MYANMAR: Rohingya: the EU has not done all it can and could do more

IRF Roundtable (10.10.2020) – The Justice 4 Rohingya is circulating a letter to advocate for stronger measures from the EU to protect the Rohingya Muslims in Myanmar. See below for more information from their organization:

 

The Justice 4 Rohingya believes that:

 

  • The EU has not done all it can to ensure justice and accountability for the violations of international law against the Rohingya and other ethnic groups in Burma,
  • the EU has done all it can to support the humanitarian needs of Rohingya in Burma and of Rohingya refugees,
  • and the EU could do more to promote the rights of the Rohingya, both in Burma and in host countries such as Bangladesh.

 

The letter has very good concrete proposals to drastically step-up the actions in defense of one of the most discriminated and persecuted minority today in the world: the Rohingya.

 

Letter for the protection of the human rights of Rohingya in Burma

 

To: Ursula von der Leyen, President of the European Commission

David Sassoli, President of European Parliament

All Members of the European Parliament

Eamon Gilmore, EU Special Representative for Human Rights

 

Cc: Ahmed Shaheed, UN Special Rapporteur on FoRB

 

Dear Madams, Dear Sirs,

 

We write as an informal group of organizations and individuals who are scholars, religious leaders and human rights advocates. We are a truly multi-faith group, representing a high degree of diversity. While there is very little we agree on theologically, or politically, we all agree on the importance of religious freedom for all faiths and none.

 

We strongly believe that the European Union (EU) has not done all it can to ensure justice and accountability for the violations of international law against the Rohingya and other ethnic groups in Burma.

 

Neither has the EU done all it can to support the humanitarian needs of Rohingya in Burma and of Rohingya refugees.

 

We think that the EU could do more to promote the rights of the Rohingya, both in Burma and in host countries such as Bangladesh.

 

To this date, nor has the EU committed itself to implementing the recommendations of the Independent United Nations Fact-Finding Mission on Myanmar, available here: https://burmacampaign.org.uk/media/International-Fact-Finding-Report-on-Myanmar.pdf.

 

We understand that there is no single measure that can be taken to address the Rohingya crisis, and that it will take a combination of a wide range of measures. The following are five actions the EU can do immediately to start that process of helping to address the Rohingya crisis, that we advocate for.

 

Five steps the EU can take now to address the Rohingya crisis:

 

  1. Impose sanctions on military companies  

The Burmese military earns hundreds of millions of dollars a year through its vast range of military-owned companies. Burma Campaign UK has published a ‘Dirty List’ exposing international companies linked to military-owned companies.

 

The EU should immediately impose sanctions to stop British companies and others doing business with the military and helping to fund genocide. The Independent United Nations Fact-Finding Mission on Myanmar, and Burmese human rights activists, including Justice For Myanmar, have called for such sanctions.

 

  1. Join the genocide case at the International Court of Justice  

 

Gambia has brought a case against Burma at the International Court of Justice that Burma is in breach of the Genocide Convention. Gambia is supported in the case by 56 other members of the Organisation of Islamic Co-operation, the Maldives, Canada and the Netherlands. The British government has refused to join.

 

  1. Stop funding the Union Election Commission  

 

The Union Election Commission (UEC) is responsible for the administration of elections in Burma. Its members are appointed by the government. The UEC discriminates against Rohingya seeking to be candidates in Burma’s elections, banning them from standing. It has also acted in a discriminatory way against Muslim and other potential ethnic candidates. The UEC receives funding from the British government, as well as from the European Union, Norway and other countries.

 

  1. Protect and increase funding for refugees and IDPs  

 

International donors, including the UK, do not prioritise the need of refugees and IDPs from Burma when making aid spending decisions. In recent years, aid to refugees in Thailand has even been cut, causing immense suffering to vulnerable populations.

 

With significant cuts in the UK and EU aid budgets on the way, the funding for IDPs and refugees should not only be ring-fenced, but actually increased. These populations are aid dependent and as a number of governments are unwilling to take steps to help them return home safely, we have a special responsibility for their wellbeing.

 

  1. Citizenship is essential for safe return of Rohingya refugees and addressing root causes. Real pressure is needed on Aung San Suu Kyi’s government  

 

Just as the military must be held accountable for their crimes against the Rohingya and other ethnic groups, so must Aung San Suu Kyi’s government. Aung San Suu Kyi is breaking international law by denying the Rohingya citizenship, restricting international aid to the Rohingya and implementing a range of laws and policies which are designed to make life unbearable for the Rohingya, and which are part of the genocide against them.

 

Years of attempting quiet diplomacy to persuade Aung San Suu Kyi to change her discriminatory policies against the Rohingya have completely failed. During the first five years of her government, the situation of the Rohingya has deteriorated on every level, and elections in November 2020 again exclude Rohingya from voting and standing as candidates.

 

The EU Institutions should publicly advocate for an immediate change to the Citizenship Law in Burma to ensure that the Rohingya’s right to citizenship is recognised. The EU Institutions should review whether it should continue to provide development and humanitarian support to and through the government, in light of the appalling human rights record of Aung San Suu Kyi’s government.

 

We therefore respectfully request you to take these proposals into account, and step-up drastically the actions in defence of one of the most discriminated and persecuted minority today in the world: the Rohingya.

 

If you want to sign this letter, write to contact@forbroundtable.org




MYANMAR: About the Rohingya crisis

Paper presented by HRWF at a conference on “Rohingya refugees in Bangladesh” at the European Parliament.

 

By Hans Noot, Human Rights Without Frontiers

 

HRWF (08.11.2019) – Freedom of Religion or Belief has been legally guaranteed by most nations. However, it’s rare for these legal protections to be fully implemented or complied with. Increasingly, converting or changing religions, sharing religious or non-religious beliefs, and being a member of a religious community that is not mainstream is resulting in workplace discrimination and unemployment. Moreover, legal remedies are often not accessible or effective when people are harassed by fellow citizens or local magistrates on the basis of their ethnicity, tradition, or religious affiliation. In extreme cases, States themselves structurally sponsor discrimination or commit genocide against certain religious or ethnic groups.

 

One such case is that of the Rohingya in Myanmar (Burma). Since the 1960s, more than a million Muslims living in Myanmar have fled to neighbouring countries. Over the past few years alone, 200 thousand Rohingyas fled to Saudi Arabia; 10 thousand to the United Arab Emirates; 350 thousand to Pakistan; 40 thousand to India; 5 thousand to Thailand; 150 thousand to Malaysia; 100 to Indonesia; and 890 thousand to Bangladesh, which greatly overstretched the country’s already insufficient resources. This has been described as the world’s fastest growing refugee crisis. Half a million of Rohingya are currently living in makeshift camps with inadequate facilities, meager food, and a bare minimum of medical assistance.

 

The latest outburst of atrocities began in August 2017 when local Buddhist extremists in Rakhine province, supported by the military, began what the then-UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein described as a “textbook example of ethnic cleansing”. There was looting, burning shops and villages, torture, arbitrary detentions, forced labor, forcible recruitment, extortion, gang rapes, trafficking, beatings, and mass killings with an estimated 36 thousand people literally thrown into fire. More than 43 thousand Rohingya parents have been reported lost since then, and are presumed dead.

 

State-sanctioned discrimination began in 1982 with the so-called Burma Citizenship Law. This law denies people of Rohingya ethnicity, the majority of Myanmar’s Indian and Chinese population, and other so called “Bengali”, their legal status at citizens which is a fundamental human right. For the Rohingya, this is particularly illogical as they have lived in Myanmar for centuries. This citizenship law renders them stateless and thus refugees within their own country of birth. The consequences of this law is that they are severely restricted from accessing basic human rights. Without citizenship, it is nearly impossible to study, work, travel, marry, practice Islam, access health services, vote, practice medicine or law, or run for office in Myanmar. They have no National Registration Cards, nor ID numbers, which deprives them of the ability to buy or sell goods and services.

 

Freedom of movement, too, is a fundamental human right. However, Rohingya are not allowed to leave their village to find work, trade, fish, attend the funeral of a relative, or even visit a doctor without permission from military officials which is often at the cost of steep bribes. They are disproportionally over-taxed on their belongings and anything they catch, produce, buy or sell. This includes taxes for the birth of a child or the death of a family member. Such discrimination and restrictions make them vulnerable to confiscation of land, extortion, theft, rape, torture, arson, displacement, and even murder, without avenues for retribution. Additionally, Myanmar has been using forced labor to build the infrastructure of the North Arkan state, and specifically targets the Rohingya population for this. Many thousands of those workers have died of malnutrition. According to Amnesty International, sixty percent of the 650 thousand that fled the Rakhine State recently are school aged children, many of them without living parents.

 

The Myanmar government has denied both the severity of the situation as well as its contribution to it. The army chief told Pope Francis in November 2017 that there was “no discrimination in this country”, and praised the military for maintaining peace and stability. Surprisingly, the country’s de facto civilian leader and Nobel Peace Prize laureate Aung San Suu Kyi, declined to discuss the plight of the Rohingya and instead blamed the whole matter on a “huge iceberg of misinformation”. Simultaneously, in January 2018, the government proposed that tens of thousands of Rohingya should be “forcefully relocated” to the uninhabitable island of Thengar Char in the Bay of Bengal. This proposal is illogical and concerning since this island floods each year during the monsoon season.

 

Putting aside accusations of government complicity in ethnic cleansing, there are many questions regarding underlying issues within this current human rights crisis. Why would Myanmar deny millions of their own people the right of citizenship and other basic human rights? How does the government explain the large numbers of men, women and children who risk their lives on hazardous roads with landmines laid by the military, or on the treacherous waters of the Bay of Bengal and the Andaman Sea, just to escape? Why does the international community seem relatively powerless when it concerns ethnic cleansing, a severe crime against humanity? Where are the trials that the UNHCR High Commissioner has called for to bring justice to the generals responsible for alleged acts of genocide? Why are journalists and aid workers not allowed to enter the Rakhine state? Why are UN investigators denied visas to investigate the violence there? Where is the outcry and media campaigns in the West that makes the general public aware of these atrocities? Many are unaware of the Rohingya crisis and most people are deeply shocked to hear the extent of the atrocities that have occured.

 

That being said, it is important to point out the enormous sums of money donated by various UN agencies, the EU, the USA, and some States, as well as the efforts of neighboring countries such as Bangladesh, India, and Pakistan in receiving the influx of Rohingya. Despite official denial of the government that there is a crisis, the Myanmar government responded across Ministries and agencies by designating land for the Rohingya, coordinating relief, and allowing private individuals to donate. As a result of international cooperation, almost 100 thousand people have been treated for malnutrition, and hundreds of thousands of children have been vaccinated for diphtheria, tetanus and whooping cough. Meanwhile, the US House of Representatives has exerted great political pressure, declaring the crisis in Myanmar as a genocide. The EU Parliament has raised concerns with its resolution 2576 of 14 June 2018, and some Fact Finding Missions have been conducted.

 

However, more action is needed such as: the lifting of limitations for journalists and other monitors; large scale media attention to raise awareness; supplies, such as food and clean water, feminine hygiene products, and cooking utensils; maternity care, cyclone resistant shelters, sanitation facilities; basic medicine and hospital facilities to treat and avoid measles, diarrhea, and cholera. Schooling is needed for the estimated 300 thousand children who were displaced. Additional immediate assistance should include financial support to help rebuild homes, and coordination with neighboring countries to combat the trafficking of Rohingya women. Lastly, Bangladesh, which has taken in the highest number of Rohingya refugees, needs more assistance from the international community.

 

Creating stability and sustainable peace in Myanmar must go beyond these short-term measures. The Rohingya population urgently need to receive legal recognition. This would allow them to settle permanently and enter the formal labour market, which would boost the economy, something that is sorely needed. Additionally, the Myanmar government would legitimise its authority over the Rankine and other states where the Rohingya outcasts settled centuries ago. Another long-term action would be investigating Myanmar’s top military brass, including General Ming Aung Hliang, for genocide, crimes against humanity, and war crimes. Furthermore, the government needs an overhaul with the aim of creating a political climate that respects human rights. Stockholm needs to re-think their refusal to strip certain laureates of the Nobel Prize such as Myanmar’s Aung San Suu Kiy unless it is willing to risk losing its credibility.

 

The crisis and suffering in Myanmar highlight the need for a regional commission that would be organised at the top level and have a clear and strong mandate to act, facilitate, coordinate, and inform regarding the Rohingya crisis. This proposed regional commission would consist of government representatives from the neighboring countries and would need the backing of global powers such as the UN, EU, USA, and the OSCE. It would create pressure on Myanmar to adhere to international law and would design and help implement a long-term road map to resolve the issue.

 

The Rohingya are known as “the world’s most persecuted minority”, and have been subjected to crimes against humanity at appalling levels. Every nation, aid organization, religious community, and human being should be alarmed by this situation and take action. The Rohingya need to be given their home back in a situation that guarantees their long-term safety and be given ample opportunity to thrive. While this may not be the first case of structural and severe mass suffering, we must strive that it be the last. We fail all of humankind when we do not act to uphold human dignity.