The Myanmar government on Tuesday brushed aside United Nations Human Rights Council reports on serious rights violations committed against the Rohingya during a crackdown by the military in Rakhine state, saying the officials tasked with examining the abuses have “biased” and “prejudiced” views.
Yanghee Lee, the U.N. special rapporteur on human rights in Myanmar, and Marzuki Darusman, former attorney-general of Indonesia and chairman of a U.N.-appointed international fact-finding mission on human rights in Myanmar, on Monday issued damning reports on the violent expulsion of Rohingya, citing hundreds of interviews with victims and eyewitnesses about reported human rights violations along with satellite imagery, photographs, and video footage of events.
Lee told the Council on Monday that the brutal crackdown by Myanmar soldiers in northern Rakhine state in response to attacks by the Arakan Rohingya Salvation Army (ARSA) bore the “hallmarks of genocide.” She also said that the government had done nothing to stop the attacks and must be held accountable along with those who committed acts of violence.
The crackdown, which included indiscriminate killings, rape, torture, and arson, forced nearly 700,000 Rohingya to flee across the border to Bangladesh where they live in destitution in sprawling displacement camps.
An interim report issued by Darusman’s panel said the Myanmar military has created patterns of human rights violations and violations of international humanitarian law not only in Rakhine state, but also in Shan and Kachin states, where lesser-known conflicts are raging between the government army and ethnic militias.
“Regarding the Myanmar military, we are receiving credible reports of indiscriminate or disproportionate attacks, extrajudicial killings, arbitrary deprivation of liberty, enforced disappearances, destruction of property and pillage, torture and inhuman treatment, rape and other forms of sexual violence, forced labor, and the recruitment of children into armed forces,” the report said.
Myanmar’s response at the Council's annual meeting in Geneva on Monday was that a “less-than-objective approach by some had brought a paradigm shift in the perception and attitude” towards the country, according to a statement of the proceedings issued by the Office of the United Nations High Commissioner for Human Rights (OHCHR).
The Myanmar army has denied accusations of brutality against the Rohingya in northern Rakhine, saying its own investigations have cleared soldiers of the alleged abuses.
The Myanmar government has also denied the allegations and blocked Darusman’s fact-finding mission, appointed by the U.N. a year ago, from entering the country to conduct an independent investigation.
Kept out of Rakhine, Darusman’s team went to Bangladesh, Thailand, and Malaysia to interview more than 600 refugees.
‘We don’t accept it’
Responding to comments by Lee and Darusman, Myanmar government spokesman Zaw Htay told RFA’s Myanmar Service on Tuesday that the country had blocked the U.N. fact-finding mission because it rejected its legitimacy, and because its members were prejudiced in their assessment of the situation in Rakhine state by labeling it genocide or ethnic cleansing.
“We don’t accept it because making prejudgments is unethical,” he said.
Zaw Htay also said that Lee, who was nominated as special envoy on human rights by the Myanmar government and whose nomination was supported by other countries with the expectation of her demonstrating impartial cooperation, has made “biased, one-sided, and unfair accusations against Myanmar.”
“Neither the fact-finding mission nor Yanghee Lee are impartial,” he said.
“We are not denying rights violations but we are asking for strong, fact-based, and trustworthy evidence for the allegations they are making,” Zaw Htay said. “If [they provide it], we will investigate the charges and take action against people who have committed any crimes, but we don’t want stories by refugees who were interviewed at camps.”
Zaw Htay did not explain why refugee accounts were being dismissed out of hand by his government or why the repeated release of satellite data presented by human rights organizations has also been rejected by Myanmar.
Independent journalists have been barred from visiting the area, aside from rare government-escorted tours, and Myanmar has arrested two Reuters reporters for their detailed coverage documenting the killings.
The Myanmar government has temporarily barred Lee from visiting the country on her periodic missions to evaluate rights developments, particularly in violence-ridden Rakhine state.
Zaw Htay went on to say that the genocide and ethnic cleansing accusations that Lee and the fact-finding commission have raised could serve as fodder for ARSA members based just over the border in Bangladesh to incite further terrorist attacks.
“We have been talking about these possibilities repeatedly, and we have cooperated with Bangladesh because of them,” he said.
Though Myanmar still refuses to allow in the U.N.’s team of investigators, Zaw Htay said Myanmar wants to have good relationship with the international body and to be an active member.
“We will cooperate with all western and eastern countries on human rights and development issues,” he said. “We have been working with the U.N. and other countries and welcome them to to work with us on Myanmar’s national reconciliation, peace, and democracy transition based on the on-the-ground situation.”
‘Created by terrorists’
Myanmar government spokesman Zaw Htay in an undated photo.
Credit: RFA
When asked about the possibility that the government of de facto leader Aung San Suu Kyi would accept the fact-finding mission in the future, Zaw Htay said all parties should understand that “the problems in Rakhine state were not created by the Myanmar government, security forces, and the predominantly Buddhist ethnic Rakhine people in the region.
“They were created by terrorists and their incitements of terrorism,” he said. “Everybody should be clear about it.”
“There are accusations from the international community — and we will have more of them — but we won’t deny them; we will prove [them wrong] with our practical work,” he said.
However, few people outside Myanmar accept the government’s account of the Rohingya mass exodus, and the issue has tarnished the reputation of Aung San Suu Kyi, who received the Nobel Peace Prize for her decades of opposition to brutal rule by the same military now accused of committing atrocities in Rakhine.
Earlier this month United States Holocaust Memorial Museum rescinded its human-rights award to Aung San Suu Kyi for her failure to stop or acknowledge the persecution of the Rohingya.
Myanmar has said that it is prepared to take back Rohingya refugees who want to voluntarily return to northern Rakhine state, if they can prove that they lived in the region prior to Oct. 9, 2016, when soldiers launched a smaller-scale crackdown in response to deadly ARSA raids on border guard stations.
Though refugee processing centers have been built in Rakhine, the repatriation program has yet to begin, with the Myanmar and Bangladeshi sides blaming each other for delays.
“We have been working on accepting back refugees who actually lived in Rakhine state,” Zaw Htay said.
“Another thing we’re giving priority to is not falling into a trap set by ARSA, which is trying to gain a political advantage from this issue,” he said.
Reported by Khin Khin Ei for RFA’s Myanmar Service. Translated by Khet Mar. Written in English by Roseanne Gerin.
Asian Centre for Human Rights calls for the removal of Yanghee Lee
By Mizzima
On Sunday, 10 September 2017
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Yanghee Lee, the United Nations Special Rapporteur on the situation of human rights in Myanmar. Photo: Lynn Bo Bo/EPA
The New Delhi based Asian Centre for Human Rights (ACHR) has called for the removal of Professor Yanghee Lee as UN Special Rapporteur on the situation of human rights in Myanmar for blatant violations of the “5/2. Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council”. The open letter addressed to the President of the UN Human Rights Council,H.E. Joaquín Alexander Maza Martelli , is reproduced below in full.
‘The Asian Centre for Human Rights (ACHR) is writing to seek your interventions for the removal of Professor Yanghee Lee as UN Special Rapporteur on the situation of human rights in Myanmar for blatant violations of the “5/2. Code of Conduct for Special Procedures Mandate-holders of the Human Rights Council”, in particular, Article 3 - General principles of conduct and Your Excellency’s recent action with respect to the Chairperson of the Fact Finding Missions on Myanmar. While grave human rights violations in Myanmar must be addressed, the same must not be undermined by the bias of the Special Rapporteur.
Your Excellency is fully aware “universality, impartiality, objectivity, and non-selectivity, and the elimination of double standards and politicization” are non-negotiable cornerstones for the functioning of the UN Human Rights Council and its mechanisms including the Special Procedures. Once these principles are blatantly violated by a particular mandate holder, continuation becomes untenable.
In this regard, kindly allow the ACHR highlight the standard set by Your Excellency with respect to former Chairperson of the Fact Finding Mission on Myanmar Ms Indira Jaisingh and the need to uphold the same standard with respect to the on the situation of human rights in Myanmar Professor Yanghee Lee.
1. Standard set by Your Excellency with respect to the Chairperson of the Fact Finding Mission on Myanmar
The Human Rights Council through its resolution A/HRC/RES/34/22 dated 24 March 2017 decided to dispatch urgently an independent international fact-finding mission, to be appointed by the President of the Human Rights Council, to establish the facts and circumstances of the alleged recent human rights violations by military and security forces, and abuses, in Myanmar, in particular in Rakhine State.
On 30 May 2017, Your Excellency had appointed Ms. Indira Jaising to serve as Chair of the Fact Finding Mission.
A copy of the Your Excellency’s Statement is appended as Annex-I.
On 27 July 2017, Your Excellency announced new composition of the Fact-finding Mission on Myanmar and appointed Mr. Marzuki Darusman (Indonesia) to serve as a member and Chair instead of Ms Jaisingh.
A copy of the Your Excellency’s Statement is appended as Annex-II.
Though Your Excellency had not provided any reason for the removal of Ms Indira Jaisingh, a U.N. official told Reuters “Jaising agreed to step down after the council president raised concerns about public comments she made that could be seen as indicating bias.” Ms Jaisingh in an interview to Al Jazeera said, “The situation of the Rohingya community in Myanmar is especially deplorable because they face the risk of a genocide.”
A copy the news story, New chairman appointed to U.N. mission probing Myanmar abuses, of Reuters dated 27 July 2017 is appended as Annex-III.
A copy of the news story, UN appoints team to probe crackdown against Rohingyas, of Aljazeera dated 30.05.2017 that carried the interview of Ms Jaisingh is appended as Annex-IV.
2. The case for removal of UN SR on Myanmar based on the standard set by Your Excellency with respect to Chairperson of the Fact Finding Mission on Myanmar
Asian Centre for Human Rights request Your Excellency and the Human Rights Council to examine the blatant violations of the “universality, impartiality, objectivity, and non-selectivity, and the elimination of double standards and politicization” by the UNSR on Myanmar as highlighted below:
2.1. Failure to name and condemn the armed opposition groups of the Rohingyas for killing of ethnic Mros on 3 August 2017
On 3 August 2017, six Mro villagers were killed by the Rohingya armed opposition groups in Rakhine state of Myanmar. It was widely reported that the ethnic Mros who are indigenous peoples and distinctly different from the ethnic Rakhine were killed by the Arakan Rohingya Salvation Army (ARSA).
A copy of the press report is appended as Annex-V.
On 11 August 2017, Prof Lee issued a statement calling upon the Myanmar Government to “must ensure that security forces exercise restraint in all circumstances and respect human rights in addressing the security situation in Rakhine State”. She further stated, “There have been increasing reports of incidents affecting the local population, including the killings of six Mro villagers on 3 August…I share the concern of the Myanmar Government and its people regarding the safety and security of those living in Rakhine State in the light of these incidents.”
Please refer to Annex-VIII for the statement.
It is deeply regrettable that the Special Rapporteur failed to name even the armed opposition groups for the killing of the ethnic Mros. Her statement was so ambiguous that it is impossible to identify whether the ethnic Mros were killed by the Myanmarese government forces or the armed opposition groups.
2.2. Failure to name the communities attacked by the armed opposition groups of the Rohingyas since 25th August 2017
This failure to condemn the perpetrators not only emboldened the armed opposition groups.
Asian Centre for Human Rights believes that the failure on the part of Professor Yanghee Lee to condemn the Rohingya armed group the killing of six Mros on 3rd August 2017 led to the killing of five ethnic Daingnets on 26 August near Kyaungdoe village in Rakhine state and another seven Mro ethnic people during an attack on Khon-Taing Village in Maungtaw Township on 28 August.
Asian Centre for Human Rights sent a communication to the Special Rapporteur on 28th August 2017 requesting specific public statement against the Arakan Rohingya Salvation Army (ARSA) for the attacks on ethnic and religious minorities in Rakhine province of Myanmar and other issues related to the Rohingya crisis.
A copy of ACHR’s email is appended as Annex-VI.
Special Rapporteur Lee issued a statement on 31 August 2017 expressing “alarm at the deteriorating situation in Myanmar’s Rakhine State, affecting not just the Rakhine and Muslim populations but also other communities.”
The failure to name “other communities” i.e. Daignets and Mros is part of the de-recognition of the violations on the ethnic minorities by the Special Rapporteur to highlight only the grave human rights violations on the Rohingyas.
2.3. The pattern of failure to name the armed opposition groups of the Rohingyas by the Special Rapporteur
The following are statements of facts:
On 9 October 2016, the members of the armed opposition groups launched a surprise attack on the No.1 Border Guard Police Command Headquarters (Kyikanpyin), police outpost at Kotankauk and the Ngakhuya local administrative office. In that incident, 9 policemen were killed and 48 assorted arms, 6624 bullets, 47 bayonets, and 164 bullet cartridges seized by the armed opposition groups.
On 25 August 2017, members of the armed opposition groups belonging to the Rohingya community launched sneak attacks on 30 police outposts in Maungtaw, Buthidaung and Yathedaung townships as well as against the Regiment Headquarters in Taungthazar village. The Government of Myanmar stated that 10 police officers, one soldier and one immigration officer were killed while nine security officers and a number of civilians were wounded; and six firearms were lost.
Yet, UN Special Rapporteur on the situation of human rights in Myanmar Professor Yanghee Lee has intentionally and purposely failed to name the armed groups formed by members of the Rohingya community in her statements.’
http://www.achrweb.org/UN/HRC/RohingyaRefugees-08-09-17.html
Mar 31, 2018 10:58 AM
A few weeks ago, the UN Human Rights' Commissioner was in Indonesia and he was talking with Indonesia Government and I believed he met with Marzuki Darusman, former attorney-general of Indonesia and chairman of the UN-appointed international fact-finding mission on human rights in Myanmar as well.
The Bengali Muslim refugee problem is not only problem, it Burmese Government has. In fact, the Bengali Muslims are actually they are undocumented aliens in Rakhine State.
They are descendants of former citizens of East Pakistan and British India.
Also, many Bengali Muslims arrived in Rakhine state from Bangladesh and claiming themselves Rohingya after East and West Pakistan civil war in 1970. Now the leaders of Bengali Muslims want a Muslim autonomy state in Rakhine State with backing from oil rich Middle East Governments and the OIC (Organization of Islamic Cooperation).
[This comment has been edited by RFA Editorial staff per our Terms of Use]
Mar 15, 2018 01:51 PM
