Myanmar’s top military generals, including Commander-in-Chief
Senior-General Min Aung Hlaing, must be investigated and prosecuted for
genocide in the north of Rakhine State, as well as for crimes against
humanity and war crimes in Rakhine, Kachin and Shan States, ...
“The State
Counsellor, Daw Aung San Suu Kyi, has not used her de facto position as
Head of Government, nor her moral authority, to stem or prevent the
unfolding events in Rakhine State,”
The poignant testimony of one survivor laid bare
the monstrous extent of sexual violence:
“I was lucky, I was only raped by three men,” she said.
Rapes were often in public spaces in front of families, including
children.
The report of the United Nations Independent International Fact-Finding Mission on Myanmar released on 24 August 2018 confirms Malaysia’s worst fear that the crimes perpetrated against the Rohingya people in Myanmar since 25 August 2017 bear a resemblance to the acts of genocide...Bring the condemned perpetrators to justice. Let the Rohingyas return to peace and a life of dignity.-Saifuddin Abdullah
STATEMENT
BY Y.B. DATO’ SAIFUDDIN ABDULLAH, FOREIGN MINISTER OF MALAYSIA ON THE
REPORT OF THE UNITED NATIONS INDEPENDENT INTERNATIONAL FACT-FINDING
MISSION ON MYANMAR
1. The
report of the United Nations Independent International Fact-Finding
Mission on Myanmar released on 24 August 2018 confirms Malaysia’s worst
fear that the crimes perpetrated against the Rohingya people in Myanmar
since 25 August 2017 bear a resemblance to the acts of genocides
committed in the past that have marred the history of humanity.
2. The
UN report, drawing on meticulous and objective research, provides
incontrovertible proof of what the Myanmar military and its government
has been denying all this time; intentional, concerted, systematic,
consistent, and planned acts and policies to destroy and remove, in particular ethnic Rohingyas, from Myanmar.
3. It
should be noted that the Myanmar military and government were given
ample opportunity to provide their side of the story – opportunities
that they repeatedly did not avail themselves of. Therefore, they cannot
now say that the report is biased, unfair and driven by a political
agenda.
4. I
wish to emphasise the fact that Malaysia’s assessment of Myanmar
remains the same. A strong and prosperous South East Asia requires a
united, prosperous and stable Myanmar, one which is fully integrated
into the global community and able to play its rightful role therein.
For these reasons, more than 20 years ago Malaysia, under Tun Dr.
Mahathir’s leadership, strived towards bringing Myanmar into the ASEAN
fold. The inclusion of Myanmar, as well as Cambodia, Laos, and Viet Nam,
as members of ASEAN has brought innumerable benefits not only for them,
but the region and the world as a whole.
5. However,
aspirations for Myanmar will not be fulfilled if it continues, or
refuses to account for policies which reflect Mankind’s darkest past,
and which has no role in a civilised world.
6. As
a member of ASEAN, Myanmar must ascribe to the ideals of the ASEAN
Charter. These include for ASEAN members to respect the fundamental
freedoms, the promotion and protection of human rights, and the
promotion of social justice.
7. Of
course the ASEAN Charter also spoke very strongly about the principle
of non-interference. Of course Malaysia continues to subscribe to this
principle. However, beyond the humanitarian dimension, there are also
the security and strategic dimensions – the widespread movement of the
Rohingyas creates instability in the region, and could easily become a
rallying-call for violent extremism in the region.
8. All
these potentially have deep implications for Malaysia and the region.
For this reason, Malaysia cannot be silent, or ignore the Rohingya
crisis that is happening at its doorstep.
9. Malaysia
will continue to speak about the plight of the Rohingyas. We will also
continue to call for international support for the Government of
Bangladesh, in which close to a million Rohingyas have found refuge. As
we work towards a sustainable solution to the situation, one which will
preserve the dignity and lives of the Rohingyas, the international
community must do all it can to support Bangladesh. Malaysia has done
so, and will continue to do so.
10. Perhaps
lost in the discussions is the fact that Myanmar has been a Party to
the 1948 UN Convention on the Prevention and Punishment of the Crime of
Genocide since 1956. Under the terms of the Convention, States Parties
including Myanmar have the obligation to, among others:
10.1. Undertake to punish persons committing genocide that happens in the country, whether committed in peace or in time of war;
10.2. Establish a competent national tribunal in the territory in which the act is committed to try the alleged crimes committed; and
10.3. Accept the jurisdiction of international penal tribunal should the national mechanism is unavailable or is ineffective.
11. In
addition, the 1948 Convention also calls upon the competent body of the
UN to take such actions in the UN Charter they consider appropriate to
prevent and suppress the acts of genocide.
12. Clearly, the crimes described in the report are consistent with those outlined in the 1948 Genocide Convention, which I must repeat, Myanmar is Party to. For this reason, The Myanmar Government has the primary responsibility to take actions against the perpetrators of the crimes under international law committed against the Rohingyas and other minorities in Myanmar, especially in Rakhine State.
13. If
Myanmar proves to be unwilling or incapable of ensuring justice in this
regard, the United Nations Security Council (UNSC) has the
responsibility to establish an international judicial mechanism to try
those individuals most responsible for these crimes. This too was
clearly the view of the majority of the Members of the UNSC expressed
during the open briefing held on 28 August 2018 in New York.
14. In
1946, General Aung San famously stated that, “Nowadays, all the world
over, we cannot confine the definition of a nationality to the narrow
bounds of race and religion. Nations are extending the rights of their
respective communities even to others who may not belong to them except
by their mere residence amongst them and their determination to live and
be with them.”
15. So
let me say to my friends in Myanmar – Live up to the ideals of General
Aung San. Bring the condemned perpetrators to justice. Let the Rohingyas
return to peace and a life of dignity.
DATO’ SAIFUDDIN ABDULLAH
MINISTER OF FOREIGN AFFAIRS MALAYSIA
PUTRAJAYA
29 August 2018
Myanmar: Tatmadaw leaders must be investigated for genocide, crimes against humanity, war crimes – UN report
27 August 2018
GENEVA (27 August 2018) –
Myanmar’s top military generals, including Commander-in-Chief
Senior-General Min Aung Hlaing, must be investigated and prosecuted for
genocide in the north of Rakhine State, as well as for crimes against
humanity and war crimes in Rakhine, Kachin and Shan States, a report by
the UN Independent International Fact-Finding Mission on Myanmar*
today urged.
The Mission, established by the UN Human Rights
Council in March 2017, found patterns of gross human rights violations
and abuses committed in Kachin, Rakhine and Shan States that
“undoubtedly amount to the gravest crimes under international law”,
principally by Myanmar’s military, the Tatmadaw, but also by other
security forces.
“Military necessity would never justify killing
indiscriminately, gang raping women, assaulting children, and burning
entire villages. The Tatmadaw’s tactics are consistently and grossly
disproportionate to actual security threats, especially in Rakhine
State, but also in northern Myanmar,” the report states.
“They
are shocking for the level of denial, normalcy and impunity that is
attached to them. The Tatmadaw’s contempt for human life, integrity and
freedom, and for international law generally, should be a cause of
concern for the entire population.”
The crimes against humanity
committed in Kachin, Shan and Rakhine States include murder;
imprisonment; enforced disappearance; torture; rape, sexual slavery and
other forms of sexual violence; persecution and enslavement. In
addition, in Rakhine State, the elements of the crimes against humanity
of extermination and deportation are also present.
The Mission
also concluded “there is sufficient information to warrant the
investigation and prosecution of senior officials in the Tatmadaw chain
of command, so that a competent court can determine their liability
for genocide in relation to the situation in Rakhine State.”
“The
crimes in Rakhine State, and the manner in which they were perpetrated,
are similar in nature, gravity and scope to those that have allowed
genocidal intent to be established in other contexts,” the report
states.
“Factors pointing at such intent include the broader oppressive
context and hate rhetoric; specific utterances of commanders and direct
perpetrators; exclusionary policies, including to alter the
demographic composition of Rakhine State; the level of organization
indicating a plan for destruction; and the extreme scale and brutality
of the violence.”
The Mission has drawn up a list of alleged
perpetrators as priority subjects for investigation and prosecution,
whom it believes had effective control and bear the greatest
responsibility. Responsibility starts at the top, with the Tatmadaw
Commander-in-Chief Senior-General Min Aung Hlaing. Five other military
commanders are also named in the report: the Deputy Commander-in-Chief,
Vice Senior-General Soe Win; the Commander, Bureau of Special
Operations-3, Lieutenant-General Aung Kyaw Zaw; the Commander, Western
Regional Military Command, Major-General Maung Maung Soe; the Commander,
33rd Light Infantry Division, Brigadier-General Aung Aung; the
Commander, 99th Light Infantry Division, Brigadier-General Than Oo. A
longer list of names will be kept in the custody of the UN High
Commissioner for Human Rights and can be shared with any competent and
credible body pursuing accountability in line with international norms
and standards.
The report notes that civilian authorities had
little scope to control the actions of the Tatmadaw. It also finds that
“through their acts and omissions, the civilian authorities have
contributed to the commission of atrocity crimes.”
“The State
Counsellor, Daw Aung San Suu Kyi, has not used her de facto position as
Head of Government, nor her moral authority, to stem or prevent the
unfolding events in Rakhine State,” the report states.
“Impunity
is deeply entrenched in Myanmar’s political and legal system,
effectively placing the Tatmadaw above the law,” the report states,
adding that justice has therefore remained elusive for victims in the
country for decades. “The impetus for accountability must come from the
international community.”
The Mission called for the situation
in Myanmar to be referred to the International Criminal Court or for an
ad hoc international criminal tribunal to be created. In the interim,
it called for an independent, impartial mechanism to collect,
consolidate, preserve and analyse evidence of violations. It also
recommended targeted individual sanctions against those who appear to
be most responsible.
The report states that the massive violence
and consequent mass exodus sparked by the events of 25 August 2017 –
when the armed group, ARSA led attacks on military and security
outposts across northern Rakhine State and the army responded with
massive force – was “a catastrophe looming for decades”. The report
notes that this was the inevitable result of “severe, systemic and
institutionalized oppression from birth to death” and an exclusionary
vision, including the persistent denial of citizenship and severe
restrictions on freedom of movement. Against this backdrop, the violence
in Rakhine State in 2012 created the conditions that led to
large-scale violence in 2016 and the human rights crisis that unfolded
in 2017.
The Mission documented mass killings, the scorching of
Rohingya settlements and large-scale gang rape and other sexual violence
by Tatmadaw soldiers. The poignant testimony of one survivor laid bare
the monstrous extent of sexual violence:
“I was lucky, I was only raped by three men,” she said.
Rapes were often in public spaces in front of families, including
children. The Mission also met many children with visible injuries
matching accounts of being shot, stabbed or burned. Satellite imagery
corroborates accounts of widespread, systematic, deliberate and
targeted destruction, during which Rohingya populated-areas were burned
down with nearby ethnic Rakhine settlements left unscathed.
“The
Government and the Tatmadaw have fostered a climate in which hate
speech thrives, human rights violations are legitimized, and incitement
to discrimination and violence facilitated,” the report states. The
Mission found numerous examples of hate speech and incitement to
violence, including when in November 2012 a leading Rakhine political
party cited Hitler, arguing that “inhuman acts” were sometimes
necessary to “maintain a race”.
The security forces’ response to
the ARSA attacks in August 2017 started within hours, “was immediate,
brutal and grossly disproportionate”, suggesting “a level of
preplanning and design” consistent with Commander-in-Chief Min Aung
Hlaing’s stated vision to finish “the unfinished job” of solving “the
long-standing Bengali problem”. The Mission also found that a large
build-up of troops and other military assets across northern Rakhine
had already begun in early August 2017.
The report also highlights
serious human rights violations by security forces against the ethnic
Rakhine, including sexual violence, noting that the pattern of
violations against them is highly underreported.
In Kachin and
Shan States, the Mission verified a number of incidents in the context
of armed conflicts, confirming consistent patterns of violations of
international law. The report finds that Tatmadaw operations in
northern Myanmar are “characterized by systematic attacks directed at
civilians” and conducted “in flagrant disregard for life, property and
well-being of civilians.”
Such attacks serve as a catalyst for a
wide range of other violations, including killings, sexual violence,
arbitrary arrest and detention, enforced disappearances, forced labour,
land grabbing, and the burning of villages. Tatmadaw operations have a
devastating impact on the population.
The Mission also confirmed
that violations and abuses were committed by non-State armed groups.
This includes the “ethnic armed organizations” in Kachin and Shan
States, and ARSA in Rakhine State.
While the Mission was never
granted access to Myanmar, the team amassed a vast amount of
information from primary sources, including through 875 in-depth
interviews with victims and eyewitnesses, satellite imagery and
authenticated documents, photographs and videos. Specialist advice was
sought on sexual and gender-based violence, psychology, military affairs
and forensics. Only verified and corroborated information was taken on
board. The Mission travelled to Bangladesh, Indonesia, Malaysia,
Thailand and the United Kingdom.
A fuller report, containing
detailed factual information and legal analysis will be published and
presented to the Human Rights Council on 18 September. It will include a
significant amount of satellite imagery analysis.
ENDS
* Marzuki Darusman, a lawyer and human rights campaigner and
former Attorney-General of Indonesia, is chair of the fact-finding
mission. The other two members of the fact-finding mission are Radhika
Coomaraswamy, a lawyer and former UN Special Rapporteur on Violence
against Women and UN Special Representative for Children and Armed
Conflict; and Christopher Sidoti, an Australian human rights
consultant, specializing in the international human rights system and
in national human rights institutions.
Contact information: Nathan Thompson, +41 76 691 0799
consultant.thompson@ohchr.org; Rolando Gomez, +41 79 477 4411,
rgomez@ohchr.org.
Access the full report and supporting documentation
SOURCE:-
United Nations Human Rights Council Website
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