to have made a conscious effort to hide proof of these horrors, inter alia by levelling bulk tombs and systematic clearance of the remnants of some Rohingya victims. Myanmar continues to impose restrictions or refuse to allow entry to North Rakhine State, also for the Fact Finding Mission mandated by the Human Rights Council (HRC) and Special Rapporteur Lee.
Rohingya, a pronounced Moslem majority of about one million persons, were prosecuted in a systematic manner by discriminating against them. Myanmar's Citizenship Act of 1982 made the majority of the country's citizens Stateless. Rohingya are also severely restricted in their mobility; since 2012, 120,000 Rohingya have been stored in warehouses.
Rohingya's prerogatives are further restricted by the so-called "Protection of Race and Religion" legislation, which severely restricts basic freedom of religion as well as reproduction and matrimonial prerogatives. Rakhine State Advisory Commission presented its closing statement to the Myanmar government on 24 August 2017. Under the leadership of former UN Secretary-General Kofi Annan, the Commission has made hands-on advice to tackle the causes of the Rakhine state dispute, in particular the 1982 reform of the Citizenship Act.
In March, the Army Commander-in-Chief, General Min Aung Hlaing, said that tension in the state of Rakhine "was fuelled by the Bengalese demand for citizenship". "In his reply, the UN Secretary-General called on" all Myanmar leadership to adopt a united stand against inciting hate. "Since the beginning of April, the Kachin Independence Army has driven out more than 8,000 refugees in Kachin State between Myanmar's army and an ethnically-minded group.
ANALYZE: Despite the democratic transformation, Myanmar's military force continues to represent an alien danger to the Rohingya people and other minority people. If discriminating legislation and policy is not lifted or changed, the Rohingya will remain at risk of further outrage. Rohingya's citizenship law of 1982 and the law for the protection of race and religion are designed to abolish Rohingya's right to live as an independent inter-nation.
Refusal of entry to the fact-finding missions and the UN Security Council Rapporteur is undermining the effort to conduct an independent investigation into Myanmar's horrors. Not only has the Myanmar administration clearly not accepted its responsibilities for the protection of the Rohingya, it is also responsible for the current committing of human rights violations and possibly acts of gender murder.
This declaration demanded the Rakhine Commission's recommendation and emphasized the "primary responsibilities of the Myanmar administration to safeguard its people". "From 28 April to 2 May, the UN Security Council paid a visit to Bangladesh and Myanmar. The European Union on 26 April prolonged its armistice on Myanmar for one year, banning the exports of goods and supplies "that could be used for domestic repression" and banning the provision of armed education and co-operation with the Myanmar Armed Forces.
The Canadian and United States authorities have both penalised Major General Maung Maung Soe, the Rakhine State Commandant. The Human Rights Council on 23 March prolonged the Special Rapporteur's term of office by one year and prolonged assistance to the fact-finding missions. The Chief Prosecutor of the International Criminal Court (ICC) asked on 9 April for a decision on whether the Court may exert competence for the supposed expulsion of Rohingya from Myanmar to Bangladesh.
" Myanmar is not a state signatory to the Rome Statute of the ICC, but Bangladesh is. The Myanmar Armed Forces were listed on an annually basis by the UN Secretary-General's March 23rd UN General Statement on Conflict-Related Gender Based Gender Prevention on a credible suspicion of having committed or being held accountable for rapes or other types of it.
" REQUIRABLE ACTION: The UN Security Council should call for immediate and immediate entry of impartial investigation into the State of Rakhine, involving Special Rapporteur Lee and members of the fact-finding missions. It is imperative that the UN Security Council immediately bring the Rakhine case before the ICC. It is also appropriate for the UN Security Council to introduce an arms embargo and specific penalties against all high-ranking army officials responsible for the horrors perpetrated in Rakhine State, as well as General Min Aung Hlaing.
Certain national and local governmental organisations should abandon all co-operation and education programmes with Myanmar's armed forces. The state of Rakhine should be closely monitored in all aspects of the country's global trading and developing programmes. Myanmar's authorities must show evidence of the Rakhine Commission's compliance with its Recommendation. It is also necessary for the authorities to abolish or change all legislation that discriminates against Rohingya in a systematic manner, such as the 1982 Law on the Protection of Race and Religion and the Citizenship Act.
Myanmar's leaders must take the next step in developing a more integrative societies in which the basic principles of all Myanmar's different communities, regardless of their religions or ethnicities, are upheld. For Rohingya to be repatriated in accordance with the 1951 Refugee Convention and the non-return policy, it is important that any refugee return proposal should be on a purely optional outbreak.
Since the March 2012 edition, Myanmar has been represented in R2P Monitor.