rohingya

Root Causes of Rohingya Crisis Must Not be Ignored

Root Causes of Rohingya Crisis Must Not be Ignored Expert comment sysadmin 28 September 2017

The focus on Aung San Suu Kyi masks the complete lack of an adequate response to the crisis in Myanmar, whether at the global or regional level.

A woman attends a broadcast of the live speech of Myanmar’s State Counselor Aung San Suu Kyi at City Hall in Yangon on September 19, 2017. Photo: Aung Kyaw Htet/AFP/Getty Images

Aung San Suu Kyi’s recent speech on the Rohingya crisis was - at best - light on details on how the current situation could be remedied and - at worst - full of easily disproven assertions.

While she does not directly control the military, it is her government that is blocking humanitarian access to the areas affected by the violence. And the Rohingya have faced systemic persecution and discrimination for decades.

Some may argue this is simply realpolitik and that any public support for the Rohingya could mean facing a backlash from the military and a large part of her support base. But arguably, she does have moral authority (which helped her in the past to stand up to the military generals) that is now being eroded by her ambivalence in speaking out.

However, the focus on Aung San Suu Kyi masks the complete lack of an adequate response to the crisis – whether at the global or regional level.

Undertaking dangerous and perilous journeys

Since the attacks on border and military posts by the armed group Arakan Rohingya Salvation Army (ARSA) in August 2017, there has been a strong military crackdown against the Rohingya in Rakhine state: a substantial number of Rohingya villages destroyed; close to half a million people Rohingya fleeing into Bangladesh and tens of thousands internally displaced within Myanmar.

Prince bin Ra’ad , UN High Commissioner for Human Rights, has called the crisis a “textbook example of ethnic cleansing” and tens of thousands of Rohingya are still undertaking dangerous and perilous journeys seeking sanctuary. In response, the UN and EU have focused on addressing the immediate humanitarian crisis in Bangladesh, which is already home to many formerly displaced Rohingya communities.

Within the region, Sheikh Hasina’s secular Awami League government in Bangladesh initially proposed joint military operations with Myanmar against the ARSA - in part because of concerns about the long standing relationship between Rohingya political or armed groups and the Jamaat-e-Islami, an ally of the main opposition Bangladesh Nationalist Party (BNP).

However, faced with massive refugee flows, Bangladesh turned its focus to the humanitarian crisis while stressing that Myanmar must allow the return of refugees. Bangladesh’s concern is partly motivated by internal security concerns. If the current situation becomes protracted, with no clear resolution in sight, frustration could create the conditions for further radicalisation within Rohingya communities.

The Association of South East Asian Nations (ASEAN) has yet to come to grips with the situation. Despite its mandate to ensure peace and stability within the region, its policy of non-interference and consensus trumps the need to secure and maintain stability. Instead countries have responded bilaterally - for example, Indonesia sent its foreign minister to both Myanmar and Bangladesh while Malaysia has been consistently vocal about its concerns.

So this raises broader questions on the effectiveness of ASEAN. Currently celebrating its 50th anniversary, ASEAN needs to decide how to mediate and resolve issues with regional implications as its principle of non-intervention effectively blocks any constructive discussion on the Rohingyas ongoing statelessness and impact of this on the region.

However, there is also an opportunity here for ASEAN to consider how mediation and negotiation could potentially manage such crises. And there is a historical precedent: the 1989 Comprehensive Plan of Action on Indo-Chinese refugees saw cooperation between recipient countries in the region and the international community on how to resettle Vietnamese refugees (although Cold War considerations did play a part in that specific crisis).

India and China have both backed Myanmar, reflecting their economic and security interests in the country but also motivated by each wanting to contain the influence of the other within Myanmar. Rakhine is important with its natural resources and coastal location and, as China is not directly affected by the refugee crisis, it has less to lose than others in standing by Aung San Suu Kyi and her government.

India is nearing completion of the Kaladan Multi-modal Transit Transport Project, connecting the Bay of Bengal with the northeast Indian state of Mizoram, and sees Myanmar as an important market for its regional ambitions. For parts of the Indian administration, the crisis plays to a domestic narrative that some of the Rohingya already settled in Jammu and Kashmir have links to armed groups in Pakistan and are an internal security concern.

So while India is providing humanitarian aid to Bangladesh, it is also threatening to deport almost 40,000 Rohingya. The case is currently being heard at the Indian Supreme Court, but given that the Rohingya lack citizenship in Myanmar, it is not clear to where they would be deported.

Myanmar, ASEAN and other affected countries need to show political will to find a solution to the Rohingya’s long-standing issue of statelessness - discrimination was legally formalised in a 1982 Burma Citizenship Law, which recognised 135 ethnicities for citizenship but excluded the Rohingya.

The root causes of this crisis – long standing discrimination, persecution and lack of citizenship – cannot be ignored. There is a need for a comprehensive peace process, which recognises the ethnic and religious diversity within Myanmar.

And incentives, such as improving infrastructure, access to services and livelihoods, may also be needed to ensure there is a lasting solution that allows the Rohingya return and thrive as part of Myanmar society.

Without such a response, it is difficult to see an end to the current impasse.




rohingya

The Hard Truth Is Rohingya Refugees Are Not Going Home

The Hard Truth Is Rohingya Refugees Are Not Going Home Expert comment sysadmin 6 October 2017

The only likely outcome of the crisis is the near-permanent presence of hundreds of thousands of Rohingya along the Bangladesh border.

A Rohingya refugee camp in Bangladesh. Photo: Getty Images.

The harrowing scenes of human suffering on the Myanmar–Bangladesh border have provoked outpourings of sympathy and some firm statements by international politicians. At least half a million people have been brutally expelled from their homes and are now living in miserable conditions in muddy refugee camps and storm-drenched shanty towns. As the international community debates how to respond, it needs to take a clear-eyed view of the situation and recognise a brutal truth: the refugees are almost certainly not going home.

Consequently, policymakers must not hide behind the fiction that Bangladesh is only temporarily hosting the refugees in preparation for their rapid return home. Over-optimistic assumptions now will lead to worse misery in the long term. Instead, the world needs to plan on the basis that Bangladesh will be hosting a very large and permanent refugee population.

The expulsion of the Rohingya Muslims from Rakhine State in northwestern Myanmar is the culmination of decades of discriminatory policies enacted by the country’s military rulers since 1962. In 1978, the Burmese military’s ‘Operation Dragon King’ pushed 200,000 Muslims into Bangladesh. International pressure forced the military to allow most of them to return. Then, in 1991–92, the military again expelled a quarter of a million people. Bangladesh forced some of them back over the border and eventually the military agreed to allow the United Nations High Commissioner for Refugees to manage the repatriation of most of the remainder.

State-sponsored abuses of the Rohingya and ethnic violence perpetrated against them by chauvinists among the ethnic Rakhine population have continued. The abuse became dramatically worse in 2012 when tens of thousands of Rohingya were forced to flee their homes, although most remained inside the country. This year, armed attacks by self-proclaimed defenders of the Rohingya, the Arakan Rohingya Salvation Army, gave the military an excuse to mount what the UN High Commissioner for Human Rights called ‘a textbook example of ethnic cleansing’.

It is tempting to believe that, as before, the Myanmar government will allow the expelled Rohingya to return after international pressure. However, recent geopolitical developments in southeast Asia and the election of a democratic government in Myanmar in 2015 make this much less likely.

Southeast Asia is now an arena of geopolitical competition between China and its rivals: mainly the United States, India and Japan. All are battling for influence. Both China and India have made public statements of support for Myanmar’s government in the current crisis. In that context, diplomatic pressure or economic sanctions imposed by Europe or the United States will only have one effect – to push Myanmar towards China.

Moreover, those in the EU and US who want to see democracy survive in Myanmar will be unwilling to push the elected government led by Aung San Suu Kyi too far. There is an extraordinary degree of hostility towards the Rohingya among the majority Bamar population. This has broken out into street violence on occasions but even where the situation is calm, anti-Muslim prejudice is easily awoken. The current government is very unlikely to challenge such sentiments at a time when it is trying to preserve its position against the military’s continuing domination of political and economic life.

Myanmar is one of the 10 members of the Association of Southeast Asian Nations but ASEAN is unlikely to impose any meaningful pressure. Only Malaysia has been publicly critical of Myanmar’s government. Indonesia has attempted to mediate – its foreign minister Retno Marsudi has held face-to-face meetings with Aung San Suu Kyi – but without apparent effect. Both countries have sent aid and volunteers to the Rohingya refugee camps but there is absolutely no talk of sanctions or other overt pressure.

The question then is: what will happen to the refugees? One option could be resettlement, but neither Bangladesh nor any of the other states in the region are willing to take them in. Malaysia already hosts 60,000 registered Rohingya refugees and probably another 150,000 unregistered ones. Unknown thousands of Rohingya have fled to Thailand and Indonesia by boat but have often fallen victim to unscrupulous human traffickers in cahoots with local officials. Thailand has already said it will refuse to allow new ‘boat people’ to land.

The only likely outcome therefore is the near-permanent presence of hundreds of thousands of Rohingya along the Bangladesh border. Delaying preparations for a permanent refugee population in the hope that they will be allowed to re-cross the border back into Myanmar will only make the situation worse. Seventy years ago, another ‘temporary’ movement of people into refugee camps created decades of instability around the Middle East. The world must remember the Palestinians as it plans for the future of the Rohingya.




rohingya

The Rohingya Crisis: Three Years On

The Rohingya Crisis: Three Years On 17 September 2020 — 1:30PM TO 2:15PM Anonymous (not verified) 9 September 2020 Online

Speakers examine the current situation of the Rohingya people and assess the threat that COVID-19 poses to the health and human rights of refugees and displaced people.

It has been three years since a military-led crackdown forced more than 740,000 Rohingya to flee across the border into Bangladesh to escape collective punishment and violence in Myanmar.

Most refugees have sought shelter in Bangladesh’s Cox’s Bazar district, where access to clean water is limited, sanitation facilities are lacking, and due to overcrowding, social distancing is impossible.

While the number of reported COVID-19 cases has so far been relatively low, testing capacity remains limited and anecdotal reports from humanitarians suggest that COVID-19 has spread extensively through the refugee camps and the Bangladeshi host community.

The speakers also consider the different approaches taken by neighbouring states, regional and international organizations in responding to the crisis.

What can be done to address the needs of refugees in the short term and how can fundamental human rights be restored and protected during the time of COVID-19? What aid provision has been successfully delivered within Rakhine State and in what ways?

Ahead of elections in Myanmar in November, how can the international community persuade the Myanmarese government into positive action? And what would a sustainable solution to the Rohingya crisis look like and what are the competing views over how such a solution should be delivered?

This event is held in partnership with The Atlantic Council.




rohingya

As Rohingya refugees continue to flee from persecution, here’s how you can help

A Rohingya refugee girl poses with a chicken at the Balukhali refugee camp near Cox’s Bazar in Bangladesh. Photo by Jorge Silva/Reuters

More than 500,000 Rohingya Muslims have fled their homes since August to escape systematic violence at the hands of government soldiers in Myanmar. The U.N. has called the actions taken by Myanmar forces against the group “a textbook example of ethnic cleansing.”

A report released by Amnesty International on Wednesday documents widespread rape, killings and burnings of Rohingya across the Rakhine State in Myanmar. The report includes extensive interviews of Rohingya refugees who tell stories of live burnings, sexual violence and mass shootings at the hands of soldiers.

To escape persecution, Rohingya refugees are fleeing in droves to neighboring Bangladesh, a country described by some as a reluctant host for the thousands of refugees behind its borders. Conditions within Bangladesh show refugee camps beyond capacity, as organizations struggle to keep up with humanitarian aid.

Find out more: Rohingya Muslims have been denied citizenship in Myanmar since 1982, though they’ve lived in the area since the 12th century. They are not considered one of the country’s official ethnic groups. As such, their lack of official identity bars them from government services and travel.

Officials from Myanmar, a majority Buddhist state, claim Rohingya are actually immigrants from Bangladesh to justify their exclusion of the group. This most recent burst of violence comes from Myanmar’s crackdown following clashes with the Arakan Rohingya Salvation Army (ARSA). After the government declared ARSA a terrorist organization, the retaliation escalated into hundreds of Rohingya villages.

Where to give: BRAC, a top-ranked NGO based out of Bangladesh, is scaling up humanitarian efforts for clean water, health, sanitation and child care for refugees from Myanmar. You can learn more about their efforts here.

An emergency appeal was made by the Disasters Emergency Committee for immediate crisis relief funds. DEC distributes funds to 13 member aid organizations.
UNHCR, UNICEF and Save the Children have donation pages dedicated to the crisis, as does the International Rescue Committee. CNN’s Public Good page provides a user-friendly resource to find NGOs that match your giving goals.

To give to starvation relief, try Action Against Hunger or the World Food Programme.

Be sure to research organizations receiving your financial contributions, not only to find the best organization aligned with your goals, but also to avoid potential scams. For the latest information on aid organizations and charities, visit GuideStar or Charity Navigator to ensure your donations are going in the right direction.

The post As Rohingya refugees continue to flee from persecution, here’s how you can help appeared first on PBS NewsHour.




rohingya

Delhi HC quashes PIL seeking admission of Rohingya children in schools

Delhi High Court refuses plea to enroll Rohingya children in local schools, citing national security concerns




rohingya

Jharkhand Converted Into 'Dharmashala' For Rohingyas, Bangladeshi Infiltrators: Yogi Adityanath

Uttar Pradesh Yogi Adityanath alleged that the JMM-led government in Jharkhand fuelled corruption, anarchy and looting of natural resources.




rohingya

COVID-19: Delhi HC disposes of plea seeking relief for Rohingya refugees, directs petitioner to approach nodal officers




rohingya

Mantra Softech's Fingerprint Scanners Utilized for Providing Rohingya Refugee Certification

Government of India used Mantra Softech's fingerprint scanner to collect biometric data of Rohingyas Refugees and provide refugee certification.





rohingya

Justice for the Rohingya: Lessons from the Khmer Rouge Tribunal

8 April 2020

Sandra Smits

Programme Manager, Asia-Pacific Programme
The Cambodian case study illustrates the challenges of ensuring justice and accountability for the Rohingya in Myanmar.

2020-04-08-Rohingya.jpg

Coast guards escort Rohingya refugees following a boat capsizing accident in Teknaf on 11 February 2020. Photo: Getty Images.

International criminal justice provides a stark reminder that state sovereignty is not an absolute, and that the world’s most heinous crimes should be prosecuted at an international level, particularly where domestic systems lack the capacity or will to hold perpetrators to account. 

The post-Cold War period witnessed a dramatic rise in the number of international tribunals with jurisdiction over war crimes and serious human rights abuses in countries including Cambodia, East Timor, Rwanda, Liberia, Sierra Leone and Yugoslavia. With these processes approaching, or having reached the end of their dockets, many have called for the creation of new tribunals to address more recent conflicts, including the army crackdown in Myanmar in 2017 that resulted in evidence of crimes against humanity against the Rohingya

In January this year, the International Court of Justice (ICJ) imposed emergency provisional measures on Myanmar, instructing it to prevent genocidal violence against its Rohingya minority. But a final judgement is expected to take years and the ICJ has no way of enforcing these interim measures. Myanmar has already responded defiantly to international criticism

Model for justice

Myanmar is not the first country to face scrutiny for such crimes in Southeast Asia. The Extraordinary Chambers in the Courts of Cambodia (ECCC), more commonly known as the Khmer Rouge Tribunal was established in 1997 to prosecute Khmer Rouge leaders for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. This provides an opportunity to consider whether the Tribunal can act as a ‘hybrid’ model for justice in the region. 

The first lesson that can be taken from the Cambodian context is that the state must have the political will and commitment to pursue accountability. It was indeed the Cambodian government itself, who requested international assistance from the United Nations (UN), to organize a process for holding trials. The initial recommendation of the UN-commissioned Group of Experts was for the trial to be held under UN control, in light of misgivings about Cambodia’s judicial system. Prime Minister Hun Sen rejected this assessment and in prolonged negotiations, continued to spearhead the need for domestic involvement (arguably, in order to circumscribe the search for justice). This eventually resulted in the creation of a hybrid body consisting of parallel international and Cambodian judges and prosecutors with supermajority decision-making rules.   

It is worth noting that the Hun Sen government initially chose to do business with former Khmer Rouge leaders, until it became more advantageous to embrace a policy of putting them on trial. It is possible to infer from this that there will be no impetus for action in Myanmar until it is domestically advantageous to do so. At present, this appetite is clearly lacking, demonstrated by de-facto leader Aung San Suu Kyi shying away from accountability and instead defending the government’s actions before the ICJ.

One unique aspect of the Khmer Rouge Tribunal has been the vast participation by the Cambodian people in witnessing the trials as well as widespread support for the tribunal. This speaks to the pent-up demand in Cambodia for accountability and the importance of local participation. While international moral pressure is clear, external actors cannot simply impose justice for the Rohingya when there is no domestic incentive or support to pursue this. The reality is that the anti-Rohingya campaign has galvanized popular support from the country’s Buddhist majority. What is more, the Rohingya are not even seen as part of Myanmar so there is an additional level of disenfranchisement.

Secondly, the Cambodian Tribunal illustrates the need for safeguards against local political interference. The ECCC was designed as national court with international participation. There was an agreement to act in accordance with international standards of independence and impartiality, but no safeguards in place against serious deficiencies in the Cambodian judicial system. Close alliances between judges and the ruling Cambodian People’s Party, as well as high levels of corruption meant the tribunal effectively gave Hun Sen’s government veto power over the court at key junctures. Despite the guise of a hybrid structure, the Cambodian government ultimately retained the ability to block further prosecutions and prevent witnesses from being called. 

In Myanmar, political interference could be a concern, but given there is no popular support for justice and accountability for crimes committed against the Rohingya, the prospects of a domestic or hybrid process remain unlikely. However, there are still international options. The investigation by the International Criminal Court (ICC) into crimes that may have taken place on the Myanmar–Bangladesh border represents a potential route for justice and accountability. The UN Human Rights Council has also recently established the Independent Investigative Mechanism for Myanmar (IIMM), mandated to collect and preserve evidence, as well as to prepare files for future cases before criminal courts.

Finally, the Cambodian case illustrates the culture of impunity in the region. The ECCC was conceived partly as a showcase for international standards of justice, which would have a ‘contagion effect’ upon the wider Cambodian and regional justice systems. 

Cambodia was notorious for incidents in which well-connected and powerful people flouted the law. This culture of impunity was rooted in the failure of the government to arrest, try and punish the Khmer Rouge leadership. The Tribunal, in holding perpetrators of the worst crimes to account, sought to send a clear signal that lesser violations would not be tolerated in the same way. Arguably, it did not achieve this in practice as Cambodia still has a highly politicized judicial system with high levels of corruption and clear limits to judicial independence

What this illustrates is that the first step towards accountability is strengthening domestic institutions. The United Nation’s Special Rapporteur on the situation of human rights in Myanmar has urged domestic authorities to embrace democracy and human rights, highlighting the need to reform the judicial system in order to ensure judicial independence, remove systemic barriers to accountability and build judicial and investigatory capacity in accordance with international standards. Based on this assessment, it is clear that domestic institutions are currently insufficiently independent to pursue accountability.

The ECCC, despite its shortcomings, does stand as proof that crimes against humanity will not go completely unpunished. However, a process does not necessarily equal justice. The region is littered with justice processes that never went anywhere: Indonesia, Nepal, and Sri Lanka. International recourse is also challenging in a region with low ratification of the ICC, and the absence of regional mechanisms like the Inter-American Court of Human Rights, the European Court of Human Rights, and the African Court on Human and Peoples’ Rights (although their remit is not mass atrocity prosecutions). 

The Cambodian case study illustrates the challenges of ensuring justice and accountability within the region. The end of impunity is critical to ensure peaceful societies, but a purely legalistic approach will fail unless it is supported by wider measures and safeguards. It is these challenges, that undermine the prospects for ensuring justice for the Rohingya within Myanmar.




rohingya

Justice for the Rohingya: Lessons from the Khmer Rouge Tribunal

8 April 2020

Sandra Smits

Programme Manager, Asia-Pacific Programme
The Cambodian case study illustrates the challenges of ensuring justice and accountability for the Rohingya in Myanmar.

2020-04-08-Rohingya.jpg

Coast guards escort Rohingya refugees following a boat capsizing accident in Teknaf on 11 February 2020. Photo: Getty Images.

International criminal justice provides a stark reminder that state sovereignty is not an absolute, and that the world’s most heinous crimes should be prosecuted at an international level, particularly where domestic systems lack the capacity or will to hold perpetrators to account. 

The post-Cold War period witnessed a dramatic rise in the number of international tribunals with jurisdiction over war crimes and serious human rights abuses in countries including Cambodia, East Timor, Rwanda, Liberia, Sierra Leone and Yugoslavia. With these processes approaching, or having reached the end of their dockets, many have called for the creation of new tribunals to address more recent conflicts, including the army crackdown in Myanmar in 2017 that resulted in evidence of crimes against humanity against the Rohingya

In January this year, the International Court of Justice (ICJ) imposed emergency provisional measures on Myanmar, instructing it to prevent genocidal violence against its Rohingya minority. But a final judgement is expected to take years and the ICJ has no way of enforcing these interim measures. Myanmar has already responded defiantly to international criticism

Model for justice

Myanmar is not the first country to face scrutiny for such crimes in Southeast Asia. The Extraordinary Chambers in the Courts of Cambodia (ECCC), more commonly known as the Khmer Rouge Tribunal was established in 1997 to prosecute Khmer Rouge leaders for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. This provides an opportunity to consider whether the Tribunal can act as a ‘hybrid’ model for justice in the region. 

The first lesson that can be taken from the Cambodian context is that the state must have the political will and commitment to pursue accountability. It was indeed the Cambodian government itself, who requested international assistance from the United Nations (UN), to organize a process for holding trials. The initial recommendation of the UN-commissioned Group of Experts was for the trial to be held under UN control, in light of misgivings about Cambodia’s judicial system. Prime Minister Hun Sen rejected this assessment and in prolonged negotiations, continued to spearhead the need for domestic involvement (arguably, in order to circumscribe the search for justice). This eventually resulted in the creation of a hybrid body consisting of parallel international and Cambodian judges and prosecutors with supermajority decision-making rules.   

It is worth noting that the Hun Sen government initially chose to do business with former Khmer Rouge leaders, until it became more advantageous to embrace a policy of putting them on trial. It is possible to infer from this that there will be no impetus for action in Myanmar until it is domestically advantageous to do so. At present, this appetite is clearly lacking, demonstrated by de-facto leader Aung San Suu Kyi shying away from accountability and instead defending the government’s actions before the ICJ.

One unique aspect of the Khmer Rouge Tribunal has been the vast participation by the Cambodian people in witnessing the trials as well as widespread support for the tribunal. This speaks to the pent-up demand in Cambodia for accountability and the importance of local participation. While international moral pressure is clear, external actors cannot simply impose justice for the Rohingya when there is no domestic incentive or support to pursue this. The reality is that the anti-Rohingya campaign has galvanized popular support from the country’s Buddhist majority. What is more, the Rohingya are not even seen as part of Myanmar so there is an additional level of disenfranchisement.

Secondly, the Cambodian Tribunal illustrates the need for safeguards against local political interference. The ECCC was designed as national court with international participation. There was an agreement to act in accordance with international standards of independence and impartiality, but no safeguards in place against serious deficiencies in the Cambodian judicial system. Close alliances between judges and the ruling Cambodian People’s Party, as well as high levels of corruption meant the tribunal effectively gave Hun Sen’s government veto power over the court at key junctures. Despite the guise of a hybrid structure, the Cambodian government ultimately retained the ability to block further prosecutions and prevent witnesses from being called. 

In Myanmar, political interference could be a concern, but given there is no popular support for justice and accountability for crimes committed against the Rohingya, the prospects of a domestic or hybrid process remain unlikely. However, there are still international options. The investigation by the International Criminal Court (ICC) into crimes that may have taken place on the Myanmar–Bangladesh border represents a potential route for justice and accountability. The UN Human Rights Council has also recently established the Independent Investigative Mechanism for Myanmar (IIMM), mandated to collect and preserve evidence, as well as to prepare files for future cases before criminal courts.

Finally, the Cambodian case illustrates the culture of impunity in the region. The ECCC was conceived partly as a showcase for international standards of justice, which would have a ‘contagion effect’ upon the wider Cambodian and regional justice systems. 

Cambodia was notorious for incidents in which well-connected and powerful people flouted the law. This culture of impunity was rooted in the failure of the government to arrest, try and punish the Khmer Rouge leadership. The Tribunal, in holding perpetrators of the worst crimes to account, sought to send a clear signal that lesser violations would not be tolerated in the same way. Arguably, it did not achieve this in practice as Cambodia still has a highly politicized judicial system with high levels of corruption and clear limits to judicial independence

What this illustrates is that the first step towards accountability is strengthening domestic institutions. The United Nation’s Special Rapporteur on the situation of human rights in Myanmar has urged domestic authorities to embrace democracy and human rights, highlighting the need to reform the judicial system in order to ensure judicial independence, remove systemic barriers to accountability and build judicial and investigatory capacity in accordance with international standards. Based on this assessment, it is clear that domestic institutions are currently insufficiently independent to pursue accountability.

The ECCC, despite its shortcomings, does stand as proof that crimes against humanity will not go completely unpunished. However, a process does not necessarily equal justice. The region is littered with justice processes that never went anywhere: Indonesia, Nepal, and Sri Lanka. International recourse is also challenging in a region with low ratification of the ICC, and the absence of regional mechanisms like the Inter-American Court of Human Rights, the European Court of Human Rights, and the African Court on Human and Peoples’ Rights (although their remit is not mass atrocity prosecutions). 

The Cambodian case study illustrates the challenges of ensuring justice and accountability within the region. The end of impunity is critical to ensure peaceful societies, but a purely legalistic approach will fail unless it is supported by wider measures and safeguards. It is these challenges, that undermine the prospects for ensuring justice for the Rohingya within Myanmar.




rohingya

Justice for the Rohingya: Lessons from the Khmer Rouge Tribunal

8 April 2020

Sandra Smits

Programme Manager, Asia-Pacific Programme
The Cambodian case study illustrates the challenges of ensuring justice and accountability for the Rohingya in Myanmar.

2020-04-08-Rohingya.jpg

Coast guards escort Rohingya refugees following a boat capsizing accident in Teknaf on 11 February 2020. Photo: Getty Images.

International criminal justice provides a stark reminder that state sovereignty is not an absolute, and that the world’s most heinous crimes should be prosecuted at an international level, particularly where domestic systems lack the capacity or will to hold perpetrators to account. 

The post-Cold War period witnessed a dramatic rise in the number of international tribunals with jurisdiction over war crimes and serious human rights abuses in countries including Cambodia, East Timor, Rwanda, Liberia, Sierra Leone and Yugoslavia. With these processes approaching, or having reached the end of their dockets, many have called for the creation of new tribunals to address more recent conflicts, including the army crackdown in Myanmar in 2017 that resulted in evidence of crimes against humanity against the Rohingya

In January this year, the International Court of Justice (ICJ) imposed emergency provisional measures on Myanmar, instructing it to prevent genocidal violence against its Rohingya minority. But a final judgement is expected to take years and the ICJ has no way of enforcing these interim measures. Myanmar has already responded defiantly to international criticism

Model for justice

Myanmar is not the first country to face scrutiny for such crimes in Southeast Asia. The Extraordinary Chambers in the Courts of Cambodia (ECCC), more commonly known as the Khmer Rouge Tribunal was established in 1997 to prosecute Khmer Rouge leaders for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide. This provides an opportunity to consider whether the Tribunal can act as a ‘hybrid’ model for justice in the region. 

The first lesson that can be taken from the Cambodian context is that the state must have the political will and commitment to pursue accountability. It was indeed the Cambodian government itself, who requested international assistance from the United Nations (UN), to organize a process for holding trials. The initial recommendation of the UN-commissioned Group of Experts was for the trial to be held under UN control, in light of misgivings about Cambodia’s judicial system. Prime Minister Hun Sen rejected this assessment and in prolonged negotiations, continued to spearhead the need for domestic involvement (arguably, in order to circumscribe the search for justice). This eventually resulted in the creation of a hybrid body consisting of parallel international and Cambodian judges and prosecutors with supermajority decision-making rules.   

It is worth noting that the Hun Sen government initially chose to do business with former Khmer Rouge leaders, until it became more advantageous to embrace a policy of putting them on trial. It is possible to infer from this that there will be no impetus for action in Myanmar until it is domestically advantageous to do so. At present, this appetite is clearly lacking, demonstrated by de-facto leader Aung San Suu Kyi shying away from accountability and instead defending the government’s actions before the ICJ.

One unique aspect of the Khmer Rouge Tribunal has been the vast participation by the Cambodian people in witnessing the trials as well as widespread support for the tribunal. This speaks to the pent-up demand in Cambodia for accountability and the importance of local participation. While international moral pressure is clear, external actors cannot simply impose justice for the Rohingya when there is no domestic incentive or support to pursue this. The reality is that the anti-Rohingya campaign has galvanized popular support from the country’s Buddhist majority. What is more, the Rohingya are not even seen as part of Myanmar so there is an additional level of disenfranchisement.

Secondly, the Cambodian Tribunal illustrates the need for safeguards against local political interference. The ECCC was designed as national court with international participation. There was an agreement to act in accordance with international standards of independence and impartiality, but no safeguards in place against serious deficiencies in the Cambodian judicial system. Close alliances between judges and the ruling Cambodian People’s Party, as well as high levels of corruption meant the tribunal effectively gave Hun Sen’s government veto power over the court at key junctures. Despite the guise of a hybrid structure, the Cambodian government ultimately retained the ability to block further prosecutions and prevent witnesses from being called. 

In Myanmar, political interference could be a concern, but given there is no popular support for justice and accountability for crimes committed against the Rohingya, the prospects of a domestic or hybrid process remain unlikely. However, there are still international options. The investigation by the International Criminal Court (ICC) into crimes that may have taken place on the Myanmar–Bangladesh border represents a potential route for justice and accountability. The UN Human Rights Council has also recently established the Independent Investigative Mechanism for Myanmar (IIMM), mandated to collect and preserve evidence, as well as to prepare files for future cases before criminal courts.

Finally, the Cambodian case illustrates the culture of impunity in the region. The ECCC was conceived partly as a showcase for international standards of justice, which would have a ‘contagion effect’ upon the wider Cambodian and regional justice systems. 

Cambodia was notorious for incidents in which well-connected and powerful people flouted the law. This culture of impunity was rooted in the failure of the government to arrest, try and punish the Khmer Rouge leadership. The Tribunal, in holding perpetrators of the worst crimes to account, sought to send a clear signal that lesser violations would not be tolerated in the same way. Arguably, it did not achieve this in practice as Cambodia still has a highly politicized judicial system with high levels of corruption and clear limits to judicial independence

What this illustrates is that the first step towards accountability is strengthening domestic institutions. The United Nation’s Special Rapporteur on the situation of human rights in Myanmar has urged domestic authorities to embrace democracy and human rights, highlighting the need to reform the judicial system in order to ensure judicial independence, remove systemic barriers to accountability and build judicial and investigatory capacity in accordance with international standards. Based on this assessment, it is clear that domestic institutions are currently insufficiently independent to pursue accountability.

The ECCC, despite its shortcomings, does stand as proof that crimes against humanity will not go completely unpunished. However, a process does not necessarily equal justice. The region is littered with justice processes that never went anywhere: Indonesia, Nepal, and Sri Lanka. International recourse is also challenging in a region with low ratification of the ICC, and the absence of regional mechanisms like the Inter-American Court of Human Rights, the European Court of Human Rights, and the African Court on Human and Peoples’ Rights (although their remit is not mass atrocity prosecutions). 

The Cambodian case study illustrates the challenges of ensuring justice and accountability within the region. The end of impunity is critical to ensure peaceful societies, but a purely legalistic approach will fail unless it is supported by wider measures and safeguards. It is these challenges, that undermine the prospects for ensuring justice for the Rohingya within Myanmar.




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First, they erased our name : a Rohingya speaks / Habiburahman with Sophie Ansel ; translated by Andrea Reece.

Habiburahman, 1979-




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Bangladesh: All Rohingya Found at Sea Will Be Taken to Bhashan Char Island

After insisting for weeks it would take no more refugees, Bangladesh relents and rescues hundreds.




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Concerns for the Nearly 400 Rohingya Refugees Rescued off the Coast of Bangladesh

Nearly 400 Rohingya refugees have been rescued in Bangladesh after being at sea for two months.  Bangladesh coast guards reported rescuing 382 Rohingyas, including many women and children, who were starving and stuck on a boat as they were trying to reach Malaysia, the BBC reported on Thursday.  Coast guard spokesman Lt Shah Zia Rahman […]

The post Concerns for the Nearly 400 Rohingya Refugees Rescued off the Coast of Bangladesh appeared first on Inter Press Service.




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Two dozen Rohingya die of starvation on drifting boat; 382 rescued

Bangladesh coastguard officials say the ship was drifting for weeks after failing to reach Malaysia, and it is believe more boats may remain adrift.




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Caring for Rohingya Refugees With Diphtheria and Measles: On the Ethics of Humanity [Reflections]

Hundreds of thousands of Rohingya refugees arrived in Bangladesh within weeks in fall 2017, quickly forming large settlements without any basic support. Humanitarian first responders provided basic necessities including food, shelter, water, sanitation, and health care. However, the challenge before them—a vast camp ravaged by diphtheria and measles superimposed on a myriad of common pathologies—was disproportionate to the resources. The needs were endless, resources finite, inadequacies abundant, and premature death inevitable. While such confines force unimaginable choices in resource allocation, they do not define the humanitarian purpose—to alleviate suffering and not allow such moral violations to become devoid of their horrifying meaning. As humanitarian workers, we maintain humanity when we care, commit, and respond to moral injustices. This refusal to abandon others in desperate situations is an attempt to rectify injustices through witnessing and solidarity. When people are left behind, we must not leave them alone.




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On the ground in Myanmar: The Rohingya crisis and a clash of values

During my visit to Myanmar in mid-November, the latest of many since 2010, I witnessed new layers of complexity in the historical and political forces contributing to the Rohingya crisis. While the plight of the Rohingya population has galvanized international opinion, it has reinforced nationalist sentiment within a large segment of the Myanmar population and…

      
 
 




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The Rohingya people need help, but Aung San Suu Kyi is not to blame for their mistreatment

       




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No simple solution to the Rohingya crisis in Myanmar

Reporters on the scene are saying that 300,000 or more members of the Rohingya community (of Muslim faith) in Buddhist-majority Myanmar have fled across the border into Muslim-majority Bangladesh in the past two weeks. The refugees have been describing to reporters a litany of human rights abuses: homes burned, women raped, men beheaded, and more. …

       




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The humanitarian crisis facing the Rohingya in Myanmar

Lex Rieffel, nonresident senior fellow in the Global Economy and Development program, and Jonathan Stromseth, senior fellow in the Foreign Policy program, discuss the humanitarian crisis facing the Rohingya in Myanmar, also known as Burma. Rieffel and Stromseth provide background on the Rohingya, the events occurring in Southeast Asia, and recommend policy solutions to ease…

       




rohingya

On the ground in Myanmar: The Rohingya crisis and a clash of values

During my visit to Myanmar in mid-November, the latest of many since 2010, I witnessed new layers of complexity in the historical and political forces contributing to the Rohingya crisis. While the plight of the Rohingya population has galvanized international opinion, it has reinforced nationalist sentiment within a large segment of the Myanmar population and…

       




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Bangladesh quarantines hundreds of Rohingya boat people on island: officials




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Images shows Rohingya homes destroyed after deal struck

Images reveal villages continued to be destroyed even as Myanmar and Bangladesh struck a deal last month to return refugees from the ethnic Muslim minority, Human Rights Watch claims.




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Providing adequate ration to Rohingya refugees during COVID-19 lockdown: AAP govt to HC

The AAP government has told the Delhi High Court that adequate ration was being provided to Rohingya families at three camps in south and north east parts of the city during the coronavirus-induced lockdown. The submission was made by the Delhi government before a bench of Justices Manmohan and Sanjeev Narula, which was hearing a plea seeking immediate relief for the Rohingya families at settlements in Khajuri Khas in north east Delhi and Shram Vihar and Madanpur Khadar in south Delhi. Delhi government additional standing counsel Sanjoy Ghose and advocate Urvi Mohan also told the court that four hunger centres were being run near the settlements mentioned in the plea. The petitioner, Fazal Abdali, claimed that the Rohingyas at these three camps were being denied relief under the various schemes announced by the Delhi government to combat the coronavirus pandemic. The bench, however, noted that the petitioner had not given any specific particulars of the neglect faced by these families




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Rohingya refugees floating at sea land on Bangladesh island

At least 29 Rohingya refugees from a fishing boat floating in the Bay of Bengal for weeks have landed on an island in southern Bangladesh. The refugees, including 15 women and six children, landed on Bhasan Char island on Saturday and are believed to be from one of several boats stuck at sea.




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Rohingya refugees relocated to controversial Bangladesh island after weeks at sea




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B’desh relocates dozens of Rohingya to island




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Rohingya stranded on boat for weeks taken to Bangladesh island




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Bangladesh quarantines hundreds of Rohingya boat people on island: officials

The Bangladesh navy has rescued around 280 Rohingya Muslims from the Bay of Bengal, towing their stranded boat to an island where they will be quarantined as a precaution against the coronavirus, coast guard and naval officials said on Friday.




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Providing adequate ration to Rohingya refugees during COVID-19 lockdown: AAP govt to HC

The Bench was hearing a plea seeking immediate relief for the Rohingya families at settlements in Khajuri Khas in north east Delhi and Shram Vihar and Madanpur Khadar in south Delhi




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Delhi HC rejects petition asking COVID-19 packages for Rohingya refugees

The petition claimed that Rohingyas in Khajuri Khas, Shram Vihar, and Madanpur Khadar were not getting packages announced by the Delhi Government during the pandemic.




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Rohingya Muslim refugees: What fleeing from their homes in Myanmar looks like




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For Rohingyas, Tamil Nadu offers succour amid lockdown

A cyclone shelter building at Kelambakkam, which was recently given a fresh coat of paint, is the current home of nearly 100 Rohingyas who belong to 18 families. The neighbourhood is on the way to Mamallapuram, about 25 km from Tiruvanmiyur in south Chennai. While some Rohingya men work as butchers, some are helpers in restaurants and others do odd jobs like delivering goods on their fish cart.




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UN rights chief slams Kiren Rijiju’s deportation remark on Rohingyas




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India hits back on UN rights chief’s remark on Rohingyas




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Delhi High Court dismisses petition seeking relief packages for Rohingyas settled in national capital

The petition claimed that Rohingyas in Khajuri Khas, Shram Vihar, and Madanpur Khadar were not getting the relief packages announced by Delhi Government during the pandemic.