Rohingya
genocide continues unabated as Myanmar ignores the “World Court’s” provisional
measures.
The Myanmar
authorities have done nothing to improve the lives of Rohingya trapped in
Rakhine State where they continue to live under an oppressive and genocidal
regime, the Burmese Rohingya Organisation UK (BROUK) said in a news briefing
released today.
The briefing
shines a light on how Myanmar has failed to comply with provisional measures
imposed by the International Court of Justice (ICJ) in January 2020, which
ordered an end to genocidal acts against the Rohingya. Myanmar was required to
submit its first report on compliance with these measures on 23 May, although
the report has yet to be made public.
“Make no
mistake – the genocide against the Rohingya is continuing unabated in Myanmar.
The government and military have taken no meaningful steps whatsoever to
improve the situation in Rakhine State, where women, men, and children continue
to suffer a hellish existence,” said Tun Khin, President of BROUK.
“We do not
know yet what is in Myanmar’s report to the ICJ, but the facts on the ground
speak for themselves. The international community, including the UN Security
Council, must redouble their pressure on Myanmar to comply with provisional
measures and end the attempts to wipe out the Rohingya as a people.”
“We also
urge the Court to make this report public as soon as possible, and for the UNSC
to hold public hearings on Myanmar’s compliance with provisional measures.
Rohingya should not be kept in the dark about our own fate – we have a right to
know what the world is doing to pressure Myanmar to end these crimes.”
Continued
violence and oppression
BROUK’s briefing
details how close to 600,000 Rohingya who remains in Rakhine State continue to
face severe oppression by both the civilian government and the military. While
the Office of the President in April 2020 issued directives to state actors to
comply with the Genocide Convention, in practice authorities have done little
to heed the ICJ’s provisional measures.
The situation in
Rakhine State has, if anything, worsened since January 2020 through escalating
conflict, a ban on mobile internet access in parts of the state, and the threat
of the Covid-19 pandemic. Fighting between the Tatmadaw and the Arakan Army has
escalated this year, displacing tens of thousands of people and killing dozens
of Rakhine, Chin, and Rohingya civilians through shelling and landmines.
On 14 May, two
Rohingya children – one 11-year-old boy and one 8-year-old girl – were killed
in a landmine blast in Buthidaung Township, highlighting the continued
devastating toll of the conflict on civilians caught in the crossfire. While
Myanmar in May declared a ceasefire to contain the Coronavirus, it has refused
to extend it to Rakhine and Chin States.
Myanmar has taken no
steps to end the widespread oppression of Rohingya, for whom Rakhine State
still resembles an open-air prison. Rohingya are effectively denied citizenship
under the 1982 Citizenship Law, while laws and policies impose severe
restrictions on their freedom of movement, making accessing healthcare,
education, and the labor market extremely difficult.
In its ruling in
January, the ICJ ordered Myanmar to end all genocidal acts “including
deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part.” The system of oppression
remains in place in Rakhine State, however, and authorities have made no
meaningful efforts to reform it.
Token steps towards
accountability
The briefing
highlights how authorities have only taken token steps to end the widespread
impunity for the security forces who have committed serious human rights
violations against the Rohingya.
In February 2020, the
Tatmadaw announced it had initiated two Court-martials to look into killings
that took place in Maung Nu and Chut Pyin villages in northern Rakhine State.
Such court-martials have failed to deliver justice in the past, however, as the
military justice system in Myanmar lacks the necessary transparency and
impartiality to hold its own security forces to account.
In January, two days
before the ICJ’s provisional measures order, Myanmar’s own Independent
Commission on Enquiry (ICOE) published a 15-page summary of its findings.
Alarmingly, the summary glossed over many of the Tatmadaw’s crimes, including
sexual violence, and failed to assign blame to senior officers, including
Commander-in-Chief Min Aung Hlaing. ICOE has yet to make its full report
available, preventing independent scrutiny of the full extent of its
investigation and methodology.
“Myanmar’s own
attempts at accountability are nothing but window dressing for the
international community. Without genuine justice, there is no question that
Rohingya remain at serious risk of further severe human rights violations,
including genocidal acts,” said Tun Khin.
“Myanmar has tried to
destroy our people for decades, and it is obvious that this government has no
intention of genuinely implementing the ICJ’s provisional measures. The
international community must see through this charade and push Myanmar to lift
the inhumane laws and restrictions confining Rohingya to their villages in
Rakhine State.”
Apart from the case
that the Gambia brought to the ICJ, Myanmar is facing scrutiny through other
international justice avenues. In November last year, BROUK petitioned courts in
Argentina to open a universal jurisdiction case against Myanmar’s civilian and
military leaders for genocide and crimes against humanity. In the same month,
the International Criminal Court (ICC) authorised an investigation against
Myanmar for crimes against humanity.
“The momentum behind
international justice efforts now brings a glimmer of hope to millions of
Rohingya, but we need more help from the international community. We urge all
states to lend their support to the Gambia’s efforts at the ICJ, and to pursue
universal jurisdiction cases against Myanmar’s within their own countries,”
said Tun Khin.
“The UN Security
Council must also stop its shameful politicking over this ongoing genocide.
Member States must immediately call for a full referral of the situation in
Myanmar to the ICC.”
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