Friday, August 31, 2018

Malaysia calls for JUSTICE for Rohingya, and actions against perpetrators...?

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.

No comments:

Post a Comment