HRC54: The fight for the Rohingya's rights continues

The 54th Session of the Human Rights Council

11 September – 13 October 2023

Item 4: The Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on the situation of human rights in Myanmar

26th September 2023

By Lené Sophia Strydom / GICJ

The Muslim Rohingya population continues to bear the brunt of the human rights violations occurring in Myanmar. The High Commissioner for Human Rights, Mr. Volker Türk, has highlighted in his report the continuous violations of human rights for the Rohingya community, specifically between the 1st of April and the 31st of July 2023. He has painted the horrific picture of what these victims endure every day to ensure all states truly understand and act on these violations. These include forced displacement, denial of humanitarian assistance, and extreme and systematic discrimination against the Rohingya by the Myanmar military Junta.

Mr. Türk specifically focuses on the human rights and protection concerns from the systematic violations in his report which include indiscriminate attacks, airstrikes, mass killings, and the burning of villages. He further concludes the report with recommendations for the military and the member states on what is needed to end the suffering of the Rohingya population. The Military should implement the Security Council resolution and allow for unrestricted humanitarian access, while the Member States should maintain rigorous attention to developments in Myanmar, ensure no direct and indirect supply of military weapons, collaborate with the private sector to avoid providing revenues to the military, and finally, rake concrete action to ensure that Rohingya in Myanmar and Bangladesh have access to basic human rights and grant asylum. 

However, the fight for the Rohingya population continues. These violations that they endure daily are consistent with crimes against humanity and genocide, in which the United States has defined these violations as such. The report submitted by the High Commissioner for Human Rights fails to identify or mention the word Genocide. Until the international community collectively defines the violations as it is, only then will there be definitive and concrete action for the Rohingya.

Geneva International Centre for Justice (GICJ) condemns the grave violations of human rights in Myanmar against the Muslim Rohingya population. We call on the Member States to ensure concrete actions to end these violations and define these as crimes against humanity and acts of genocide in order to prosecute those responsible.

Background

Myanmar grapples with a distressing reality marked by terror, violence, and ethnic cleansing imposed upon its minority populations, particularly the Rohingya, sparking debates in academic and political circles about whether the crimes committed amount to genocide. Similar to the plight of the Tamils in Sri Lanka, the Rohingya, an ethnic minority within Myanmar (formerly Burma under British rule until 1989), have endured ethnocide, culturicide, and genocide orchestrated by Myanmar's military since 2016. International responses fell short in alleviating the suffering of the victims until 2022 when the United States, after an extensive investigation into the ethnic cleansing, finally spoke out against the atrocities, calling for an end to the genocide. This occurred just a year ago, underscoring the long-standing failure of the international community to intervene effectively, echoing the tragic echoes of the Rwandan genocide.

Myanmar, in the aftermath of British rule, has been marred by political and ethnic turmoil, ranging from civil wars to genocides. The plight of the Rohingyas, who have endured almost seven decades of statelessness in their own country, witnessing the dismantling of their economic livelihood and facing restrictions on marriage and childbearing. Signs of genocide are evident, but the world has chosen to turn a blind eye. 

Faced with continued acts of culturicide or ethnocide, the Rohingya formed the Arakan Rohingya Salvation Army (ARSA) as a means of self-defence against the Myanmar government and the Tatmadaw, Myanmar's armed forces. The genesis of the Rohingya genocide bears striking similarities to the Tamil genocide in Sri Lanka, with ARSA's attack on uniformed militaries on August 25, 2017, aiming to acquire weaponry. The military responded with a massively disproportionate retaliation, involving mass murder, torture, gangrape, and the destruction of entire villages.

The violence against the Rohingya predates the recognised genocide, with the hope that an attack against the military would draw international attention to the cultural and ethnic genocide faced by the Rohingya Muslim minorities. Despite the intentional nature of these acts, the world dismissed them, allowing the violence to persist. By December 2017, over 688,000 Rohingyas had fled Myanmar to neighboring countries, leaving behind 392 villages reduced to ashes and an estimated death toll of 10,000 just four months after the onset of the genocide. By August 2018, a year into the genocide, 723,000 had fled, with an average of 1,733 Rohingyas escaping to Bangladesh each month. The exodus stands as a stark testament to the urgency of addressing the Rohingya crisis and the broader issue of genocide, demanding a concerted international effort to end the suffering and ensure justice for the victims.

Report

The UN report delves into the deteriorating human rights situation in Myanmar from April 2022 to July 2023, shedding light on the egregious violations primarily orchestrated by the Myanmar military. The aftermath of the coup has witnessed a stark escalation in violence, manifesting as indiscriminate attacks, forced displacement, and systemic discrimination against the Rohingya community. Notably, the military's actions have intensified since the coup, involving targeted killings, mass arrests, and a disturbing array of systematic abuses.

Of particular concern is the military's growing reliance on foreign-sourced heavy weapons, raising alarms about its heightened capacity for violence. The report emphasises the urgent need for international sanctions to curb this military capability and prevent further atrocities. While acknowledging violations by anti-military armed groups, the report urges the National Unity Government to take accountability measures.

The military's actions have resulted in alarming statistics, including the displacement of nearly 1.6 million people, a fragile economic situation, and approximately 15.2 million individuals experiencing moderate to severe food insecurity. Airstrikes have witnessed a significant surge, causing civilian casualties and instilling fear among the population. Specific incidents, such as the brutal attack on a civilian gathering in Pa Zi Gyi, have led to numerous deaths and injuries, portraying the severity of the military's brutality. 

The report meticulously details instances of mass killings during ground operations, emphasizing the intensified brutality witnessed in villages like Nyaung Pin Thar, Tar Taing, and Sone Chaung. These acts include burning people alive, dismemberment, rape, and beheadings. The military's systematic burning of villages, part of their "four cuts" strategy, results in immediate and long-term harm to the civilian population, pushing them into precarious conditions.

Despite the military's denial of responsibility for burnings, evidence suggests looting before setting homes on fire, demonstrating a blatant disregard for human life. Villages face violence through artillery shelling and raids, perpetuating a constant state of fear. The report underscores the widespread and systematic nature of these human rights violations, emphasizing the urgent need for international intervention and accountability measures to address the dire situation in Myanmar.

The report also delves into the violations committed by anti-military armed groups in Myanmar. These groups, whether affiliated with the National Unity Government or not, have caused civilian casualties, with approximately 6,000 deaths reported by June 30, 2023. While the National Unity Government claims to have implemented measures for compliance with international law, the report highlights the lack of clear accountability outcomes for 185 cases. Tactics employed by these groups include targeted killings and bomb attacks on public offices, with retaliatory attacks during celebrations causing injuries and deaths. Social media videos depict disturbing instances of torture and execution by alleged members of anti-military groups, revealing a troubling trend of human rights abuses on both sides.

Furthermore, the report sheds light on the precarious human rights situation of the Rohingya community in Myanmar's Rakhine State, exacerbated by Cyclone Mocha. Over 150,000 displaced Rohingya face severe restrictions in camps, enduring the impact of the storm and military actions hindering humanitarian access. The military's evacuation efforts are criticized for inadequacies, disproportionately affecting Rohingya, with deaths attributed to limited evacuation options. The military's control of relief operations, arrests of aid workers, and restricted access worsen conditions for all communities. Despite challenging circumstances, the military attempts to organize Rohingya refugee returns from Bangladesh, offering an inadequate plan lacking safety assurances, restoration of rights, and compensation. The forced acceptance of National Verification Cards raises concerns about Rohingya rights and status. The overall situation suggests ongoing human rights violations and challenges to a safe, dignified return for Rohingya.

In conclusion, the report highlights that Myanmar's human rights situation, particularly after the attempted military coup, continues to deteriorate significantly. The military's actions, marked by airstrikes and ground operations, result in widespread violence, with a notable increase in serious human rights violations. Civilians face relentless fear, arbitrary arrests, and the absence of the rule of law. The military's tactics involve burning villages, targeted killings, and other brutalities, demonstrating a ruthless campaign against opposition without any accountability. Anti-military armed groups also contribute to violence, and natural disasters like Cyclone Mocha exacerbate the humanitarian crisis, especially impacting the Rohingya community. The report urgently calls for international and regional intervention to protect civilians, ensure humanitarian access, and facilitate political processes for democratic development. Specific recommendations include implementing Security Council resolutions, allowing humanitarian access, supporting political processes, protecting the Rohingya, and collaborating to prevent military support. The report also urges accountability mechanisms, transparent investigations into abuses, and referral of the situation to the International Criminal Court.

Interactive Dialogue:

High Commissioner for Human Rights, Mr. Volker Türk, expressed deep concern over the deteriorated human rights situation in Myanmar. They highlighted widespread violence and human rights violations committed by the military, including air strikes, mass killings, and burning of villages. The military's prioritization of its political interests over the well-being of the population, especially evident after Cyclone Moca, was condemned. The denial of humanitarian access, arrests, unfair trials, and systematic repression contributed to a dire crisis.

The speaker reported on the extensive destruction of structures, displacement, and increasing humanitarian needs, emphasizing the vulnerable groups affected, such as women, children, and people with disabilities. They acknowledged violence by anti-military armed groups but stressed the military's primary responsibility for the severity of the violations. The erosion of civilian rule of law and justice, mass arrests, and lack of due process were noted.

The denial of humanitarian access had severe consequences, particularly in Rakhine State, affecting the Rohingya community. Despite threats and intimidation, the international community was called upon to act urgently to de-escalate the crisis, investigate human rights abuses, and ensure accountability. The speaker welcomed ASEAN's recent decision to try a new approach and urged other states to support these efforts. They called for the situation to be referred to the International Criminal Court, emphasizing the need for international intervention to protect civilians and restore peace in Myanmar.

The European Union delegation expressed deep concern about the escalating attacks by the Myanmar military, including artillery strikes, village burnings, and human rights abuses. They emphasized the need for accountability, called for comprehensive international sanctions, including a global arms embargo, and implemented measures like an arms embargo and a ban on dual-use goods. The EU had questioned whether the UN's engagement in Myanmar had resulted in increased access for humanitarian aid or any moderation in the military's actions.

The delegate of Australia, speaking on behalf of Canada, Australia, and New Zealand, expressed deep concern over the situation in Myanmar. They noted civilian atrocities, indiscriminate military attacks, and large-scale burning of villages. Urging the military regime to cease violence, engage in meaningful dialogue, and implement ASEAN's consensus, they called for full humanitarian access. Support for ASEAN's efforts was emphasized, and countries providing arms were urged to cease their support. The international community sought ways to support Civil Society organizations in improving human rights and facilitating safe humanitarian assistance.

The delegate of Pakistan, representing the OIC, reiterated its call for a greater focus on the human rights situation of Rohingya Muslims in Myanmar. They expressed concern over ongoing human rights violations and emphasized that resolving the Rohingya crisis is crucial and should not be overshadowed by the political situation in Myanmar. Pakistan welcomed the dialogue between Bangladesh and Myanmar on repatriation and stressed the importance of safety and dignity in the process. They urged Myanmar to implement recommendations, provide a clear pathway to citizenship, and cooperate with international accountability mechanisms. Expressing alarm at the diminishing global attention to the Rohingya humanitarian needs, Pakistan urged continued efforts by the High Commissioner for a durable solution to the crisis.

The Italian delegation strongly condemned the brutal attacks by the Myanmar military, including airstrikes, mass killings, and village burnings, expressing deep concern for the violations of international humanitarian law. They called for an immediate end to all violence, particularly against civilians and minority groups. Italy rejected any hindrance to relief operations and advocates for the safe return of Rohingya refugees with unimpeded humanitarian access. They emphasised the release of detainees, suspension of capital executions, and a death penalty moratorium, stressing the importance of accountability and justice. Italy expressed solidarity with the people of Myanmar and urged the military to guide the country toward a positive path.

The delegate of The United States expressed deep concern over the worsening human rights situation in Myanmar, where the military engages in atrocities and serious abuses with impunity. The U.S. called for the immediate release of political prisoners, an end to the death penalty targeting pro-democracy leaders, and urged the Security Council to restrict arms and jet fuel exports to Myanmar. This action aims to protect civilians and facilitate the delivery of humanitarian relief. The U.S. seeked suggestions on additional measures the international community, especially the UN, can take to limit the Myanmar military's harm to civilians.

The delegate of Germany aligned with the EU statement, expressing gratitude to the High Commissioner and the investigative mechanism for their work on the dire situation in Myanmar. They noted the military's actions over the past six years, leading to the death of thousands of Rohingya and displacing many. Germany condemned ongoing international crimes, urging the Myanmar military to immediately cease violence, release political prisoners, and implement the ASEAN five-point consensus. Seeking advice, Germany questioned how the international community could more effectively end violence against the people of Myanmar.

The French delegation associated itself with the European Union's statement, expressing extreme concern over the deteriorating situation in Myanmar following the coup in February 2021. France regretted the lack of willingness to compromise shown by the military regime. They highlighted ASEAN's call for a political dialogue and reiterated a commitment to direct assistance, increasing ongoing humanitarian aid, and providing one million euros for cyclone relief and food security in refugee camps. Collaborating with EU partners, France imposed sanctions on those involved in the military regime's atrocities. They called for an end to violence, respect for international humanitarian law, and full, safe, and unhindered humanitarian access. France repeated its appeal for the immediate and unconditional release of all arbitrarily detained individuals, including State Councilor Aung San Suu Kyi. The statement concluded with expressions of gratitude.

The delegate of Saudi Arabia noted the report on Myanmar, and called on State Parties to launch efforts to protect civilians, especially the Rohingya. They emphasised the importance of ensuring the safety, security, and recognition of basic rights for the Rohingya, including the right to citizenship and a dignified, secure return to their homes. Saudi Arabia highlighted its continuous support for the Rohingya, providing healthcare, job opportunities, and education to children. They mentioned supporting over forty-three projects totaling one hundred eighty-six million dollars for emergency aid, shelter, and food. Saudi Arabia pledged ongoing collaboration with the international community to support the Rohingya.

The delegate of Malaysia aligned with the OIC statement, expressing deep concern about potential violence and the worsening humanitarian situation in Myanmar. They called for an immediate cessation of violence and targeting of civilians. While emphasising the importance of the ASEAN five-point consensus for addressing Myanmar's political crisis, Malaysia urged the military authorities to implement it and return to a democratic path.

As a country directly impacted by the crisis, Malaysia committed to supporting the safe return of displaced Myanmar nationals, particularly the Rohingyas. They also expressed concern about rising transnational crimes involving Rohingya refugees and called on the Human Rights Council to advocate for expanded resettlement programs. Malaysia sought guidance on enhancing collaboration between the OHCHR and the HS centre to deliver assistance and ensure the respect of rights to food, shelter, and help.

The Chinese delegation expressed regret that Myanmar couldn't participate in the dialogue, citing the complexity of the issue influenced by internal and external factors. They emphasized upholding international norms for conflict resolution to prevent escalation. China called for discussions in the council to contribute to stability in Myanmar, expressing concern for the domestic situation. They advocated for solutions within Myanmar's constitution, law, and through political dialogue, urging the international community to respect Myanmar's sovereignty and support efforts for a proper solution in Rakhine State through peaceful means.

The delegate of the Russian Federation monitored the situation in Myanmar, favoring a non-politicized approach in discussions. They did not support using the council to pressure Myanmar on human rights concerns, especially in the absence of the country's delegation. Russia believed that Myanmar citizens should normalize the situation, and the international community's role was to assist them. They emphasized avoiding actions that escalated violence or polarized society and consistently spoke against politically motivated initiatives in the Council, viewing them as selective and based on double standards.

The delegate of Bangladesh noted the High Commissioner's report, emphasizing that the political situation in Myanmar shouldn't divert attention from the Rohingya crisis. They urged continued focus on the Rohingya issue until a sustainable solution was achieved. Bangladesh reported efforts to commence repatriation, ensuring transparency, and voluntariness. They stressed the core problem in Myanmar and called for unhindered access in Rakhine to boost confidence among potential returnees. Bangladesh urged regional countries and the international community to create better conditions, invest in Rohingya livelihood options, and facilitate reconciliation in Rakhine, emphasizing the need for collective efforts in achieving the safe return of the Rohingya.

The delegate of the United Kingdom condemned the harrowing situation in Myanmar, expressing concern over the military's brutal tactics against civilians. They affirmed support for the independent investigative mechanism, imposed sanctions on the military, and called for restoring humanitarian access. The UK emphasized the need for a voluntary, safe, dignified, and sustainable return of the Rohingya. They sought guidance on how the international community can ensure the gathered evidence of human rights abuses is used for future accountability.

The delegate of India, as Myanmar's neighbor, expressed direct interest in peace and stability. They called for an immediate end to violence, release of political detainees, and a constructive dialogue for a federal democratic system. India supported ASEAN-led efforts, emphasized Asian unity, and backed the UN Secretary-General's role in resolving the crisis. Despite challenges, India continued providing humanitarian aid, developmental projects, and collaborated on capacity-building in democratic systems, including constitutionalism and federalism.

Non-Governmental Organisations Statements

The international response to the High Commissioner's report on Myanmar echoed deep concerns about the ongoing atrocities in the country. Non-governmental organizations (NGOs) specifically focused on the military's actions and the extension of its illegitimate rule following the promised election in August. The NGOs collectively emphasized the recurring and egregious nature of the military's tactics, which included indiscriminate, disproportionate, and intentional targeting of civilians.

The reported actions by the military involved numerous bombings, artillery strikes, and attacks on various critical establishments, such as villages, hospitals, schools, and places of worship. The NGOs underscored the severity of the situation, citing instances of horrifying violence, including the burning of homes, mass executions, and widespread rape and sexual violence against women and children.

A common plea from the NGOs was a call to the international community to take decisive action and put an end to the atrocities being committed, particularly against the Rohingya Muslim minorities in Myanmar. Their collective message highlighted the urgent need for intervention and accountability to address the grave human rights violations and bring about positive change in Myanmar.

Concluding observations:

Mr. Volker Türk The High Commissioner, based on recent findings and recalling past recommendations, urges the military in Myanmar to take immediate actions, including implementing Security Council resolution S/RES/2669(2022) to cease all violence and allow unhindered humanitarian access. The recommendations encompass supporting democratic development, protecting the Rohingya community, and complying with International Court of Justice measures. The High Commissioner also calls for meaningful access for the OHCHR to monitor human rights situations independently. Additionally, all parties in Myanmar are advised to respect international human rights and humanitarian law, facilitate humanitarian access, and cooperate with accountability mechanisms. Duty bearers, including the National Unity Government, are urged to transparently investigate allegations of human rights abuses. The High Commissioner reiterates the recommendation for the Security Council to refer the situation in Myanmar to the International Criminal Court. Member States are encouraged to monitor developments, restrict military support, collaborate with the private sector to prevent funding human rights violations, and ensure Rohingya access to essential resources and voluntary resettlement.

The report delivered by the High Commissioner for Human Rights, Mr. Volker Türk, brought attention to the egregious atrocities perpetrated against the Rohingya Muslim minorities. However, a notable omission from the report was the explicit use of the term 'genocide.' Throughout the entirety of the document, the term 'genocide' was conspicuously absent. The absence of the term 'genocide' in the report has sparked a call for more definitive language from the Human Rights Council. For genuine change to occur, it is imperative for the Council to categorise the reported atrocities as what they truly are—genocide. Defining the situation as genocide is a crucial step toward acknowledging the severity and gravity of the offenses committed against the Rohingya population.

The ongoing battle for justice in cases of genocide persists, especially when key entities, mechanisms, or even the High Commissioner for Human Rights refrains from explicitly labeling the situation as such. The demand for an unequivocal acknowledgment of genocide serves as a rallying point for those advocating for accountability, emphasising the importance of accurate terminology in addressing and remedying severe human rights violations.

Geneva International Centre for Justice (GICJ) Position

Geneva International Centre for Justice (GICJ) issues a stern condemnation of the egregious human rights violations occurring in Myanmar, specifically targeting the Muslim Rohingya population. In the face of these grave transgressions, GICJ urgently appeals to the international community, imploring Member States to take decisive and concrete actions to put an end to these atrocities. The severity of the situation warrants not only immediate intervention but also the unequivocal categorization of these actions as crimes against humanity and acts of genocide.

The plight of the Rohingya population has been marked by systematic and widespread violations of their fundamental human rights. These include but are not limited to, arbitrary arrests, extrajudicial killings, forced displacements, sexual violence, and denial of basic necessities. The scale and nature of these violations demand a robust and unambiguous response from the international community.

GICJ calls upon Member States to go beyond mere expressions of concern and take tangible measures to address the root causes of these atrocities. Designating these actions as crimes against humanity and acts of genocide is not only a moral imperative but a legal necessity. Such a classification would serve as a catalyst for holding those responsible accountable before the international legal system.

Prosecution of the perpetrators becomes paramount in ensuring justice for the victims and deterring future instances of similar atrocities. GICJ urges the international community to actively support and cooperate with international judicial mechanisms to investigate, document, and prosecute those involved in orchestrating and executing these human rights violations.

GICJ's condemnation underscores the urgency and gravity of the situation in Myanmar, and the call for concrete actions signifies the imperative for the international community to stand in solidarity against these violations. By defining these acts as crimes against humanity and acts of genocide, the path is paved for the pursuit of justice and the establishment of a framework that seeks to prevent the recurrence of such heinous offenses in the future.

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