UN human rights documents on Myanmar

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Description: From 1991 to the present: General Assembly, Commission on Human Rights and Human Rights Council reports and resolutions, as well as NGO written statements
Source/publisher: United Nations
Date of entry/update: 2010-03-26
Grouping: Websites/Multiple Documents
Language: English (also available in Arabic, Chinese, French, Russian and Spanish)
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Description: "Human Rights Council Fifty-fifth session 26 February–5 April 2024 Agenda item 4 Human rights situations that require the Council’s attention Situation of human rights in Myanmar Report of the Special Rapporteur on the situation of human rights in Myanmar, Thomas H. Andrews* Summary The human rights and humanitarian crisis precipitated by the 2021 military coup has continued to worsen in Myanmar. The military junta has responded to mounting losses of troops and territory by escalating its aerial attacks on villages, blocking humanitarian aid, and announcing plans to draft thousands of young people into the military. Many have gone into hiding, fled the country, or joined resistance forces. The people of Myanmar have responded with courage, resolve, and defiance. Armed resistance forces are steadily gaining ground, securing territory as they hand junta forces stunning losses. Civil Disobedience Movement health care workers are working tirelessly to serve those in need even as clinics and hospitals are attacked. “Citizen sanctions” persist as people refuse to purchase goods or services that are linked to the junta. Silent strikes and “pop-up” protests demonstrate defiance and encourage a weary population. Many in Myanmar express deep disappointment in the international community’s response to the crisis. They are frustrated by the failure of the UN Security Council to act and see clear signals that Myanmar lacks significance to UN and world leaders, their rhetoric notwithstanding. In this report, the Special Rapporteur identifies opportunities for the international community to support the people of Myanmar. Member States should strengthen coordinated action to deprive a weakened junta of weapons, money, and legitimacy, take steps to ensure accountability for the perpetrators of atrocity crimes, and support the efforts of leaders forging a political framework for a just, peaceful, and democratic Myanmar. Donors and humanitarian organizations must ensure that desperately needed humanitarian aid reaches those with the greatest needs, including displaced populations in conflict areas. The Special Rapporteur urges the international community to seize these opportunities. *The present report was submitted to the conference services for processing after the deadline so as to include the most recent information..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2024-03-14
Date of entry/update: 2024-03-15
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Description: "NEW YORK (21 February 2024) – Myanmar’s military junta is becoming an even greater threat to civilians, even as it shows further signs of weakness and desperation through the imposition of mandatory military service, warned a UN expert. Tom Andrews, UN Special Rapporteur on the situation of human rights in Myanmar, today called for stronger international action to protect increasingly vulnerable populations. “While wounded and increasingly desperate, the Myanmar military junta remains extremely dangerous,” he said. “Troop losses and recruitment challenges have become existential threats for the junta, which faces vigorous attacks on frontlines all across the country. As the junta forces young men and women into the military ranks, it has doubled down on its attacks on civilians using stockpiles of powerful weapons.” On 10 February, the junta issued an order that purportedly brought the 2010 People’s Military Service Law into force. Citizen men aged 18 to 35 and citizen women aged 18 to 27 are eligible for conscription, though “professional” men and women can be conscripted up to the ages of 45 and 35 respectively. Those who evade military service or help others evade military service are subject to up to five years imprisonment. A junta spokesperson has indicated that the junta intends to conscript 5,000 individuals per month beginning in April. In the face of inaction by the Security Council, the Special Rapporteur urged States to strengthen and coordinate measures to reduce the junta’s access to the weapons and financing it needs to sustain its attacks on the people of Myanmar. “Make no mistake, signs of desperation, such as the imposition of a draft, are not indications that the junta and its forces are less of a threat to the people of Myanmar. In fact, many are facing even greater dangers.” “By seeking to activate the conscription law, the junta is trying to justify and expand its pattern of forced recruitment, which is already impacting civilian populations around the country. In recent months, young men have reportedly been kidnapped from the streets of Myanmar’s cities or otherwise compelled into joining the military’s ranks. Villagers have reportedly been used as porters and human shields,” said Andrews. “Young people are horrified by the possibility of being forced to participate in the junta’s reign of terror. The numbers fleeing across borders to escape conscription will surely skyrocket.” The Special Rapporteur also called for an infusion of humanitarian aid for impacted communities, including through the provision of cross-border aid. “I implore the international community to provide increased levels of humanitarian aid to those impacted by the conflict while supporting leaders committed to a democratic transition process that affirms human rights, transparency, and accountability,” he said. “Now, more than ever, the international community must act urgently to isolate the junta and protect the people of Myanmar.” ENDS Mr. Thomas Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar. A former member of the US Congress from Maine, Andrews is a Robina Senior Human Rights Fellow at Yale Law School and an Associate of Harvard University’s Asia Center. He has worked with the National Democratic Institute for International Affairs and parliamentarians, NGOs and political parties in Cambodia, Indonesia, Algeria, Croatia, Serbia, Ukraine and Yemen. He has been a consultant for the National Coalition Government of the Union of Burma and the Euro-Burma Network and has run advocacy NGOs including Win Without War and United to End Genocide. The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2024-02-21
Date of entry/update: 2024-02-21
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Description: "GENEVA (6 November 2023) -- A UN expert today urged UN Member States to save lives endangered by an intensifying military conflict in Myanmar by taking immediate measures to stop the flow of weapons that the military junta is using to commit probable war crimes and crimes against humanity. "Even though world attention is drawn to multiple conflicts and crises, immediate international action can have a significant impact on the rapidly evolving situation in Myanmar," he said. "Unlike other conflicts where there are calls for more and more weapons, UN Member States can make a critical difference in Myanmar by stopping the flow of weapons to a military junta that is responding to growing losses of territory and troops with indiscriminate attacks on villages", said Tom Andrews, UN Special Rapporteur on the situation of human rights in Myanmar. "There is no time to waste. In just the past few weeks more than a quarter of a million have been displaced throughout Myanmar," he said. "These developments should lay to rest any notion that the military can act as a stabilising or unifying force. The opposite is true. The junta is an agent of chaos and violence. Its relentless attacks and rampant human rights violations are unifying the country in opposition," the Special Rapporteur said. In late October, a military alliance in northern Shan State launched an offensive that has driven junta forces from scores of camps and wrested control of key border crossings on the border with China. In the following weeks, opposition forces in other parts of the country have also gone on the offensive, notching up military victories and taking key junta positions. The Myanmar military's control over the country---already tenuous before the launch of the offensive---appears to be seriously diminished, Andrews said. "The junta has responded to military losses in the same way it always has: by attacking civilians and obstructing humanitarian relief," Andrews said. The Special Rapporteur called on all parties to the conflict to comply with international humanitarian law, including by avoiding attacks on civilians and ensuring that prisoners of war are treated humanely and provided with medical care. Andrews said measures must be taken now to help ground junta jets and helicopter gunships that are attacking villages, schools, hospitals, and IDP camps. A key step is cutting off the junta's access to jet fuel. The international community must also take all available measures to facilitate the delivery of humanitarian assistance to displaced and vulnerable populations, the UN expert said. "The writing is on the wall for the illegal military junta of Myanmar. Governments, donors, and UN agencies must look to the future and proactively engage the National Unity Government, ethnic resistance organisations, and Myanmar civil society," Andrews said. "Now, more than ever, the international community should be working with them to help lay the foundation for a democratic and rights-respecting country." Mr. Thomas Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar. A former member of the US Congress from Maine, Andrews is a Robina Senior Human Rights Fellow at Yale Law School and an Associate of Harvard University's Asia Center. He has worked with the National Democratic Institute for International Affairs and parliamentarians, NGOs and political parties in Cambodia, Indonesia, Algeria, Croatia, Serbia, Ukraine and Yemen. He has been a consultant for the National Coalition Government of the Union of Burma and the Euro-Burma Network and has run advocacy NGOs including Win Without War and United to End Genocide. The UN Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity. For further information and media requests, please contact: [email protected] For media enquiries regarding other UN independent experts, please contact Maya Derouaz ([email protected]) or Dharisha Indraguptha ([email protected]). Follow news related to the UN's independent human rights experts on Twitter @UN_SPExperts..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-12-06
Date of entry/update: 2023-12-06
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Description: "MESSAGE FROM THE HEAD OF THE MECHANISM Almost daily, the Mechanism receives new reports of alleged war crimes and crimes against humanity committed in Myanmar. As detailed in our recent Annual Report and in my statement to the UN Human Rights Council on 11 September 2023, the Mechanism has collected copious evidence indicating that the Myanmar military has been committing bolder and more frequent attacks on civilians. The reports and accounts received show that these attacks include the intentional burning of villages, aerial bombardments and mass executions. Our Annual Report also notes that military authorities have not announced any investigations into these incidents, despite their duty under international law to take every reasonable measure to investigate and punish war crimes committed by those under their command. The evidence that the Mechanism collects and preserves is not intended to gather dust in storage but to be used to facilitate justice. The Mechanism has recently produced three analytical reports regarding crimes committed against the Rohingya, which it is sharing with the relevant authorities in the ongoing proceedings at the International Criminal Court, the International Court of Justice and in Argentina. These reports focus on the military chain of command in Rakhine State; the failure of the Myanmar authorities to investigate or punish sexual and gender-based crimes; and the organized spread of hate speech by the Myanmar military during the 2017 clearance operations. The unfortunate reality is that international justice is a slow process, and I know this only increases the suffering of victims of crimes. On 25 August, I participated in a number of events to mark six years since the horrific violence that displaced hundreds of thousands of Rohingya from Myanmar to Bangladesh. Six years on, no one has been held accountable for these crimes. That is six years too long. Justice requires a sustained effort, and the Mechanism is committed to seeing justice served. With thanks to the courageous individuals and organizations who have provided valuable information to us, we are collecting and analysing evidence in order to identify the individuals responsible for the most serious international crimes committed in Myanmar. The analytical reports and case files we are preparing can be used by courts or tribunals at any time in the future. The process of justice may be slow, but every piece of evidence we collect and analyse takes us closer to seeing perpetrators behind bars. We are motivated in our work by the hope that this cycle of impunity that has emboldened the Myanmar military to commit ever-more brazen crimes will be broken..."
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Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-10-19
Date of entry/update: 2023-10-20
Grouping: Individual Documents
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Description: "3 October 2023: The United Nations (UN) is failing Myanmar, says the Special Advisory Council for Myanmar (SAC-M). UN member States and their inter-governmental forums are failing to act, the UN Country Team (UNCT) is pursuing the same failed approach of appeasing the military despite growing risks and ever-fewer results, and UN Secretary-General António Guterres has neglected his responsibilities to the Myanmar people as head of the UN Secretariat, a new report by SAC-M has found. The report, How the UN Is Failing Myanmar, looks at the response from the UN’s component parts – the UN intergovernmental forums, the UN Secretariat and the UN Entities, represented in Myanmar by the UNCT – to the crisis in Myanmar caused by the coup that was launched by the military junta on 1 February 2021. For two and a half years, the junta has waged a campaign of atrocities against the civilian population in Myanmar that has left 2 million people internally displaced and up to 20 million people in need of humanitarian assistance. The UN system is failing to respond in a manner that reflects the gravity of the crisis and the objections of Myanmar civil society to the actions of UN officials are being ignored. “The junta is the root cause of civil war, poverty, inequalities, and injustices in our country,” said Nai Aue Mon, Program Director, Human Rights Foundation of Monland (HURFOM), a non-profit human rights and pro-democracy organisation in Myanmar. “We have urged UN agencies, regional and international actors to cut ties with the junta, to deliver humanitarian assistance directly to local humanitarian actors; and commit to meaningful engagement and collaboration with Myanmar’s legitimate stakeholders, including civil society organizations and local service providers.” “They must listen to our voices and stand in solidarity with us by supporting our calls,” Nai Aue Mon added. The report is written from the perspective of SAC-M’s members as former UN mandate holders on Myanmar, who, during their mandates, called for an inquiry into the involvement of the UN in Myanmar since 2011. The resulting inquiry published its findings in a 2019 report commonly referred to as “the Rosenthal Report”. It found ”systemic and structural failures” within and across the UN system that rendered the UN impotent in the face of massive human rights violations committed by the Myanmar military, including the atrocities committed against the Rohingya in 2016 and 2017. Measures taken by the Secretary-General to implement the Rosenthal Report’s recommendations have been insufficient. The UN’s failures in Myanmar are being repeated. “During the previous democracy uprising in 1988, the UN tried to use engagement with the military junta and it was a failure. We ended up with military rule for the next 30 years,” said Linn Yaung, a former university teacher in Yangon and current member of Myanmar’s Civil Disobedience Movement. “Now there’s an even more brutal junta led by Min Aung Hlaing. The UN’s strategy did not work then, so why do they think it will work this time?” SAC-M’s report identifies key ways in which the UN system is failing Myanmar in the current crisis and makes recommendations for change. The UN Security Council must enforce the junta’s compliance with Resolution 2669, including by imposing a comprehensive arms embargo and targeted financial sanctions on the junta, and refer the situation in Myanmar to the International Criminal Court. The UNCT must redefine its relationship with the junta and should coordinate directly with the National Unity Government, Ethnic Resistance Organisations and resistance authorities for humanitarian access. It should also support – but not co-opt – civil society networks engaged in the existing cross-border humanitarian response. This is the only effective way to reach all of those in Myanmar in need. Finally, the Secretary-General must fulfil his responsibility as the head of the UN Secretariat to lead the development of a unifying, comprehensive and coherent UN strategy on Myanmar with clear lines of responsibility to monitor and evaluate implementation and ensure accountability for UN actions. “The humanitarian provision from UN is not being effective and have not reached the people on the ground,” said Musel, a local humanitarian actor with Kyay Latt Myay, a local humanitarian group working in Karenni state of Myanmar. “In Karenni state, people who have been displaced due to the military attacks have not received any support from international humanitarian organizations, particularly from the UN agencies. There are some UN agencies in Karenni state, but they are only active in urban areas. They can only support where the junta allows them to reach… Therefore, I would like to urge the donors to support through cross-border.” Musel added: “To deliver humanitarian assistance effectively to the ground, the UN agencies must work together with local humanitarian service providers.” On the day that the military coup was launched, the Secretary-General issued a statement reaffirming “the unwavering support of the United Nations to the people of Myanmar in their pursuit of democracy, peace, human rights, and the rule of law”. That commitment has not been met. The people of Myanmar rightfully expect the UN’s support in their nation-defining struggle to free themselves once and for all from military dictatorship. The UN must end its cycle of failure in Myanmar. The UN must stand on the side of the Myanmar people..."
Source/publisher: Special Advisory Council for Myanmar
2023-10-03
Date of entry/update: 2023-10-03
Grouping: Individual Documents
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Source/publisher: Myanmar Information Management Unit (Myanmar) via "Reliefweb" (New York)
2023-09-25
Date of entry/update: 2023-09-29
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Description: "Advance unedited version Distr.: General, 19 September 2023 Original: English Human Rights Council Fifty-fourth session 11 September --6 October 2023 Agenda items 2 and 4 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights situations that require the Council's attention Summary Prepared pursuant to A/HRC/RES/50/3, this report identifies trends and patterns of human rights violations that occurred in Myanmar between 1 April 2022 and 31 July 2023. This report documents incidents affecting the civilian population with particular focus on military airstrikes, ground operations, and arson, and also covers acts of violence by anti-military armed groups. It further addresses human rights concerns of the Rohingya community. Recommendations are made to the military, the National Unity Government, and the international community. Introduction and methodology In resolution A/HRC/RES/49/23, the Human Rights Council requested the United Nations High Commissioner for Human Rights to monitor and assess the overall situation of human rights in Myanmar, with a particular focus on accountability regarding alleged violations of international human rights law and international humanitarian law, and to make recommendations on additional steps necessary to address the current crisis. It also requested presentation of a comprehensive report at its 54th session. This report presents findings from monitoring and verification activities conducted remotely by the Office of the High Commissioner for Human Rights (OHCHR) between 1 April 2022 and 31 July 2023. It examines trends and patterns in violations of international human rights law and, where applicable, of international humanitarian law, and examines where some of these violations may amount to crimes under international law. Paramount among these violations are killing of civilians, forced displacement, denial of humanitarian assistance, and extreme and systematic discrimination against the Rohingya by the Myanmar military. This report is based on 161 interviews conducted during the reporting period with primary and secondary sources, including victims and witnesses, regular consultations and collaboration with local and international organizations, United Nations entities, thematic experts, and other actors. Analysis of other primary sources, such as satellite images and official documents, and systematic monitoring of media and social media, contributed to the findings of this report. OHCHR submitted questionnaires to military authorities, the National Unity Government, and key ethnic armed organizations. Given the serious protection concerns of individuals reporting on violations occurring in Myanmar, this report prioritized full respect of the “do no harm” principle over any other consideration. Factual determinations of incidents and patterns were made where there were reasonable grounds to believe that relevant incidents had occurred. Figures of deaths likely represent an underestimation of realities on the ground. For purposes of this report, a mass killing is considered an alleged incident in which at least 10 civilians or persons hors de combat were killed. This report gives particular focus to key human rights and protection concerns deriving from the systematic use of indiscriminate attacks and attacks directed against the civilian population including, airstrikes, mass killings, and burning of villages. It also demonstrates that the intensity and brutality of military actions against the civilian population have increased over time, with complete impunity. Military actions have also resulted in interconnected humanitarian, political, and economic crises. imposing an unbearable toll on the people in Myanmar. Additionally, the report presents findings on the human rights situation of the Rohingya community, reiterating the lack of progress on the root causes of systemic discrimination, including on accountability, safety, citizenship, and fundamental freedoms. A seemingly endless spiral of military violence has engulfed all aspects of life in Myanmar. Since the coup, OHCHR has consistently investigated and reported the evolution of Myanmar’s human rights crisis and the military’s absolute disregard for international law and protection of civilians. Analysing the use of violence by the military against individuals opposing their power and the civilian population at large, clear patterns emerged demonstrating a continuous escalation in terms of number, type, intensity, and brutality of attacks. Shortly after the coup, the military unilaterally amended and instrumentalized the legal framework to stifle free expression, justify arbitrary deprivation of liberty, and deny thousands of activists, journalists, and human rights defenders due process and fair trial rights. Their tactics quickly evolved into systematic targeted killings and mass arrests, with torture and ill-treatment causing numerous deaths in custody. Increasingly, the military resorted to brutal campaigns against any perceived opponent. They increasingly rely on air and artillery strikes on villages and other populated areas, burning of villages, executions and killings, torture, arbitrary detentions, enforced disappearances, forced displacement, denial of humanitarian access, and persecution. Depending on the circumstances, some of these acts may constitute crimes against humanity and/or war crimes. Amid a surge in the military’s reliance on fighter jets and helicopter gunships, violence has continued to escalate, as epitomized in April 2023 through multiple airstrikes on Pa Zi Gyi village, Sagaing, resulting in the largest mass casualty incident recorded since February 2021. The military’s increasing use of air power and munitions exhibited the military’s growing reliance on heavy weapons and materiel that can only be purchased from foreign sources. To do so, they rely on access to foreign currency to purchase such military hardware, support services, and aviation fuel. Thus far, targeted measures have shown some limited success in degrading the military’s offensive capacity, suggesting that more comprehensive, concrete, and meaningful international sanctions of this sort are urgently needed to curtail the military’s capacity for continuing its campaign of violence and repression. Concerns arise also with regard to violations and abuses by anti-military armed groups and elements. While not comparable to the military’s violence in scale, proportion, or scope, such abuses exacerbate protection concerns of the civilian population. This situation requires decisive actions by the National Unity Government and relevant armed groups to ensure accountability and prevent impunity for human rights abuses by respective forces under their control..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-09-19
Date of entry/update: 2023-09-26
Grouping: Individual Documents
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Description: "Mister President, Excellencies, It is an honour to appear before you to present the fifth Annual Report of the Independent Investigative Mechanism for Myanmar. Last year I reported to this Council an increase in serious international crimes committed in the country. Tragically, the frequency and intensity of war crimes and crimes against humanity has only increased in recent months. In the past year we have seen more brazen aerial bombings and indiscriminate shelling, resulting in the deaths of innocent civilians including children. We have also seen increased executions of captured combatants and civilians and intentional burnings of homes and villages. There has also been a rise in the number of arrests without due process and we have collected credible evidence that some detainees have been subjected to torture, sexual violence, and other severe mistreatments. The ongoing violence has forced our Mechanism to expand its inquiries to many parts of the country, but we retain our commitment and focus on collecting and analysing evidence of the campaign against the Rohingya population during the 2016 and 2017 clearance operations. We have collected compelling evidence of the widespread burning of Rohingya villages and the assaults and killings of civilians. I have been particularly horrified by the numerous accounts of sexual crimes that we have collected. Mr. President, The quantity of evidence and information we have been able to collect in the past year from individuals and organizations is unprecedented and frankly, unanticipated. With this increased workload and our limited resources, we have had to strategically focus our investigations on the gravest crimes where the impact on victims has been the most severe. We continue to face the challenge of not having access to Myanmar. Our repeated requests for information and access have been ignored by the military authorities. We also face challenges in conducting investigative activities in other countries where witnesses and information providers are located. To compensate, we have embraced innovative technology to propel our investigations. Our Open-Source team uses cutting edge technology to analyse and verify large quantities of material, such as videos, photographs and other information posted on social media. We are also using geospatial imagery to determine damage to villages before and after attacks. This type of evidence is then cross-checked against the information received from at least 700 sources, including more than 200 eyewitness accounts. We have also begun a dedicated inquiry into financial information related to entities and individuals that have contributed to, or benefitted from, the serious international crimes committed in Myanmar. We are looking at weapon supply chains, and the dispossession of land, homes, and businesses, particularly during the clearance operations in Rakhine State. Mr. President, We understand this Council did not create our Mechanism to simply place evidence in storage. Rather, we intend to use the evidence to facilitate justice and accountability in courts and tribunals willing and able to prosecute these cases. We are currently sharing information and evidence with three ongoing proceedings focused on crimes committed against the Rohingya at the International Court of Justice, the International Criminal Court and in Argentina. We are now finalising three analytical reports to share with these authorities concerning: the military chain of command in Rakhine State; the failure of Myanmar authorities to investigate or punish sexual and gender-based crimes; and the organized spread of hate speech content on Facebook by the Myanmar military during the 2017 clearance operations. I am particularly grateful to the brave survivors of these crimes who have shared their testimonies. None of our work would be possible without the courage and commitment of the many individuals and organizations that provide us with information. We are using the most advanced technologies to ensure that their interactions with us have the highest level of security and confidentiality. I am also very grateful for the support of this Council and call on all Member States committed to ending the violence in Myanmar to support our work and give us the access we need to witnesses and information on their territories. Mr. President, The Myanmar people are suffering deeply from the effects of these ongoing horrific crimes. I would like them to know that the Mechanism is committed to pursuing justice for them and focusing all our efforts to ensure that the perpetrators will one day be held to account..."
Source/publisher: Independent Investigative Mechanism for Myanmar
2023-09-11
Date of entry/update: 2023-09-11
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Sub-title: Statement for the Interactive Dialogue on the Independent Investigative Mechanism on Myanmar. As delivered by the UK Human Rights Ambassador, Rita French.
Description: "Thank you, Mr President. The UK is grateful for the Mechanism’s continued work to facilitate justice and accountability in Myanmar. Its latest report brings to light the scale of the Myanmar military’s brutal tactics. The reporting of the military’s brutal actions against the people of Myanmar, including indiscriminate targeting and killing of civilians through airstrikes and the large-scale burning of homes, is truly alarming. Accountability is the only way to end the culture of impunity in Myanmar. And the UK is committed to supporting this goal - providing £500,000 to the IIMM (Independent Investigative Mechanism on Myanmar), establishing the Myanmar Witness programme, and leading efforts to secure the first ever UN Security Council Resolution on the situation in Myanmar, urging all parties to respect human rights and end violence. To successfully collect evidence and continue to meet its mandate, the Mechanism relies on the cooperation of all UN and international partners. Without the cooperation of all UN entities, the Mechanism would not be able to undertake vital activities to hold the Myanmar military to account. High Commissioner, Mr President, What more can Member States do to facilitate the Mechanism’s collection of evidence and witness statements? Thank you..."
Source/publisher: GOV.UK
2023-09-11
Date of entry/update: 2023-09-11
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Description: "The following statement was issued today by the Spokesperson for UN Secretary-General António Guterres: 25 August marks six years since the forced mass displacement of Rohingya people and other communities from Myanmar’s Rakhine State. Rohingya people remain displaced domestically and abroad, including around 1 million Rohingya in Bangladesh. The vulnerabilities faced by people of Myanmar, including the Rohingya, have been compounded by the ongoing conflict and by the devastation caused by Cyclone Mocha. The United Nations will continue to support efforts to create conditions that would be conducive to the voluntary, safe, dignified and sustainable return of Rohingya refugees to their places of origin in Myanmar. The Secretary-General calls on all stakeholders to redouble efforts to find comprehensive, inclusive and durable solutions that can adequately address the root causes of systemic discrimination and violence in Myanmar, and to respond to the growing protection crisis and humanitarian needs while strengthening refugee protection efforts in the region for those fleeing persecution and violence. Bangladesh has demonstrated humanitarian commitments and generosity, which must be acknowledged through shared responsibility. More must be done to support the Joint Response Plan and prevent a broader humanitarian crisis. The United Nations is committed to working with all stakeholders, including regional actors, to help resolve the crisis and seek accountability and justice for victims towards a sustainable peace in Rakhine State and all of Myanmar..."
Source/publisher: UN Secretary-General
2023-08-25
Date of entry/update: 2023-08-25
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Description: "MYANMAR Ongoing fighting in several states and regions across the country has resulted in additional new displacement and an increase in humanitarian needs, particularly in Kachin, Mandalay, and the Northwest. In Kachin, continued armed clashes and heavy military deployment have forced another 200 families (more than 1,100 people) in Shwegu township into displacement, bringing the total number of newly internally displaced people (IDPs) in this township to nearly 20,000 since early March 2023. In Mandalay, nearly 10,000 people have been displaced since mid-July due to continued fighting in Thabeikkyin township and are especially in urgent need of food and healthcare. In the Northwest, more than 7,150 IDPs in four townships in Sagaing are in urgent need of food, water, shelter, and hygiene kits. In addition, at least ten houses and a church in eastern Bago, Chin, Kayin, Mon, southern Shan, and Tanintharyi were reportedly destroyed during the reporting period. As of 14 August, the total displaced people in the country stands at more than 1.9 million across the country, with over 1.6 million people having been displaced since 1 February 2021..."
Source/publisher: UN Office for the Coordination of Humanitarian Affairs (New York) via "Reliefweb" (New York)
2023-08-23
Date of entry/update: 2023-08-23
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Description: "Civil society statement on the visit of Head of OCHA to Myanmar While noting efforts by UN Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Martin Griffiths, to negotiate humanitarian access across Myanmar, including to Rakhine State following deadly Cyclone Mocha, we, the undersigned 514 civil society organizations, are concerned that Mr. Griffiths’ visit lacked substantive achievements and was used as propaganda by the military junta. We urge the United Nations Office for the Coordination of Humanitarian Affairs (OCHA), to officially engage and partner with legitimate stakeholders of Myanmar and civil society service providers to deliver humanitarian assistance. As Mr. Griffiths’ end-of-visit statement affirmed, “it is critical for us to have the humanitarian space we need for safe, sustained aid deliveries around the country.” Principled humanitarian engagement must see OCHA and other UN humanitarian agencies cut ties with the illegal criminal junta which is weaponizing aid and is the root cause of human suffering in Myanmar. Rather, OCHA must immediately partner with legitimate governance actors that control large parts of the country and deliver aid through local service providers. This includes Ethnic Revolutionary Organizations (EROs), the National Unity Government (NUG), and civil society organizations who have been effectively providing essential services on the ground, including through cross-border channels. Such stakeholders have the access, legitimacy, capacity and, most importantly, trust from the people that the junta simply lacks. Given that the visit happened three months since Cyclone Mocha devastated communities in Chin and Rakhine States, Sagaing Region and beyond, the junta has proven to have no intention to address the acute needs of affected communities. Rather, OCHA visit has become the military junta’s latest propaganda exercise to attempt to gain international recognition and legitimacy. We are alarmed that OCHA’s statement omits the fact that the cause of the escalating humanitarian crisis is the junta’s violence and atrocities, or that it is the junta’s weaponization of humanitarian assistance that is blocking access to Cyclone Mocha’s victims. While the junta has restricted humanitarian access and prevented aid from reaching vulnerable communities affected by the natural disaster, it is also the perpetrators of a nationwide man-made humanitarian catastrophe. Its widespread and systematic campaign of arson, military offensives, extrajudicial killings, and aerial attacks on civilians are, according to the Independent Investigative Mechanism for Myanmar, strong evidence of “increasingly frequent and brazen war crimes.” In addition to these heinous crimes, severe restrictions of humanitarian aid delivery, including targeting aid workers, are the junta’s collective punishment of a population that is rejecting its ongoing brutal attempt to grab power. In his recent report to the 53rd Session of the Human Rights Council, UN High Commissioner for Human Rights, Volker Türk, outlines how “As part of its attempts to assert control, the military has imposed a range of legal, financial, and bureaucratic requirements on civil society and humanitarian activity that have severely reduced civic space and delivery of life-saving assistance.” We further note OCHA’s recognition of the Myanmar military’s unconstitutional body of the “State Administration Council” in its statement which is inconsistent with the language used by the UN Security Council and UN General Assembly in their resolutions. It also legitimizes Min Aung Hlaing’s claim to be head of government by referring to him as the Chairman of the State Administration Council. We express serious concerns that OCHA’s current approach will embolden the junta to further its war of terror across the nation. Such actions risk exacerbating the humanitarian crisis, the very crisis OCHA is mandated to address and alleviate. Despite the junta attempting to gain diplomatic legitimacy over this type of visit, OCHA must ensure substantial benefits are provided for the millions of people in dire need of humanitarian assistance as a result of the junta’s violence and atrocities. Access for OCHA staff to parts of Rakhine State and nearby areas is one issue at stake, but so is the hundreds of thousands of internally displaced persons in central, southeast and northwest Myanmar, where the junta is launching non-stop deliberate attacks on civilians. In these areas, the junta does not have effective control and cannot grant access to affected communities. On the contrary, local governance and civil society actors have been effectively delivering assistance to affected communities, but must be supported by more resources. OCHA must reflect on its current failed approach and take critical, concrete actions which truly serve Myanmar communities that are in dire need. To fulfill its mandate and principles to do no harm, OCHA must immediately pivot to delivering aid in collaboration or partnership with local humanitarian and civil society groups, ethnic service providers, diaspora communities, local administration forces of the Spring Revolution, members of the Civil Disobedience Movement, EROs, and the NUG who have been effectively providing life-saving services on the ground, including through cross-border channels. The Myanmar military has a long history of weaponizing humanitarian aid and UN agencies have a long history of being criticized for complicity in military atrocities, all done in the name of access. OCHA can no longer afford to rehash failed models of humanitarianism, and thus tacitly giving credence and status to the illegal military junta. Rather, OCHA must be innovative and supportive of local service providers, as well as engage and collaborate with the legitimate stakeholders of Myanmar. This will ensure the most effective and widespread delivery of humanitarian assistance to affected communities suffering from international crimes committed by a brutal military junta..."
Source/publisher: 514 Myanmar, Regional and International Organizations
2023-08-22
Date of entry/update: 2023-08-22
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Description: "Human Rights Council Fifty-fourth session 11 September–6 October 2023 Agenda item 4 Human rights situations that require the Council’s attention Summary The present document is the fifth report submitted by the Independent Investigative Mechanism for Myanmar to the Human Rights Council pursuant to resolution 39/2 of 27 September 2018. It covers the activities carried out by the Mechanism between 1 July 2022 and 30 June 2023. Four years after it began operations, the Mechanism continues to actively monitor and investigate the deteriorating situation in Myanmar. Armed conflicts substantially intensified during the reporting period. The Mechanism reiterates its previous assessment that there is strong evidence indicating that serious international crimes are being inflicted against the people in Myanmar. With no foreseeable end to the violence, the work of the Mechanism to facilitate justice and accountability is more relevant and necessary than ever. The Mechanism has made consistent and notable progress in fulfilling its mandate. It significantly increased the amount of first-hand testimonial evidence collected, by conducting several investigative missions to refugee camps and other locations and by carrying out screenings and in-person interviews with witnesses, survivors and defectors. The Mechanism also continued to collect additional evidence, such as photographs, videos, audio material, documents, maps, geospatial imagery, social media posts and forensic evidence. By the end of the reporting period, the Mechanism had collected millions of information items, and engaged with over 700 sources and information providers. The evidence collected will enable the Mechanism to continue building case files and analytical products to prove individual criminal responsibility for serious international crimes in Myanmar. The Mechanism is sharing evidence it has collected and its analysis for use in ongoing judicial processes. During the reporting period, the Mechanism completed three major analytical reports to be shared with national and international courts or tribunals, focusing on the structure and reporting lines within the Myanmar military; the failure of Myanmar authorities to investigate or punish sexual and gender-based crimes; and the organized spread of hate speech content on Facebook by the Myanmar military before, during and after the 2017 “clearance operations”. The Mechanism made significant strides in expanding and diversifying its collaboration with civil society organizations, which make critical contributions to its work owing to their access to on-the-ground information and contacts with potential witnesses. In the second quarter of 2023, the Mechanism held its first civil society dialogue, bringing together representatives from relevant civil society organizations to deepen partnerships and strengthen processes for ongoing cooperation and information-sharing. The civil society dialogues will be a regular and important component of the Mechanism’s increased engagement and collaboration with civil society organizations..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-06-30
Date of entry/update: 2023-08-09
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Description: "Geneva, 8 August 2023 – There is strong evidence that the Myanmar military and its affiliate militias are committing increasingly frequent and brazen war crimes, according to information collected and analysed by the Independent Investigative Mechanism for Myanmar (Mechanism) and outlined in its Annual Report released today. These war crimes include indiscriminate or disproportionate attacks on civilians from aerial bombing, such as the military airstrike in Sagaing in April 2023 that reportedly killed more than 155 people. There has also been an increase in the mass executions of civilians and detained combatants, and the large-scale and intentional burning of civilian homes and buildings, resulting in the destruction of entire villages in some cases. “Every loss of life in Myanmar is tragic, but the devastation caused to whole communities through aerial bombardments and village burnings is particularly shocking,” said Nicholas Koumjian, Head of the Mechanism. “Our evidence points to a dramatic increase in war crimes and crimes against humanity in the country, with widespread and systematic attacks against civilians, and we are building case files that can be used by courts to hold individual perpetrators responsible.” The Myanmar military has justified aerial bombings, including on schools and monasteries, as attacks against military targets. However, the Mechanism’s evidence indicates that the military should have known, or did know, that large numbers of civilians were present in or around alleged military targets at the time of some of these attacks. The Mechanism’s report explains that under international law, military commanders have a duty to prevent and punish war crimes committed by those under their command and failing to take reasonable measures to prevent and punish these crimes may make the commanders criminally responsible. The Mechanism notes that “repeatedly ignoring such crimes may indicate that the higher authorities intended the commission of these crimes.” In its investigations into the most serious international crimes committed in Myanmar, the Mechanism has collected information from more than 700 sources, including more than 200 eyewitness accounts, and additional evidence such as photographs, videos, audio material, documents, maps, geospatial imagery, social media posts and forensic evidence. The Mechanism continues to actively investigate the violence that led to the large-scale displacement of the Rohingya from Myanmar in 2016 and 2017. In particular, the report stresses the prevalence of sexual and gender-based crimes committed against the Rohingya at this time. “Sexual and gender-based crimes are amongst the most heinous crimes that we are investigating,” said Koumjian. “These were so pervasive during the Rohingya clearance operations that most witnesses we have interviewed have relevant evidence about this.” The Mechanism is sharing evidence, information, and analytical reports with those working on ongoing cases concerning the Rohingya at the International Criminal Court, the International Court of Justice and in Argentina. The Independent Investigative Mechanism for Myanmar (IIMM or Mechanism) was created by the United Nations Human Rights Council in 2018 to collect and analyse evidence of the most serious international crimes and other violations of international law committed in Myanmar since 2011. It aims to facilitate justice and accountability by preserving and organizing this evidence and preparing case files for use in future prosecutions of those responsible in national, regional and international courts..."
Source/publisher: Independent Investigative Mechanism for Myanmar
2023-08-08
Date of entry/update: 2023-08-08
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Description: "Advance unedited version Distr.: General 28 June 2023 Original: English Human Rights Council Fifty-third session 19 June–14 July 2023 Agenda items 2 and 4 Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General Human rights situations that require the Council’s attention Situation of human rights in Myanmar since 1 February 2021 Report of the United Nations High Commissioner for Human Rights* Summary The present report, prepared pursuant to Human Rights Council resolution A/HRC/49/23, identifies trends and patterns of human rights violations in Myanmar between 1 February 2021 and 30 April 2023 with a focus on the human rights impact of the denial of humanitarian access. The report analyzes actions by all duty-bearers and finds that the Myanmar military is most responsible for the negative impact on the enjoyment of human rights and on delivery of humanitarian action. The report documents that the military has established an all-encompassing system of control based on instrumentalization of the legal and administrative spheres in Myanmar. Urgent and concrete steps are needed to ensure essential needs of all people are met, including food and healthcare, and to respect, protect and fulfil peoples’ fundamental rights. This report concludes with recommendations to all parties, including the military authorities, the National Unity Government’, and the international community. The present report was submitted after the deadline in order to reflect the most recent developments. I. Introduction and methodology In resolution A/HRC/49/23, the Human Rights Council requested the United Nations High Commissioner for Human Rights to monitor and assess the overall situation of human rights in Myanmar, with a particular focus on accountability regarding alleged violations of international human rights law and international humanitarian law and to make recommendations on additional steps necessary to address the current crisis and to present a written update at its 53rd session. This report presents findings from monitoring and documentation activities conducted remotely by the Office of the High Commissioner for Human Rights (OHCHR) between 1 February 2021 and 30 April 2023, examining trends and patterns in violations of international human rights law and, where applicable, of international humanitarian and criminal law. Paramount among these violations are the Myanmar military’s targeting of civilians, including by restricting access to humanitarian assistance for communities impacted by violence, armed conflict, and systematic discrimination against Rohingya, other minorities and perceived opponents of the regime. As denial of humanitarian access results in loss of civilian lives during violence and conflicts, as well as in long-term human rights consequences such as food insecurity and lack of medical assistance, this report is based on a holistic approach to civilian protection involving both immediate and direct harm from violence and conflicts, and medium- to long-term negative impacts on the ability of people to exercise their fundamental rights. Further affirming the critical importance of strengthening civilian protection and guarantees for meaningful humanitarian access, the United Nations Security Council in its resolution S/RES/2669(2022) of December 2022 on the situation in Myanmar reiterated “the necessity for full, safe and unhindered humanitarian access” while underlying “the need for scaled up humanitarian assistance to all people in need in Myanmar and to ensure the full protection, safety and security of humanitarian and medical personnel”. Furthermore, to address its concerns at the deteriorating humanitarian situation as compounded by increasingly challenging humanitarian access and attacks on humanitarian personnel, the Human Rights Council called on the military to exercise utmost restraint and ensure full protection of human rights of all persons in Myanmar. Similarly, the Association of South-East Asian Nations (ASEAN) repeatedly called on Myanmar authorities to implement the Five-Point Consensus, cease violence, and ensure safe and timely delivery of humanitarian assistance. However, confirming findings from previous reports, the military has shown complete disregard for these attempts at addressing the human rights, humanitarian, and political crises flowing from the coup of February 2021 and the subsequent violent suppression of opposing voices. Additionally, the centrality of protection of human rights as a key priority in humanitarian action is highlighted in several key UN policy documents. These include the Secretary-General’s Call to Action for Human Rights and his Common Agenda which reiterated that the achievement of the goals of justice, peace, prevention, equality, and leaving no one behind are grounded in a system that has at its core the protection and promotion of human rights To ensure wide collection of data and verified information and support the participation and representation of different actors, OHCHR strived to engage as many interlocutors as feasible. It collected testimonies and information from primary sources, including victims and witnesses, and verifiable secondary sources – all of which underwent credibility assessment in accordance with OHCHR’s standard methodology. A total of 53 interviews with primary sources were conducted along with 43 formal consultations with partners and organizations through secure communication platforms. Moreover, OHCHR sought to gather information and data through the United Nations system and its existing mechanisms. It also submitted questionnaires to the Myanmar military, the National Unity Government, ethnic armed organizations, and relevant private companies. Throughout the documentation process, interlocutors consistently raised protection concerns confirming that fear of retaliation by the military for the peaceful exercise of fundamental rights permeates every aspect of life within and outside Myanmar. Widespread and systematic violations perpetrated by the military have created an environment where both Myanmar’s people and representatives of international organizations believe they are at risk of becoming targets for expressing opinions opposing military rule, sharing information, assisting people in need, and operating without military-issued authorizations, among others. For these reasons, and in full respect of the “do no harm” principle, this report does not present details that may lead to the identification of interlocutors, unless expressly authorized. Similarly, whenever necessary, geographical references are limited to the states and regions of Myanmar as identification of townships may result in retaliatory acts against individuals concerned. National and international interlocutors nonetheless provided a wealth of knowledge and information, although on numerous occasions cautioned OHCHR from publicly using them to avoid further military reprisals. Similarly, this sense of fear also extended to areas under the control of other duty-bearers from which only anecdotal information was received, not meeting the necessary standards for verification and inclusion in the report. Additional documentation efforts on denial of humanitarian access in areas outside military control are therefore necessary. The complexity of Myanmar’s humanitarian environment is characterized by the multiple needs of diverse communities in the various States and Regions, and the presence of multiple types of actors inside and outside Myanmar. For each individual situation and actor, there are different levels of access, challenges, and concerns. Rather than focusing on localized specificities, the report seeks to support accountability efforts by analysing broader patterns of actions and omissions by duty-bearers affecting the rights of people-in-need of life-saving assistance and essential services..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-06-30
Date of entry/update: 2023-06-30
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Description: "MESSAGE FROM THE HEAD OF THE MECHANISM Over the past year, there has been a dramatic increase in violence in Myanmar. A military airstrike in Sagaing in April 2023 made global headlines but, unfortunately, this is just one of numerous attacks against the civilian population that the Mechanism is investigating. We have collected credible evidence of an array of war crimes and crimes against humanity committed across the country, including murder, rape, torture, unlawful imprisonment and deportation or forcible transfer. We are collecting this evidence while it is fresh, analysing it and preparing case files that can be shared with judicial authorities to hold perpetrators of these crimes responsible so that they will face justice While we gather and analyse evidence of serious international crimes committed since the military launched a coup on 1 February 2021, we remain focused on investigating earlier crimes and are sharing evidence, information and analytical reports with those working on ongoing cases concerning the Rohingya at the International Criminal Court, the International Court of Justice and in Argentina. Our work would not be possible without the cooperation of brave individuals and groups who share information and evidence with us, often at substantial risk to their own safety. Civil society organisations, in particular, provide the Mechanism with crucial information and connect us to witnesses and victims. The Mechanism hosted its first Civil Society Dialogue last month, and it was a privilege for my team and me to hear from those working on the frontline of efforts to gather evidence of serious international crimes and to support those most affected Our aim was to increase mutual understanding, and the participants left this meeting with a much firmer grasp of how the Mechanism works, and what it can and cannot do. My team and I also strengthened our understanding of the challenges that civil society groups face, and we are looking at ways we might adapt our work accordingly. Most of all, we heard their fears for their security, their trauma from all that they have experienced, and their frustration at not seeing justice served. As we explained to the Dialogue participants, the Mechanism is focusing all its efforts to ensure that there will be justice for these heinous crimes. We are collecting, preserving and analyzing evidence now so that it will be available for use by judicial authorities in the future. Serious international crimes have no statute of limitations – this means that there is no time limit for perpetrators to be prosecuted, and we are working to ensure that those responsible for these crimes will one day be held accountable..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-06-29
Date of entry/update: 2023-06-29
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Description: "UN expert urges coordinated action by Indonesia and other nations to address Myanmar crisis JAKARTA (21 June 2023) – The UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews wrapped up a nine-day mission to Indonesia today by calling for coordinated action by Indonesia and others to address the deepening crisis in Myanmar. He expressed his appreciation to Indonesia for its support to the people of Myanmar and urged the country to play a bigger role in resolving the crisis both as current Chair of ASEAN and as a leader in Southeast Asia and on the world stage. “I came to Indonesia because the human rights situation in Myanmar is dire and getting worse, and because I believe that Indonesia is positioned to play a critical role in the resolution of this crisis,” Andrews said in a statement released today at a news conference in Jakarta. “I’m worried that the deepening crisis in Myanmar has become invisible to much of the world, and that some governments are beginning to think that the junta’s tyranny is inevitable. This narrative is exactly what the junta wants and needs to prevail,” he said. In meetings with Indonesian and ASEAN officials during his visit, Andrews noted that the world was looking to Indonesia and ASEAN for leadership in resolving the Myanmar crisis. “There are two different time zones when it comes to ASEAN and the crisis in Myanmar: one being the reality of the people of Myanmar who face daily attacks by junta forces and rapidly deteriorating conditions. The other is the world of ASEAN officials who caution that progress could take years, even decades,” the Special Rapporteur said. “The people of Myanmar do not have decades nor years – some do not even have days – for the junta to be held accountable,” he said. Andrews called on Indonesia to show continued leadership on Myanmar not only for the remainder of its ASEAN chairmanship, but beyond. “It is time to consider alternative options to break the deadly stalemate. I urge ASEAN to take measures to hold the junta accountable for its grave human rights violations and blatant disregard for implementation of the Five-Point Consensus. Even if ASEAN remains deadlocked, Indonesia should work with allies to isolate the junta and reduce its capacity to attack the people of Myanmar,” the expert said. During his mission, Andrews traveled to Aceh Province and visited a Rohingya refugee camp in Pidie District, where he heard directly from Rohingya who undertook dangerous boat journeys across the Bay of Bengal and Andaman Sea and disembarked in Indonesia. “What was overwhelmingly apparent is the extreme vulnerability of refugees with whom I met. Fleeing atrocity crimes in Myanmar, and facing increasingly dire conditions in Bangladesh, they carry with them deep trauma. They want and deserve a safer, more peaceful life.” “The Rohingya refugees recounted their harrowing experiences at sea. A woman told me that over 20 persons died on her boat and that they had to throw the bodies overboard. Another woman cried as she recalled the lack of food and water, and how she had to give her child seawater to drink,” Andrews recalled. The expert said he was inspired by the widespread empathy for Rohingya among Acehnese fishermen, local civil society groups providing aid and services, and UN staff working with the refugees. Andrews cautioned, however, that there remain many challenges for Rohingya refugees in Indonesia and the region. “Responsibility for the rights of the Rohingya, including their right to redress as survivors of atrocity crimes, rests primarily with Myanmar. But it also extends to the countries where they seek refuge and to the broader international community,” said Andrews. He emphasised that Indonesia is well-positioned to play a global leadership role to defend and support the Rohingya. ENDSMr. Thomas Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar. A former member of the US Congress from Maine, Andrews is a Robina Senior Human Rights Fellow at Yale Law School and an Associate of Harvard University’s Asia Center. He has worked with the National Democratic Institute for International Affairs and parliamentarians, NGOs and political parties in Cambodia, Indonesia, Algeria, Croatia, Serbia, Ukraine and Yemen. He has been a consultant for the National Coalition Government of the Union of Burma and the Euro-Burma Network and has run advocacy NGOs including Win Without War and United to End Genocide. The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: UN Human Rights Council via "Reliefweb" (New York)
2023-06-21
Date of entry/update: 2023-06-21
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Description: "The Human Rights Council this morning held a panel discussion on human rights violations against Rohingya Muslims and other minorities in Myanmar, hearing the Deputy High Commissioner for Human Rights say that the Myanmar authorities must ensure full legal recognition of the right to citizenship of all Rohingya people and issuance to them of appropriate civil documentation. Nada Al-Nashif, United Nations Deputy High Commissioner for Human Rights, said Rohingya Muslims and other minorities in Myanmar had endured decades of persecution and systematic discrimination. Today, more than one million were languishing in refugee camps in Bangladesh. An estimated 600,000 remained in Myanmar, where they continued to be deprived of their basic rights. The military coup of February 2021 and violent repression in many parts of Myanmar had inflicted more suffering on minority communities, including Rohingya Muslims. Ms. Al-Nashif said that to achieve an inclusive future, the authorities in Myanmar needed to ensure a fully democratic, representative and accountable political system, repeal all discriminatory legislation, undertake dialogue aimed at national reconciliation, and implement measures that ensured the respect and protection of the human rights and dignity of each person without discrimination. A fundamental step was the full legal recognition of the right to citizenship of all Rohingya people and issuance to them of appropriate civil documentation. Yasmin Ullah, Chair of the Board at Alternative ASEAN Network on Burma, said there were currently over 1.3 million Rohingya refugees worldwide lacking protection, legal status, and a way out of this plight. There needed to be recognition of Rohingya ethnic status. Citizenship alone granted Rohingya no protection. A truth commission would be a guide to how structural and institutional reform could take place to ensure no repetition of atrocities, violations of rights or discriminatory policy and practices could take place without accountability in Myanmar again. There should not be any repatriation without such a framework in place. Chris Lewa, Founder of the Arakan Project, said a permanent solution for the Rohingya to live peacefully in Myanmar would guarantee a sustainable return to their homeland. Despite numerous United Nations resolutions, no progress had been made. Following the coup in February 2021, the generals responsible for mass atrocities against the Rohingya were now de facto authorities. In this context, insistence on expediting Rohingya repatriation was disturbing, as conditions for a safe, voluntary return were not in place. Repatriation to Myanmar needed to be voluntary and should not be promoted until root causes were addressed and conditions for a safe return were in place. Kyaw Win, Executive Director of Burma Human Rights Network, said since August 2017, the Myanmar military had held a campaign of killings, mass rape and arson against the Rohingya in northern Rakhine State, killing thousands and forcing over 730,000 to flee to Bangladesh. The citizenship system was another clear violation of the human rights of Muslims in Burma. The Network called on the United Nations Security Council to end its inaction and refer the situation in Myanmar to the International Criminal Court or establish a separate criminal tribunal to investigate and prosecute the full spectrum of atrocity crimes in Burma. Mohshin Habib, Adjunct Professor at Laurentian University and Policy and Strategy Adviser at ASA Philippines Foundation, said Rohingya people had faced recurring military crackdowns and fled Myanmar in significant numbers in 1978, 1981, 1992, 2012, 2015, 2016 and 2017. These recurring crackdowns had devastated Rohingya lives and made them the world's most persecuted minority. During the August 2017 crackdown, Tatmadaw burned 300 Rohingya villages, vandalised 36,000 businesses and snatched valuables from 26,000 families. As a result, at least 800,000 Rohingya fled Myanmar and took refuge in Bangladesh, joining those who fled earlier. The three practical measures to repatriation were security, economic and education, and social capital theses. In the ensuing discussion, many speakers deplored discrimination, marginalisation and persecution of the Rohingya community, which had caused the forced exodus of the community. Speakers expressed deep concern about the human rights situation of the Rohingya. Thousands had been raped or killed and forced to flee their homes. The appalling, widespread violations of human rights, which could equate to crimes against humanity and war crimes, needed to cease, and perpetrators needed to be held accountable. There needed to be reform of the 1982 Citizenship Law in line with international standards. Other speakers said dialogue needed to be held between the Rohingya and the militia. The principle of non-interference in domestic affairs needed to be upheld. It was counterproductive to politicise the issue of internally displaced persons and to interfere in the domestic issues of Myanmar, including through International Criminal Court and International Court of Justice actions. Speaking in the discussion on Myanmar were Norway on behalf of a group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Luxembourg on behalf of a group of countries, European Union, Kuwait, Australia, Indonesia, Malaysia, Türkiye, Bangladesh, Gambia, Costa Rica, United Kingdom, Venezuela, Senegal, Iran, South Africa, Russian Federation, Mauritania and Egypt. Also speaking were the Islamic Human Rights Commission, Human Rights Watch, Asian Forum for Human Rights and Development, International Bar Association, Lidskoprávní organizace Práva a svobody obcanučů Turkmenistánu z.s., iuventum e.V., INHR, and Association Ma'onah for Human Rights and Immigration. At the beginning of the meeting, the Council concluded the interactive dialogue with the High Commissioner for Human Rights on his annual report which began yesterday. A summary can be found here. Volker Türk, United Nations High Commissioner for Human Rights, in concluding remarks, thanked all delegations and non-governmental organizations for contributing to the debate, which had been constructive. There were two anniversaries this year, of the Universal Declaration of Human Rights and the Vienna Declaration, which were opportunities to reflect on universality and indivisibility. Mr. Türk took note with appreciation all States that had reported cooperation with components of the human rights ecosystem and his Office. To achieve the Sustainable Development Goals, there could not be exclusion or stigmatisation of minority groups, including the lesbian, gay, bisexual, transgender and intersex community. The world needed to take a clear stance against racism, xenophobia and all other forms of discrimination. In the discussion, some speakers said the seventy-fifth anniversary of the Universal Declaration of Human Rights presented a valuable opportunity to take stock of opportunities and challenges and commit to improving and enhancing national frameworks in line with international human rights obligations. Some speakers were deeply concerned by the regression of lesbian, gay, bisexual, transgender and intersex rights in many countries. A number of speakers noted that climate change would continue to pose great threats to the human rights of both present and future generations. During the debate, speakers denounced human rights violations committed in many countries, regions and territories. Speaking in the interactive dialogue with the High Commissioner were Ghana, Cambodia, Burundi, Barbados, Trinidad and Tobago, Nicaragua, Ireland, New Zealand, Tunisia, Namibia, Honduras, Uganda, Hungary and Eritrea. Also speaking were Right Livelihood Award Foundation, World Federation of Ukrainian Women's Organizations, Amnesty International, Human Rights Watch, Every Casualty Worldwide, International Commission of Jurists, East and Horn of Africa Human Rights Defenders Project, Asian Forum for Human Rights and Development, Palestinian Initiative for the Promotion of Global Dialogue and Democracy, and Il Cenacolo. The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-third regular session can be found here. The Council will next meet this afternoon at 3 p.m. to hear the presentation of the report of the Secretary-General on the Islamic Republic of Iran, and the oral updates of the High Commissioner and his Office on Nicaragua and on Sri Lanka, followed by an interactive dialogue with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity. Interactive Dialogue on the Annual Report of the High Commissioner for Human Rights The United Nations High Commissioner for Human Rights presented his global update on his annual report on Monday, 19 June, and the interactive dialogue started on Tuesday, 20 June. Discussion In the discussion, some speakers, among other things, said the seventy-fifth anniversary of the Universal Declaration of Human Rights presented a valuable opportunity to take stock of opportunities and challenges and commit to improving and enhancing national frameworks in line with international human rights obligations. This was the time to collectively re-commit to respecting, protecting and fulfilling the human rights of all. States needed to work to ensure that the vision of the Universal Declaration of Human Rights was realised for all persons, everywhere, in all their diversity. Cooperation between Member States and international human rights bodies played a crucial role in technical assistance and capacity building. Cooperation was a two-way process; it was imperative that human rights bodies worked together and engaged in constructive and genuine dialogue. Some speakers said that the Council had a crucial role in addressing shortcomings in the protection and promotion of human rights, which could only be achieved by engaging in open dialogue, working together constructively while respecting each other, and avoiding overpoliticisation. One speaker said there was a need to respond in diverse cultural contexts and called for the respect for the sovereign rights of countries as there should be no foreign interference in domestic affairs. Some speakers expressed deep concern at human rights violations around the world, despite the efforts of the Council and the Office of the High Commissioner for Human Rights to address them. A number of speakers were deeply concerned by the regression of lesbian, gay, bisexual, transgender and intersex rights in many countries, expressing concern at legislation which restricted the rights of these people. States needed to promote and protect the rights of all people, regardless of their sexual orientation or gender identity. All States should take steps to address sexual and gender-based violence and remove barriers to sexual and reproductive health and rights. A number of speakers noted that climate change would continue to pose great threats to the human rights of both present and future generations. The Office was commended for providing technical assistance, including by helping countries with the development of policies on climate change mobility. The High Commissioner and his team were encouraged to pursue further efforts aimed at ensuring that States incorporated a human rights-based approach to frameworks which sought to address the negative impacts of climate change. Some speakers said the Council needed to take all possible measures to protect the rights of women, girls, and persons of diverse gender identities and sexual orientations, especially those from marginalised communities, in the face of increasing pushback against agreed language on gender and sexual and reproductive rights. Such roll-back was putting hard-won gains at risk, and along with it, the protection of the lives and rights of millions of people around the world. During the discussion, many speakers denounced human rights violations committed in many countries, regions and territories, noting situations of armed conflict; overpoliticisation; restrictions on the rights of linguistic and indigenous minorities; anti-homosexuality legislation; impediment of civil and political rights; the removal of indigenous populations; the shrinking of civic space; torture; violations against women and girls; and attacks on human rights defenders, lawyers, journalists and activists. Speakers urged the Office of the High Commissioner to promote universal respect for both individual and collective rights. The High Commissioner should ensure that all current and future Office field presences consistently recorded and periodically reported publicly on all casualties of armed conflict and violence occurring within their remit. The human rights pillar remained chronically underfunded, while the need for a well-resourced and effective international human rights framework continued to increase. Concluding Remarks VOLKER TÜRK, United Nations High Commissioner for Human Rights, thanked all delegations and non-governmental organizations for contributing to the debate, which had been constructive. There were two anniversaries this year, of the Universal Declaration of Human Rights and the Vienna Declaration, which were opportunities to reflect on universality and indivisibility. All States needed to treat human rights on an equal footing. It was the duty of States to promote and protect all human rights and fundamental freedoms. However, there were certain statements that cast doubt on that consensus. The Office of the High Commissioner for Human Rights promoted all human rights stemming from the Charter of the United Nations. The Charter dealt with sovereignty issues. Human rights started at home. Issues needed to be examined from global, regional and national dimensions. Dialogue could not be empty formulas. There was a need for uncomfortable conversations for the sake of human rights. Cooperation and collaboration were imperative. Mr. Türk noted with appreciation all States that had reported cooperation with components of the human rights ecosystem and his Office. The High Commissioner had a duty to remove obstacles and promote the implementation of all human rights in all parts of the world. He expressed hope that all States would accept this role and cooperate with the mandate. He noted that the voluntary fund that dealt with Universal Periodic Review follow-up was in urgent need of support. Mr. Türk said his Office was in discussion with authorities of both countries to re-establish a presence in the Western Sahara territory. His Office continued to encourage the relaxation of unilateral coercive measures to support the most vulnerable segments of populations. Mr. Türk expressed his strong commitment to supporting small island States. Extra funding resources were required to provide sufficient support. Further, he said, the Office aimed to support and facilitate dialogue on the rights of indigenous communities. The Office of the High Commissioner for Human Rights aimed to strengthen its mandate. There were key issues that it would focus on in future, including accountability, transitional justice, and rights in the digital sphere. The Office would soon hold an event to assess its own functions. In closing, Mr. Türk said that to achieve the Sustainable Development Goals, there could not be exclusion or stigmatisation of minority groups, including the lesbian, gay, bisexual, transgender and intersex community. The world needed to take a clear stance against racism, xenophobia and all other forms of discrimination. Panel Discussion on the Measures Necessary to Find Durable Solutions to the Rohingya Crisis and to End All Forms of Human Rights Violations and Abuses against Rohingya Muslims and Other Minorities in Myanmar Opening Statement by the Deputy High Commissioner for Human Rights NADA AL-NASHIF, United Nations Deputy High Commissioner for Human Rights, said Rohingya Muslims and other minorities in Myanmar had endured decades of persecution and systematic discrimination. Today, more than one million were languishing in refugee camps in Bangladesh. An estimated 600,000 remained in Myanmar, where they continued to be deprived of their basic rights. The military coup of February 2021 and violent repression in many parts of Myanmar had inflicted more suffering on minority communities, including Rohingya Muslims. In addition, last month Cyclone Mocha – the most powerful storm to hit the region in a decade – raged through the country. The military had put in place a system of physical and administrative restrictions on the conduct of humanitarian operations. People were reportedly living in forests and improvised shelters without any access to life-saving food, medicine and services. At the end of last year, the Security Council adopted its first resolution on Myanmar, in which it underscored the need to create conditions necessary for the voluntary, safe, dignified and sustainable return of Rohingya refugees and internally displaced persons. Sadly, those conditions did not currently exist on the ground. To achieve an inclusive future, the authorities in Myanmar needed to ensure a fully democratic, representative and accountable political system, repeal all discriminatory legislation, undertake dialogue aimed at national reconciliation, and implement measures that ensured the respect and protection of the human rights and dignity of each person without discrimination. A fundamental step was the full legal recognition of the right to citizenship of all Rohingya people and issuance to them of appropriate civil documentation. Many Rohingya continued to flee to safer countries, often taking immense risks, including dangerous sea crossings. According to the United Nations High Commissioner for Refugees, more than 3,500 Rohingya attempted deadly sea crossings in 2022, a 360 per cent increase compared to 2021. At least 348 Rohingya died while making these sea crossings in 2022. Ms. Al-Nashif expressed solidarity with and support to Bangladesh for providing refuge to more than one million Rohingya refugees, and commended countries in the region, such as Indonesia, Malaysia and Thailand, for providing protection and humanitarian assistance to Rohingya who arrived by boat. Since March this year, due to shortfalls in funding, the World Food Programme had had to sharply reduce food rations in the camps twice, which had further compounded the refugees’ hardship. In the face of the impunity enjoyed by the Myanmar military for past and present violations and abuses against the Rohingya, Ms. Al-Nashif expressed full support for the ongoing accountability efforts at the international level. The complaint brought by the Gambia against Myanmar at the International Court of Justice was but one step in this direction. She expressed hope that the Human Rights Council would redouble its support in the direction of accountability initiatives. Statements by the Panellists YASMIN ULLAH, Chair of the Board at Alternative ASEAN Network on Burma, said she was a member of the Rohingya community who had to flee from violence and systemic oppression in Myanmar as a young child along with her family in 1995. Rohingyas had been driven out for decades under oppressive arbitrary policy and practices by Burmese authorities. There were currently over 1.3 million Rohingya refugees worldwide lacking protection, legal status, and a way out of this plight. Only a domestic change in Myanmar would lead to long term peace and success. However, the international community’s support in breaking through the barriers of silence on the atrocities committed against the Rohingya and ensuring that the community were never forgotten was vital. Ms. Ullah said she was working on solutions that would enable people from her community to have food to eat, education, medical treatment and tangible protections. There needed to be recognition of Rohingya ethnic status. Citizenship alone granted Rohingya no protection. Rohingya had been systematically erased and excluded from social, economic, and political participation as a collective ethnic group. Rohingya were being traded from refugee camps to concentration camps in their homeland. Rohingya needed to be acknowledged as an indigenous ethnic nationality of Myanmar throughout history and now. Myanmar needed a Truth and Reconciliation Commission as part of the transitional justice process. Since democratic transition in Myanmar occurred under circumstances of compromise and impunity, what had happened to Rohingya had recurred all over the country. Myanmar needed to be reformed at every level in all institutions. The 2017 genocidal campaign and the 2021 attempted coup were glaring evidence of what happened when there was no transitional justice plan during a transition period. Denial of truths and refusal to create institutional reforms had led Myanmar into further violations of fundamental rights. A truth commission would be a guide to how structural and institutional reform could take place to ensure that no repetition of atrocities, violations of rights or discriminatory policy and practices could take place without accountability in Myanmar again. There should not be any repatriation without such a framework in place. CHRIS LEWA, Founder of the Arakan Project, said a permanent solution for the Rohingya to live peacefully in Myanmar would guarantee a sustainable return to their homeland. Despite numerous United Nations resolutions, no progress had been made. Following the coup in February 2021, the generals responsible for mass atrocities against the Rohingya were now de facto authorities. In this context, insistence on expediting Rohingya repatriation was disturbing, as conditions for a safe, voluntary return were not in place. Citizenship and other root causes had not been addressed, and since the coup, the junta had arrested and sentenced more than 3,500 Rohingya for unauthorised travel. Durable solutions for internally displaced persons in Myanmar needed be a precondition before any repatriation started from Bangladesh. The bilateral pilot repatriation plan for about 1,100 Rohingya involved resettlement to 15 relocation sites, however, some families cleared for return were left without option to go back to their village of origin. The United Nations High Commissioner for Refugees had said that conditions were not conducive for a return in safety and dignity. There had been some positive developments in Myanmar. In 2021, the National Unity Government recognised the Rohingya’s entitlement to Myanmar’s citizenship, and appointed a Rohingya adviser, which was a breakthrough. The Arakan Army altered their rhetoric and formed Rohingya Village Committees, with mixed results. In August, Bangladesh granted permission for skills development activities. However, it was worrying that funding shortfalls had forced the World Food Programme to reduce monthly food rations in June. Even before these food cuts, 12 per cent of children were severely malnourished. It was recommended that the international community prioritise the Rohingya amid global challenges, and support international accountability. Repatriation to Myanmar needed to be voluntary and should not be promoted until root causes were addressed and conditions for a safe return were in place. Returnees should not be confined to ‘relocation’ sites. Efforts should also focus on improving conditions for Rohingya refugees in host countries. Alternative durable solutions such as resettlement to third countries and complementary pathways should be vigorously pursued. KYAW WIN, Executive Director of Burma Human Rights Network , said the Network had been documenting human rights violations in Burma. Since August 2017, the Myanmar military had held a campaign of killings, mass rape and arson against the Rohingya in northern Rakhine state, killing thousands and forcing over 730,000 to flee to Bangladesh. The situation had been neglected internationally and was getting worse and worse every day. The junta’s restrictions of movement of the Rohingya were clear violations of International Court of Justice provisional measures aimed at preventing genocidal acts against the Rohingya. The citizenship system was another clear violation of the human rights of Muslims in Burma. It limited Muslims’ ability to obtain citizenship and access basic State services. Hate speech was currently a dangerous phenomenon in Burma. The Network had documented over 600 incidents of hate speech against Muslims over the past year. Mosques and other religious sites had been destroyed. The 1982 citizenship law made every Muslim in Burma a foreigner. This law breached human rights more than any other law in the State. The international community had failed to acknowledge the illegality of this law. As long as the military enjoyed complete impunity for their actions, unyielding oppression of the Rohingya and other minorities would continue unabated. The time to close this impunity gap was now. The Network called on the United Nations Security Council to end its inaction and refer the situation in Myanmar to the International Criminal Court or establish a separate criminal tribunal to investigate and prosecute the full spectrum of atrocity crimes in Burma. States needed to impose targeted economic sanctions against the Myanmar military, and pursue international legal action against the junta. States and international companies needed to stop the supply and transfer of arms to the Myanmar military. Finally, Myanmar’s neighbouring States, including India, Thailand, Indonesia and Bangladesh, needed to devise a comprehensive regional response to the refugee crisis; provide protection, support, and humanitarian and legal aid to all refugees fleeing Myanmar; and authorise emergency cross-border aid to internally displaced people in Myanmar. MOHSHIN HABIB, Adjunct Professor at Laurentian University and Policy and Strategy Adviser at ASA Philippines Foundation, said Rohingya people had faced recurring military crackdowns and fled Myanmar in significant numbers in 1978, 1981, 1992, 2012, 2015, 2016 and 2017. These recurring crackdowns had devastated Rohingya lives and made them the world's most persecuted minority. During the August 2017 crackdown, Tatmadaw burned 300 Rohingya villages, vandalised 36,000 businesses and snatched valuables from 26,000 families. Research estimated that 25,000 people were murdered, 18,000 raped, 43,000 received gunshot wounds, and 116,000 were beaten, all inflicted by security forces under the control of the Myanmar authorities. As a result, at least 800,000 Rohingya fled Myanmar and took refuge in Bangladesh, joining those who fled earlier. The International State Crime Initiatives claimed that a leaked document adopted by the Myanmar regime in 1988 revealed the State Peace and Development Council adopted an 11-point “Rohingya extermination plan”, of which the first eight elements had been effectively instituted. The recent coup had made it impossible for a successful repatriation attempt. Meanwhile, the Bangladesh campsites had become the most densely populated area globally, causing environmental degradation and posing significant economic, health and reputational consequences for Bangladesh. There was also evidence of human and drug trafficking syndicates operating on the Bangladesh-Myanmar border, posing significant security risks and a broader regional geopolitical crisis risk. Although mindful of the United Nations Special Rapporteur’s 8 June 2023 recommendation to “immediately suspend” pilot repatriation of Rohingyas due to “serious risk” for their life and freedom, the durable solution still appeared to be eventually repatriating Rohingyas to Myanmar. The three practical measures to repatriation were security, economic and education, and social capital theses. Financial reparation would provide a primary financial means for Rohingyas required to repatriate, resettle and rehabilitate to restore their original state of economic life in Myanmar; 9.5 billion United States dollars were assessed as fair compensation as of June 2023. Discussion In the ensuing discussion, many speakers, among other things, deplored discrimination, marginalisation and persecution of the Rohingya community, which had caused the forced exodus of the community. Speakers expressed deep concern about the human rights situation of the Rohingya. Thousands had been raped or killed and forced to flee their homes. The appalling, widespread violations of human rights, which could equate to crimes against humanity and war crimes, needed to cease, and perpetrators needed to be held accountable. The rule of law needed to be upheld. Discriminatory ideologies, denial of citizenship and restrictions on movement were part of the root causes of the crisis. Diplomatic pressure needed to be asserted on the militia to cease the violence and persecution that they were committing in Myanmar. Genocide needed to never occur again. There needed to be reform of the 1982 citizenship law in line with international standards. Some speakers called for the implementation of the Association of Southeast Asian Nations Five Point Consensus solution to the crisis. Member States and civil society needed to unite in their response to the dire situation of the Rohingya. Some speakers said that the junta was violating international decisions regarding Myanmar every day with impunity. Accountability and transitional justice measures needed to be introduced to prevent impunity and ensure accountability for abuses. The military regime had cracked down on the civil space in Myanmar, persecuting journalists and human rights defenders critical of the regime. The rights of journalists and human rights defenders needed to be protected. There were increasing numbers of refugees and asylum seekers fleeing Myanmar. Some speakers said that many Rohingya refugees were turned back by neighbouring countries, including Bangladesh. Those speakers called on all States to respect the principles of non-refoulement. Some speakers said there needed to be an immediate return of Rohingya from neighbouring countries under conditions ensuring the rights of returning Rohingya. Other speakers said that returns needed to be carried out on a safe, voluntary basis. Cuts to food rations for refugees provided by the World Food Programme were alarming. Such cuts had had a devasting effect. Speakers encouraged the international community to provide increased humanitarian support to reduce the burden on Bangladesh and to support it to provide shelter for the Rohingya. Some speakers expressed serious concern that the junta continued to block humanitarian access to Rohingya communities. Speakers called on the Myanmar militia to ensure full, unimpeded humanitarian access to Rohingya refugee camps. Movement restrictions also hindered the Rohingya’s ability to obtain such basic needs. Concrete steps were needed to aid Rohingya to obtain basic food, services and employment. Some speakers recalled that Cyclone Mocha had devastated the Rohingya refugee population, and called for increased support in response to the disaster. A number of speakers said the pilot repatriation project agreed between Bangladesh and Myanmar would help to address the crisis and ensure the voluntary return of the Rohingya to Myanmar. Other speakers said that the project would only deepen the crisis by allowing the military to commit further violations of the rights of the repatriated Rohingya. Some speakers said dialogue needed to be held between the Rohingya and the militia. Imposing outside solutions would not solve the crisis. Dialogue needed to be carried out based on existing bilateral agreements. The principle of non-interference in domestic affairs needed to be upheld. It was counterproductive to politicise the issue of internally displaced persons and to interfere in the domestic issues of Myanmar, including through International Criminal Court and International Court of Justice actions. Questions were asked on actions needed to ensure that this moment did not become a missed opportunity; on measures to improve the situation of Rohingya in Myanmar and in Bangladesh, especially in camps for refugees and internally displaced persons; on steps that developed countries could take to provide additional support to the Rohingya; on steps to support the safe repatriation of the Rohingya and other Muslims; on measures to ensure accountability for human rights violations and address their root causes, and to put an end to impunity; and on how the international community could ensure the participation and amplify the voices of the Rohingya in developing measures to address the crisis. Concluding Remarks NADA AL-NASHIF, Deputy High Commissioner for Human Rights, said there needed to be a focus on immediate support to Rohingya still in Myanmar, and any transition from the camps in Rakhine needed to be done in coordination with the camps themselves. They also needed to ensure that more humanitarian funds were invested in Bangladesh. There was a need to change the citizenship law and create durable conditions for the return of Rohingya, as well as increase resettlement pathways for the most vulnerable groups. Accountability options needed to be pursued. YASMIN ULLAH, Chair of the Board at Alternative ASEAN Network on Burma, said it was important to ensure that displaced Rohingya be cared for in a dignified fashion, understanding they were also humans. It was important that the Association of Southeast Asian Nations Five Point Consensus was expanded. Multiple conversations had been held with Indonesian institutions, and there was a commitment to ensure the Five Point Consensus expanded to include cross-border aid, and improve upon the existing women, peace and security framework. There were multiple ways to ensure Rohingya were centred in all these discussions. The Council needed to centre Rohingya in all conversations on Myanmar, and they should not be excluded. There could not just be lip service, there needed to be concrete plans and actions. The dictatorship and living under the junta regime for decades was a political and ideological issue. Transitional justice needed to be at the centre of all future plannings. Civil society groups were the foundation of Myanmar society. There should not be repatriation of Rohingya to go right back to the hands of the perpetrators. CHRIS LEWA, Founder of the Arakan Project, said building trust was necessary. The Rohingya advisor had no official position within the Cabinet of Myanmar; this was something which could be changed. There was significant follow-up which could be done to push the National Unity Government to take action on their words, including dialogue on how to amend the citizenship law. The Arakan army had a nationalist agenda and they needed to be open to undertaking reforms. There had been progress; the army had provided assistance to villages in the wake of Cyclone Mocha. It was still concerning to hear governments in the room discussing the repatriation project, as this should not happen. If Rohingya wanted to return, with informed consent, they should be able to do so. It was important that Rohingya were involved in meaningful dialogue, and that they were heard. There needed to be a focus on providing better conditions for Rohingya refugees in Bangladesh, Malaysia, and other countries. KYAW WIN, Executive Director of Burma Human Rights Network, said that since 1962, the military had been leading anti-Muslim policies that had led to the atrocities of today. After the 2021 revolution, people started to realise how the military had implemented those ideologies. In southern Burma, 70 per cent of the Muslim community did not have citizenship. This population could influx to neighbouring countries again, and there could be more mass atrocities. The international community needed to impose an immediate arms embargo against the military. The military was killing civilians in clear breach of international law. Impunity needed to end. Millions of refugees were struggling to survive. To end impunity, cases in the **International Court of Justice **and the International Criminal Court were important, and there were several other measures that could be taken in international fora. Members of the Rohingya community needed support to stand on their own two feet. Repatriations should not occur while conditions were unsafe for the Rohingya. The Rohingya had great potential but needed help. There were several villages in central Burma that had been burned to the ground. The people of Burma could not stop the military regime without the help of the international community. MOHSHIN HABIB, Adjunct Professor at Laurentian University and Policy and Strategy Adviser at ASA Philippines Foundation, said despite increasing polarisation in world politics, the international community continued to impose trade sanctions and embargos on Myanmar. However, these were not universal, and there were members of the Association of Southeast Asian Nations that were not imposing such sanctions. These States needed to do more to put pressure on the military regime and support the Rohingya. International Court of Justice actions and other external measures could also add more pressure on the militia and lead to positive outcomes. Domestically, the Myanmar military regime needed to improve its human rights record by acknowledging past abuses and genocide against the Rohingya. They needed to recognise the Rohingya as an ethnic minority. Domestic and international recognition of the Rohingya and their rights, including their right to citizenship, was needed..."
Source/publisher: UN Human Rights Council (Geneva)
2023-06-21
Date of entry/update: 2023-06-21
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Description: "Human Rights Council Fifty-second session 27 February–4 April 2023 Agenda item 4 Human rights situations that require the Council’s attention The Human Rights Council, Guided by the Charter of the United Nations, the Universal Declaration of Human Rights and the International Covenants on Human Rights, and reaffirming all relevant General Assembly and Human Rights Council resolutions and decisions on the situation of human rights in Myanmar, Welcoming Security Council resolution 2669 (2022) of 21 December 2022, the Security Council statements on Myanmar of 4 February, 10 November, 8 December and 29 December 2021 and of 2 February 2022, the statement by the President of the Security Council on Myanmar of 10 March 2021, the meetings of the Security Council held on 2 February and 5 March 2021 and the briefing convened by the General Assembly with the Special Envoy of the Secretary-General on Myanmar on 16 March 2023, Reaffirming its commitment to the sovereignty, political independence, territorial integrity and unity of Myanmar, Condemning in the strongest terms the military coup by the Myanmar military on 1 February 2021, and the continuation of the state of emergency, including the extension on 1 February 2023, the declaration of martial law and its expansion on 1 February 2023, the suspension of the parliament and the arbitrary detention, arrest and politically motivated conviction and sentencing of President Win Myint, State Counsellor Aung San Suu Kyi, other government officials and politicians, human rights defenders, journalists, civil society members, local and foreign advisers, religious leaders and many others, Condemning also in the strongest terms the arbitrary detention, arrest and politically motivated convictions, sentencing and executions, including of pro-democracy activists, as well as violent acts, including extrajudicial killings, systematic sexual and gender-based violence, and torture committed against civilians, including health-care workers, children, teachers, students, lawyers, artists, journalists, human rights defenders and many others, which exacerbate the polarization and violence and worsens the humanitarian situation in the country, Expressing deep concern at the ongoing use of violence and the escalation of the conflict by the Myanmar military, which seriously undermine the enjoyment of human rights of individuals in Myanmar, especially those of women, children and older persons, as well as those of persons belonging to ethnic and religious minorities, including Rohingya Muslims, owing to the heavy militarization of Myanmar, aggravated by the continued access to arms by the Myanmar military, and at the deaths and many injuries as a consequence of the increase in the indiscriminate use of lethal force against civilians by the Myanmar armed forces and police, Underlining the need to uphold the rule of law and to fully respect human rights, stressing in particular the need to fully protect the enjoyment of human rights by women and children, stressing the importance of accountability, and expressing deep concern at restrictions on medical and humanitarian personnel, civil society, labour union members, journalists and media workers, Expressing deep concern at the increasing military build-up and use of military force throughout the country, in particular in the south-eastern, central, north and north-western parts of the country, which is making de-escalation and the provision of humanitarian aid even more challenging, Expressing grave concern at the attacks against and the harassment of journalists and other media workers, including arbitrary arrests, enforced disappearance, torture and other ill-treatment, killings and surveillance, and Internet shutdowns and other restrictions on and interruptions to the Internet and social media, including the amendment to the law on television and radio broadcasting, and the proposed revival of the law on cybersecurity, which unnecessarily and disproportionately restricts the right to freedom of opinion and expression, including the freedom to seek, receive and impart information, the right to freedom of peaceful assembly and association and the right to privacy, as set forth in article 12 of the Universal Declaration of Human Rights and article 17 of the International Covenant on Civil and Political Rights, Expressing grave concern also at the ongoing conflicts between the Myanmar armed forces and other armed groups, at the increased use of violence by the Myanmar armed forces against civilians, including sexual and gender-based violence, and grave violations and abuses against children, at airstrikes killing civilians and destroying civilian infrastructure, at the burning of villages, at the continuing forced displacement of civilians, including of ethnic and religious minorities, at reports of violations and abuses of human rights, including abductions, arbitrary detentions, arrests and killings, and other violations involving the use of facilities functioning as schools, hospitals and houses of worship for military purposes, the use of landmines and at the enduring impunity that exists in Myanmar, particularly in the Myanmar armed and security forces, Reiterating the obligation of Myanmar to respect, protect and fulfil the rights of the child in accordance with its obligations under the Convention on the Rights of the Child, including the right to education and the right to the enjoyment of the highest attainable standard of health, and alarmed that children continue to be subjected to the six grave violations against children during armed conflict and that the scale and recurrent nature of such violations and abuses will affect generations to come, Reiterating also the responsibility of the Myanmar armed forces to ensure the protection of the human rights of all persons in Myanmar, including persons belonging to ethnic, religious and other minorities, including the Rohingya, and reiterating the urgent need to undertake a full, transparent, impartial and independent investigation into all reports of violations and abuses of international human rights law, violations of international humanitarian law and crimes under international law, to ensure that perpetrators are held accountable in fair, independent and impartial criminal proceedings, including in domestic courts or tribunals, in accordance with international law standards, and to ensure that victims and their families have access to effective remedy, including by prompt, effective and independent casualty recording and guarantees of non-recurrence, Alarmed at the continued attacks on medical and humanitarian personnel, on medical facilities and on transport and equipment, and at the lack of humanitarian access, and calling upon all parties, in particular the Myanmar armed forces, to abide by international law, including international human rights law and international humanitarian law, and to allow and facilitate safe, timely and unhindered humanitarian access across the entire country for local and international staff of humanitarian and other relevant international agencies to provide humanitarian assistance independently, neutrally and impartially to all in need, in particular to persons displaced by the conflict..."
Source/publisher: UN Human Rights Council via "Reliefweb" (New York)
2023-04-13
Date of entry/update: 2023-05-12
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Description: "WASHINGTON — The U.N. special rapporteur for Myanmar says the international community, including the U.N. Security Council, is still failing to provide protection against the Myanmar junta’s violent attacks on the people of Myanmar. More than 100 people, including women and children, were killed Tuesday when Myanmar’s military junta bombed the Kanbalu township in the Sagaing region, according to witnesses contacted by VOA Burmese. “More innocent people killed, more children killed, more violations of international law and human rights. We need to stop as an international community and recognize this fact,” Tom Andrews told VOA via Skype on Wednesday. This interview has been edited for length and clarity. VOA: How serious are the Myanmar junta's airstrikes against its own civilians under international law? U.N. Special Rapporteur for Myanmar Tom Andrews: They're extremely serious. First of all, we've seen a significant uptick, a significant increase in the use of fighter jets dropping bombs, the use of helicopter gunships descending on villages and opening fire. There is an increasing use of these types of weapons. These weapons kill without any kind of discrimination. They wipe out entire villages. I've even seen them [bombs] dropped on the centers [for the internally displaced], where people have gone for safety, and children have been killed. These are the characteristics of war crimes. These are the characteristics of crimes against humanity. This is not only unacceptable from a moral point of view, it is illegal from an international law point of view. So we must do more to stop this carnage and impose the fundamental foundations of international law with respect to Myanmar. The people of Myanmar deserve nothing less. VOA: The junta's spokesperson confirmed the Kanbalu airstrike, in which dozens of civilians were reportedly killed, but he said the attacks there were justified because, according to him, the National Unity Government, which had just opened its local office, is an armed terrorist group. What is your view on the junta's response? Andrews: Citizens are not terrorists. Children are not terrorists. Those who are opposed to the junta and its killing of innocent people are not terrorists. They are patriots. They are those who are committed to a just democracy for Myanmar, human rights for Myanmar. These are not crimes. These should be embraced and applauded by everyone. The people of Myanmar, fighting for their future, trying to create justice and human rights for their children, are not terrorists. They are patriots. VOA: What kind of action should the international community, including the U.N. Security Council, take against the junta to protect the Myanmar people? Andrews: Step one is recognize that what has happened to this point is failing. It's simply not working. And more of the same is going to mean more of the same in Myanmar: more innocent people killed, more children killed, more violations of international law and human rights. We need to stop as an international community and recognize this fact. We are failing the people of Myanmar. That's step one. Step two is to examine all of the options that we have to stop this carnage. The international community, even though the U.N. Security Council was not willing to support an action resolution after the invasion of Ukraine, nevertheless formed a coalition. That coalition formed a coordinated strategy to support the people of Ukraine. And the world has worked together to put maximum pressure on Russia and provide maximum support for the people of Ukraine. This is exactly the approach that we need for the people of Myanmar. The international community, who support the people of Myanmar, who condemn these attacks, who support human rights, democracy, need to form an action coalition — not a word coalition — an action coalition in which all the options can be put on the table and examined, and everyone can coordinate these actions together. We need to find the vulnerable spots in the junta, identify them clearly and work together to seize this opportunity to deny them the resources that they need, the weapons that they need, the capacity that they need in order to continue these horrific attacks. That's what the international community needs to do. If we don't do this, then we can only expect that there's going to be more attacks, more carnage, more innocent people killed, more violations of human rights. And frankly, if that happens, then we have aided and abetted those horrific actions that are being taken against the people of Myanmar. VOA: The Rohingya repatriation program, which is being coordinated with the U.N., the Bangladeshi government and the junta itself, is being criticized by human rights organizations because they say it isn’t safe to return to parts of Myanmar. Can you shed some light on the U.N.'s role in the repatriation process, especially regarding its interactions with the junta? Andrews: No one, including the United Nations, should be supporting a repatriation process in which the Rohingya who are in Bangladesh under very harsh conditions are nonetheless brought to Myanmar in very unsafe conditions — conditions that are not conducive whatsoever to a safe, dignified return; repatriation that does not include protection of human rights, protection of citizenship, protection of life and safety. No one should be supporting that kind of repatriation process, because it won't work. It's unfair. We could see even more hardship for those people who are in Bangladesh, who have suffered so much. So, whether it's the United Nations or any other entity, we should not be moving forward with any repatriation process, including a pilot program, under these conditions. VOA: Your position as U.N. special rapporteur has been renewed for another five-year term. What will your main focus be regarding human rights in Myanmar in the short term and in the long term? Andrews: Well, I'm very grateful to have my service as special rapporteur renewed by the Human Rights Council. I will be doing some very basic things going forward with this mandate. Number one, first and foremost, is to listen to the people of Myanmar, those who are providing me with extraordinarily important information and analysis and insight as to what is going on inside of the country, what is going on for those who have escaped the country and what needs to be done, what the United Nations and the international community needs to do. Number two, it is reaching out to those nations who are in a position to provide stronger support for the people of Myanmar and try to engage them in efforts that can do just that. I've been traveling in the region. I was in Thailand this past year. I traveled to Malaysia this past year. I am preparing right now to travel to Japan. I was in the Republic of Korea a few months ago. I'm planning to travel during this year to Indonesia. And I'm going to be doing everything that I can to sit down and work with leaders of the region and leaders throughout the world to make it very clear that it's in no one's interest to allow this catastrophe to continue to unfold before our very eyes. And it's in all of our interests as an international community to work together to support the human rights and justice of Myanmar people and to oppose this military junta. So, that is primarily what is on my agenda as I seek to serve the U.N. Human Rights Council and the United Nations General Assembly in this coming year..."
Source/publisher: "VOA" (Washington, D.C)
2023-04-12
Date of entry/update: 2023-04-12
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Description: "Myanmar: This morning, the Secretary-General’s Special Envoy on Myanmar, Noeleen Heyzer, briefed the General Assembly.She said that the military takeover in Myanmar, which is now in its third year, has had a devastating impact on the country and its people as violence continues at an alarming rate, adding that despite the brutal repression, widespread popular resistance to the military continues by non-violent and violent means across much of the country. I will be taking her to the Security Council stakeout soon, you will know when that happens..."
Source/publisher: UN Department of Global Communications
2023-03-16
Date of entry/update: 2023-03-16
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Description: "Madame Vice-President, Distinguished Delegates, It is an honour to share my reflection on Myanmar’s urgent crisis and my efforts as the Special Envoy of the UN Secretary-General on Myanmar. I am grateful that the General Assembly in December 2022 renewed its resolution for my role and continued support to my all-stakeholder approach in promoting a Myanmar-led process reflective of the will of the people. In the resolution, Member States called for an immediate end to violence, safe and unimpeded humanitarian access, release of political prisoners and the need to find durable solutions for the Rohingya. It underlines “the need for a peaceful solution for Myanmar, through an inclusive and peaceful dialogue between all parties, in accordance with the will and interests of the people of Myanmar.” Madame Vice-President, In its third year, the impact of the military takeover on the country and its people has been devastating. Violence continues at an alarming scale. On 1 February, the military extended the State of Emergency and intensified its use of force, including aerial bombing, the burning of civilian structures and other grave human rights violations to maintain its grip on power. Martial Law has been extended to 47 townships and the regime has revived a 1977 law allowing civilians it deems “loyal” to carry firearms. In Sagaing Region, the Bamar heartland and once a key recruiting ground for the military, there are recent reports of further atrocities including beheadings and mutilation of People’s Defence Forces (PDF) combatants. Violence continues to escalate in several of the country’s ethnic areas. We just received reports that 28 civilians were killed by the military at a monastery in Southern Shan state this weekend. I also recently met with ethnic Chin leaders who shared that Martial Law is currently in effect in eight out of nine townships in Chin State. They highlighted an increase in airstrikes and indiscriminate shelling targeting civilian areas and displacement sites. People on the ground have implored, “Please, the people are asking countries not to give military arms that are killing us and intensifying the conflict.” Despite brutal repression, widespread popular resistance to the military continues by non-violent and violent means, across much of the country. A generation that benefited from Myanmar’s previous opening up, especially the youth, is now disillusioned, facing chronic hardship and many feeling they have no choice but to take up arms to fight military rule. Heavy fighting has spread to areas previously unaffected by conflict, putting more civilian lives at risk and further complicating humanitarian operations delivering livesaving assistance to the people of Myanmar. The regime’s “four cuts” strategy – which seeks to block access to food, funds, information and recruits – continues to target civilians as collective punishment. The military’s Five-Point Roadmap – its exit strategy – which is supposed to conclude with elections, has been far from a pathway out of the crisis it has created. Despite stated intentions to deliver relief and build conditions for peace, the military has passed an “Organization Registration Law” and “Political Parties Law” that hinder humanitarian operations and shrink democratic space. The regime has accused resistance forces of violence while the National Unity Government (NUG) continues to point to the military’s brutality. The NUG has also condemned killings by the PDFs warning resistance groups not to perform inhumane acts. With both sides intent on prevailing by force, there is no prospect for a negotiated settlement. Humanitarian needs are rising across Myanmar as a result. As of today, 17.6 million people are in need of humanitarian assistance, more than 1.6 million are internally displaced and an estimated 55,000 civilian structures have been destroyed since February 2021. At least 29 per cent of households are facing moderate or severe food insecurity with conflict areas worst affected. Myanmar’s most vulnerable, including Rohingya and other ethnic minorities, the displaced, and women and children, are most gravely impacted. The cost in human suffering will multiply and the political, human rights, humanitarian and socioeconomic crisis will intensify if urgent action is not taken. We must send a strong signal that violence must end and support for democratic voices strengthened to help empower those seeking to chart a way for a peaceful future. Madame Vice-President, The Secretary-General and I have made clear that the military’s proposed elections in the absence of inclusive political dialogue and conditions that permit citizens to freely exercise their political rights without fear or intimidation risk exacerbating the violence. There is no public trust in the regime, whose interest is seen as consolidating its control by making a transition from emergency rule to a longer-term military-backed government. The arbitrary arrests and detention of democratically elected political leaders, civil society actors and journalists continue unabated. While severely underreported, women detainees increasingly face sexual harassment and violence. Madame Vice-President, It is critical that the country’s future is decided by the people through a Myanmar-led process, reflective of all voices especially women, youth and minorities, to ensure the needs of all communities are addressed. Sustainable solutions for the Rohingya people must be built into the design of a peaceful, inclusive and democratic Myanmar. Their voices have to be integral to decisions about their own future. More than five years since the forced mass exodus from Rakhine State, the Rohingya are persecuted and stateless, and continue to suffer extreme hardship, living in difficult conditions and facing tremendous challenges. Earlier this month, another massive fire ripped through a Rohingya refugee camp in Cox’s Bazar, affecting 15,000 people. The World Food Programme (WFP) has announced it needs to reduce rations for Rohingya refugees this month due to a severe funding shortfall amid competing global crises, issuing an urgent call for 125 million dollars to avoid the cut. For the 2023 Joint Response Plan for the Rohingya Humanitarian Crisis, the United Nations and partners have appealed for 876 million dollars. I urge Member States to redouble support to meet this extreme need. Now is not the time for donor fatigue. Madame Vice-President, I take this important opportunity to thank the Government of Bangladesh for showing humanity and immense generosity in carrying disproportionate responsibility in hosting over 1 million Rohingya refugees for more than five years. I also heed Bangladesh’s clear message that the current situation is not sustainable. 2022 was a deadly year for thousands of Rohingya who risked their lives in dangerous sea and land journeys. These increased by 360 per cent between 2021 and 2022 in the absence of progress in addressing the root causes of marginalization guided by the recommendations of the Advisory Commission on Rakhine State. Since my last report to the General Assembly, a humanitarian ceasefire in Rakhine State between the Arakan Army (AA) and Myanmar Armed Forces (MAF) has led to some improvements in humanitarian access in Rakhine. Access to northern Rakhine remains restricted, however, and the situation of the Rohingya remains precarious. Taking advantage of the ceasefire, the State Administration Council (SAC) is preparing for the return of Rohingya refugees and IDPs. I fully support the General Assembly’s call that the return and relocation of displaced persons is carried out in accordance with international standards and best practices. Return cannot be the mere act of closing camps or moving people. It must be a process that achieves durable solutions and guarantees the safety and wellbeing of the population concerned. Issues such as citizenship, freedom of movement, land ownership and access to education, schools and livelihoods must be properly addressed. During my visit to Bangladesh last year, the Rohingya made it clear they want to be engaged directly in decision-making. They feel their exclusion from discussions and decisions about their future has entrenched their marginalization. It is imperative that sustainable solutions for the Rohingya people are integral to Myanmar-led solutions towards a peaceful, democratic and inclusive future. Madame Vice-President, In December, the Security Council adopted an unprecedented resolution on Myanmar, which stressed the importance of close coordination between the UN and ASEAN Special Envoys to address the Myanmar crisis. Three days ago, Indonesia’s Foreign Minister and I briefed the Security Council reinforcing this cooperation between ASEAN, the UN and international partners. We stressed that the people of Myanmar must see concrete progress in the ASEAN Five-Point Consensus, namely de-escalation of violence and unimpeded humanitarian aid towards alleviating the suffering of all communities. The Security Council resolution complements the resolution of the General Assembly and is an opportunity to further develop a coherent international response to the crisis, promoting a Myanmar-led process reflective of the will of the people, the delivery of humanitarian assistance without discrimination, respect for human rights, addressing the root causes of the Rohingya crisis, and to work towards ending violence in all forms. As highlighted by the General Assembly and the Security Council, cooperation with regional organizations such as ASEAN, the Organisation of Islamic Cooperation (OIC) and the European Union is essential and close coordination with these organizations and their respective Envoys, as called for by this Assembly, constitutes a vital part of my work. Madame Vice-President, Despite the grim situation with ongoing challenges, there are clear areas where we can try to make some meaningful progress. In recent interviews with Rohingya mothers, young women and youth rescued during precarious sea journeys, they all had a single message – “we want a future and education.” Education is a powerful tool to transform lives, avoid a “lost generation” and enable the Rohingya to become leaders and contributors upon their voluntary and sustainable return to Myanmar. I deeply appreciate my crucial partnership with the OIC and its Special Envoy in our collaboration to seek practical solutions to the Rohingya crisis, including our initial discussions during my recent visit to Jeddah on the possibility of upscaling education for the Rohingya. Accountability remains essential, and I continue to remain in close contact with the Office of the High Commissioner on Human Rights, the Special Rapporteur on the situation of human rights in Myanmar and the Independent Investigative Mechanism on Myanmar (IIMM). Madame Vice-President, In delivering my mandate, I will continue to focus on reducing the suffering of the people of Myanmar through concrete initiatives and based on continued close engagement with relevant partners and stakeholders, including affected communities. At the request of Myanmar actors, including key ethnic armed organizations, the NUG and humanitarian civil society organizations, I have supported their efforts to establish and convene an Inclusive Humanitarian Forum (IHF), which aims to open up operational space to deliver humanitarian aid through all available channels. The Forum could comprise core group of Member States, notably Myanmar’s neighboring countries and other regional actors, to engage inclusively in seeking a comprehensive assessment of ground realities and identify ways to overcome obstacles for operational actors to more effectively reach those in need. My discussions on the IHF continue to advance, and the Myanmar stakeholders have established a Joint Secretariat that also includes civil society representatives. Already, the IHF discussions with local actors have proven to be an important vehicle driving constructive discussions and building greater solidarity and coherence. I have been working with Indonesia as the new ASEAN Chair. Foreign Minister Retno Marsudi and I are in close cooperation. I have discussed with her the urgency of concrete progress on the ASEAN Five-Point Consensus to contribute to a conducive environment towards the path of national reconciliation. We have also discussed the possibility of a regional framework to protect the Rohingya and all refugees from Myanmar. I echo the call of the Secretary-General to ASEAN leaders at their November Summit to maintain open borders and provide protection and assistance to refugees from Myanmar, in line with the humanitarian and non-political nature of asylum, so that no refugee is forced to return to unsafe conditions in Myanmar. I look forward to visiting Jakarta to further advance our collaboration. Madame Vice-President, It is important we continue to advance the Women, Peace and Security (WPS) agenda on Myanmar, empowering women and youth as change agents. We must amplify their voices and utilize the expertise of those on the ground, listening to them to understand their struggles, and ensure women play leading roles in bringing about positive change to their communities and country. I welcome Member States’ support as I plan to organize a roundtable on Myanmar “Envisioning the Future through Women’s Eyes” ahead of the Security Council Open Debate on WPS later this year, which I hope will be an opportunity to amplify the voices of women leaders on the ground and their important work. Madame Vice-President, Despite the tragedies and deep uncertainty in Myanmar, there is unprecedented solidarity that has emerged in the country. People, especially women and youth across communities, are working together to address old divides along ethnic and religious lines. They are shaping the country’s internal dynamics and politics to reset Myanmar’s democracy, human rights and governance deficit. I know that this General Assembly will renew its commitment supporting the will of the people, including the Rohingya, to build a peaceful, just and democratic union of Myanmar for all. Thank you..."
Source/publisher: United Nations
2023-03-16
Date of entry/update: 2023-03-16
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Description: "Human Rights Council Fifty-second session 27 February–31 March 2023 Conference room paper of the Special Rapporteur on the situation of human rights in Myanmar Summary Having failed to secure control of Myanmar and recognition by most Member States as legitimate, the military junta, or State Administrative Council (SAC), of Myanmar finds itself at a turning point two years after launching an illegal military coup. As widespread public opposition continues and attacks by its forces on villages intensify, the SAC will step up its efforts to advance its false claim to legitimacy in 2023, including by orchestrating a sham “election.” Its goal is to reverse its international isolation abroad and portray as inevitable its claim as the government of Myanmar to audiences at home, rendering continued popular opposition both dangerous and futile. Member States of the UN have an important responsibility and role to play in determining whether Myanmar’s military junta will succeed in achieving its goal of being accepted as legitimate and gaining control of a nation in revolt. This conference room paper is presented to Member States as a resource to meeting this responsibility. The paper addresses the claims of the SAC to be a legitimate government by both examining its claim that its coup was legal under a constitution that it drafted and put into place in 2008 and by applying international standards as established by two core doctrines that have informed the recognition of governments since World War II. The conclusion of this analysis is clear – the SAC’s military coup was illegal and its claim as Myanmar’s government is illegitimate. The core leadership of the administrative and legislative elements of Myanmar’s democratic government that the SAC prevented from forming have reconstituted in opposition to the SAC. The National Unity Government (NUG), the Committee Representing Pyidaungsu Hluttaw (CRPH), and the National Unity Consultative Council (NUCC) were created to represent the will of Myanmar’s people, with the NUG forming the administrative side of government in this transitional period. The NUG provides the international community with a credible alternative to the SAC. Applying the same international standards of legitimacy used to examine the legitimacy claims of the SAC, this paper finds that the NUG has a far stronger claim to legitimacy. The paper also examines in detail Member States’ interactions with the SAC, highlighting those actions that have delegitimized or withheld recognition to the SAC, and those actions by Member States that have created the appearance of legitimacy. The Special Rapporteur urges that Member States who support human rights, democracy, and the aspirations of the people of Myanmar publicly reject the SAC’s false claim as a legitimate government and instead recognize the NUG as the legitimate representative of the people of Myanmar. He also urges Member States to reject the sham elections the SAC is planning to hold by August 2023. Finally, the Special Rapporteur reiterates his recommendation that the Member States who stand with the people of Myanmar immediately form a working group of governments to develop and implement a coordinated strategy that can deny the SAC the weapons and resources that it requires, while supporting the people of Myanmar with humanitarian and other forms of non-lethal aid..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2023-01-30
Date of entry/update: 2023-03-10
Grouping: Individual Documents
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Description: "INTRODUCTION: This report, prepared by the Office of the High Commissioner for Human Rights, describes the overall human rights situation in Myanmar, including that of Rohingya Muslims and other minorities. The Office does not have access to Myanmar; findings are based on over 96 interviews and meetings with victims, survivors and corroborated by satellite imagery, verified multimedia files, and credible open-source information as well as regular collaboration, data and information exchanges within the UN system. Figures of casualties likely represent an underestimation of the reality on the ground..... CONTEXT: Two years after the military coup, people in Myanmar remain exposed to daily human rights violations. Myanmar’s conflict landscape has changed dramatically, highlighting concerns for the protection of civilians. By late 2021, and throughout 2022, violence intensified especially in the north-west and south-east, deployment of airstrikes and artillery shelling, mass burnings of villages to displace civilian populations, and denial of humanitarian access. The military also unilaterally adopted rules to decimate anti-coup opposition and to dismantle the expanded civic space that had significantly contributed to Myanmar’s development. with the military employing its “four-cuts” strategy: indiscriminate..."
Source/publisher: UN Office of the High Commissioner for Human Rights via "Reliefweb" (New York)
2023-02-28
Date of entry/update: 2023-03-03
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Description: "GENEVA (3 March 2023) – Myanmar’s military has created a perpetual human rights crisis through the continuous use of violence, including the killing, arbitrary arrest, torture and enforced disappearance of anti-coup opponents, a report published by the UN Human Rights Office said today. “Two years after the military launched a coup, the generals have embarked on a scorched earth policy in an attempt to stamp out opposition,” the UN High Commissioner for Human Rights, Volker Türk, said. “Tragically, regional and global efforts for peace and restraint have largely fallen on deaf ears. The military, emboldened by continuous and absolute impunity, has consistently shown disregard for international obligations and principles. Urgent, concrete action is needed to end this festering catastrophe.” The report echoed calls by the Security Council and ASEAN for, among other things, an immediate halt to the violence, the release of all those arbitrarily detained, accountability, and unhindered humanitarian access. The report documents a litany of human rights abuses from 1 February 2022 to 31 January 2023, accompanied by a sharp rise in violence especially in the north-western and south-eastern parts of Myanmar. It cites credible sources as having verified the deaths of at least 2,940, and 17,572 arrests by the military and its affiliates since the coup. Nearly 80 per cent of the country’s 330 townships have been impacted by armed clashes. The military employs its so-called four-cuts approach - including through indiscriminate airstrikes and artillery shelling, razing villages to displace civilian populations, and denial of humanitarian access - to cut off non-State organized armed groups and other anti-military armed elements from access to food, finances, intelligence and recruits. Among the numerous incidents of airstrikes, on 16 September - in Let Yet Kone village, Tabayin Township, Sagaing - four helicopters opened fire on a school killing at least six children and injuring nine others. After some 60 soldiers deployed from helicopters to the ground, they reportedly raided the village, executing a school technician and five villagers before arresting wounded children and teachers. In another incident, on 20 October, an airstrike against a newly opened hospital in Man Yu Gyi village, Banmauk Township, Sagaing, killed one woman and injured five others. A source reported that the hospital had been inaugurated a day earlier and victims were all volunteers at the facility. One of the most frequently used tactics by the military is the systematic and widespread burning of villages and dwellings. Consistent with their modus operandi documented over decades, including in Kachin in 2011 and Rakhine in 2017, UN reports indicated that nearly 39,000 houses nationwide have been burnt or destroyed in military operations since February 2022, representing a more than 1,000-fold increase compared to 2021. Sagaing was the most affected region, accounting for over 25,500 homes. In an incident on 1 May 2022 in Ah Shey See, Kale Township, Sagaing, satellite images suggest the burning of almost the entire village with 621 structures destroyed. Satellite imagery coupled with interview reports suggest that between 16 and 28 September in Taze Township, Sagaing, the military destroyed 458 houses and damaged another 319 across eight villages during a series of raids and attacks. The military’s mismanagement of the economy has provoked an economic crisis for much of the population, resulting in the doubling of poverty rates compared to March 2020. Nearly half of the population now lives in poverty, and rural populations are reported to be at risk of starvation as the military imposes further restrictions on access to areas affected by violence and conflict. Compounding the situation, main supply routes and waterways across the country have been blocked, preventing humanitarian actors from reaching 17.6 million people in need. “The military has also adopted rules, including martial law, intended to target anti-coup opposition and severely restrict the civic space that had significantly contributed to Myanmar’s democratic transition,” Türk said. “Across Myanmar, people are continuously exposed to violations and crimes, including killings, enforced disappearances, displacement, torture, arbitrary arrests, and sexual violence. There are reasonable grounds to believe that the military and its affiliated militias continue to be responsible for most violations, some of which may constitute crimes against humanity and war crimes,” the UN Human Rights Chief said..."
Source/publisher: UN Office of the High Commissioner for Human Rights via "Reliefweb" (New York)
2023-03-03
Date of entry/update: 2023-03-03
Grouping: Individual Documents
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Description: "Human Rights Council Fifty-second session 27 February–31 March 2023 Agenda items 2 and 4 Annual report of the United Nations High Commissioner for Human Rights Human rights situations that require the Council’s attention Summary Prepared pursuant to Human Rights Council resolution 47/1, this report identifies trends and patterns of human rights violations that occurred in Myanmar between 1 February 2022 and 31 January 2023. Two years after launching a coup, the military has brought the country into a perpetual human rights crisis through continuous use of violence, including killing, arbitrarily arresting, torturing, forcibly disappearing, prosecuting, and sentencing anti-coup opponents. Urgent, concrete actions are needed to ensure that all people in Myanmar enjoy their fundamental rights and freedoms. Recommendations are made to all parties, including military authorities, the ‘National Unity Government’, and the international community. Introduction and methodology In resolution 47/1, the Human Rights Council requested the United Nations High Commissioner for Human Rights to monitor and follow up on the implementation of the recommendations made by the independent international fact-finding mission, including those on accountability, and to continue to track progress in the situation of human rights in Myanmar, including of Rohingya Muslims and other minorities, with the support of specialist experts and in complementarity to the work of the Independent Mechanism for Myanmar and reports of the Special Rapporteur and to present…a written report at its 52nd session. This report covers human rights concerns documented by the Office of the High Commissioner for Human Rights (OHCHR) between 1 February 2022 and 31 January 2023 analyzing verified patterns of human rights violations and of international crimes committed by the Myanmar military and other groups. It highlights relevant trends and patterns in respect of violations of international human rights, humanitarian, and criminal law. OHCHR collected testimonies and information from primary sources, including victims, survivors, witnesses, and satellite images, and verifiable secondary sources – all of which underwent a credibility assessment in accordance with OHCHR’s standard methodology. Without access to Myanmar, OHCHR conducted its documentation activities remotely. A total of 96 interviews were conducted with on-the-ground sources despite significant challenges, including long-term, localized internet shutdowns. OHCHR organized formal and informal consultations with civil society and non-governmental organizations, thematic experts, and other relevant interlocutors. This report also reflects regular collaboration, data and information exchanges within the United Nations (UN) system. OHCHR submitted questionnaires to the Myanmar military authorities and the ‘National Unity Government’; their responses are explicitly referenced in the report. Given the continuous protection and personal safety risks people in Myanmar face daily, OHCHR has prioritized the safety of interlocutors above all other considerations. Factual determinations of incidents and patterns were made where there were reasonable grounds to believe that relevant incidents had occurred. Figures of casualties likely represent an underestimation of realities on the ground..."
Source/publisher: United Nations Human Rights Council (Geneva)
2023-02-24
Date of entry/update: 2023-03-03
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Description: "The UN Special Rapporteur on the situation of human rights in Myanmar today urged the Republic of Korea (ROK) to take even stronger action to help reverse the international community’s failure to address the crisis in Myanmar. “The Republic of Korea can play a vital leadership role in denying the Myanmar junta the means to continue holding 54 million people hostage while becoming a leader in providing humanitarian support to those in desperate need,’’ said Tom Andrews, the UN expert, at the end of a six-day official visit to the Republic of Korea. In a statement delivered at the end of his visit, the Special Rapporteur urged the government to build on the positive steps it has taken including publicly denouncing the coup, imposing an arms embargo, and issuing a moratorium on forced returns of Myanmar nationals back to Myanmar. “The ROK can lead by example to prevent Myanmar nationals from being forcibly returned to Myanmar from other countries,” said Andrews. “Given the brutal violence being perpetrated by the junta, no country should force anyone back to Myanmar. The ROK has established an unambiguous policy that protects people from being forced back to Myanmar. It should be considered as a model for all countries in the region.” Andrews highlighted the ROK’s unique position to have a positive impact on the situation in Myanmar. “Not only is the ROK a strong regional power with a vibrant economy and a member of ASEAN+3, but as I learned in my travels here, the people of the ROK can identify deeply with a people who are under siege and yet are also defiant and committed to undoing the shackles of a military dictatorship.” “Now it is time for the ROK to build upon the positive steps it has taken and transform its political support and empathy for Myanmar into even stronger action,’’ Andrews said. Andrews provided recommendations to the government at the end of his visit. “The Republic of Korea should denounce the fraudulent elections that the junta is planning for next year, impose economic sanctions on key economic targets associated with the junta, and expand upon its humane treatment of those Myanmar nationals residing in the ROK while encouraging Myanmar’s neighbors to do the same.” “While the humanitarian visa programme allows Myanmar nationals with valid visas in the ROK to legally extend their stay and have access to employment, I urge the Government to deepen these efforts by ensuring that all persons from Myanmar residing in the ROK, including irregular migrants, can regularise their status, to avoid exploitation and abuse,” stated Andrews. During his visit, Andrews met government officials, civil society and human rights representatives and CEOs of major Korean businesses with operations in Myanmar. He also met with the National Unity Government’s Representative to the ROK Korea, and members of the Bamar, Karen, Chin, Kachin, Mon and Rakhine ethnic groups who are currently in Myanmar. Andrews travelled to the city of Gwangju, where he visited memorial sites of the May 18 Revolution and met with members Gwangju Myanmar solidarity movement. ENDS Mr. Thomas Andrews, is the Special Rapporteur on the situation of human rights in Myanmar The Special Rapporteurs, Independent Experts and Working Groups are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: Office of the United Nations High Commissioner for Human Rights (Geneva)
2022-11-21
Date of entry/update: 2022-11-21
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Description: "BANGKOK – The Special Envoy of the Secretary-General on Myanmar Noeleen Heyzer is encouraged by the announcement of the mass release of detainees in Myanmar and reiterates the Secretary-General’s call for the immediate release of all of those who continue to be arbitrarily detained, including President Win Myint and State Counsellor Aung San Suu Kyi. Special Envoy Heyzer reinforced her call for the release of all children and political prisoners who are being detained in prisons or other facilities in Myanmar, which she conveyed during her mission to Nay Pyi Taw in August along with the requested release of Australian economist Sean Turnell, who was freed during the recent mass release. The Special Envoy appreciates continued support from Member States including in the UN Security Council and UN General Assembly that have echoed calls for the immediate release of all political detainees and strongly condemned arbitrary detention, arrest and politically motivated convictions, sentencing and executions, including of opposition activists..."
Source/publisher: Office of the Special Envoy of the Secretary-General on Myanmar
2022-11-19
Date of entry/update: 2022-11-19
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Description: "There is mounting evidence that crimes against humanity and war crimes in Myanmar are intensifying. The people of Myanmar continue to suffer because of the lack of accountability for those who believe they answer to no law. In this context of impunity, the work of the Independent Investigative Mechanism for Myanmar has never been more important. Every person in my team is committed to the Mechanism’s vision of collecting the evidence needed to ensure that perpetrators of the most serious international crimes in Myanmar face justice. The preliminary findings outlined in our fourth Annual Report released in August indicate that there are widespread and systematic attacks against the civilian population of Myanmar. We are regularly receiving reports of indiscriminate attacks and heinous crimes perpetuated by members of the security forces and armed groups against civilians, including children. These crimes include torture, rape and other forms of sexual violence against both men and women. While the Mechanism is very actively collecting evidence of crimes committed in the post-coup period, we continue to focus on crimes against the Rohingya, particularly related to the 2017 clearance operations. August marked five years since the wave of violence that resulted in around three-quarters of a million Rohingya fleeing their homes to neighboring Bangladesh. On my recent visit to Cox’s Bazar where most of those displaced now live, Rohingya I met consistently asked how the Mechanism could help them return to their homes in Myanmar. As I explained to them, the Mechanism hopes that by helping to bring those responsible for the crimes that led to their forced displacement to justice, we will contribute to creating conditions that will allow their safe and voluntary return to their homes. We are committed to collecting evidence of the individuals responsible and supporting legal proceedings, including ensuring close cooperation and timely sharing of evidence with the ongoing investigations by the International Criminal Court and The Gambia v. Myanmar proceedings before the International Court of Justice. I am grateful to the many brave individuals who have provided us with vital first-hand information about the crimes that have been committed in Myanmar, and to the Member States who have supported us to conduct in-person screenings and interviews on their territories. Conducting voluntary face-to-face interviews with witnesses is essential for our efforts to build files that will effectively facilitate criminal prosecutions. The Mechanism prioritizes the safety and security of witnesses and endeavors to refer witnesses to partners who can provide psychological and/or medical assistance to those who seek it. We call on all Member States who support accountability efforts to each do their part to ensure that witnesses are safe and have access to psychological and medical support. For decades perpetrators of serious international crimes in Myanmar have believed that they could act with impunity. At the Mechanism, we are committed to breaking this cycle and we are focusing all our efforts to ensure that those responsible for serious international crimes in the country will one day face justice..."
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Source/publisher: Independent Investigative Mechanism for Myanmar
2022-10-25
Date of entry/update: 2022-10-25
Grouping: Individual Documents
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Size: 4.21 MB 4.28 MB
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Description: "SEVENTY-SEVENTH SESSION, 31ST & 32ND MEETINGS (AM & PM) GA/SHC/4358 25 OCTOBER 2022 Delegates Stress Need to End Violence, including Extrajudicial, Summary or Arbitrary Executions Speakers highlighted the need for democratic rule in Myanmar, an end to extrajudicial, summary or arbitrary executions and fundamental freedoms while countering terrorism, as the Third Committee (Social, Humanitarian and Cultural) continued its interactive dialogues on human rights. One of seven experts and mandate holders briefing the Committee, Noeleen Heyzer, Special Envoy of the Secretary‑General on Myanmar, stressed the catastrophic toll and severe impact the crisis in that country is having on its people. “Military operations continue with disproportionate use of force in Myanmar, including aerial bombings, burning of civilian structures, and the killing of civilians, including children”, she said. People in Myanmar are no longer willing to accept military rule, she continued emphasizing the need for an inclusive process to lead Myanmar back to democracy. Outlining vital measures to be taken, she said they include an end to aerial bombing and burning of civilian infrastructure and delivery of humanitarian assistance without discrimination. The military must also release children and political prisoners, end summary executions and ensure the well‑being of State Counsellor Aung San Suu Kyi. In a similar vein, Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions, presented a report on that topic (A/77/270), noting that such practises are witnessed globally. Urging concerned nations to investigate all cases, he called on States to avoid the excessive use of force, potentially resulting in the loss of lives, as recommended in his mandate. During the ensuing interactive dialogue, the representative of Myanmar condemned summary executions committed by the illegal military, underlining the total lack of trial standards and due process, torture of detainees and arbitrary killings. The representative of Armenia, pointing to the execution of a group of unarmed Armenian servicemen, called for a reliable investigative mechanism. Also stressing the need for independent investigations, the representative of Mexico spotlighted the need for protection of prisoners in extraditions to countries where a crime is punished by death. Also addressing the Committee, Fionnuala Ní Aoláin, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, expressed concern that States engage in peace work through a terrorism, rather than peace, lens. This displaces international legal frameworks and undermines grassroot participation, she said, adding that counter‑terrorism requires compromise, including by working with actors who have previously engaged in violence. In the ensuing interactive dialogue, the representative of Pakistan said that an unclear definition of terrorism has failed to distinguish between terrorism and self-determination, freedom of assembly and minority rights. Further, she expressed concern that, since the 11 September 2001 attacks in the United States, terrorism is unjustly associated with Islam. The representative of Cuba asked what States could do to bring the United States to justice for its so‑called War on Terror, which resulted in extrajudicial killings and Guantanamo Bay prison, where 39 people are still arbitrarily detained. Responding, the representative of the United States said that the Government is currently making a transparent effort to transfer prisoners and close the Guantanamo Bay prison. Also briefing the Third Committee today was Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Livingstone Sewanyana, Independent Expert on the promotion of a democratic and equitable international order; Fernanda Hopenhaym, Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises; and Attiya Waris, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights. The Committee will reconvene at 10 a.m. on Wednesday, 26 October, to continue its consideration of human rights. Interactive Dialogues: Freedom of Religion NAZILA GHANEA, Special Rapporteur on freedom of religion or belief, presenting the report of her predecessor, Ahmed Shaheed, on Indigenous Peoples’ rights under that topic (document A/77/514), noted that they comprise 476 million people worldwide. Indigenous peoples belong to over 5,000 groups, live in 90 countries, speak over 4,000 languages, and own, occupy or manage over one‑quarter of the world’s land, yet only enjoy secure tenure of 10 per cent of that land, she said. Stressing that they experience severe and systemic discrimination, hostility, and violence at the hands of both State and non‑State actors, she noted that they make up just 6 per cent of the global population, but account for some 19 per cent of the extreme poor. Further, the report details the obstacles they face in enjoying their right to freedom of religion or belief, stressing that they face State restrictions on their spiritual ceremonies, symbols and leaders. Noting that indigenous peoples are often disproportionately vulnerable to environmental crises and experience intersectional barriers, she pointed to the vulnerability of indigenous women to trafficking, sexual and gender‑based violence, and harmful practices. Highlighting the report’s recommendations to States and other key stakeholders to better protect the right to freedom of religion or belief by indigenous peoples, she said that States should develop holistic and human rights‑based solutions, facilitate access to ancestral territories and uphold the requirement of the free, prior, and informed consent of Indigenous Peoples in every measure that affects them. Turning to priorities for her mandate, she noted that freedom of thought, conscience, religion or belief is often a poorly understood, violated and distorted right. The mandate will focus on entering into dialogue with States through received communications and welcome meetings to address issues, calling for technical assistance, she said. The representative of the United States expressed concern over increasing anti‑semitism, anti‑Muslim discrimination, attacks on Christians and other religious groups. Adding that promoting accountability for all those committing violations against freedom of religion and belief is key, she called on China to immediately end atrocities against the Uyghurs and mistreatment of Tibetan Buddhists. Stressing the importance of practicing religion without harassment, she condemned the killing of peaceful protests against the mandatory religious headscarf. She asked how multilateral institutions can better protect freedom of religion or beliefs for indigenous persons when Governments use security concerns to restrict spiritual practices. The representative of Indonesia rejected “inaccurate references” against her State in the report. In this regard, she cited the 2017 decision of Indonesia’s Constitutional Court enabling native beliefs to be included in the national identity register, fostering their recognition by the State. Questioning the credibility of the previous Rapporteur, she asked Ms. Ghanea to uphold the principles of impartiality, objectivity and accuracy. The representative of the European Union, in its capacity as observer, said that calls on States to uphold freedom of religion or belief constitute an obligation to protect all individuals, including persons holding nontheistic or atheistic beliefs, belonging to minorities and Indigenous Peoples. Expressing concern about restrictions imposed against indigenous peoples in the area of freedom of religion or belief, he asked how to better protect this right going forward. The representative of Pakistan, pointing to activities at the national and international level to promote the freedom of religion or belief and protect minorities, expressed concern over increasing islamophobia worldwide. She asked Ms. Ghanea what steps can be taken under her mandate to address the Islamophobia affecting Muslims globally. The representative of India, noting that his country represents a sixth of humanity and is a multireligious, multiethnic State, said that freedom of religion or belief is safeguarded by its independent judiciary. He rejected allegations in the report against India, stressing its inclusive nature, and called for impartial and objective reporting, based on credible sources. The representative of China pointed to rampant anti‑Muslim legislation in the United States, which is spreading Islamic threat theories across the world, including through the media. Noting that the war on terrorism has caused civilian casualties and deaths, she rejected allegations against her country regarding Xinjiang and Tibet as lies and double standards. The representative of Canada, noting that her country fully respects the rights to freedom of religion and belief, acknowledged that it has historically denied these rights. Pointing to Canada’s collaboration with indigenous peoples to promote their rights, she expressed concern over the global rise in religious hatred. Sharing the United States’ comments on China and Iran, she asked Ms. Ghanea how to better promote the values of inclusion to create an atmosphere of respect for religious beliefs. The representative of Iran expressed concern over the systematic discrimination against indigenous peoples in Canada as well as racism in law enforcement and the judiciary in the United States. Noting that the exercise of the freedom of expression carries special duties and responsibilities, she said that peaceful assembly can turn to violence in some cases and may be subject to restrictions if national security, public order or health are threatened. She invited Ms. Ghanea to continue following the situation of indigenous peoples in Canada and the United States. Ms. GHANEA, responding, said that freedom of religion and belief is only one violation Indigenous Peoples face, stressing that the report is rooted on the United Nations Expert Mechanism on the Rights of indigenous peoples and other bodies, spotlighting such abuses and concerns. Stressing the role of consultative groups, she said that free, prior, and informed consent of indigenous peoples must not be forgotten. Recognizing the role of multilateral institutions and other Special Rapporteurs, including those focusing on land, sacred sites and other human rights concerns, Ms. Ghanea said she is reaching out to these bodies. She urged States to respect a variety of religions and beliefs, including atheists or those who reject religion. Stressing that hate speech is a scourge in many societies, she said it will continue to be a matter of concern for her mandate. Noting the intersective nature of the right to freedom of religion or belief, she highlighted impacts of its violation on economic, social, cultural and political rights. “People are being prohibited from birth to death from being registered to being buried and everything in between in administrative processes, in daily life”, she said. She stressed the role non‑State actors, civil society and faith‑based organizations play in pushing Governments to address these issues. Adding that the mandate can support States to address their domestic challenges, including by carrying out country visits, she appealed to States to respond to her mandate’s communications, which will remain “violations‑centered” and emphasize communication. Also speaking in the dialogue were the representatives of the Netherlands, Cuba, Austria, Norway, Poland, Greece, Morocco and Hungary. Executions MORRIS TIDBALL-BINZ, Special Rapporteur on extrajudicial, summary or arbitrary executions, presenting his second report (document A/77/270) said his mandate resulted primarily from the clamour of victims, including mothers and families of victims of executions. Over the past year, he met with many representatives of States in Geneva and with academic and professional organizations, as well as non‑governmental organizations and families of victims to develop standards and good and best forensic practices. He issued a total of 194 State communications. The tragic reality of such executions, which are seen around the world, include atrocities and impunity, which affront human consciousness, he said, demanding investigations of all cases. States should ensure implementation of recommendations and standards developed by the mandate on avoiding the excessive use of force which could, in certain situations, lead to death. The report presented today includes a discussion on the death penalty as well as other cruel, inhuman and degrading treatment and punishment, he said. The mandate has clearly contributed to strengthening the protection of the right to life during the 40 years of its existence. The report confirms the irreplaceable contribution and need for the mandate, which identifies and alerts States to a gap which needs to be filled to ensure the effective implementation of norms and standards developed. The death penalty is a grave violation of the right to life, he said, adding that its imposition involves suffering equivalent to torture. It also tragically impacts the family and loved ones of the person sentenced. In the ensuing interactive dialogue, the representative of Mexico opposed application of the death penalty for all crimes. Stressing the need to enhance the work of independent investigations through the adoption of appropriate legal regimes, he asked the Special Rapporteur about good practices for extraditions in cases when the crime for which extradition is requested is punishable by death. On extraditions from an abolition State to a State with the death penalty, he asked about protection granted to the extradited person. The representative of the United States, raising concern over killings perpetrated by the Taliban against civil society and women rights activities since its takeover last year, asked about ways to prevent arbitrary and extrajudicial killings perpetrated by State actors. Echoing his concerns, the representative of the European Union, in its capacity as observer, highlighted the growing need for forensic capacity building globally. She asked the Special Rapporteur what States should do to ensure professionalism in investigations of any potentially unlawful deaths. The representative of Pakistan emphasized that States are responsible for preventing extrajudicial killings in all circumstances and protecting the right to life. However, this right has been flagrantly violated in conflict, especially in situations of foreign occupation, she cautioned, pointing to illegally occupied Jammu and Kashmir. New Delhi’s occupation forces are engaged in a campaign of killing Kashmiri youth as a political instrument to silence the demand for freedom. Such extrajudicial killings include organized massacres, targeted killings, custodial deaths and enforced disappearances, she said, noting that since 1989, more than 100,000 civilians have been killed extrajudicially. Yet, not a single Indian soldier has been punished for such extrajudicial killings, she asserted. In response, the representative of India, noting that the death penalty in his country is only used in rare cases, condemned yet another attempt by Pakistan to abuse the United Nations platform and spread its malicious propaganda against his country. Pakistan has been engaged in systematic persecutions, targeted killings, and discrimination against its ethnic and religious minorities, he stressed. The representative of Armenia drew attention to the evidence of summary executions of a group of his country’s servicemen who were captive and unarmed at the time of their execution. Stressing the importance of reliable investigative mechanisms to help ensure the investigation and prevention of unlawful killings, he asked the Special Rapporteur about ways to ensure that perpetrators of such heinous crimes are brought to justice. The representative of Myanmar condemned the summary and arbitrary executions perpetrated by the illegal military, voicing concern over the total lack of trial standards and due process, arbitrary killings, and torture of detainees. Responding to questions and comments, Mr. TIDBALL-BINZ called for coordinated efforts of States, non‑governmental organisations, academics and regional human rights organizations as well as the United Nations. To this end, he drew attention to the United Nations Manual on the Effective Prevention and Investigation of Extra‑Legal, Arbitrary and Summary Executions, known as the Minnesota Protocol, and stressed the importance of its implementation. He recommended that the Office of the United Nations High Commissioner for Human Rights (OHCHR) create a focal point within the Office for forensic capability, following the example of the International Committee of the Red Cross (ICRC). Such capacity within the institution can play an important role in supporting the special procedure and other human rights mechanisms. During his mandate, he has provided training to medical and forensic specialists and judges on the use of tools such as the Minnesota Protocol, he stressed. The most frequent form of torture is the threat of death against the victim and their family. “What is the death penalty if not that?” he asked, calling for abolition of this barbaric practice. Also speaking were representatives of Côte d’Ivoire, United Kingdom, Sweden, China, Iran and Egypt. Terrorism FIONNUALA NÍ AOLÁIN, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, presented her report on the relationship of peace work to promoting rights‑based societies. She recalled that United Nations’ peace work must hold the people themselves as the primary beneficiaries and not only Member States. She expressed concern that States increasingly engage in these processes through a terroristic, rather than a peace lens, which displaces international legal frameworks and undermines grassroots and civil society participation that is necessary for mediation and peace processes. She detailed her activities over the past year, highlighting visits to the Maldives, Uzbekistan and the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) as well engagement with issues such as repatriation of third‑party nationals in northeast Syria and citizenship stripping. She noted positive repatriation practices in various countries, including Uzbekistan, Tajikistan, the Russian Federation, France and the United States, encouraging others to follow their examples. As conflicts become more complex, counter‑terrorism and peacebuilding require compromise, sometimes working with actors who have formerly engaged in violence, and support for legal frameworks to regulate armed conflict, she said. Underscoring the need for financial investment for appropriate United Nations entities, she stressed that twenty years of investment in counter‑terrorism, especially human rights light and civil society absent counter‑terrorism, which lack independent oversight, and sustained monitoring and evaluation, has simply not delivered for States. She called on States to consider whether budget proposals in the Fifth Committee are delivering on the ground. She said her report highlights the misuse of the language of extremism language and terrorism by States that undermines trust and may harm human rights defenders. It also addresses proscription, she said, adding that “when we place people in situations where we cannot speak to them we cannot do our work”. Further, she urged all Member States to implement the Fourth Geneva Convention to ensure that demonization through the misuse of counter‑terrorism law occurring in complex occupation situations does not thwart efforts to end them. In the ensuing interactive dialogue, the representative of Mexico expressed concern that the human rights pillar of the United Nations only receives 3 per cent of the total annual budget. The representative of the European Union, in its capacity as an observer, asked Ms. Ní Aoláin to cite civil society initiatives with a positive impact on counter‑terrorism practices. The representative of Cuba asked what could be done by the international community to bring the United States to justice for its so‑called War on Terror, which resulted in extrajudicial killings, torture and Guantanamo Bay prison, where 39 people are still arbitrarily detained. The representative of China echoed Cuba’s statement, adding that the United States and its allies have committed war crimes in and around the Middle East, threatening the right to religion and dignity, and calling on the Special Rapporteur to prevent recurrence. The representative of Costa Rica stressed that the root causes of terrorism include poverty, hate speech, and foreign occupation, and called on Member States to respect international law. The representative of Pakistan said that an unclear definition of terrorism itself in counter‑terrorism regimes has failed to distinguish between terrorism and self-determination, freedom of assembly and minority rights. She expressed concern that, since the 11 September 2001 attacks in the United States, terrorism is unjustly associated with Islam. The representative of the United States said that the Government is in the process of making a transparent effort to transfer prisoners and close the Guantanamo Bay prison. The representative of Côte d’Ivoire said that disinformation gains ground in a context prone to terrorism, calling for vigilance with information and communications technology. Detailing laws and campaigns put in place to educate its population, he asked the Special Rapporteur how an international convention might address this situation. Responding to delegates, she said that civil society is indeed under attack through the misuse of counter‑terrorism law, stressing the importance of her work in documenting these instances. Further, the misuse of legislation is directly related to the lack of a set definition of terrorism, she said, adding that until precise definitions linked to acts of terrorism are adopted, misuse will continue. Affirming that the United Nations has many due‑diligence practices throughout its bodies, it is specifically lacking in counter‑terrorism operations and the cost is paid on the ground. Also, existing legislative frameworks fail to respond to right wing extremism, the greatest current threat, according to the Global Terrorism Index. Terrorism can only be addressed through a “whole‑of‑society” approach, she stressed. Underscoring that if counter‑terrorism does not apply human rights, international humanitarian, and refugee law, it may undermine the United Nations Charter itself. Also speaking were representatives of Switzerland, the Russian Federation, Qatar, the United Kingdom, Morocco, Ireland and India. An observer of the Sovereign Order of Malta also spoke. International Order LIVINGSTONE SEWANYANA, Independent Expert on the promotion of a democratic and equitable international order, presented his report on the main challenges to the maintenance of international peace and security at the global level. He described the current tragic events in Ukraine and beyond as a powerful reminder that international peace and security cannot be secured without achieving nuclear disarmament and reducing military expenditure in favour of sustainable development. Nuclear weapons are the most inhumane weapons ever designed, he said, noting that their presence in the military arsenal of some States is typically justified by the policy of so‑called nuclear deterrence to keep peace. However, due to the catastrophic humanitarian consequences that possibly entail, they fundamentally constitute an inherent threat to the very existence of humanity, he cautioned. Addressing challenges to international peace and security, he stressed the importance of long‑overdue reform of some key United Nations bodies. Firstly, the Security Council should become more representative and transparent, as its current composition fails to represent today’s geopolitical realities. Secondly, permanent Members of the Security Council should refrain from using their veto power to block the functioning of this body. In fact, the use of this key prerogative should always be in accordance with the purposes and principles of the United Nations. Thirdly, formal consultations with external stakeholders, in particular civil society organizations, should be put in place. Similarly, the General Assembly should exercise a greater role in decision‑making, he underscored. The representative of Azerbaijan rejected attempts to break down constitutional and democratic orders legitimately established by the people. She stressed the inalienable right of all peoples, particularly non‑self‑governing territories, as well as those under foreign occupation and colonial or alien domination to self‑determination. The exercise of this right remains valid and essential to ensure universal respect for human rights, she said, adding that the observance of international law and the fulfillment in good faith of States’ obligations is key for international peace and security. The representative of Venezuela denounced the increased use of unilateral measures to undermine the international order and multilateralism, imposing a system based on economic power. Stressing that such measures affect political dialogue and international cooperation, as well as economic growth and sustainable development, he underscored the impact they have on affected populations, including in accessing essential goods. Emphasizing the need to consolidate a proposal that addresses today’s challenges, he pointed to proposals made in the Third Committee, such as declarations on the right to development, international solidarity and responses to pandemics, stressing the need for an official systematization of unilateral coercive measures. He asked Mr. Sewanyana’s view on such proposals and how his mandate can contribute to making progress. The representative of Cuba, underscoring the disproportionate impact of the COVID-19 pandemic on economies, said that a new order can never arise if unilateral coercive measures are still in place violating human rights. Stressing that such practices are contrary to the United Nations Charter and international law, as they hamper development, he noted that they increased during the pandemic. He called on Mr. Sewanyana to continue to study the impact of these measures on the promotion of a democratic and equitable international order. The representative of Algeria said his country advocates for justice and cooperation in international relations as well as a new economic order that will enable all countries to leave no one behind. On the need to reform the Security Council and revitalize the General Assembly, he asked Mr. Sewanyana to share his thoughts and indicate what further actions the United Nations can take to promote a democratic and equitable international order. The representative of China said that, for political purposes, the United States and other countries have issued false information about other States, interfered in their affairs using human rights as a leverage, and advanced unilateral coercive measures. She called on the international community to reject hegemony, block politicization, and resist such measures. Responding, Mr. SEWANYANA stressed the role of multilateralism in overcoming global challenges, pointing to the 2024 Summit of the Future as an opportunity for the international community to address issues like the right to self‑determination and the necessity for all to ban the use of nuclear weapons. Inviting the United Nations General Assembly to reassert its role, he said that no single State, no matter how powerful, should override the decision of such a body. He invited the General Assembly to discuss the veto power in the Security Council as well as reform of the Council to make it more democratic, representative and responsive to the needs and aspirations of all. Foreign Debt ATTIYA WARIS, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, said that countries lose an estimated $483 billion in revenues per year, due to cross‑border corporate and offshore tax abuse by wealthy individuals. Such actions reduce the available pool of resources essential for investing in social policies and public services and realizing human rights. This is particularly concerning in a context where States face the economic and social impacts of multiple crises, which add pressure on nations, as it deprives them of significant resources to address the situation. It is also indicative of fundamental deficiencies at the international, regional and national tax governance architecture. States should promote a human rights‑based economy, one that enhances the well‑being and dignity of people, particularly those most marginalised, and that ensures human rights obligations are at the centre of financial and fiscal decision making. Critical principles of transparency, accountability, participation, social justice and fairness and justice should guide the development of such a system. States should align their fiscal policies and fulfil their financial obligations in line with human rights principles, she said. Tackling illicit financial flows has also been incorporated into the 2030 Agenda for Sustainable Development, including by reducing illicit financial flows and strengthening the recovery and return of stolen assets. The creation of a multilateral, inclusive and democratic fiscal architecture is crucial for States to fight the challenges of global tax avoidance and evasion. It is also necessary that States engage in international cooperation and assistance in the development and enforcement of fiscal law and policy, using democratic systems. In her report, Ms. Warie said, she has called States to take a range of measures, including: reform of the global taxation system in order to combat illicit financial flows, including extraterritorial obligations; a fourth International Conference on Financing for Development, that could discuss a United Nations tax convention and global tax body as well as current issues such as the benefits of a global asset registry; ensure that the promotion and realization of human rights is at the core of this reform; combat illicit financial flows, while strengthening international cooperation and assistance; and to launch negotiations of a United Nations led global tax convention. In the ensuing dialogue, the representative of Cuba said the impact of external debt on human rights, particularly social and cultural rights and the right to development, are undeniable, adding that Covid‑19 has shown the challenges facing developing countries in achieving these goals. Some countries chose to impose coercive unilateral measures, which have negative effects on the enjoyment of human rights, she said, stressing that the Independent Expert should investigate this further. The representative of the Russian Federation called on the Independent Expert to investigate Western countries that force other States to declare technical default due to their inability to service foreign debt, as such nations freeze their gold and other reserves. The representative of China said developed countries and multilateral institutions should do more to ensure debt relief for developing countries and expedite the return of illicit funds to countries of origin. The representative of Cameroon asked what impact a convention negotiated under United Nations auspices would have on the international financial architecture and financing for development as a whole. The representative of Algeria said it is time to review the international debt system, pointing out that countries are struggling to recover stolen assets. He asked how the inception of such bodies as mentioned by the Independent Expert could help. Responding, Ms. WARIS, Independent Expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights, noted that earlier this year many Special Rapporteurs and Experts wrote a letter to the United States on the freezing of bank reserves, in the context of Afghanistan. Many developing countries do not have enough reserves, which impedes them from participating in regional membership groups, as they do not have the funds. There was a small gain post‑Covid‑19, but some countries are still going through the crisis, and thus the trade offs on how to spend money are resulting in a decision‑making quandary for many countries. There are private entities and corporations that control how financial information is shared, which layers the debt crisis over all others, she said. There are many issues concerning the division of private and public finance, she said, adding that more needs to be moved to public spaces, where they can be debated in a more transparent manner. The creation of a body where these discussions can take place will improve democracy in the world. There is currently a United Nations Committee on Tax Cooperation, she noted, but it needs to have value added to it, or be replaced by a larger entity where tax discussions can take place. The rescheduling of debt is not a solution, Ms. Waris said, as it multiplies the amount of debt incredibly. The vulnerability and shocks to the economy that developing countries are suffering is going to be a problem if the international community does not get a handle on interest rates. The biggest challenge facing the achievement of the Sustainable Development Goals is the lack of accessible financial resources to achieve human rights. The international community needs to come together and unlock resources that exist, making them available to the most vulnerable. Also speaking in the dialogue was the representative of Mali. Transnational Corporations and Other Businesses The Chair of the Working Group on the issue of human rights and transnational corporations and other business enterprises, Fernanda Hopenhaym, presented the report (A/77/201) entitled “Corporate Influence in the Political and Regulatory Sphere: Ensuring Business Practice in line with the Guiding Principles on Business and Human Rights”. She said it aims to distinguish between modes of corporate engagement that are rights‑respecting and those that may lead to human‑rights abuses. Private sector participation in policymaking must be conducted transparently and responsibly in line with the United Nations Guiding Principles, she said. Stressing that the Principles call on businesses to identify negative impacts and mitigate risks, she said that States and multilateral institutions have not done enough to require businesses to align their political engagement with human rights. Specifically, corporate influence in the political and regulatory spheres have produced negative impacts in contexts of climate, food, water and housing crises. The report states that corporate political engagement includes several categories of activities undertaken by businesses to influence political processes, such as influencing policymakers, academia, public narratives around political issues and the judiciary, she said. While all these activities may have legitimate applications, they can also lead to business‑related human rights abuses when carried out irresponsibly. They occur when businesses ignore human rights risks associated with political engagement and practice with weak oversight or a lack of transparency and due diligence. She offered recommendations to States to ensure coherence between businesses’ political activities and their respective human rights duties, including mandatory human rights due diligence legislation applying to businesses, mandatory lobbying registers and disclosure as well as conflict of interest laws and other asset disclosure systems for government officials and regulators. In the ensuing interactive dialogue, the representative of Morocco said that businesses are important stakeholders and therefore their engagement is useful. She asked what best practices are in training business actors who are not skilled in politics or law. The representative of Luxembourg detailed the country’s Registry of Transparency, which requires parliamentary members to register contacts with all non‑legislative actors. The representative of Malaysia, noting that the report mentions that his country is misleading the public on palm oil, said that the industry employs more than three million Malaysians, and the Government implemented a sustainable palm oil scheme in 2015. Further, the State has demanded that labour laws be respected and established an online platform for workers to lodge complaints. Despite this work, the industry, the country’s gross domestic product (GDP) and workers are suffering, he said, calling for public education about positive steps for change that the Government has implemented. The representative of Portugal said that negotiation is currently underway in Geneva on a business and human rights instrument, adding that global conflict has increased opportunities for businesses to commit human rights violations. Detailing the country’s steps to create its own regulatory framework, he asked the Special Rapporteur what advice she would give to countries that are planning to draw up similar legislation for the first time. The representative of the United States expressed concern about the ways that corporate influence can put human rights defenders at risk, particularly through lawsuits. The representative of China expressed concern about references in the report to the United States’ trade and human rights abuses through lobbying. Highlighting massive layoffs in the country that affected minorities disproportionately, she also decried forced labour and trafficking in the agriculture sector. She added that if the United States truly cared about human rights, it would act on its own violations instead of causing unemployment in Xinjiang. The representative of Syria said that he felt unattached to the subject as economic blockades prevent businesses or multinationals from operating in his country. In her response, Ms. HOPENHAYM advocated a smart mix of measures tailored to States’ needs to protect human rights in a business context, including national action plans and regulatory public policies. Voicing support for the discussions and ensuing legal instrument, she said that an independent expert is also contributing to discussions there. She encouraged States to have their own discussions internally on how to regulate businesses and lobbies with multiple stakeholders including businesses and civil society actors to acknowledge power imbalances. The discussions themselves must be regulated, she said, or undue influence may only increase human rights violations. Adding that human rights defenders must also be protected, she recalled the Guideline her Group published in 2021 as well as a report on corruption. She highlighted future visits to Luxembourg, Liberia, and Argentina, as well as this year’s Forum on Business and Human rights entitled “Rightsholders at the Center”. Also speaking were representatives of Switzerland, France, Ireland, and Russian Federation, the representative of the European Union spoke in its capacity as an observer. Special Envoy on Myanmar NOELEEN HEYZER, Special Envoy of the Secretary‑General on Myanmar, warned that the political, human rights and humanitarian crisis in Myanmar continues to take a catastrophic toll on the people, with 13.2 million facing food insecurity, 1.3 million internally displaced, and 40 per cent of the population living below the poverty line. Military operations continue using a disproportionate use of force, including aerial bombings, burning of civilian structures, and the killing of civilians, including children. In this context, she condemned the recent indiscriminate air strikes in Kachin State that killed many civilians. The plight of the Rohingya people, along with other forcibly displaced communities, remains desperate, with many seeking refuge through dangerous land and sea journeys. The violence between the Arakan Army and the military in Rakhine has escalated to levels not seen since late 2020, with significant cross‑border incursions, harming conditions for durable return, and prolonging the burden on Bangladesh as a host country of about 1 million Rohingya refugees. Calling for an inclusive Myanmar‑led process to the democratic transition, she urged the military to end aerial bombing and burning of civilian infrastructure; ensure the delivery of humanitarian assistance without discrimination; release all children and political prisoners; put in place a moratorium on executions; and ensure well‑being of State Counsellor Aung San Suu Kyi. She also highlighted Myanmar’s responsibility to create conditions for the voluntary and safe return of Rohingya refugees. The recent forced return of Myanmar nationals underlines the urgency of a coordinated Association of Southeast Asian Nations(ASEAN) response to address shared regional challenges caused by the conflict, she underscored, describing education as a powerful tool to prepare Rohingya refugees for their return to Myanmar. “There is a new political reality in Myanmar: people demanding change, no longer willing to accept military rule,” she asserted. The representative of Myanmar said the air strike carried out by the military on 23 October in Hpakant, Kachin State, resulted in the death of 100 people, including women and children. He stressed that the military junta is attempting to gain legitimacy through their sham 2023 election, while holding elected political leaders as hostages and crushing any civic space, including independent media and civil society. Such elections would never lead to a democratic transition, only instability and permanent military control empowered by total impunity, he added. Warning against the vicious cycle of atrocities committed by the military, he said the military offers no guarantee for the safe and dignified return of the Rohingya refugees. The sustainable solution to the situation in Myanmar is a transformative change towards a democratic future, he noted, emphasizing that people in Myanmar need protection from further military atrocities as well as humanitarian assistance. To end military impunity, the Security Council must use admissible evidence to refer the situation in Myanmar to the International Criminal Court, he asserted, calling also for a broader mandate for the Special Envoy on Myanmar. The representative of Bangladesh, a country directly affected by the crisis in Myanmar, called for a lasting solution to the crisis. He voiced regret that the Special Envoy was unable to visit Rakhine State, the home of the displaced Rohingya refugees. Stressing the importance of accountability, he called on Member States to cooperate with the accountability mechanisms, including the International Court of Justice and International Criminal Court. The representative of the European Union, in its capacity as observer, decried the death sentences carried out by the military junta in July 2022 against four civil society activists, after decades with no recorded executions in Myanmar. Recent executions negate all prospects for the return of the country to a democratic path, she cautioned. Echoing her concerns, the representative of Thailand called for meaningful steps towards de‑escalation of violence and the finding of peaceful political solutions that would benefit Myanmar and its people. The international community should support the role of ASEAN and prevent escalation of hostilities, he underlined. The representative of Mexico voiced concern over violations of human rights perpetrated by the Myanmar military, including its use of the death penalty, violence against women and girls, and escalation of tensions in the Rakhine State. Calling for the safe and dignified return of Rohingya refugees, he asked the Special Envoy how States can support her mandate through the work of the Third Committee. Meanwhile, the representative of the Russian Federation, supporting the efforts of ASEAN to resolve the situation within and outside Myanmar, opposed threats and sanctions imposed on Myanmar, as they push extremist forces to continuing military activities, the victims of which are civilians. Responding to questions and comments, Ms. Noeleen Heyzer said it is not sustainable for Bangladesh to host such large numbers of refugees and called for conducive conditions for the voluntary return of the Rohingya refugees to their places of origin. To this end, she underscored the importance of protection and security guarantees. Turning to the multidimensional crisis that occurred after the coup, she drew attention to root causes of displacement that have affected the Rohingya and many other communities, especially in active conflict. Reiterating her commitment to engaging with all stakeholders, including the ASEAN Envoy, she called for a Myanmar-led solution built on the will of its people and supported by regional unity. In this context, she underscored the key role of ASEAN as well as neighbouring countries that share a border with Myanmar. Urging for strengthened dialogue and mediation efforts to reduce the level of violence, which is the cause of the humanitarian crisis, she warned that humanitarian assistance does not reach the people who are most in need. Also speaking were representatives of Lichtenstein, France, Türkiye, Germany, Norway, Japan and China..."
Source/publisher: United Nations General Assembly (New York)
2022-10-25
Date of entry/update: 2022-10-25
Grouping: Individual Documents
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Sub-title: The UK Human Rights Ambassador, Rita French, delivered a statement on the Myanmar regime's access to weapons and arms.
Description: "Thank you, Mr President. Thank you Acting High Commissioner for your report. The United Kingdom supported the council’s Fact Finding Mission on Myanmar and its’ important work to shine a light on the military’s economic interests. We call on all States to engage with its recommendations, which remain all the more important amid today’s calamitous situation in the country. We are committed to working with partners to target the regime’s access to finance and arms, which facilitate the most egregious human rights violations. These violations must stop. The UK has a comprehensive arms embargo on Myanmar and we are clear that no Member State should sell arms to Myanmar; doing so exasperates conflict and instability and directly contributes to violations in the country. Since the coup, we have announced targeted sanctions on the military leadership, and its access to revenue, arms and military equipment. While responsible businesses have a role to play in Myanmar in job creation, poverty alleviation and standard setting, we must ensure that their work does not inadvertently support the military regime. For this reason, the UK has also strengthened its advice to UK business, encouraging enhanced due diligence to avoid inadvertent support for the military. Madam Acting High Commissioner, What more can the international community to do to pressure those who sell arms to the military? Thank you..."
Source/publisher: Govt. UK (London)
2022-10-05
Date of entry/update: 2022-10-05
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Sub-title: General Assembly’s High-Level Week Should Focus on Most Pressing Rights Issues
Description: "World leaders gathering at the United Nations General Assembly in New York City should commit to ensuring accountability for grave human rights violations by the Chinese and Russian governments and other major offenders, Human Rights Watch said. The UN General Assembly’s annual General Debate, attended by dozens of heads of state and government, will be held from September 20 to 26, 2022. The General Debate is an important opportunity for world leaders to address the most urgent human rights issues, including following up on a UN report detailing possible crimes against humanity in the Xinjiang region of China; Russian atrocities in Ukraine; war crimes and crimes against humanity in Ethiopia, Myanmar, and Syria; and the blanket oppression of women and girls in Afghanistan. They should discuss plans of action for feeding the world’s hungry and tackling the devastating impacts of climate change. “World leaders should use the UN General Assembly’s global stage to direct the spotlight on the countless crimes by Chinese and Russian authorities,” said Louis Charbonneau, UN director at Human Rights Watch. “Countries that seek to bring major powers to justice will open the door to addressing the broad range of human rights violations being committed around the globe.” Due to the Covid-19 pandemic, the week of speeches in the General Assembly Hall will be the first since 2019 that will be almost entirely in person. Ukrainian President Volodymyr Zelensky, who is planning to speak via video, will be an exception. US President Joe Biden and French President Emmanuel Macron are among those slated to speak. They should condemn grave abuses by allied governments as well as authoritarian adversaries and promote rights-respecting approaches to the economic crisis, such as universal social protection. They and other leaders should commit to ensuring accountability for grave international crimes regardless of where the crimes occurred. African leaders should urge the African Union and the three African UN Security Council members – Ghana, Gabon, and Kenya – to drop their resistance to the Security Council adding the nearly two-year conflict in northern Ethiopia to its formal agenda. Security Council involvement is critical given the failure of AU mediation to end the atrocities and the humanitarian crisis in Ethiopia. In addressing climate change, world leaders should highlight the urgency to mitigate and pre-empt its impacts, as evident by the recent devastating floods in Pakistan and Bangladesh that have affected millions of people. They should commit to prioritizing the well-being of older people, children, people with disabilities, and other marginalized and at-risk groups in rescue, relief, and rehabilitation processes related to extreme weather events. Leaders of countries historically most responsible for climate change, including top emitters in Europe and North America, should support vulnerable countries’ efforts to adapt to the growing toll of climate change. Much of the activity during the General Assembly’s busiest week of the year takes place at side events and special meetings. The UN secretariat has an unnecessary and counterproductive practice of barring nongovernmental organizations from UN headquarters during the week. While there are exceptions for isolated events, the default exclusion of civil society groups prevents them from fully contributing during a key time in the UN calendar. UN member states should insist on including human rights and other groups in the week’s discussions and side events, Human Rights Watch said. The issue of accountability for war crimes and other serious violations of international law will be discussed at a ministerial Security Council meeting, organized by France, the current council president, on ending impunity for war crimes in Ukraine. Denmark, the Netherlands, Ukraine, and Germany are organizing a meeting on the same topic for the majority of UN member countries. Meetings are also expected about accountability for sexual violence in armed conflict and on Myanmar’s persecution of ethnic Rohingya Muslims. Delegations will also hold sessions on food security and hunger, already a global problem before the Covid-19 pandemic and the war in Ukraine. Discussions are expected on the Horn of Africa, Afghanistan, and conflict zones such as Yemen and Ethiopia, where there have been concerns that hunger has been used as a weapon of war. Delegations should discuss ways of addressing the underlying flaws in global food systems that lead to volatility and rising food prices. The UN will host the Transforming Education Summit on September 19. World leaders should use the summit to call for an expansion of the right to education in international law, and to commit to recognizing a right of every child to at least one year of free preprimary education and to free secondary education. “World leaders should kick off the next 12 months of the UN General Assembly with a call to action on human rights and accountability, ending hunger and poverty, and mitigating the effects climate change,” Charbonneau said. “These leaders should ensure that the outsize attention given the UN General Debate is deserved.”..."
Source/publisher: Human Rights Watch (New York)
2022-09-16
Date of entry/update: 2022-09-16
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Description: "MIDDAY The Human Rights Council this morning held an interactive dialogue with Nicholas Koumjian, Head of the Independent Investigative Mechanism on Myanmar, followed by an interactive dialogue with Nada Al-Nashif, Acting High Commissioner for Human Rights, on the situation of human rights in Sri Lanka. Nicholas Koumjian, Head of the Independent Investigative Mechanism for Myanmar, said crimes in Myanmar had intensified. The people of Myanmar continued to suffer because of the lack of accountability for those who believed they answered to no law. There was increasing evidence of crimes against humanity and war crimes. Women and children were at particular risk in conflicts, yet experience showed that crimes against them were typically under-reported and under-prosecuted. The Mechanism was united in its efforts to break the cycle of impunity and to ensure that those responsible for crimes would face justice. In the discussion on Myanmar, some speakers welcomed the report and strongly condemned the human rights abuses and violations in Myanmar. Reports on systematic and sexual-based violence and crimes affecting children were appalling. The human rights situation in Myanmar had deteriorated, in particular for those who were part of religious or ethnic minorities. The military should end the attacks on civilians and allow the population to express its human rights, including the right to freedom of expression. Other speakers pointed out that political mandates did not foster an environment of protection and promotion of human rights. Political dialogue was the only way to resolve the situation in the country. Nada Al-Nashif, Acting High Commissioner for Human Rights, presenting a report on the situation of human rights in Sri Lanka, said since the previous update in March 2022, the country had been suffering from an unprecedented economic crisis. Months of countrywide protests eventually led to the President’s resignation and a new President was elected by the Sri Lankan Parliament on 20 July 2022. Ms. Al- Nashif encouraged the new Government to embark on a national dialogue to advance human rights and reconciliation and to carry out the deeper institutional, reforms needed to combat impunity and to tackle the economic crisis. Ms. Al-Nashif said 13 years since the end of war in Sri Lanka, tens of thousands of survivors and their families continued to seek justice and to know the whereabouts of their loved ones, with Sri Lanka repeatedly failing to pursue transitional justice. Instead, successive governments had created political obstacles to accountability, and actively promoted some officials credibly implicated in alleged war crimes, into the highest levels of government. The Acting High Commissioner called on States to pursue alternate strategies to advance accountability at the international level, including through the consideration of targeted sanctions against alleged perpetrators, as well as cooperation to initiate prosecutions based on extraterritorial jurisdiction. Ali Sabry, Minister of Foreign Affairs of Sri Lanka, speaking as a country concerned, said the Government was extremely sensitive to the socio-economic hardships faced by its people, and had initiated immediate measures to address challenges and to ensure their wellbeing. Discussions on debt restructuring were in progress. The Government was in dialogue with United Nations agencies as well as bilateral partners to protect the most vulnerable from the adverse impacts of the crisis. Sri Lanka would endeavour to meet the goals of the 2030 Agenda for Sustainable Development. The State looked forward to constructive engagement with the Council through the Universal Periodic Review process. Sri Lanka along with several Member States of this Council had opposed resolution 46/1, fundamentally disagreeing with its legitimacy and objectives. In the discussion on Sri Lanka, some speakers welcomed the formation of a more inclusive Sri-Lankan Government and constitutional reform. The peaceful transition of power and the efforts taken to restore peace and stability were applauded. Some speakers were concerned about the current situation in Sri Lanka, which was characterised by an economic crisis and violations of fundamental human rights. There were high levels of concern around freedom of expression, as peaceful protests resulting from the crisis situation were met with violence. Sri Lankan authorities were urged to protect the freedom of expression and assembly for all, and to stop arbitrary arrests of those engaging in peaceful protests. Some speakers reiterated their position to reject country-specific initiatives and resolutions that were confrontational and did not have the consent of the country concerned. For these speakers, it was important to provide technical assistance to Sri Lanka and strengthen its national institutions. Some speakers maintained that the mandate was costly, with no effect on the situation, and did not support solidarity. Also speaking in the morning meeting was Alfonso Nsue Mokuy, Third Deputy Prime Minister in charge of human rights of Equatorial Guinea, who said that the effects of the international economic crisis and the health crisis of the COVID-19 pandemic had constituted a challenge for the effective exercise of human rights in general, in particular economic, social and cultural rights. Each country had its own values, legislation and social demands, but it was also vital for all to reach basic agreements to foster respect and non-discrimination, and combat violence in all spheres. The Government of Equatorial Guinea had worked tirelessly to combat the pandemic, making it possible to reduce incidents of mortality in the country, with significant economic resources provided by the Government. The Government had also worked to eliminate corruption, and had carried out positive activities in this context. Speaking in the discussion on Myanmar were Finland, on behalf of Denmark, Estonia, Iceland, Latvia, Lithuania, Norway, Sweden; European Union; Pakistan, on behalf of the Organization of Islamic Cooperation; Switzerland; Egypt; France; Luxembourg; Netherlands; Australia; Ireland; Japan; Venezuela; China; Malaysia; United States; United Kingdom; Indonesia; Bangladesh; Timor-Leste; Romania; Belgium; The Gambia; New Zealand; Italy; Iran; Türkiye; Malawi; Canada; and Armenia. Also speaking were the following civil society representatives: Centre for Civil and Political Rights; Jubilee Campaign; International Commission of Jurists; International Federation for Human Rights Leagues; Asian Forum for Human Rights and Development; Meezaan Centre for Human Rights; iuventum e.V.; Lawyers' Rights Watch Canada; and the International Organization for the Elimination of All Forms of Racial Discrimination. Speaking in the discussion on Sri Lanka were the Netherlands on behalf of the three countries of the Benelux; Finland on behalf of the Nordic-Baltic countries; European Union; Saudi Arabia on behalf of the Gulf Cooperation Council; Liechtenstein; Switzerland; Egypt; India; France; Democratic People’s Republic of Korea; North Macedonia; Australia; Ireland; Japan; Maldives; Ethiopia; Cuba; Kazakhstan; Venezuela; Viet Nam; Russian Federation; China; Nigeria; Syrian Arab Republic; Nicaragua; United States; Nepal; United Kingdom; Bangladesh; Pakistan; South Sudan; Burundi; Zimbabwe; Yemen; Lao People’s Democratic Republic; Montenegro; Azerbaijan; Cameroon; Canada; New Zealand; Thailand; Uganda; Philippines, Kenya; Iran; Türkiye; Bolivia; Lebanon; Sudan; Cambodia; Eritrea; and Niger. The following civil society organizations also spoke: Khiam Rehabilitation Centre for Victims of Torture; Christian Solidarity Worldwide; Asian Forum for Human Rights and Development; Baptist World Alliance; World Evangelical Alliance on behalf of Alliance Defending Freedom; Centre for Civil and Political Rights; Franciscans International; People for Equality and Relief in Lanka Inc-; International Commission of Jurists; and Global Life Savers Inc. The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-first regular session can be found here. The next meeting of the Human Rights Council will start at 1:45 p.m. to hold an interactive dialogue with the Special Rapporteur on the situation of human rights in Afghanistan, followed by an enhanced interactive dialogue on Afghanistan. Interactive Dialogue with the Independent Investigative Mechanism for Myanmar Report The Council has before it the report of the Independent Investigative Mission for Myanmar (A/HRC/51/4) Presentation of the Report NICHOLAS KOUMJIAN, Head of the Independent Investigative Mechanism for Myanmar, said crimes in Myanmar had intensified. The people of Myanmar continued to suffer because of the lack of accountability for those who believed they answered to no law. Five years had passed since the 2017 military clearance operations in Rakhine state led most of the Rohingya population to flee Myanmar. Almost all remained in neighbouring countries awaiting the day when conditions would allow their safe and dignified return home. There was increasing evidence of crimes against humanity and war crimes, including murder, torture, deportation, and forcible transfer and persecution. The Mechanism prioritised gathering evidence of sexual and gender-based violence and crimes against children. Women and children were at particular risk in conflicts, yet experience showed that crimes against them were typically under-reported and under-prosecuted. Children in Myanmar were tortured and arbitrarily detained, sometimes to target their parents. There were strong indications that the executions of four individuals in July were without due process. The Mechanism faced many challenges collecting evidence, being denied access to crime scenes and witnesses in Myanmar. The Mechanism had obtained millions of items from networks of Facebook accounts controlled by the Myanmar military that were taken down by the company because they misrepresented their identity. Posts from these military accounts incited fear and hatred of Rohingya. The Mechanism was united in its efforts to break the cycle of impunity and to ensure that those responsible for crimes would face justice. Discussion Some speakers strongly condemned the human rights abuses and violations in Myanmar, which amounted to systematic crimes against humanity. The reported systematic and sexual-based violence and crimes affecting children were appalling. The human rights situation in Myanmar had deteriorated, in particular for those who were part of religious or ethnic minorities. Perpetrators must be held accountable. All partners of the international community should cooperate fully with the Mechanism so that victims could get justice. Some speakers strongly condemned the military coup. Human rights violations had been committed in a manner that was a widespread and coordinated attack on the civilian population, to an extent which could constitute war crimes and crimes against humanity. The executions of pro-democracy individuals were condemned. The military should end the attacks on civilians and allow the population to express its human rights, including the right to freedom of expression. The Mechanism should continue to collect and preserve information about the situation, some speakers said. Myanmar’s persistent non-cooperation with the Mechanism was deplored: it should fully cooperate with the view to delivering justice, including and in particular to the Rohingyas. All social media platforms should share information with the Mechanism as and when they were approached, and the Mechanism should ensure that principles of “do no harm” were at the centre of their outreach in this context. The security forces and armed groups should ensure the protection of civilians, and reinstate immediately the moratorium on the death penalty. There should be a political resolution to the situation, ensuring that those culpable were brought to justice. There were serious international crimes and violations of international humanitarian law. The continuation of the tragic situation of the Rohingya was deplored, and they should be protected, with a lasting solution found to the crisis. The Office of the High Commissioner should communicate and cooperate with the Special Envoy to Myanmar. Bangladesh’s efforts to deal with the Rohingya crisis were applauded, and the international community was urged to cooperate in all ways with its efforts. Some speakers said politically-mandated mandates did not foster an environment of protection and promotion of human rights. The Universal Periodic Review was the suitable mechanism for addressing the human rights situation of countries around the world, not the unilateral imposition of mechanisms that only undermined the work of the Council. Political dialogue was the only way to resolve the situation in Myanmar, with the support of peace-loving nations, and this was the only way that Myanmar could overcome its existing challenges. It was regretted that Myanmar could not attend the dialogue, and the work done to boost its economy was recognised. There should be a political solution to the situation, in order to restore the dialogue within the country. The international community should speak in one voice that could further help all parties to further bridge differences, instead of creating tension and causing the situation to deteriorate further. The international community should also actively promote dialogue within Myanmar in order to restore peace and truly protect and promote human rights. Concluding Remarks NICHOLAS KOUMJIAN, Head of the Independent Investigative Mechanism for Myanmar, said that under international law, the lack of due process could amount to an international crime. The Mechanism was interested in gathering evidence on the fairness of legal proceedings. No response had been received from the authorities in Myanmar. A key challenge was reaching those who had evidence, and achieving this required cooperation from States in the region. The Mechanism had conducted voluntary interactions, and needed the support of States to operate on territories hosting witnesses of human rights abuses. The Mechanism did not have the resources to provide all of the psychosocial and medical support that victims and witnesses needed, and requested the support of States in this regard. The Mechanism was committed to providing judges of a case dealing with genocide with the best evidence. The time that the Mechanism had to share evidence with courts was limited, and so it was redoubling efforts to collect evidence within the required timeframe. Statement by the Third Vice Prime Minister in Charge of Human Rights of Equatorial Guinea ALFONSO NSUE MOKUY, Third Vice Prime Minister in Charge of Human Rights of Equatorial Guinea, said the activities of the Office of the High Commissioner had moved forward and promoted many projects to protect, guarantee and defend human rights. The effects of the international economic crisis and the health crisis of the COVID-19 pandemic had constituted a challenge for the effective exercise of human rights in general, in particular economic, social and cultural rights. Each country had its own values, legislation and social demands, but it was also vital for all to reach basic agreements to foster respect and non-discrimination, and combat violence in all spheres. The work fostered by the Office of the High Commissioner aimed at improving the human rights situation was commended, particularly with regard to the Sustainable Development Goals. The Government of Equatorial Guinea had decided to change the track of the National 2020 Horizon Plan, with the support of development partners, mainstreaming the Sustainable Development Goals and the Agenda 2030, and the Agenda 2063 in its planning schemes, which enshrined a global vision of Equatorial Guinea and its role at the international level, including its commitment to strong economic growth, making it possible to improve living standards, eradicate poverty, protect the environment, and make it a country where all could live. The new Criminal Code had already been approved by the Head of State. The Government had worked tirelessly to combat the pandemic, making it possible to reduce incidents of mortality in the country, with significant economic resources provided by the Government. After the pandemic, the lack of public security had been the second concern facing the inhabitants of the country, due to the threat of juvenile crime. Thanks to the clean-up operation run by the Government, there had been a positive impact and the usual serenity had returned to the society. The Government had also worked to eliminate corruption, and had carried out positive activities in this context. Interactive Dialogue on the Report of the Office of the High Commissioner for Human Rights on Sri Lanka Report The Council has before it the report of the High Commissioner for Human Rights on the situation of human rights in Sri Lanka (A/HRC/51/5) Presentation of Report NADA AL-NASHIF, Acting United Nations High Commissioner for Human Rights, presenting the Office’s report on the human rights situation in Sri Lanka, said that since the previous update in March 2022, the country had been suffering from an unprecedented economic crisis. Inflation was at a shocking 66.7 per cent and Sri Lankans had been facing severe shortages of fuel, electricity, food, medicines, and other essential items, while 6.3 million people were estimated to be food insecure. Months of countrywide protests eventually led to the President’s resignation and a new President was elected by the Sri Lankan Parliament on 20 July 2022. Ms. Al- Nashif encouraged the new Government to embark on a national dialogue to advance human rights and reconciliation and to carry out the deeper institutional reforms needed to combat impunity and to tackle the economic crisis. Concerningly in recent weeks, leaders and members of the protest movement and trade unions had been arrested. Ms. Al-Nashif urged the Government to take positive action to foster an environment for peaceful protest. She welcomed the tone set by the President in his first speech in parliament where he promised constitutional reforms. Thirteen years since the end of war, tens of thousands of survivors and their families continued to seek justice and to know the whereabouts of their loved ones, with the State repeatedly failing to pursue transitional justice. Instead, successive governments had created political obstacles to accountability, and actively promoted some officials credibly implicated in alleged war crimes, into the highest levels of government. The High Commissioner called on States to pursue alternate strategies to advance accountability at the international level, including through the consideration of targeted sanctions against alleged perpetrators, as well as cooperation to initiate prosecutions based on extraterritorial jurisdiction. The team established in the High Commissioner’s Office had made progress, including through conducting proactive analytical work, including in relation to gender and child-related violations, and was consolidating evidence collected by the United Nations into a repository, which would assist future accountability initiatives. The scale of this work required time and financial resources supported by States, and Ms. Al- Nashif urged the Council to ensure this work was supported. Impunity remained a central obstacle to Sri Lanka’s sustainable peace and development, and risked enabling further violations. The mandate granted by the Council to continue monitoring the human rights situation and pursue accountability for crimes under international law was now more important than ever. Response by Country Concerned ALI SABRY, Minister of Foreign Affairs of Sri Lanka, speaking as the country concerned, said that the Government was extremely sensitive to the socio-economic hardships faced by its people, and had initiated immediate measures to address challenges and to ensure the wellbeing of its people. Discussions on debt restructuring were in progress. The Government was in dialogue with United Nations agencies as well as bilateral partners to protect the most vulnerable from the adverse impacts of the crisis. Sri Lanka would endeavour to meet the goals of the 2030 Agenda for Sustainable Development. Sri Lanka along with several Member States of this Council had opposed resolution 46/1, fundamentally disagreeing with its legitimacy and objectives. Operative paragraph 06 violated the sovereignty of the people of Sri Lanka and the principles of the United Nations Charter. The High Commissioner’s report’s extensive reference to “economic crimes” exceeded the mandate of the Office. The proposed twenty-second amendment to the Constitution introduced several salient changes which would strengthen democratic governance and independent oversight of key institutions, as well as public scrutiny, participation in governance, and combatting corruption. Amendments included the establishment of the Constitutional Council and the reintroduction of the National Procurement Commission and the Audit Service Commission. Sri Lanka had extended a standing invitation to all thematic Special Procedure mandate holders to visit Sri Lanka, and facilitated a high number of visits in the recent past. The State looked forward to constructive engagement with the Council through the Universal Periodic Review process. It was time to reflect realistically on the trajectory of the resolution, which had continued on the agenda of the Council for over a decade. The State’s immediate concern was economic recovery, but advancing the human rights of Sri Lankan people was of equal priority. The State looked forward to the genuine support and understanding of the Council in this regard. Discussion Some speakers welcomed the formation of a more inclusive Sri-Lankan Government and constitutional reform. The peaceful transition of power and the efforts taken to restore peace and stability were applauded. Some speakers acknowledged the difficult circumstances Sri Lanka was facing, expressing solidarity with the Sri Lankan people. The current crisis presented significant challenges, but could also offer an opportunity to advance reforms, ensuring inclusiveness. Some speakers welcomed the major progress made by Sri Lanka when it came to human rights and appreciated the Government’s commitment to advancing human rights in the country. Sri Lanka’s commitment to a constructive approach provided space for engagement. Some speakers commended the Government of Sri Lanka for its sustainable progress despite many challenges, and for its clear commitment to remain engaged with the United Nations system, including the Human Rights Council. Sri Lanka’s achievements in the pursuit of post-war reconstruction were recognised, including the rehabilitation and social reintegration of more than 12,000 former members of armed groups, some speakers said. The amendments to the Prevention of Terrorism Act this year were seen as an initial step in a long-awaited legal reform, while fundamental reform was needed to bring counter-terrorism legislation fully in line with international standards. Some speakers encouraged efforts by the Sri Lankan Government to reach national reconciliation, aimed at stabilising it and ensuring the adoption of a common vision for the promotion of human rights on their territory. Some speakers were concerned about the current situation in Sri Lanka, which was characterised by an economic crisis and violations of fundamental human rights. They were deeply concerned by increased food insecurity, shortages of fuels and medicines and reductions of household income, and urged Sri-Lankan authorities to take all measures to guarantee Sri Lankans’ social and economic rights. There were high levels of concern around freedom of expression, as peaceful protests resulting from the crisis situation were met with violence. Sri Lankan authorities were urged to protect the freedom of expression and assembly for all, and to stop the arbitrary arrests of those engaging in peaceful protests. There was an urgent need to strengthen mechanisms for investigating violations of international law and transitional justice, some speakers said. More than 13 years after the end of the civil war, the search for truth, justice and reconciliation had brought limited progress, and despite the establishment of transitional justice mechanisms, accountability had never been fulfilled. Therefore, some States supported an ongoing monitoring of the situation by the Office of the High Commissioner for Human Rights. They called on the Government to adhere to its international human rights obligations and to establish an inclusive process towards reform supported by all parts of the population. The establishment of a Truth and Reconciliation Commission by the Government would also be a welcome start. There was concern about recent reports of the increased vulnerability of women and girls to sexual and gender-based violence in Sri Lanka, with some States asking how this could be addressed. Some speakers stated dismay at the use of the Prevention of Terrorism Act against student activists, despite an alleged moratorium, urging Sri Lankan authorities to repeal the Act and stop its use. Concern was expressed at the constitutional commitment to give Buddhism special status, as ethno-religious tensions had been fuelled by Buddhist nationalist groups in Sri Lanka since 2012. Some speakers were also disturbed at the lack of progress in investigating the 2019 Easter bombings, and the delay to the publication of the Presidential Commission of Inquiry, calling for the Inquiry’s publication; a follow-up independent investigation; and justice for the victims and their families. Some speakers reiterated their position to reject country-specific initiatives and resolutions that were confrontational and did not have the consent of the country concerned. Imposing mechanisms on a country without consent was counter-productive; the support of the country concerned was critical in the achievement of human rights. Instead, it was important to provide technical assistance to Sri Lanka and strengthen its national institutions, to ensure it had the required support, in accordance with its sovereignty. Some speakers maintained that the mandate was costly, with no effect on the situation, and did not support solidarity. The Council was urged to support the Sri Lankan Government in achieving economic and social recovery. Concluding Remarks NADA AL-NASHIF, Acting High Commissioner for Human Rights, reiterated the continued commitment of the Office of the High Commissioner to maintaining a dialogue with Sri Lanka. Restrictions imposed by the COVID-19 pandemic and economic crisis had exacerbated the impact of violence on women. Support efforts required a gender-sensitive approach. The Office had encouraged a transitional roadmap that included mechanisms for identifying criminal accountability. A Truth and Reconciliation Commission needed to be independent and have significant financial resources. Existing mechanisms had failed because they had failed to win the confidence of victims and their families. States were encouraged to empower victims and civil society. Young people and women should be given meaningful roles in establishing accountability. There was also a need to establish accountability for economic crimes. Ms. Al-Nashif said Sri Lanka was at a critical juncture. Sustainable recovery, development and peace could only be achieved by eliminating impunity. The Office of the High Commissioner encouraged the international community to support Sri Lanka in its recovery and work to end impunity in the State. The Council should remain engaged in the issue and continue to support recovery efforts in the State..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2022-09-12
Date of entry/update: 2022-09-12
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Description: "Mister President, Excellencies, I am honoured to appear before you to present the fourth Annual Report of the Independent Investigative Mechanism for Myanmar. We were created by this Council to collect and preserve evidence of the most serious international crimes in Myanmar. Tragically, I must report that since I last addressed you, such crimes have intensified. The people of Myanmar continue to suffer because of the lack of accountability for those who believe they answer to no law. Five years have now passed since the 2017 military clearance operations in Rakhine State led most of the Rohingya population to flee Myanmar. Almost all remain in neighbouring countries awaiting the day when conditions will allow their safe and dignified return home. The end of impunity for those who inflicted the violence would do much to create such conditions. Since the military coup in February last year, there is increasing evidence of crimes against humanity and war crimes, including murder, torture, deportation and forcible transfer, persecution, imprisonment, and targeting of the civilian population. The Mechanism prioritizes gathering evidence of sexual and gender-based violence and crimes against children. Women and children are at particular risk in conflicts, yet experience shows that crimes against them are typically under-reported and under-prosecuted. We have gathered reports of children in Myanmar having been tortured and arbitrarily detained, sometimes to target their parents. There is also increasing evidence of sexual and gender-based crimes against both women and men. While capital punishment is not itself an international crime, imposing a death sentence on the basis of proceedings that do not satisfy the basic requirements of a fair trial can amount to a crime against humanity. There are strong indications that the executions of four individuals in July were without due process, as proceedings lacked transparency and virtually no information is available as to the charges and evidence. Mister President, The Mechanism faces many challenges collecting evidence, given that we are denied access to crime scenes and witnesses in Myanmar. To date, we have made a dozen requests for permission to enter the country and for information relevant to allegations of international crimes. No response has yet been received. Despite these challenges, there is notable progress. Many brave individuals, NGOs and other entities have shared valuable evidence with us. We have conducted numerous screenings and interviews from persons who have provided vital first-hand information about crimes perpetrated inside the country. Ensuring protection and support for those who provide us with information is an issue of increasing concern. The Mechanism has prepared 67 evidential and analytical packages to share with judicial authorities, including for proceedings at the International Criminal Court and the International Court of Justice. Our staff now includes expertise in open source and financial investigations, boosting our analytical capacity. Our Annual Report noted that we had collected and processed almost three million information items from more than 200 sources, including interview statements, documentation, videos, photographs, geospatial imagery, and social media material – more than double what we reported last year. Since the Report was drafted, this number of items has more than doubled again. We now face the challenging task of analysing the material collected. For example, Facebook has shared with the Mechanism millions of items from networks of accounts that were taken down by the company because they misrepresented their identity – the accounts were actually controlled by the Myanmar military. Our team has identified posts inciting fear and hatred of Rohingya that appeared on these military-controlled networks. For example, one post appeared on ten different pages within one such network on 10 August 2017 just before the clearance operations began. It contained false reports of Rohingya arming en masse and threatening Myanmar’s Buddhists, and a photo of a cow with its stomach slit and disembowelled – an image offensive to Myanmar Buddhists. Mister President, I am sincerely grateful for the support of this Council and call on all states committed to ending the worst violence in Myanmar to support our work. Perpetrators of the most serious international crimes committed in Myanmar must know that we are united in our efforts to break the cycle of impunity and to ensure that those responsible for such crimes will face justice. Thank you..."
Source/publisher: Independent Investigative Mechanism for Myanmar
2022-09-12
Date of entry/update: 2022-09-12
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Description: "Summary The present document is the fourth report submitted by the Independent Investigative Mechanism for Myanmar to the Human Rights Council pursuant to resolution 39/2 of 27 September 2018, and it covers the Mechanism’s activities from 16 June 2021 to 30 June 2022. In August 2022, the Mechanism will complete its third year of operations. August will also mark the five-year commemoration of the 2017 clearance operations in Rakhine State, which led to the displacement of nearly 1 million Rohingya people. Tragically for the Rohingya and all the peoples of Myanmar, progress on ending impunity and ensuring accountability for crimes committed remains limited. Established for the purpose of facilitating justice and accountability efforts, the Mechanism continues to collect and analyse a substantial amount of information on the most serious international crimes committed in Myanmar since 2011, including sexual and gender-based crimes and crimes against and affecting children. The information collected and analysed thus far includes evidence that reinforces the Mechanism’s assessment in its previous annual report that crimes against humanity continue to be systematically committed in Myanmar. Furthermore, the information includes evidence of intensified and sustained violence and the existence of various armed conflicts within Myanmar. Despite increasing challenges, the Mechanism seized opportunities to further deepen its collection and analytical activities, increase testimonial evidence, enhance specialized capacities, deploy cutting-edge technology and strengthen engagement with a range of stakeholders. Having made over 120 formal requests for information and assistance and engaged with nearly 200 sources and information providers, the Mechanism’s repository now consists of nearly 3,000,000 information items, including interview statements, documentation, videos, photographs, geospatial imagery and social media material. The evidence collected will facilitate the Mechanism’s efforts to build files that prove the commission of serious international crimes related to priority incidents and in relation to the individuals most responsible for the crimes. The Mechanism aims to facilitate justice for the people of Myanmar, including in proceedings before the International Court of Justice, ongoing investigations before the International Criminal Court, the ongoing investigation by judicial authorities of Argentina and future relevant jurisdictions. The Mechanism remains steadfast in its commitment to engage with all parts of the international community, in particular Member States in the Asia-Pacific region, in order to demonstrate its value as an effective contributor to justice and accountability for the most serious international crimes committed in Myanmar..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2022-08-09
Date of entry/update: 2022-08-09
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Description: "Please check against delivery Statement by Ambassador Kyaw Moe Tun, Permanent Representative of Myanmar to the United Nations at the UN Security Council Open Debate on “Children and Armed Conflict” (New York, 19 July 2022) Mr. President, At the outset, I would like to thank the presidency of Brazil for convening today’s high-level open debate on children and armed conflict. We welcome this year’s focus on protection of displaced children, abduction and their reintegration. I also appreciate all the briefers for their insightful briefings. I particularly thank the Secretary General and his special representative Ms. Gamba for this year report on children and armed conflicts. Mr. President, The situation of children in armed conflict continues to be a great concern to all of us. The number of grave violations against children remains high with 22,645 violations committed in 2021 alone. Myanmar expresses its deep sympathy for over 19,000 children affected by those violations in conflict situations. We are saddened by the tragic loss of over 8,000 children lives as the result of the killing and maiming. On the other hand, we are encouraged by the release of over 12,000 children from armed groups as the result of the UN’s engagement with parties to the conflicts. We are particularly alarmed by the trends of increased impact of improvised explosive devices and mines on children, attacks on schools, the military use of schools and the significant rise in abduction of girls. As the Secretary-General rightly pointed out in the report, while the COVID-19 pandemic aggravated the vulnerabilities of children, the military coups have worsened their situation including in Myanmar. Mr. President, In Myanmar, the elected civilian Government strengthened the legal framework for child protection despite the constitutional constraint with regard to the armed conflicts. A new Child Rights Law was enacted. The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the ILO Minimum Age Convention, 1973 were ratified. The Government established an inter-ministerial committee for the prevention of the six grave violations during armed conflicts. The Government fully cooperated with the United Nations entities including the Special Representative of the Secretary-General for Children and Armed Conflict. While supporting the UN led monitoring and reporting mechanism, the National Unity Government of Myanmar is committed to promoting and protecting the rights of the child, and is cooperating with relevant UN entities in this regard. NUG developed a set of guidelines on prevention and protection of children affected in armed conflict in Myanmar and an implementation plan in accordance with international laws and relevant UN Security Council resolutions. NUG submitted in March this year to the UN the report on the efforts of the NUG for promoting and protecting the rights of the child especially in situation in armed conflict, as well as the guidelines on CAAC. Mr. President, After the military perpetrated the illegal coup in February 2021 in Myanmar, the illegal military effectively destroyed the rule of law by lawlessly arresting, torturing and killing civilians including children in cold blood. Even with the elected civilian government and parliament in place, the military was the main perpetrator of grave violations against children. After the coup, no legal protection in place was able to prevent Myanmar children from the violence by the military which has no regard for domestic and international law. The impact of conflict on children in Myanmar is indeed severe and deeply disturbing and heart breaking. In this year report, the United Nations verified 503 grave violations against 462 Myanmar children, most of which were committed by the military. The military killed and maimed 75 children, recruited and used 222, detained 87, raped 1 and abducted 10 children. They attacked schools and hospitals 17 times, used 52 schools and hospitals for military purposes and denied humanitarian access. These verified accounts in the report do not necessarily represent the full scale of attacks and violations by the military against the children. Since the coup, over 1,400 children have been arbitrarily arrested. Over 270 children remained in the military detention as of May this year. The military took children hostage to force their parents to surrender. Nearly 7.8 million children remain out of school. 250,000 out of over 1 million internal displaced persons in Myanmar are children. Children retaining safe and access to quality education is another important matter. There is no doubt that attacks on schools and hospitals have destructive effects on children and societies in every way. To this end, the military has deliberately deprived children of their basic human rights to health, education, and development. Mr. President, In addition to the displacement of children within the country, many children together with their parents escaped from Myanmar to neighbouring countries to seek refuge. We are greatly concerned that they are now at high risk of becoming victims of human trafficking. Therefore, we are seeking UNHCR protection for them. Many of them are still awaiting effective actions from UNHCR. I hereby appeal to the international community to look into this matter seriously and timely and help them. Children must be protected under every circumstance. Every child deserves a future. In conclusion, Mr. President, as we speak, the war that Myanmar military has waged on their own citizens including children continues. Unless the international community takes concrete action to protect Myanmar children from ongoing grave violations, we risk having a lost generation of children due to the coup-inflicted consequences. Needless to say, the key root cause of the children’s sufferings in Myanmar is the military junta’s brutal attempt to do anything to assert control over the population who resoundingly continues to resist their illegal coup. With their culture of impunity, the military forces have proven that they are not reluctant to go to extreme length including by blatantly violating both domestic child rights law and the UN Convention of the Rights of the Child. In this situation, the international community needs to protect children in Myanmar who have been victims of the military junta’s widespread and systematic attacks against the civilian population. Here I wish to urge the UN Security Council to take swift and decisive action, in accordance with its Charter responsibilities and children and armed conflict resolutions, to end military violence against children, stop military use of schools and hospitals and release all arbitrarily detained children. The Council must also do everything it can to bring the perpetrators of grave violations against children to justice and help aid workers get safe and unimpeded humanitarian access to children in need, especially those displaced by conflicts not only in Myanmar but also in other conflict situations. The Council must act now. I thank you..."
Source/publisher: Permanent Mission of Myanmar to the United Nations (New York)
2022-07-19
Date of entry/update: 2022-07-20
Grouping: Individual Documents
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Description: "ကုလသမဂ္ဂလုံခြုံရေးကောင်စီအနေနှင့် ပဋိညာဉ်စာတမ်းပါ တာဝန်ဝတ္တရားများနှင့်အညီ မြန်မာစစ်တပ်၏ အကြမ်းဖက်လုပ်ရပ်များမှ ကလေးငယ်များနှင့် ပြည်သူများအား ကာကွယ်ပေးရေးအတွက် ချက်ချင်းအရေးယူဆောင်ရွက်ရန် ကုလသမဂ္ဂဆိုင်ရာ မြန်မာအမြဲတမ်းကိုယ်စားလှယ် သံအမတ်ကြီး ဦးကျော်မိုးထွန်းမှ အလေးထားတိုက်တွန်းခဲ့ (နယူးယောက်မြို့၊ ဇူလိုင်လ ၁၉ ရက်) ၁။ ကုလသမဂ္ဂဆိုင်ရာ မြန်မာအမြဲတမ်းကိုယ်စားလှယ် သံအမတ်ကြီး ဦးကျော်မိုးထွန်းသည် ၂၀၂၂ ခုနှစ်၊ ဇူလိုင်လ ၁၉ ရက်နေ့တွင် ကုလသမဂ္ဂလုံခြုံရေးကောင်စီ၏ “ကလေးများနှင့် လက်နက်ကိုင်ပဋိပက္ခ” ခေါင်းစဉ်ဖြင့် ကျင်းပပြုလုပ်သည့် တံခါးဖွင့်အစည်းအဝေးသို့ တက်ရောက်ခဲ့ပြီး၊ မိန့်ခွန်းပြောကြားခဲ့ပါသည်။ သံအမတ်ကြီး ဦးကျော်မိုးထွန်း၏ မိန့်ခွန်း၌ အောက်ပါအဓိကအချက်များ ပါဝင်ပါသည် - (က) လက်နက်ကိုင်ပဋိပက္ခအတွင်း ကလေးသူငယ်များ၏ အခြေအနေနှင့် စပ်လျဉ်း၍ မိမိတို့အနေနှင့် များစွာစိုးရိမ်နေရဆဲဖြစ်ပြီး၊ ၂၀၂၁ ခုနှစ်အတွင်း ကလေးများအပေါ် ကျူးလွန်သည့် ဆိုးဝါးသည့် အကြမ်းဖက် လုပ်ရပ်အရေအတွက်သည် (၂၂,၆၄၅) အထိ ရှိခဲ့ကြောင်း၊ ပဋိပက္ခများကြောင့် ကလေးသူငယ် (၁၉,၀၀၀) ဦး ကျော်အပေါ် အကျိုးသက်ရောက်မှုရှိခဲ့ရာ မြန်မာနိုင်ငံအနေဖြင့် များစွာ စိတ်မကောင်းဖြစ်ရကြောင်း၊ (ခ) ထို့ပြင် ကလေး (၈၀၀၀) ဦးကျော်နီးပါး အသက်ဆုံးရှုံးရမှုနှင့် သေရာပါဒဏ်ရာရရှိမှုတို့အပေါ် များစွာဝမ်းနည်းကြေကွဲရကြောင်း၊ တစ်ဖက်တွင်လည်း ပဋိပက္ခအတွင်း ပါဝင်ပတ်သက်သည့် အဖွဲ့များနှင့် ကုလသမဂ္ဂ၏ စေ့စပ်ဆောင်ရွက်မှုဖြင့် ကလေး (၁၂,၀၀၀) ဦးကျော် လွှတ်ပေးနိုင်ခဲ့မှုအပေါ် အားတက်ရကြောင်း၊ သို့ရာတွင် ဖောက်ခွဲရေး ကိရိယာများနှင့် မိုင်းဗုံးများ၏ ကလေးများအပေါ် ဆိုးဝါးသည့် အကျိုးသက်ရောက်မှု၊ စာသင်ကျောင်းများအား တိုက်ခိုက်ခြင်း၊ ကလေးသူငယ်များအား စစ်ရေးအရ အသုံးပြုခြင်း၊ မိန်းကလေးငယ်များအား အဓမ္မသွေးဆောင်ခေါ်ဆောင်ခြင်းတို့ မြင့်တက်လာခြင်းအပေါ် အထူးစိုးရိမ်မိကြောင်း၊ ကိုဗစ်-၁၉ ကြောင့် ကလေးများအပေါ် ထိခိုက်လွယ်မှု ပိုမိုမြင့်တက်လာနိုင်သည့် အချိန်တွင် မြန်မာနိုင်ငံတွင်ဖြစ်ပွားမှုအပါအဝင် စစ်အာဏာသိမ်းမှုများကြောင့် အခြေအနေကို ပိုမိုဆိုးရွာစေသည်ကို ကုလသမဂ္ဂအတွင်းရေးမှူးချုပ်က ၎င်း၏ အစီရင်ခံစာတွင် ထောက်ပြထားကြောင်း၊ (ဂ) မြန်မာနိုင်ငံ၏ ရွေးကောက်ခံအရပ်သားအစိုးရသည် လက်နက်ကိုင်ပဋိပက္ခနှင့်စပ်လျဉ်း၍ ဖွဲ့စည်းပုံအခြေခံဥပဒေဆိုင်ရာ အကန့်အသတ်များကြားမှ ကလေးသူငယ်ကာကွယ်ရေးနှင့် စပ်လျဉ်းသည့် ဥပဒေမူဘောင်ကိုချမှတ်ဆောင်ရွက်ခဲ့ပြီး၊ ကလေးသူငယ်အခွင့်အရေးဆိုင်ရာ ဥပဒေသစ်တစ်ရပ်ကို ပြဋ္ဌာန်းခဲ့ကြောင်း၊ ထို့ပြင် လက်နက်ကိုင်ပဋိပက္ခအတွင်း ကလေးသူငယ်များ ပါဝင်ပတ်သက်မှုနှင့် စပ်လျဉ်း၍ ကလေးသူငယ်များ အခွင့်အရေးဆိုင်ရာ နောက်ဆက်တွဲအခြေပြစာချုပ်နှင့် အပြည်ပြည်ဆိုင်ရာ အလုပ်သမားအဖွဲ့အစည်း၏ အလုပ်လုပ်ခွင့်ပြုသည့် အနိမ့်ဆုံးအသက်အရွယ်သတ်မှတ်ချက်ဆိုင်ရာ သဘော တူညီချက်တို့အား အတည်ပြုလက်မှတ်ရေးထိုးခဲ့ကြောင်း၊ (ဃ) မြန်မာနိုင်ငံ၊ အမျိုးသားညီညွတ်ရေးအစိုးရသည် ကုလသမဂ္ဂဦးဆောင်သည့် ယန္တရားလုပ်ငန်းများကို အားပေးထောက်ခံ၍ ကလေးသူငယ်အခွင့်အရေးများ ကာကွယ်စောင့်ရှောက်ရေးနှင့် ယင်းကိစ္စနှင့် စပ်လျဉ်း၍ သက်ဆိုင်ရာကုလသမဂ္ဂအဖွဲ့အစည်းများနှင့် ပူးပေါင်းဆောင်ရွက်သွားမည်ဖြစ်ကြောင်း၊ ထို့ပြင် အမျိုးသားညီညွတ်ရေးအစိုးရသည် ကုလသမဂ္ဂလုံခြုံရေးကောင်စီ၏ ဆုံးဖြတ်ချက်မူကြမ်းများနှင့် နိုင်ငံတကာဥပဒေများနှင့်အညီ ကလေးသူငယ်ကာကွယ်စောင့်ရှောက်ရေးဆိုင်ရာ အကောင်အထည်ဖော် ဆောင်ရွက်ရေးစီမံကိန်းနှင့် လမ်းညွှန်ချက်များကို ချမှတ်ထားကြောင်း၊ အမျိုးသားညီညွတ်ရေးအစိုးရသည် ကလေးသူငယ်အခွင့်အရေး ကာကွယ်မြှင့်တင်ရေးနှင့် စပ်လျဉ်း၍ ကြိုးပမ်း ဆောင်ရွက်မှုများနှင့် ပတ်သက်သည့် အစီရင်ခံစာနှင့် လမ်းညွှန်ချက်တို့ကို ကုလသမဂ္ဂသို့ ယခုနှစ်မတ်လက တင်သွင်းခဲ့ကြောင်း၊ (င) ၂၀၂၁ ခုနှစ်၊​ ဖေဖော်ဝါရီလက မတရားစစ်တပ်အာဏာသိမ်းမှုပြီးနောက် တရားမဝင်စစ်တပ်သည် တရားဥပဒေစိုးမိုးရေးကိုဖျက်ဆီး၍ ကလေးသူငယ်များအပါအဝင် မြန်မာပြည်သူများအား သွေးအေးအေး ဖြင့် သတ်ဖြတ်၊ ဖမ်းဆီး၊ နှိပ်စက်နေကြောင်း၊ ရွေးကောက်ခံအရပ်သားအစိုးရနှင့် ရွေးကောက်ခံ အရပ်သားလွှတ်တော်တို့ တာဝန်ယူသည့် အချိန်ကပင်လျှင် စစ်တပ်သည်​ ကလေးသူငယ်များအပေါ် ဆိုးဝါးသည့် အကြမ်းဖက်လုပ်ရပ်များ အဓိကကျူးလွန်သူဖြစ်ကြောင်း၊ တရားမဝင်အာဏာသိမ်းမှုပြီးနောက် မြန်မာကလေးသူငယ်များအား အကြမ်းဖက်လုပ်ရပ်များမှ တားဆီးပေးနိုင်မည့် ဥပဒေကာကွယ်မှုမရှိတော့ဘဲ စစ်တပ်သည် ပြည်တွင်းနှင့် နိုင်ငံတကာဥပဒေများကို လေးစားလိုက်နာခြင်းမရှိကြောင်း၊ (စ) ယခုနှစ် အတွင်းရေးမှူးချုပ်၏ အစီရင်ခံစာ၌ မြန်မာကလေးသူငယ် (၄၆၂) ဦး အပေါ် ကျူးလွန်သည့် ဆိုးဝါးသော လုပ်ရပ် (၅၀၃) ခုကို မှတ်တမ်းတင်ဖော်ပြထားပြီး၊ ယင်းအကြမ်းဖက်လုပ်ရပ်အများစုကို စစ်တပ်မှ​ကျူးလွန်ခဲ့ခြင်းဖြစ်ကြောင်း၊ စစ်တပ်သည် ကလေးသူငယ် (၇၇) ဦး ကို သတ်ဖြတ်၍​ သေရာပါဒဏ်ရာရရှိအောင် ပြုလုပ်ခဲ့၍ (၂၂၂) ဦး ကို စစ်သားသစ်အဖြစ် စုဆောင်းအသုံးပြုခဲ့ကြောင်း၊ ထို့ပြင် ကလေးသူငယ်(၈၇) ဦး ကို ဖမ်းဆီးထိန်းသိမ်းခဲ့ပြီး၊ စာသင်ကျောင်းနှင့် ဆေးရုံ (၅၂) ခုတို့ကို စစ်ရေးအရ အသုံးပြုခဲ့ကြောင်း၊ (ဆ) အာဏာသိမ်းသည့်အချိန်မှစ၍ ကလေးသူငယ် (၁,၄၀၀) ဦး ကျော်ကို စစ်တပ်မှ အဓမ္မ ထိန်းသိမ်းဖမ်းဆီးခဲ့ကြောင်း၊ စစ်တပ်သည် မိဘများအား လာရောက်အဖမ်းခံစေရန် ရည်ရွယ်၍​ ၎င်းတို့၏ ကလေးများကို ဓားစာခံအဖြစ် ဖမ်းဆီးခြင်းဖြစ်ပြီး၊ မြန်မာနိုင်ငံ၌ ကလေးငယ် (၇.၈) သန်း နီးပါးသည် ပညာဆက်လက်သင်ယူနိုင်ခြင်း မရှိတော့ကြောင်း၊ ပြည်တွင်းနေရပ်စွန့်ခွာသူ (၁) သန်းကျော်အနက် (၂၅၀,၀၀၀) ဦး သည် ကလေးသူငယ်များဖြစ်ကြောင်း၊ (ဇ) မြန်မာကလေးငယ်များသည် ၎င်းတို့၏ မိဘများနှင့်အတူ လုံခြုံမည်ဟုယူဆသည့် အိမ်နီးချင်း နိုင်ငံများသို့ ထွက်ပြေးတိမ်းရှောင်ကြရကြောင်း၊ ၎င်းတို့သည် ယခုအခါ လူကုန်ကူးမှုအန္တရာယ်နှင့် ရင်ဆိုင်ရနိုင်သည့်အတွက် ကုလသမဂ္ဂဒုက္ခသည်များဆိုင်ရာ အေဂျင်စီမှ ကာကွယ်စောင့်ရှောက်မှုပေးရန် တောင်းဆိုထားကြောင်း၊ ကုလသမဂ္ဂဒုက္ခသည်များဆိုင်ရာ အေဂျင်စီ၏ ထိရောက်သည့် အရေးယူ ဆောင်ရွက်မှုကို ရရှိရန် စောင့်ဆိုင်းနေသူအများအပြားရှိကြောင်း၊ အခုကိစ္စအပေါ် နိုင်ငံတကာအသိုက်အဝန်း အနေဖြင့် ပိုမိုအလေးအနက်ထား ထည့်သွင်းစဉ်းစား၍ အချိန်မီကူညီဆောင်ရွက်ရန် တိုက်တွန်းကြောင်း၊ မည်သည့်အခြေအနေမျိုး၌မဆို ကလေးငယ်များကို ကာကွယ်မှုပေးရမည်ဖြစ်ပြီး၊ ကလေးတိုင်းသည် အနာဂတ်နှင့် ထိုက်တန်ကြောင်း၊ (ဈ) ယခုပြောကြားနေသည့်အချိန်၌တွင်ပင် မြန်မာနိုင်ငံ၌ ကလေးသူငယ်များ အပါအဝင် အပြစ်မဲ့ပြည်သူများအပေါ် အကြမ်းဖက်တိုက်ခိုက်နေသည့် စစ်တပ်၏ အကြမ်းဖက်စစ်ပွဲသည် ဆက်လက် ဖြစ်ပွားနေဆဲဖြစ်ကြောင်း၊ နိုင်ငံတကာအသိုက်အဝန်းမှ မြန်မာကလေးများအား အကြမ်းဖက်လုပ်ရပ်များမှ​ ကာကွယ်တားဆီးရန် ထိရောက်ခိုင်မာသည့် အရေးယူဆောင်ရွက်မှု ချမှတ်အကောင်အထည်ဖော်နိုင်ခြင်း မရှိပါက၊ စစ်တပ်အာဏာသိမ်းမှု၏ အကျိုးရလဒ်အဖြစ် ကလေးငယ်မျိုးဆက်သစ်တစ်ခု ဆုံးရှုံးမည့် အန္တရာယ်နှင့် ရင်ဆိုင်ရမည်ဖြစ်ကြောင်း၊ ပြစ်ဒဏ်ကျသင့်မခံရသည့် စစ်တပ်၏အစဉ်အလာသည် စွဲမြဲနေပြီး၊ စစ်တပ်သည် ပြည်တွင်းကလေးအခွင့်အရေးဆိုင်ရာ ဥပဒေနှင့် ကုလသမဂ္ဂကလေးသူငယ် အခွင့်အရေးများ ဆိုင်ရာ သဘောတူညီချက်များကို ဗြောင်ကျကျချိုးဖောက်၍ အစွမ်းကုန် ရက်စက်ကြမ်းကြုတ်သည့် လုပ်ရပ်များ ကျူးလွန်ရန် တုံ့ဆိုင်းခြင်း ရှိမည်မဟုတ်ကြောင်း၊ ယင်းအခြေအနေတွင် နိုင်ငံတကာ အသိုက်အဝန်းသည် မြန်မာနိုင်ငံရှိ ကလေးငယ်များကို ကာကွယ်စောင့်ရှာက်ရမည်ဖြစ်ကြောင်း၊ (ည) ကုလသမဂ္ဂပဋိညာဉ်စာတမ်းနှင့် လက်နက်ကိုင်ပဋိပက္ခဆိုင်ရာ ဆုံးဖြတ်ချက်မူကြမ်းများတွင် ဖော်ပြသည့် တာဝန်ဝတ္တရားများနှင့်အညီ မြန်မာနိုင်ငံ၌ ဖြစ်ပွားနေသည့် ကလေးသူငယ်များအပေါ် အကြမ်းဖက်လုပ်ရပ်များ ကျူးလွန်လျက်ရှိသော စစ်တပ်၏ လုပ်ရပ်များကို ရပ်တန့်ရန်၊ ကျောင်းနှင့် ဆေးရုံများကို စစ်တပ်က အလွဲသုံးစားမှုများကို ရပ်တန့်ရန်၊ ထိန်းသိမ်းခံထားရသည့် ကလေးသူငယ်များ လွတ်မြောက်စေရန် ကုလသမဂ္ဂလုံခြုံရေးကောင်စီအနေနှင့် ခိုင်မာပြတ်သားစွာ ချက်ချင်းအရေးယူ ဆောင်ရွက်ရန် လိုအပ်နေကြောင်း၊ မြန်မာနိုင်ငံ၌သာမက အခြားပဋိပက္ခအခြေအနေများ၌ပါ ကလေးငယ် များကို ကာကွယ်စောင့်ရှောက်ရန်နှင့် ပြစ်မှုကျူးလွန်သူအားလုံး ပြစ်ဒဏ်ကျသင့်ရေး၊ လူသားချင်းစာနာမှု အကူအညီများ လိုအပ်သည့် ကလေးသူငယ်များထံ အတားအဆီးမရှိ ရောက်ရှိစေရေးအတွက် လုံခြုံရေးကောင်စီသည် ဖြစ်နိုင်သည့် နည်းလမ်းပေါင်းစုံဖြင့် ကြိုးပမ်းဆောင်ရွက်ရမည်ဖြစ်ကြောင်း၊ လုံခြုံရေးကောင်စီအနေဖြင့် ချက်ချင်းအရေးယူဆောင်ရွက်ပေးရမည်ဖြစ်ကြောင်း။..."
Source/publisher: Permanent Mission of Myanmar to the United Nations (New York)
2022-07-19
Date of entry/update: 2022-07-20
Grouping: Individual Documents
Language:
Format : pdf
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Description: "Human Rights Council Forty-ninth session 28 February–1 April 2022 Summary The Myanmar junta is committing gross human rights violations against the people of Myanmar. It is bombing villages indiscriminately, forcibly displacing hundreds of thousands. Its troops have engaged in mass killings on numerous occasions and tortured dozens to death. It is criminalizing basic human rights, including the right to express dissent—both on the streets and online. It is actively committing probable crimes against humanity and war crimes. This paper examines a key aspect of the international community’s response to the Myanmar military’s illegal coup and these subsequent violations of international law – the supply of weapons to the military junta that are used to attack the people of Myanmar. It also makes recommendations to reduce the flow of weapons to the junta and save lives. The paper details known arms transfers from Member States to Myanmar since 2018, and in particular since the military coup on 1 February 2021, that could be used by the Myanmar military to attack civilians. The Special Rapporteur also discusses the legality of these transfers, applying international humanitarian law, customary international law related to state responsibility, and the Arms Trade Treaty, where applicable. As the Myanmar military’s attacks against civilians escalate, it is critical that Member States immediately consider how they might alter their response to this crisis. This can begin by examining the role of the Security Council and Member States since the junta’s coup one year ago. How have the actions, or inaction, of the Security Council and Member States contributed to the crisis in Myanmar? What changes can and must be made to save lives, reduce human suffering, and protect the human rights of the Myanmar people? Amongst his recommendations, the Special Rapporteur urges the Security Council to impose a comprehensive arms embargo and targeted economic sanctions against the Myanmar military. At the very least, he urges Member States of the Security Council to immediately propose a resolution to stop the flow of weapons that are actively being used by the military junta to attack Myanmar civilians: jet aircraft, attack helicopters, armored vehicles, light and heavy artillery, missiles and rockets that can be used to target ground targets, artillery shells, and small arms. The choice between action and inaction is literally a matter of life and death..."
Source/publisher: UN Human Rights Council (Geneva) via "Reliefweb" (New York)
2022-03-21
Date of entry/update: 2022-03-22
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Description: "The Human Rights Council this morning discussed the situation of human rights in Myanmar and in the Democratic People’s Republic of Korea. It heard the High Commissioner say that the human rights of the people of Myanmar were in profound crisis and that accountability remained crucial to any solution to the crisis in Myanmar. The Council also heard the Special Rapporteur speak about the most serious human rights violations in the Democratic People’s Republic of Korea and the need to pursue accountability, urging a stop of crimes against humanity like the political prison camps in the country. Michelle Bachelet, United Nations High Commissioner for Human Rights, said that the human rights of the people of Myanmar were in profound crisis. Myanmar was increasingly at risk of State collapse, with shattered economic, education, health, and social protection systems. The High Commissioner remained acutely concerned for the safety and rights of human rights defenders and other civil society actors. Military authorities systematically used arrests and detentions as a tool to target and intimidate people who opposed them. The plight of the Rohingya people – a population persecuted for decades - remained dire, with no solution in sight. In conclusion, the High Commissioner stated that accountability remained crucial to any solution to this crisis. In the ensuing debate on Myanmar, some speakers welcomed the efforts of the High Commissioner’s Office to assess the gravity of human rights violations in Myanmar. Calls were made for an immediate end to violence against the civilian population and for the release of all political prisoners. Speakers condemned any discrimination against minorities, as well as the systematic use of violence and arbitrary detentions, torture and enforced disappearances. Speakers condemned the military coup. Some speakers regretted that Myanmar, as a country concerned, was unable to participate in the dialogue and supported all parties to find a political solution through dialogue to restore social stability and to restart the democratic process in the country. Multilateral institutions such as the Human Rights Council should help Myanmar to solve the current situation rather than supporting external intervention. Speaking during the discussion on Myanmar were the European Union, Pakistan on behalf of the Organization of Islamic Conference, Canada, Germany, Malaysia, Luxembourg, Viet Nam, China, Spain, Netherlands, Russian Federation, Cambodia, Indonesia, Australia, Mauritania, Bangladesh, Romania, United Kingdom, Lao People’s Democratic Republic, Bulgaria, India, Switzerland, Gambia, Saudi Arabia, Turkey and France. Also speaking were Human Rights Commission of Malaysia, Edmund Rice International Limited, Asian Forum for Human Rights and Development, Centre for Civil and Political Rights, Baptist World Alliance, International Humanist and Ethical Union, Article 19 International Centre Against Censorship, International Bar Association, CIVICUS, Organization for Poverty Alleviation and Development, and International Commission of Jurists. The Council then held an interactive dialogue with the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea. Tomás Ojea Quintana, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said that he had been consistent on the need to implement a two-track approach: highlighting the most serious human rights violations in the country and the need to pursue accountability, alongside offering constructive engagement with the Government to seek improvement of the human rights situation on the ground. It was imperative for the Government to cease ongoing crimes against humanity, including through the system of kwanliso (political prison camps), and to undertake a process of accountability. Cooperation actually allowed in recent years had led to some advancements in addressing economic, social and cultural rights in the Democratic People’s Republic of Korea. In the ensuing discussion, some speakers shared the great concerns expressed in the Special Rapporteur’s report and called on the Democratic People’s Republic of Korea to fully engage with the mandate. Regrettably the report only confirmed what was already known, which was that the Democratic People’s Republic of Korea violated its citizens’ human rights and basic freedom. They deplored the attitude of a regime which cut off all links with the outside world, including access to humanitarian aid. Some speakers commended the Democratic People’s Republic of Korea for the promotion and protection of the human rights of its population and denounced a report based on disinformation. They were opposed to specific mandates against countries, particularly when the country concerned did not consent to them. Speaking in the interactive dialogue on the Democratic People’s Republic of Korea were European Union, Norway on behalf of Nordic-Baltic countries, Liechtenstein, Cuba, Syria, Venezuela, France, China, Switzerland, Sri Lanka, Cambodia, Australia, Ireland, Republic of Korea, Belarus, United States, United Kingdom, Zimbabwe, Czech Republic, Albania, Nicaragua, Viet Nam, South Sudan, Burundi, Eritrea, Lao People’s Democratic Republic New Zealand, Iran and Japan. Also speaking were Christian Solidarity Worldwide, Human Rights Watch, UN Watch, Ingenieurs du Monde, and People for Successful Korean Reunification. The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-ninth regular session can be found here. The Council will reconvene at 3 p.m. this afternoon to hold separate interactive dialogues with the Special Rapporteur on the situation of human rights in Myanmar, and with the High Commissioner on her oral update on the implementation of the recommendations made by the group of independent experts on accountability for human rights violations in the Democratic People’s Republic of Korea. It will then hold a general debate on agenda item four on human rights situations that require the Council’s attention. Interactive Dialogue with the High Commissioner on the Situation of Human Rights in Myanmar Documentation The Council has before it (A/HRC/49/72) report of the High Commissioner on the human rights situation in Myanmar since 1 February 2021 Presentation of Report MICHELLE BACHELET, United Nations High Commissioner for Human Rights, said that 13 months after the military coup of 1 February 2021, the human rights of the people of Myanmar were in profound crisis. Harsh repression of the rights to freedom of peaceful assembly, expression and information – including Internet access – had not quelled the country's rejection of the coup. Most protests had been expressed peacefully, regardless, the military had met all dissent - both acts of civil disobedience and acts of violence - in the same manner: with the use of lethal force, mass arbitrary arrests, and the use of torture. Since February 2021, over half a million people had been forced to flee their homes, with at least 15,000 recorded as fleeing the country. They added to the nearly 340,000 people internally displaced before February 2021 and over one million refugees, most of them Rohingya. Ms. Bachelet said that Myanmar was increasingly at risk of State collapse, with shattered economic, education, health, and social protection systems. The collapse of the health system had had devastating consequences for Myanmar’s COVID-19 response. The country's precious development gains had been destroyed by conflict and the military’s abuse of power. The High Commissioner remained acutely concerned for the safety and rights of human rights defenders and other civil society actors. Military authorities systematically used arrests and detentions as a tool to target and intimidate people who opposed them. The plight of the Rohingya people – a population persecuted for decades - remained dire, with no solution in sight. In conclusion, the High Commissioner said that accountability remained crucial to any solution to this crisis. Human rights violations and crimes being committed today by Myanmar's military forces were built upon the impunity with which they perpetrated the slaughter of the Rohingya four years ago – and other, similar, operations against ethnic minorities over many previous decades. Clearly, there would need to be a political pathway to restore democracy and civilian rule. But such dialogue could not and would not displace the urgent need to hold to account those responsible for severe human rights violations. The people of Myanmar deserved, and overwhelmingly demanded, justice. Ms. Bachelet urged stronger efforts to advance tangible results from the five-point consensus achieved by the Association of Southeast Asian Nations in April 2021 as so far, there had been little progress. Discussion In the ensuing debate, speakers thanked the High Commissioner for her report and welcomed the efforts of her Office to assess the gravity of human rights violations in Myanmar. Cases of discrimination were on the rise. The persecution of minorities was increasing the risk to the security of the entire region. Speakers called for an immediate end to violence against civilian populations and for the release of all political prisoners. They condemned any discrimination against minorities, as well as the systematic use of violence and arbitrary detentions, torture and enforced disappearances. Such blatant violations were condemned and concerns over violence against civilians and human rights defenders were expressed. Speakers condemned the military coup. They expressed concerns over the level of violence and called on the military leadership to end all forms of violence, to ensure accountability and to end impunity for all human rights violations. Some speakers urged the de facto authority to respect the Human Rights Council and all other United Nations mechanisms, fully cooperate with them, and cease reprisal against those mechanisms. The scale of human rights violations exacerbated the tragedy faced by the Rohingya population. Humanitarian access should be free and unhindered. Concerns over the supply of weapons to Myanmar were expressed. The international community should cease all transfers of weapons to Myanmar. Member States were urged to prevent the sale of weapons and military assistance to Myanmar. The army was continuing its brutal oppression instead of respecting international humanitarian law. Some speakers regretted that Myanmar, as a country concerned, was unable to participate in the dialogue and supported all parties to find a political solution through dialogue to restore social stability and to restart the democratic process in the country. The current problem in Myanmar was for the people of Myanmar to solve and external pressure would only be counterproductive. Multilateral institutions such as the Human Rights Council should help Myanmar to solve the current situation rather than support external intervention. Speakers supported the efforts of the Association of Southeast Asian Nations and reiterated the importance of a prosperous and peaceful Myanmar. They were supportive of the constructive role of the Association to work with Myanmar to advance the implementation of the consensus. Concluding Remarks on Myanmar MICHELLE BACHELET, United Nations High Commissioner for Human Rights, responding to the question on what more could be done to prevent a further spiral of human rights violations in Myanmar, including against women and children, said she was concerned about this, and the impact it could have across the country, and the Office had observed increasingly brutal tactics and use of heavy power. Villages were being razed to the ground. Women in detention were experiencing violation and degrading treatment, including torture, and both men and lesbian, gay, bisexual and transgender persons had been sexually assaulted at police stations. Children had been detained in various areas; some were being prosecuted and two had been given the death penalty. Steps had been identified to end the spiral: to stop the military oppression, to release detainees, and to restore democracy, among others. It was important for the Association of Southeast Asian Nations to support this. The report set out clear additional actionable recommendations that could assist the people of Myanmar and which highlighted the actions that the international community could take, including sanctions on military-linked economic interests. It was important for all stakeholders in the democratic movement and ethnic groups to be consulted in any efforts to solve the situation. There had been a complete breakdown of the national system to ensure economic and social rights: millions had lost their jobs, the price of basic commodities had soared, and public health care systems were collapsing. Women teachers had gone without pay. There was an urgent need for humanitarian assistance in all parts of Myanmar. It was important to ensure the maximum involvement of civil society and humanitarian organizations in delivering aid, as they enjoyed the recognition of the people. Accountability should be ensured for serious human rights violations, as well as international crimes, which should be addressed as a solution for any sustainable political situation in the country. There should be a comprehensive transitional justice policy, ensuring the rights of victims and allowing victims to make their voices heard. The Independent Investigative Mechanism for Myanmar was aiding this in the context of international standards. The different processes involved should collaborate to avoid overlap, and to ensure accountability in full. The High Commissioner said she fully supported the call for the creation of a conducive, dignified and sustainable return of the Rohingya to their own lands. There would be no sustainable solution unless these key issues could be addressed. Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in the Democratic People’s Republic of Korea Documentation The Council has before it (A/HRC/49/74) report of the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Tomás Ojea Quintana. Presentation of Report TOMÁS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, said that over the past six years, he had raised concerns about the coercive system of governance that deprived the fundamental freedoms of the people in the Democratic People’s Republic of Korea. He had been consistent on the need to implement a two-track approach: highlighting the most serious human rights violations in the country and the need to pursue accountability, alongside offering constructive engagement with the Government to seek the improvement of the human rights situation on the ground. It was imperative for the Government to cease ongoing crimes against humanity, including through the system of kwanliso (political prison camps), and to undertake a process of accountability. Until that happened, efforts should be pursued to refer the situation to the International Criminal Court or to create an ad hoc tribunal or comparable mechanism to determine individual criminal responsibility. Alternatives based on principles of universal or extraterritorial jurisdiction should also be tried, while preserving information that may be used in future processes needed to continue. Accountability also involved developing a historical record, memorialisation, reparation, and truth-telling exercises, which were necessary to guarantee the rights of victims. Cooperation actually allowed in recent years had led to some advancements in addressing economic, social and cultural rights in the Democratic People’s Republic of Korea, the rights of persons with disabilities, the plight of Korean separated families, and the Japanese abductions issue, among others, the Special Rapporteur said. The participation of the Government over the past six years in some United Nations mechanisms and training activities should be acknowledged and built upon to maximise space for cooperation in areas such as conditions in detention and the treatment of detainees, food, health, water and sanitation, adequate housing and labour standards. Mr. Ojea Quintana believed that the ongoing deterioration of the human rights situation in the Democratic People’s Republic of Korea was linked to the country’s ever-increasing isolation from the international community. At this point in time, the crucial challenge was to not recreate a new cycle of escalation of tensions on the Korean Peninsula, which could rapidly and dangerously destabilise the region. In his view, a diplomatic approach towards peace and the denuclearisation of the Korean Peninsula, which would build upon previous negotiations and was combined with proactive engagement on the human rights situation, was the only way forward. Discussion In the ensuing discussion, speakers shared the great concerns expressed in the Special Rapporteur’s report and called on the Democratic People’s Republic of Korea to fully engage with the mandate. They condemned the country’s lack of respect for the fundamental human rights of its population. Regrettably, the report only confirmed what was already known, which was that the Democratic People’s Republic of Korea violated its citizens’ human rights and basic freedoms. Every simple act or gesture was controlled in order to prevent acts of dissent. Speakers were frustrated at the lack of progress when it came to improving the human rights in the Democratic People’s Republic of Korea, which was witnessing serious and systematic violations, and exaggerated isolation. They deplored the attitude of a regime which had cut off all links with the outside world, including access of humanitarian aid. Speakers called on the authorities to put a stop to all human rights violations and resume cooperation with the United Nations. The Democratic People’s Republic of Korea showed little signs of decreasing the exaggerated isolation of its population which started at the beginning of the pandemic and this was concerning. The complete closure of the borders had exacerbated the challenges faced by the country. The situation continued to be dire every day. Speakers urged the Government to allow full access to humanitarian aid. The necessity to open the borders to allow the evacuation of people for medical reasons was highlighted. There was no rule of law, no free elections, no free media and no free civil society. The Government should work more closely with the human rights system. Some speakers denounced discriminatory mechanisms such as country specific mandates and highlighted that the Universal Periodic Review should be the path forward to tackle human rights violations. They were against selective and politically motivated resolutions and mandates such as the one on Myanmar. Mechanisms imposed against the will of States concerned only contributed to manipulating human rights. Country specific initiatives were known to fail. Speakers regretted the report’s lack of impartiality and called on the Special Rapporteur to stop this unconstructive approach. Calls for the lifting of the unilateral coercive measures that harmed the economic development of Myanmar and violated its people human rights were made. Myanmar’s sovereignty needed to be respected. Interim Remarks TOMÁS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, regretted that there was no representative of the Democratic People's Republic of Korea at the meeting, and a complete lack of cooperation in any way. This needed to change, as it was connected to the dialogue between the Democratic People's Republic of Korea and the Republic of Korea, as well as with international bodies. The level of isolation of the Democratic People’s Republic of Korea was concerning, as it ensured that there was no space for dialogue. The Government had taken a range of measures that had had a considerable impact on not only economic, social and cultural rights but also civil and political rights. The international community should ensure full engagement, including to ensure full vaccination of the people against COVID-19. It was up to the Government to accept the aid of the international community, and this would hopefully ensure the opening of the borders and the return of the humanitarian agencies and the United Nations country team, which presently could not carry out operations on the ground. The Special Rapporteur said his last report to the Council included a road map and hoped that the Office of the High Commissioner would take account of that. He hoped the report would serve as a catalyst for all thematic mandates in interacting with the Democratic People’s Republic of Korea. He encouraged thematic Rapporteurs, such as the one on water and sanitation, to develop and continue a relationship with the Government. Ultimately, the responsibility lay with the Government to promote and protect the human rights of its people. The Council would not allow crimes against humanity to continue: for that, it did not only require statements, or even resolutions, but concrete acts and measures on accountability; this was crucial to deter and prevent ongoing crimes against humanity within the country. Discussion Some speakers welcomed the report and endorsed its recommendations. They were gravely concerned about the further deterioration of the situation of human rights in the Democratic People’s Republic of Korea. as well as the prolonged border closure. They called for full access to medical staff involved in the COVID-19 response. Concerns were expressed about the Democratic People’s Republic of Korea laws on reactionary thought and culture, which included the death penalty for access to foreign content. There was no freedom of thoughts and Christians were particularly at risk. Defectors who returned faced violence and execution. The speakers said the Special Rapporteur had a critical role to play and must hold the Democratic People’s Republic of Korea to account. Some speakers commended the Democratic People’s Republic of Korea for the promotion and protection of the human rights of its population and denounced a report based on disinformation. The Human Rights Council should not be used to impose pressure on the international affairs of States. The speakers were opposed to specific mandates against countries, particularly when the country concerned did not consent to them. Country specific mandates did not produce the intended outcome in terms of improvement of promotion and protection of human rights. Speakers did not recognise the dubious methods of preparing a report based on fake information and fake evidence. Calls were made on the Council to refrain from making politically motivated decisions. The Council should stop using double standards because it would only undermine the effective protection of human rights. The Universal Periodic Review was the only effective tool to protect human rights. Speakers urged countries to cease all unilateral coercive measures against the Democratic People’s Republic of Korea. Concluding Remarks TOMÁS OJEA QUINTANA, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, said his report, which was his last one to the Council, acknowledged that the Government of the Democratic People’s Republic of Korea had taken the initiative to establish cooperation with the Human Rights Council. There was interaction with the Council in the context of the Universal Periodic Review, and there had been progress in reporting to treaty bodies, and there was also contact with the Office of the High Commissioner for Human Rights, and a capacity-building session held in Geneva. This reflected the impartial nature of his report, which was drawn up using the principle of independence. He had stood ready to listen to the points of view of the authorities of the Democratic People’s Republic of Korea. It was important for all Special Rapporteurs and his mandate in particular - that the report reflected the point of view of the country concerned. His reports had always been completely impartial and based on his findings as an independent expert, and he had always shunned bias, selectivity, politicisation and double standards. Regarding the engagement of the authorities of the Democratic People’s Republic of Korea, these were relevant to other mandates as well. For this mandate, it would be important to establish a relationship with the countries surrounding the Democratic People’s Republic of Korea as well. Trust must be built so that crucial issues could be addressed. He urged the neighbours of the Democratic People’s Republic of Korea and other countries in the region to develop contacts with the mandate. Regarding expectations of aid, for example food, the international community needed to know from the Democratic People’s Republic of Korea what were their expectations, and transparent information was required. On the rights of women in the Democratic People’s Republic of Korea, this issue was addressed in the reports: there were in fact reports of wide-spread violations of women’s rights in the country, and this must be addressed in the dialogue with the authorities. The majority of escapees from the Democratic People’s Republic of Korea had a tumultuous journey during which they were exposed to all sorts of human rights violations. Those working on human rights in the country were concerned about heightened tensions on the Korean peninsula. Tensions and isolation made it impossible to open up channels to discuss human rights, but diplomatic means must be used to open these up for the future. The Secretary-General must be empowered to play a more relevant role in diplomacy on the peninsula. It was frustrating to not be able to make more progress in the situation of human rights in the Democratic People’s Republic of Korea, and the Human Rights Council must be able to overcome this frustration by using all the mechanisms at its disposal in the United Nations system..."
Source/publisher: United Nations Human Rights Council and The Office of the High Commissioner for Human Rights
2022-03-21
Date of entry/update: 2022-03-22
Grouping: Individual Documents
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Description: "The Human Rights Council this afternoon held an interactive dialogue with the Special Rapporteur on the situation of human rights in Myanmar, heard the presentation of an oral update on the Democratic People's Republic of Korea, and began a general debate on its agenda item four on human rights situations that require the Council’s attention. Thomas Andrews, Special Rapporteur on the situation of human rights in Myanmar, said he regretted to inform the Human Rights Council that since his last report, the human right situation in Myanmar had not only failed to improve, it had deteriorated significantly. In fact, the Myanmar junta’s war against the people of Myanmar had intensified. The generals responsible for these escalating horrors were guilty of crimes against humanity, including the crimes of murder, enslavement, displacement and forcible transfer, enforced disappearance, torture, rape, and sexual violence. The international community and all Member States of the United Nations must stand with and for the people of Myanmar with not only words, but even more importantly, with action. In the discussion on Myanmar, speakers said the findings of the report were shocking and revealed the magnitude of the human rights crisis in Myanmar. The brutal and inhumane attacks must cease immediately, and all those arrested must be released. The attacks on civilians must cease immediately. The humanitarian crisis in the country had been deliberately exacerbated by attacks on humanitarian personnel and the blocking of humanitarian aid. These were blatant violations of international law. Those guilty of human rights violations must be held accountable. Some speakers said that the report contained biases and major imbalances with information from unsubstantiated sources. The Special Rapporteur had abused his status and stepped beyond his mandate by manipulating facts in an attempt to influence the work of United Nations bodies and serve the political agenda of certain countries, voiding his code of conduct and damaging further the situation on the ground. Ilze Brands Kehris, United Nations Assistant Secretary‑General for Human Rights, presented the oral update of the High Commissioner on the implementation of the recommendations made by the group of independent experts on accountability for human rights violations in the Democratic People’s Republic of Korea. She said that the Office continued to lay foundations for future accountability with respect to violations of human rights in the Democratic People’s Republic of Korea, including by gathering, analysing and preserving information on human rights violations in the country, some of which may rise to the level of international crimes. The Government of the Democratic People’s Republic of Korea should commit to systemic reforms needed to end all human rights violations and to hold those responsible to account. The Council then held a general debate on agenda item four on human rights situations that require the Council’s attention. Some speakers said that the principles of universality, objectivity and impartiality should guide the Council’s work under this agenda item, and that all civil and political rights and economic, social and cultural rights, including the right to development, should be treated equally. States had a primary responsibility to ensure the safety of internally displaced persons in situations of armed conflict, including their return and full restoration of their human rights. The Council should remain aware of the devastating impact of terrorism, hold accountable the countries that supported terrorist groups, and work to limit the impact of terrorists on human rights. The Council had a duty to take meaningful actions to combat the rise of racism, xenophobia, Islamophobia and hate speech, particularly online. Speaking on Myanmar were European Union, Pakistan (on behalf of the Organization of Islamic Cooperation), Sweden (on behalf of a group of countries), Liechtenstein, Libya, United Arab Emirates, Malaysia, Maldives, Japan, France, Venezuela, Luxembourg, China, Indonesia, Australia, Ireland, Republic of Korea, Bangladesh, United States, Serbia, Belgium, Turkey, Czech Republic, Albania, Malawi, New Zealand, Canada, Timor-Leste, Sierra Leone and Gambia. Also speaking were Access Now, Human Rights Now, Asian Forum for Human Rights and Development, Centre pour les Droits Civiques et Politiques, Christian Solidarity Worldwide, Human Rights Watch, Lawyers Rights Watch Canada, the International Federation For Human Rights League (FIDH), the European Center for Law and Justice and the Meezaan Center for Human Rights, Speaking in the general debate on agenda item four were: France (on behalf of the European Union), Pakistan (on behalf of the Organization of Islamic Cooperation), Poland (on behalf of a group of countries), China (on behalf of a group of countries), Azerbaijan (on behalf of the Non-Aligned Movement), Morocco (on behalf of the group of Arab States), Venezuela (on behalf of a group of countries), Germany, Finland, Luxembourg, China, France, Venezuela, Cuba, Japan, India, Netherlands, Armenia, Pakistan, Indonesia, Lithuania, Russian Federation, Republic of Korea, United States, United Kingdom, Bolivia, Kazakhstan, Ukraine, Sudan, Democratic People's Republic of Korea, Philippines, Israel, Estonia, Spain, Switzerland and Austria. The webcast of the Human Rights Council meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s forty-ninth regular session can be found here. The Council is scheduled to reconvene at 9 a.m. on Tuesday, 22 March, to continue the general debate under agenda item four, followed by a panel discussion on public policies on COVID-19 at 10 a.m. Interactive Dialogue with the Special Rapporteur on the Situation of Human Rights in Myanmar Documentation The Council has before it (A/HRC/49/76) report of the Special Rapporteur on the situation of human rights in Myanmar on the situation of human rights in Myanmar. Presentation of the Report THOMAS ANDREWS, Special Rapporteur on the situation of human rights in Myanmar, said he regretted to inform the Human Rights Council that since his last report, the human right situation in Myanmar had not only failed to improve, it had deteriorated significantly. In fact, the Myanmar junta’s war against the people of Myanmar had intensified. More than 1,600 civilians had now been killed by the junta; nearly 10,000 were now arbitrarily detained; more than half a million had been displaced since the coup began, bringing the number of internally displaced persons to well over 800,000; in the last two and a half months alone – since the beginning of this year - more than 4,500 homes and other civilian structures had been destroyed; basic human rights such as freedom of expression, assembly and association had been criminalised; many regions of the country that had not seen sustained fighting since World War II were now in a state of non-international armed conflict; and the 600,000 Rohingya remaining in Rakhine State after the military-led genocidal attacks in 2016-2017 were under constant threat, nearly a quarter of them confined in de facto internment camps while nearly all continued to be denied the right to citizenship, movement, and other fundamental rights. The generals responsible for these escalating horrors were guilty of crimes against humanity, including the crimes of murder, enslavement, displacement and forcible transfer, enforced disappearance, torture, rape, and sexual violence. Junta forces had also committed war crimes, including wilful killing, destruction of property, torture and inhumane treatment, pillaging, rape, and displacement of civilians, among other crimes. Of course, only a competent court could render such judgments with legal authority and international justice was sorely needed to hold those who were responsible for these horrible, ongoing crimes fully accountable. The consequences of the junta’s coup were being felt by tens of millions of people - nearly the entire population of Myanmar. The military junta had driven Myanmar into a humanitarian catastrophe marked by a crumbling health infrastructure, half the nation falling into poverty, rampant inflation, and the cruel and outrageous blocking of the delivery of aid to those in desperate need. It was critical to focus on the fact that the nightmare that continued to unfold in Myanmar, day in and day out, was happening to real people, real families whose lives were being crushed by a murderous junta. The military junta of Myanmar, and their accomplices, must be held accountable! The international community and all Member States of the United Nations must stand with and for the people of Myanmar with not only words, but even more importantly, with action. For the growing numbers of men, women and children in Myanmar, it was a matter of life and death. Discussion In the ensuing interactive debate, speakers said the findings were shocking, and revealed the magnitude of the human rights crisis in Myanmar. The brutal and inhumane attacks must cease immediately, and all those arrested must be released. The attacks on civilians must cease immediately. The humanitarian crisis in the country had been deliberately exacerbated by attacks on humanitarian personnel and the blocking of humanitarian aid. These were blatant violations of international law. Those guilty of human rights violations must be held accountable. The acute suffering in the country could only end if Myanmar was brought back to the path of democracy, as highlighted by the Association of Southeast Asian Nations in its Five Point Consensus. The attacks against the Rohingya Muslims were deplored, and concerns were expressed that no progress had been made to ensure their safe and voluntary return to their lands. Myanmar must cooperate with the United Nations and all relevant human rights mechanisms and implement all recommendations, including providing citizenship for the Rohingya and the return of all forcibly displaced persons. It was now more than a year since the brutal military coup, and in recent months the violence had escalated, with air strikes, torture, and attacks on civilians and civilian infrastructure, all committed by the military forces. The continued repression of the right to freedom of speech, including the harassment of journalists and civil society, was also of great concern. The humanitarian crisis was only growing, and safe humanitarian access to international actors must be ensured. Some speakers said that country-specific mandates established without the agreement of the country concerned were against the spirit of consensus that should reign in the Council. The report contained biases and major imbalances with information from unsubstantiated sources. These politicised mandates impeded dialogue on the promotion and protection of human rights. It was important to bolster spaces for cooperation, as otherwise the efforts to consolidate democracy and strengthen human rights came to nothing. The Council should cease to hold these hostile mandates against countries of the South. They were an interference into the sovereignty of these countries. The Universal Periodic Review mechanism was the best place for dealing with country-specific issues. The absence of Myanmar at the meeting was saddening. The Special Rapporteur had abused his status and stepped beyond his mandate by manipulating facts in an attempt to influence the work of United Nations bodies and serve the political agenda of certain countries, voiding his code of conduct and damaging further the situation on the ground. He should stay within his mandate and within the principles of objectivity and impartiality, and work to stabilise the situation in Myanmar. Concluding Remarks THOMAS ANDREWS, Special Rapporteur on the situation of human rights in Myanmar, said that he appreciated the thoughtful comments and questions. On the role of the international community to reduce the violent attacks against freedom of expression in Myanmar, the Special Rapporteur said that in the absence of a Security Council resolution issuing an arms embargo, Member States should hold arms deliveries and reduce revenue transfer with more economic sanctions. It took considerable revenue to supply and equip the military structure. Mr. Andrews said it was necessary to create a multinational task force to identify, hunt down and freeze the assets of Myanmar, as Myanmar’s assets belonged to the people of Myanmar, and they were being used to attack the rightful owner of these assets, the people of Myanmar. The national liberty government should be recognised as the representative of the people of Myanmar. Member States should support the efforts to hold perpetrators of atrocities to account. States that had universal jurisdiction should make preparations to file charges against Myanmar’s security officials. They should support filing under the International Criminal Court and ensure the full funding of the United Nations humanitarian response. The Special Rapporteur continued to believe that a comprehensive resolution, including sanctions under the International Criminal Court, should be put in front of the Security Council, or at least one prohibiting the transfer of weapons to Myanmar as well as sanctions against entities which imported and exported weapons to Myanmar. Arms facilitators should be sanctioned. International investors should examine the extent to which their investments supported the atrocities and how they could prevent and mitigate their human rights impacts, including terminating those investments if needed. On the criticism addressed to the Council and his mandate, he stated, "with all due respect", that he stood by the facts in his report and specified that he would address any criticism. The report was within his mandate and his responsibility. The arms deal that he had documented had resulted in horrible violations of human rights and it was his responsibility to document them as well as address progress on the recommendations of the Fact-Finding Mission. His report was not based on speculation, it was based on facts and facts spoke for themselves. Concerning the situation of the Rohingya, Mr. Andrews said that 600,000 of them in Rakhine state continued to have their human rights violated, facing restrictions that could have life or death consequences, given the current conditions. He considered the situation in Rakhine state to be unconducive for the return of refugees in Bangladesh. He hoped to travel to countries belonging to the Association of Southeast Asian Nations in the coming months to hear their vision of the situation. He fully supported the Five Point Consensus. The Special Rapporteur further welcomed the collaboration with the European Union envoy and reiterated that Member States should consider him as a source of information and recommendations. Concluding by addressing the impact of the military coup on children, the Special Rapporteur specified that the crisis in public health would have a long-term impact on the development of children and that the violation of their human rights may account to war crimes or crimes against humanity. Some 188 children were detained as political prisoners because they had participated in peaceful protests. Some had been tortured and denied medical care. He was further extremely concerned over the recruitment of child soldiers and the use of children as human shields. The collapse of health care services would have a devastating impact on children, such as the lack of routine immunisation, which could result in 33,000 deaths this year. Presentation of the Oral Update of the High Commissioner on the Implementation of the Recommendations made by the Group of Independent Experts on Accountability for Human Rights Violations in the Democratic People’s Republic of Korea ILZE BRANDS KEHRIS, United Nations Assistant Secretary‑General for Human Rights, presenting the oral update of the High Commissioner on the implementation of the recommendations made by the group of independent experts on accountability for human rights violations in the Democratic People’s Republic of Korea, said the Office continued to lay foundations for future accountability with respect to violations of human rights in the Democratic People’s Republic of Korea, including by gathering, analysing and preserving information on human rights violations in the country, some of which may rise to the level of international crimes. It had taken forward processes of gathering information on specific violations, in particular by interviewing escapees from the Democratic People’s Republic of Korea. Over the last year, there had been a significant reduction in the number of escapees leaving the Democratic People’s Republic of Korea, principally as a result of COVID-19 related restrictions. Member States with escapees on their territory should ensure full and unhindered access for the Office of the High Commissioner for Human Rights to them, in particular recent arrivals. Persons repatriated to the Democratic People’s Republic of Korea faced a significant likelihood of torture and other serious human rights violations. Member States should provide them with full protection against the risk of refoulement and safe pathways in accordance with international human rights and refugee law obligations. Information received by the Office of the High Commissioner continued to suggest that there were reasonable grounds to believe that crimes against humanity had been committed in the Democratic People’s Republic of Korea and may be ongoing. The Government of the Democratic People’s Republic of Korea should commit to systemic reforms, end all human rights violations, and hold those responsible to account. An acknowledgment of the existence of serious human rights violations was a first step to this end. In the absence of any such commitment, however, it was incumbent on the international community to pursue accountability avenues, whether through referral to the International Criminal Court, or the establishment of an ad hoc tribunal or another comparable mechanism. Member States should also consider supporting complementary approaches at national levels, including criminal proceedings in accordance with international standards under accepted principles of extraterritorial and universal jurisdiction, and relevant civil litigation. Long-term peace and stability on the Korean peninsula could only be achieved if victims’ rights to truth, justice and accountability for violations suffered in the Democratic People’s Republic of Korea were addressed adequately and in a timely manner. General Debate on Human Rights Situations that Require the Council’s Attention In the general debate, speakers said that the principles of universality, objectivity and impartiality should guide the Council’s work under this agenda item, and all civil and political rights and economic, social and cultural rights, including the right to development, should be treated equally. Local situations and challenges should be considered in this regard. The Council should aim to ensure dialogue and cooperation. Selective applications of the agenda item were of concern: each situation should be dealt with on its own merit, and not from a politicised approach. The promotion and protection of human rights and the commitment to fulfil obligations to ensure the enjoyment of human rights and fundamental freedoms for all should be ensured from a non-selective perspective. The Council needed to function in a non-politicised, cooperative and objective manner. Country-selective mandates ran counter to the Charter of the Council and ran counter to human rights issues. The Universal Periodic Review was one of the founding mechanisms of the Human Rights Council to address human rights issues, putting all countries on an equal footing in a spirit of cooperation and harmonious discussion, and this was the tool for discussion of such issues. A country’s human rights record must be judged by the inhabitants of the country, and not by the standards of others. Human rights had become a bargaining chip, and this should be reversed. States had a primary responsibility to ensure the safety of internally displaced persons in situations of armed conflict, including their return and full restoration of their human rights. Post-conflict rehabilitation and reconstruction efforts were vital for continued peace. The impact of terrorism and conflict on the right to life of persons globally was of concern, as it posed a serious threat to democracy and the rule of law. The Council should remain aware of the devastating impact of terrorism, hold accountable the countries that supported terrorist groups, and work to limit the impact on human rights. The Council should promote and protect the fundamental freedoms and human rights of Muslim persons and communities against the rise of Islamophobia worldwide. The Council had a duty to take meaningful action to combat the rise of racism, xenophobia and hate speech, particularly online. Human rights should be promoted and protected without discrimination or ambiguity. The Council should also actively monitor and report on the conditions of foreign occupations and disputes in those countries involved. Everyone had the right to respect of the law by all and without discrimination. Contempt for international humanitarian law and international human rights law was inexcusable, and attacks on civilian infrastructure, such as schools and hospitals, constituted war crimes. All countries should ensure that they fully respected international humanitarian law and international human rights law. World-wide civic space was rapidly being restricted, and this should be combatted effectively to ensure that civil society had sufficient space to operate freely. This restriction was being seen in too many countries around the world. Democracy must be supported, and all States should repeal laws restricting civil space and ensure a space, both offline and online, where civil society could pursue their activities free from violence and threats of violence. The situation of indigenous rights in some countries was also of concern, as in the past they had seen violations of their human rights and fundamental freedoms, with their land taken, and their culture forcibly eliminated. Indigenous children were forcibly taken from their families and interned in schools, where they died unnatural deaths. Indigenous peoples in many countries were subject to systemic discrimination and inequality, marginalised at the bottom of society. Their situation had further deteriorated due to the impact of the pandemic. Countries involved should act immediately, investigate thoroughly, hold the guilty accountable, provide reparations, and ensure that such situations could not be repeated by taking all necessary measures to eliminate discrimination. The situation of women and girls in many countries was of great concern, where they faced sexual assault, trafficking, and other serious human rights violations. In the context of the global fight against the pandemic, health workers should be recognised as human rights workers, and they should be defended as such..."
Source/publisher: United Nations Human Rights Council
2022-03-21
Date of entry/update: 2022-03-22
Grouping: Individual Documents
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Description: "We, the undersigned 116 Myanmar civil society organizations (CSOs), urgently call for the United Nations Human Rights Council (HRC) to explore all possible routes to seek accountability for Myanmar through the establishment of a jurisdiction for atrocity crimes mandated by the UN. We express our disappointment at the resolution of the HRC on 24 March 2021 and Special Session resolution on 12 February 2021, and call for the adoption of a robust resolution on Myanmar during the 49th Regular Session of the Council that reflects the gravity of the crisis Myanmar is facing and focuses on efforts to finally establish a jurisdiction to prosecute international crimes. The UN continues to fail the people of Myanmar by allowing justice and accountability to languish, and in some instances failed to call out impunity entirely, thereby further emboldening the Myanmar military. For over 15 years, the UN HRC has passed over 20 resolutions on Myanmar, mandating monitoring, documentation and reporting on human rights violations by the Office of the High Commissioner for Human Rights and the Special Rapporteur on the situation of human rights in Myanmar. Most importantly, in March 2017, the UN HRC created the Independent International Fact-Finding Mission on Myanmar (IIFFMM) which found credible evidence of genocide, war crimes and crimes against humanity committed by the Myanmar military. Following the findings of the IIFFMM, the UN HRC, in 2019, established the Independent Investigative Mechanism for Myanmar (IIMM) to collect, consolidate, preserve and analyze evidence of the most serious international crimes and violations of international law in Myanmar and prepare files for criminal prosecution. The wealth of information documented and reported by these different mechanisms point to the entrenched impunity of the Myanmar military for grave international crimes. Despite the overwhelming evidence of grave crimes that continue to be committed by the military with complete impunity, none of these mechanisms are mandated to or have jurisdiction to initiate judicial proceedings to hold the military accountable. Unless a full jurisdiction for Myanmar is established, accountability and justice remain distant for victims of the world’s most heinous crimes. The human rights situation in Myanmar has reached its nadir, in which the military junta routinely commits extrajudicial killings, airstrikes, massacres, sexual and gender-based violence, mass arbitrary arrests, torture in detention and other atrocities against the people of Myanmar with total impunity. In September 2021, the Special Rapporteur on the situation of human rights in Myanmar, Mr. Tom Andrews, stated that “the junta, in sum, directed its forces to engage in widespread and systematic attacks against the people of Myanmar. There was therefore a compelling case that the military junta was committing crimes against humanity”. Following the massacre of at least 42 people including children and two Save the Children staff members in Karenni State on Christmas Eve, the Security Council issued a statement stating that there is a “need to ensure accountability for this act.” The HRC must immediately act to seek all possible ways for the UN to establish jurisdiction to prosecute grave crimes in Myanmar. The work of the IIMM must be put to use, perpetrators must be held to account, and end the cycle of impunity. The UN must not continue to respond with a business as usual approach to grave violations of human rights in Myanmar, and take up its responsibility to promote and protect human rights. It cannot be reiterated enough, that the same military that perpetrated genocide against the Rohingya in 2017 and grave atrocity crimes against ethnic communities for decades, is now committing crimes against humanity and war crimes carte blanche across the country. To date, the military junta has slain 1,603 people, including at least 100 children – with hundreds more killed in addition to this number as a result of ground attacks and fierce targeted airstrikes. From 1 February 2021 to 25 February 2022, there have been total of 9,441 armed clashes and attacks involving civilians, forcing communities to flee for safety or over the border into India or Thailand. As of end of 31 January, 2022, there are estimated over 811,900 internally displaced people across Myanmar. In their craven effort to suppress the Spring Revolution, the military junta has arbitrarily arrested 12,534 people, while 9,507 remain in detention, and continue to be subjected to torture, death, starvation, deprivation of healthcare, food and water and sexual and gender-based violence. The Myanmar people are determined to end the military tyranny and bring the country back to the path towards democracy. For this, the support of the international community and particularly the UN is crucial. Yet, amidst all that has happened during this crisis, the UN has continued to fail to take meaningful actions to halt the military junta’s brutal campaign of terror. The UN’s engagement in Myanmar remains fraught with systemic failures, continuing a legacy of ineffectuality over the past decades, which came to the fore prominently leading up to and during the Rohingya genocide, all of which were detailed in the Rosenthal Report. Among other conclusions, the report found UN Agencies in Myanmar chose to keep quiet about the genocidal atrocities being committed in Rakhine State, in the hope of maintaining access and continuing their programs. Many issues and recommendations outlined within the Rosenthal Report to this day remain unaddressed by the UN. Thus, it is vital that reporting continues to ensure that concrete actions are taken to address the report’s findings, as the present unfolding crisis in Myanmar is partly borne out by the failures of the UN to swiftly act to hold the Myanmar military to account for its past crimes. Moreover, with the current crisis continuing to unfold, it is extremely important for the people of Myanmar to have their legitimate representative at the UN. The UN General Assembly deferred its credentials decision on Myanmar, unequivocally rejecting the military junta’s attempt to claim the seat, leaving Ambassador Kyaw Moe Tun to continue as Myanmar’s UN representative. The ambassador, appointed by the National Unity Government (NUG), must be allowed to take his rightful seat to represent Myanmar at the UN Human Rights Council. Leaving Ambassador Kyaw Moe Tun from representing Myanmar in the 49th Regular Session of the Human Rights Council is not acceptable and would deny the people of Myanmar their legitimate representative. The UN must fully support the will of the people of Myanmar for a federal democracy, and bring about justice and accountability, and end the impunity of the Myanmar military. The path forward in achieving this must be through the establishment of a jurisdiction to investigate and prosecute international crimes. Therefore, we call on the Human Rights Council to: Explore all possible routes to seek accountability for Myanmar through the establishment of a jurisdiction for atrocity crimes mandated by the UN. Recommend the UN Security Council to adopt a resolution referring the situation in Myanmar to the ICC. Call on the ICC to accept the declaration lodged by the Myanmar government, the NUG, under Article 12(3) of the Rome Statute accepting the Court’s jurisdiction with respect to international crimes committed in Myanmar territory since 1 July 2002. Support Ambassador Kyaw Moe Tun, appointed by the NUG whose credential has been retained by the UNGA, to represent Myanmar at the HRC..."
Source/publisher: 116 Myanmar Civil Society Organizations
2022-03-07
Date of entry/update: 2022-03-07
Grouping: Individual Documents
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Description: "သို့ ကုလသမဂ္ဂလူ့အခွင့်အရေးကောင်စီ၏ အဖွဲ့ဝင်နိုင်ငံများ နှင့် လေ့လာသည့်နိုင်ငံများ အိတ်ဖွင့်ပေးစာ ကုလသမဂ္ဂလူ့အခွင့်အရေးကောင်စီအနေဖြင့် မြန်မာနိုင်ငံအတွင်းရှိ ဆိုးရွားလှသော ရာဇဝတ်မှုများကို တရားစွဲဆိုနိုင်ရန်အတွက် တရားစီရင်ရေးစနစ် တည်ထောင်ရေး နည်းလမ်းများ ရှာဖွေရန် ၂၀၂၂ ခုနှစ် မတ်လ ၇ ရက် လေးစားရပါသော ဂုဏ်သရေရှိလူကြီးမင်းများရှင်/ခင်ဗျား မြန်မာနိုင်ငံတွင် ဖြစ်ပေါ်နေသော ဆိုးရွားလှသည့် ရာဇဝတ်မှုများအတွက် ကုလသမဂ္ဂမှ လုပ်ပိုင်ခွင့်အာဏာ အပ်နှင်းထားသော တရားစီရင်ရေးတစ်ရပ် တည်ဆောက်ပြီး တာဝန်ယူမှု တာဝန်ခံမှု ရှိလာစေရေး ဖြစ်နိုင်သော လမ်းကြောင်းများအားလုံးကို ရှာဖွေရေး ကုလသမဂ္ဂလူ့အခွင့်အရေးကောင်စီ (United Nation Human Rights Council – UNHRC) မှ ရှာဖွေဖော်ထုတ်သွားရန် အောက်တွင်လက်မှတ်ရေးထိုးထားသော မြန်မာအရပ်ဘက်လူထုအဖွဲ့အစည်း (CSO) ၁၁၆ ဖွဲ့မှ အရေးတကြီး တောင်းဆိုလိုက်သည်။ မိမိတို့အနေဖြင့် ၂၀၂၁ ခုနှစ် ဖေဖော်ဝါရီလ ၁၂ ရက်နေ့တွင် ပြုလုပ်သည့် အထူးအစည်းအဝေး၏ ဆုံးဖြတ်ချက် နှင့် ၂၀၂၁ ခုနှစ် မတ်လ ၁၄ ရက်နေ့တွင် ချမှတ်သည့် UNHRC ၏ ဆုံးဖြတ်ချက် တို့အပေါ် စိတ်ပျက်ရကြောင်း ဖော်ပြလိုပြီး ယခုပြုလုပ်နေသည့် ၄၉ ကြိမ်မြောက် UNHRC ၏ ပုံမှန်အစည်းအဝေးတွင် မြန်မာနိုင်ငံ လက်ရှိရင်ဆိုင်နေရသော အကျပ်အတည်း၏ နက်ရှိုင်းမှုကို ထင်ဟပ်သည့် ခိုင်မာသော ဆုံးဖြတ်ချက်တစ်ခုကို ချမှတ်ရန်နှင့် မြန်မာနိုင်ငံရှိ နိုင်ငံတကာ ရာဇဝတ်မှုများကို တရားစွဲဆိုနိုင်မည့် တရားစီရင်ရေးတစ်ရပ် တည်ဆောက်နိုင်ရေး ကြိုးပမ်းအားထုတ်မှုများအပေါ် အ‌လေးပေးလုပ်‌ဆောင်ရန် တောင်းဆိုသည်။ ကုလသမဂ္ဂသည် တရားမျှတမှုနှင့် တာဝန်ယူမှု တာဝန်ခံမှု မရှိစေခြင်းအားဖြင့် မြန်မာပြည်သူများအပေါ် ဆက်လက်ပျက်ကွက်နေပြီး တချို့ဖြစ်စဥ်များတွင် ပြစ်ဒဏ်ကင်းလွတ်ခွင့် ရနေမှုအပေါ် ထုတ်ဖော်ပြောဆိုရန်ပင် လုံးဝပျက်ကွက်နေခဲ့ခြင်းများကြောင့် မြန်မာစစ်တပ်ကို ပိုမိုအတင့်ရဲလာစေသည်။ လွန်ခဲ့သည့် ၁၅ နှစ်ကျော်ကာလအတွင်း UNHRC သည် မြန်မာနိုင်ငံနှင့်ပတ်သက်၍ ဆုံးဖြတ်ချက် ၂၀ ကျော် ချမှတ်ခဲ့ပြီး ကုလသမဂ္ဂလူ့အခွင့်အရေးဆိုင်ရာမဟာမင်းကြီးရုံး (Office of the High Commissioner for Human Rights – OHCHR) နှင့် မြန်မာနိုင်ငံ လူ့အခွင့်အရေးအခြေအနေဆိုင်ရာ အထူးကိုယ်စားလှယ် (Special Rapporteur on the situation of human rights in Myanmar) တို့အား လူ့အခွင့်အရေး ချိုးဖောက်မှုများကို လေ့လာစောင့်ကြည့်ရန်၊ မှတ်တမ်းတင်ရန် နှင့် အစီရင်ခံရန် တို့အတွက် လုပ်ပိုင်ခွင့်အာဏာ ပေးအပ်ခဲ့သည်။ ထို့အပြင် အရေးကြီးဆုံး အချက်တစ်ခုမှာ ၂၀၁၇ ခုနှစ် မတ်လတွင် UNHRC က မြန်မာနိုင်ငံဆိုင်ရာ လွတ်လပ်သော နိုင်ငံတကာ အချက်အလက်ရှာဖွေရေးမစ်ရှင် (Independent International Fact-Finding Mission on Myanmar – IIFFMM) ကို ဖွဲ့စည်းပေးခဲ့ပြီး ယင်း IIFFMM က မြန်မာစစ်တပ်မှ လူမျိုးတုံးသတ်ဖြတ်မှု၊ စစ်ရာဇဝတ်မှုများနှင့် လူသားမျိုးနွယ်အပေါ် ဆန့်ကျင်သော ရာဇဝတ်မှုများကို ကျူးလွန်ထားသည်ဟု ယုံကြည်ရနိုင်ဖွယ် အထောက်အထားများကို ရှာဖွေတွေ့ရှိခဲ့သည်။ IIFFMM ၏ တွေ့ရှိချက်များနောက်ပိုင်း ၂၀၁၉ ခုနှစ်တွင် UNHRC သည် မြန်မာနိုင်ငံတွင် အဆိုးရွားဆုံးသော နိုင်ငံတကာရာဇဝတ်မှုများနှင့် နိုင်ငံတကာဥပဒေ ချိုးဖောက်မှုများဆိုင်ရာ အထောက်အထားများကို သိမ်းဆည်းရန်၊ စုစည်းရန်၊ ထိန်းသိမ်းရန်နှင့် ခွဲခြမ်းစိတ်ဖြာသုံးသပ်မှု လုပ်ဆောင်ရန်၊ နှင့် ရာဇဝတ်မှုဆိုင်ရာ တရားစွဲဆိုမှုများ လုပ်ဆောင်နိုင်ရန်အတွက် အချက်အလက်‌များကို ပြင်ဆင်ထားရန် တို့အတွက် မြန်မာနိုင်ငံဆိုင်ရာ လွတ်လပ်သောနိုင်ငံတကာစုံစမ်းစစ်ဆေးရေယန္တရား (Independent Investigative Mechanism for Myanmar – IIMM) ကို ဖွဲ့စည်းပေးခဲ့သည်။ ဤမတူကွဲပြားသော ယန္တရားများမှ မှတ်တမ်းတင် အစီရင်ခံထားသည့် ပြည့်စုံလုံလောက်သော အချက်အလက်များက မြန်မာစစ်တပ်မှ ကျူးလွန်နေသည့် ဆိုးရွားသော နိုင်ငံတကာ ရာဇဝတ်မှုများသည် ပြစ်ဒဏ်ပေး အရေးယူခြင်း မခံရဘဲ ကင်းလွတ်ခွင့်ရနေမှု အမြစ်တွယ်နေခြင်းကြောင့် ဖြစ်သည်ကို ထောက်ပြနေသည်။ မြန်မာစစ်တပ်သည် ပြစ်ဒဏ်ပေးအရေးယူခံရမှု ကင်းလွတ်စွာဖြင့် ထိုဆိုးရွားသော ရာဇဝတ်မှုများကို ဆက်လက်ကျူးလွန်နေကြောင်း ခိုင်မာသည့်အထောက်အထားများ ရှိနေသော်လည်း ယင်းယန္တရားများကို စစ်တပ်မှ တာဝန်ယူ တာဝန်ခံလာစေရေး အရေးယူနိုင်သော တရားဥပဒေကြောင်းဆိုင်ရာ လုပ်ငန်းစဉ်များ ဆောင်ရွက်နိုင်သည့် လုပ်ပိုင်ခွင့်အာဏာ သို့မဟုတ် တရားစီရင်ပိုင်ခွင့် ပေးထားခြင်း မရှိပေ။ မြန်မာနိုင်ငံအတွက် ပြည့်ဝသော တရားစီရင်ရေးစနစ်ကို မတည်ဆောက်နိုင်ပါက ကမ္ဘာပေါ်တွင် အဆိုးရွားဆုံးသော ရာဇဝတ်မှုများကို ရင်ဆိုင်ခံစားနေရသည့် ကျူးလွန်ခံရသူများအတွက် တာဝန်ယူမှု တာဝန်ခံမှုနှင့် တရားမျှတမှု ရရှိနိုင်ရေးမှာ ဆက်လက်အလှမ်းဝေးနေမည် ဖြစ်သည်။ မြန်မာစစ်အုပ်စုသည် မြန်မာပြည်သူများအပေါ် ဥပဒေမဲ့သတ်ဖြတ်ခြင်း၊ လေကြောင်းဖြင့် တိုက်ခိုက်ခြင်း၊ အစုလိုက်အပြုံလိုက် သတ်ဖြတ်ခြင်း၊ လိင်ပိုင်းဆိုင်ရာနှင့် ကျား-မအခြေပြု အကြမ်းဖက်မှုများ ကျူးလွန်ခြင်း၊ အစုလိုက်အပြုံလိုက် မတရားဖမ်းဆီးချုပ်နှောင်ခြင်း၊ အကျဥ်းထောင်များတွင် ညှဥ်းပန်းနှိပ်စက်ခြင်းနှင့် အခြားသော ရက်စက်ကြမ်းကြုတ်မှုများကို ပြစ်ဒဏ်ပေးအရေးယူခံရမှု ကင်းလွတ်စွာဖြင့် ပုံမှန်ကျူးလွန်နေသည်ဖြစ်ရာ မြန်မာနိုင်ငံရှိ လူ့အခွင့်အရေးအခြေအနေသည် အောက်ဆုံးအဆင့်သို့ ရောက်ရှိနေပြီ ဖြစ်သည်။ ၂၀၂၁ ခုနှစ် စက်တင်ဘာလတွင် မြန်မာနိုင်ငံလူ့အခွင့်အရေးအခြေအနေဆိုင်ရာ အထူးကိုယ်စားလှယ် မစ္စတာတွမ် အင်ဒရူးစ်က “ခြုံငုံပြီး ပြောရမယ်ဆိုရင် စစ်အုပ်စုဟာ သူ့ရဲ့ တပ်ဖွဲ့တွေကို မြန်မာပြည်သူတွေအပေါ် ကျယ်ကျယ်ပြန့်ပြန့်နဲ့ စနစ်တကျတိုက်ခိုက်ဖို့ ညွှန်ကြားထားတာ ဖြစ်တယ်။ အဲဒါကြောင့် ဒီဖြစ်ရပ်ဟာ စစ်အုပ်စုအနေနဲ့ လူသားမျိုးနွယ်အပေါ် ဆန့်ကျင်တဲ့ ရာဇဝတ်မှုတွေကို ကျူးလွန်နေတယ်ဆိုတာ ထင်ရှားတဲ့ ဖြစ်ရပ်တစ်ခု ဖြစ်တယ်” ဟု ဖော်ပြခဲ့သည်။ ခရစ္စမတ် အကြိုနေ့တွင် ကရင်နီပြည်၌ ကလေးများနှင့် Save The Children အဖွဲ့မှ ဝန်ထမ်းနှစ်ဦး အပါအဝင် အနည်းဆုံး လူ ၄၂ ဦးကို အစုလိုက်အပြုံလိုက်သတ်ဖြတ်မှု ဖြစ်ပွားပြီးနောက်တွင် ကုလသမဂ္ဂလုံခြုံရေးကောင်စီက “၎င်းအပြုအမူအတွက် တာဝန်ယူမှု တာဝန်ခံမှု ရှိလာစေရေး သေချာစွာလုပ်ဆောင်ရန် လိုအပ်သည်” ဟု ဖော်ပြထားသည့် ထုတ်ပြန်ကြေညာချက် တစ်စောင်ကို ထုတ်ပြန်ခဲ့သည်။ UNHRC အနေဖြင့် မြန်မာနိုင်ငံအတွင်းရှိ ဆိုးရွားသော ရာဇဝတ်မှုများအတွက် တရားစွဲဆိုနိုင်ရန် ကုလသမဂ္ဂမှ တရားစီရင်ရေးတစ်ခု တည်ထောင်နိုင်ရေး ဖြစ်နိုင်သမျှ နည်းလမ်းများ ရှာဖွေပြီး ချက်ချင်းလုပ်ဆောင်ရမည်။ IIMM ၏ လုပ်ဆောင်ထားချက်များကို အသုံးပြုရမည်ဖြစ်ပြီး ကျူးလွန်သူများကို အရေးယူမှုများ လုပ်ဆောင်ခြင်းအားဖြင့် ပြစ်ဒဏ်ပေး အရေးယူခံရမှု ကင်းလွတ်ခွင့်ကို အဆုံးသတ်ရမည် ဖြစ်သည်။ ကုလသမဂ္ဂအနေဖြင့် မြန်မာနိုင်ငံအတွင်းရှိ ဆိုးရွားသော လူ့အခွင့်အရေးချိုးဖောက်မှုများကို ယခင်လုပ်နည်းအတိုင်း ချဥ်းကပ်တုံ့ပြန်ခြင်းမျိုး ဆက်မလုပ်ဘဲ လူ့အခွင့်အရေးကို ကာကွယ်မြှင့်တင်ပေးရမည့် ၎င်း၏တာဝန်ဝတ္တရားများကို ဝင်ရောက်လုပ်ဆောင်ရပါမည်။ ၂၀၁၇ ခုနှစ်တွင် ရိုဟင်ဂျာများအပေါ် လူမျိုးတုံးသတ်ဖြတ်မှုနှင့် တခြားတိုင်းရင်းသား ပြည်သူလူထု အသိုင်းအဝိုင်းများအပေါ် ဆယ်စုနှစ်များစွာ ရက်စက်ကြမ်းကြုတ်သော ရာဇ၀တ်မှုများကို ဤတစ်ခုတည်းသော စစ်တပ်က ကျူးလွန်ခဲ့ခြင်းဖြစ်ပြီး ၎င်းတို့သည် ယခုအခါ လူသားမျိုးနွယ်အပေါ်ဆန့်ကျင်သော ရာဇ၀တ်မှုများနှင့် စစ်ရာဇ၀တ်မှုများကို နိုင်ငံတစ်ဝှမ်းတွင် ကျူးလွန်နေကြောင်း ထပ်ခါတလဲလဲ ပြောနေရုံဖြင့် လုံလောက်နိုင်မည် မဟုတ်ပေ။ လက်ရှိအချိန်အထိ စစ်အုပ်စုသည် အနည်းဆုံး ကလေး ၁၀၀ ဦးအပါအဝင် လူဦးရေ ၁,၆၀၃ ဦးကို သတ်ဖြတ်ခဲ့ပြီးသည့်အပြင် မြေပြင်တိုက်ခိုက်မှုများနှင့် လေကြောင်းမှတစ်ဆင့် ကြောက်မက်ဖွယ် ပစ်မှတ်ထား တိုက်ခိုက်မှုများကြောင့် နောက်ထပ်သော ရာပေါင်းများစွာမှာလည်း ထပ်မံသေဆုံးကြရသည်။ ၂၀၂၁ ခုနှစ် ဖေဖော်ဝါရီလမှ ၂၀၂၂ ခုနှစ် ဇန္နဝါရီလအထိ လက်နက်ကိုင်တိုက်ခိုက်မှုနှင့် အရပ်သားများအပေါ် တိုက်ခိုက်မှု‌ စုစုပေါင်း ၉,၄၄၁ ကြိမ် ဖြစ်ပွားခဲ့ပြီး အရပ်သားပြည်သူများမှာ ၎င်းတို့၏ လုံခြုံရေးအတွက် ထွက်ပြေးတိမ်းရှောင်နေကြရကာ အိန္ဒိယနိုင်ငံ သို့မဟုတ် ထိုင်းနိုင်ငံ အတွင်းများသို့ ထွက်ပြေးတိမ်းရှောင်ရမှုများကို ဖြစ်ပေါ်စေသည်။ ၂၀၂၂ ခုနှစ် ဇန္နဝါရီလ ၃၁ ရက်နေ့အထိ မြန်မာနိုင်ငံတစ်ဝှမ်းတွင် ပြည်တွင်းနေရပ်စွန့်ခွာထွက်ပြေးတိမ်းရှောင်ရသူ ဦးရေ ၈၁၁,၉၀၀ ကျော်ရှိပြီဟု ခန့်မှန်းသိရှိ ရသည်။ နွေဦးတော်လှန်ရေးအား နှိမ်နှင်းရန် ပြင်းထန်သော ကြိုးပမ်းအားထုတ်မှုများတွင် စစ်အုပ်စုသည် လူပေါင်း ၁၂,၅၃၄ ဦးကိုဖမ်းဆီးခဲ့ပြီး ၉,၅၀၇ ဦးတို့မှာ ဆက်လက်ထိန်းသိမ်းခြင်း ခံရကာ ညှဉ်းပန်းနှိပ်စက်မှု၊ သေဆုံးမှု၊ ငတ်မွတ်မှု၊ ကျန်းမာရေးစောင့်ရှောက်မှုဆိုင်ရာ ငြင်းပယ်မှု၊ အစာရေစာဖြတ်တောက်မှုနှင့် လိင်ပိုင်းဆိုင်ရာနှင့် ကျား-မအခြေပြု အကြမ်းဖက်မှုများကို ဆက်လက်ခံစားနေကြရသည်။ ထိုရက်စက်ကြမ်းကြုတ်သည့် ကျူးလွန်မှုများအားလုံးကို လုပ်ဆောင်နေသော်လည်း အားကောင်းပြီး စည်းလုံးညီညွတ်သည့် ခုခံတော်လှန်ရေး လှုပ်ရှားမှုကြောင့် စစ်အုပ်စုသည် နိုင်ငံအပေါ်တွင် နိုင်ငံရေး၊ စီးပွားရေး သို့မဟုတ် နယ်မြေထိန်းချုပ်မှုကို မရနိုင်ဘဲ ဖြစ်နေသည်။ မြန်မာပြည်သူများသည် စစ်အာဏာရှင်စနစ် ချုပ်ငြိမ်းရေးနှင့် နိုင်ငံကို ဒီမိုကရေစီလမ်းကြောင်းပေါ် ပြန်လည်ရောက်ရှိရေးအတွက် လုပ်ဆောင်ရန် စိတ်ပိုင်းဖြတ်ထားကြသည်။ ထိုသို့လုပ်ဆောင်ရာတွင် နိုင်ငံတကာ အသိုင်းအဝိုင်းနှင့် အထူးသဖြင့် ကုလသမဂ္ဂ၏ ပံ့ပိုးကူညီမှုသည် အလွန်ပင်အရေးကြီးသည်။ သို့ရာတွင် ယခုအကျပ်အတည်းအတွင်း ဖြစ်ပွားခဲ့သည့် အရာအားလုံး ရှိနေသည့်တိုင် ကုလသမဂ္ဂအနေဖြင့် စစ်အုပ်စု၏ ရက်စက်ကြမ်းကြုတ်သော အကြမ်းဖက်လှုပ်ရှားမှုကို ရပ်တန့်ရန် အဓိပ္ပါယ်ရှိသော အရေးယူဆောင်ရွက်မှုများ လုပ်ဆောင်ရန် ဆက်လက်ပျက်ကွက်နေခဲ့သည်။ မြန်မာနိုင်ငံနှင့်ပတ်သက်လျှင် ကုလသမဂ္ဂ၏ ထိတွေ့ဆက်ဆံမှုများသည် စနစ်ကျသောပျက်ကွက်မှုများ နှင့် ပြည့်နှက်နေပြီး ရိုဟင်ဂျာများအပေါ် လူမျိုးတုံးသတ်ဖြတ်မှု ဖြစ်ပေါ်ရန် ဦးတည်နေချိန်နှင့် ဖြစ်နေသည့်ကာလတွင် ထင်ရှားစွာ မြင်တွေ့ရသော ဆယ်စုနှစ်ပေါင်းများစွာ ထိရောက်မှုမရှိသည့် အစဉ်အလာ ဆက်လက်ရှိနေမှုကို Rosenthal အစီရင်ခံစာတွင် အသေးစိတ်ဖော်ပြထားသည်။ အခြားသော ကောက်ချက်ချမှုများထဲတွင် တွေ့ရှိရသည့်အချက်တစ်ခုမှာ မြန်မာနိုင်ငံရှိ ကုလသမဂ္ဂအေဂျင်စီများသည် ၎င်းတို့၏ လုပ်ငန်းအစီအစဉ်များ ရှေ့ဆက်လုပ်ဆောင်နိုင်ရေး မျှော်လင့်ချက်ဖြင့် ရခိုင်ပြည်နယ်တွင် ကျူးလွန်ခဲ့သည့် လူမျိုးတုံးသတ်ဖြတ်မှုမြောက်သော ရက်စက်ကြမ်းကြုတ်မှု များအပေါ် နှုတ်ဆိတ်နေရန် ရွေးချယ်ခဲ့ခြင်းပင် ဖြစ်သည်။ Rosenthal အစီရင်ခံစာထဲတွင် ဖော်ပြထားသော ကိစ္စရပ်များနှင့် အကြံပြုတိုက်တွန်းချက်များကို ကုလသမဂ္ဂအနေဖြင့် ယနေ့တိုင်အောင် ကိုင်တွယ်ဖြေရှင်းသည့် ဆောင်ရွက်မှု မရှိသေးပေ။ သို့ဖြစ်၍ မြန်မာစစ်တပ်၏အတိတ်တွင် ကျူးလွန်ခဲ့သော ရာဇ၀တ်မှုများအပေါ် လျင်မြန်စွာ အရေးယူဆောင်ရွက်မှု လုပ်ဆောင်ရန် ကုလသမဂ္ဂ၏ ပျက်ကွက်ခဲ့မှုများက မြန်မာနိုင်ငံတွင် လက်ရှိဖြစ်ပွားနေသည့် အကျပ်အတည်း၏ အကြောင်းရင်း တစ်စိတ်တစ်ပိုင်း ဖြစ်သောကြောင့် အစီရင်ခံစာ၏ တွေ့ရှိချက်များကို ကိုင်တွယ်ဖြေရှင်းရန် လိုအပ်သော အရေးယူဆောင်ရွက်မှုများ လုပ်ဆောင်ရန် လိုအပ်ကြောင်းကို ဆက်လက်အစီရင်ခံတင်ပြသွားရန် အလွန်ပင် အရေးကြီးသည်။ ထိုမျှသာမက လက်ရှိအကျပ်အတည်း ဆက်လက်ဖြစ်ပွားနေခြင်းကြောင့် မြန်မာပြည်သူများအတွက် ကုလသမဂ္ဂတွင် ၎င်းတို့၏ တရားဝင်ကိုယ်စားလှယ် ထားရှိနိုင်ရန်မှာ အလွန်ပင်အရေးကြီးသည်။ ကုလသမဂ္ဂ အထွေထွေညီလာခံသည် မြန်မာနိုင်ငံ၏ ကိုယ်စားလှယ် စိစစ်လက်ခံရေး ဆုံးဖြတ်ချက်ကို ရွှေ့ဆိုင်းလိုက်ပြီး မြန်မာစစ်အုပ်စု၏ နေရာရယူရေး ကြိုးပမ်းမှုကို ပြတ်ပြတ်သားသား ပယ်ချကာ သံအမတ်ကြီး ဦးကျော်မိုးထွန်းကို မြန်မာနိုင်ငံ၏ ကုလသမဂ္ဂ ကိုယ်စားလှယ်အဖြစ် ဆက်လက်ထားရှိခဲ့သည်။ သံအမတ်ကြီးကို အမျိုးသားညီညွတ်ရေးအစိုးရ (National Unity Government – NUG) က ခန့်အပ်ထားခြင်းဖြစ်ပြီး ၎င်း၏ တရားဝင်ရပိုင်ခွင့်ဖြစ်သော UNHRC တွင် မြန်မာနိုင်ငံကို ကိုယ်စားပြုခွင့် ပေးရမည်ဖြစ်သည်။ UNHRC ၏ လက်ရှိ ၄၉ ကြိမ်မြောက် အစည်းအဝေးတွင် ဦးကျော်မိုးထွန်းမှ မြန်မာနိုင်ငံအား ကိုယ်စားပြုရေးကို ဖယ်ချန်ထားခြင်းမှာ လက်ခံနိုင်စရာမရှိဘဲ ယင်းမှာ မြန်မာပြည်သူများ၏ တရားဝင်ကိုယ်စားလှယ်ကို ငြင်းပယ်လိုက်ရာရောက်သည်။ ဖက်ဒရယ်ဒီမိုကရေစီအတွက် မြန်မာပြည်သူများ၏ သဘောထားဆန္ဒ၊ တရားမျှတမှုနှင့် တာဝန်ယူမှု တာဝန်ခံမှု ရှိလာစေရေးလုပ်ဆောင်ရန် နှင့် မြန်မာစစ်တပ်၏ ပြစ်ဒဏ်ပေးအရေးယူခံရမှု ကင်းလွတ်နေခြင်းကို အဆုံးသတ်ရန် တို့အတွက် ကုလသမဂ္ဂမှ အပြည့်အဝ ပံ့ပိုးကူညီ‌ရမည်။ သို့ဖြစ်ရာ မိမိတို့သည် လူ့အခွင့်အရေးကောင်စီအား အောက်ပါအချက်များကို တောင်းဆိုလိုက်သည်။ မြန်မာနိုင်ငံရှိ ရက်စက်ကြမ်းကြုတ်သည့် ရာဇဝတ်မှုများအတွက် ကုလသမဂ္ဂမှ လုပ်ပိုင်ခွင့်အာဏာ အပ်နှင်းထားသော တရားစီရင်ရေးကို တည်ထောင်ခြင်းမှတစ်ဆင့် မြန်မာနိုင်ငံအတွက် တာဝန်ယူမှု တာဝန်ခံမှု ဖော်ဆောင်နိုင်ရန် ဖြစ်နိုင်ခြေရှိသော လမ်းကြောင်းများအားလုံးကို ရှာဖွေရန်၊ မြန်မာနိုင်ငံ၏ အခြေအနေကို ICC သို့ လွှဲပြောင်းနိုင်ရန်အတွက် ကုလသမဂ္ဂလုံခြုံရေးကောင်စီမှ ဆုံးဖြတ်ချက်တစ်ခု ချမှတ်ရေး အကြံပြုတိုက်တွန်းရန်၊ ၂၀၀၂ ခုနှစ် ဇူလိုင်လ ၁ ရက်နေ့မှစတင်၍ မြန်မာနိုင်ငံပိုင်နက်အတွင်း ကျူးလွန်ခဲ့သော နိုင်ငံတကာ ရာဇ၀တ်မှုများနှင့်စပ်လျဉ်း၍ ICC တရားရုံး၏ တရားစီရင်ပိုင်ခွင့်အာဏာကို လက်ခံခြင်းအားဖြင့် ရောမသဘောတူစာချုပ် အပိုဒ် ၁၂(၃) အရ မြန်မာအစိုးရဖြစ်သော NUG မှ တင်သွင်းသည့် ကြေညာစာတမ်းကို လက်ခံရေး ICC အား တောင်းဆိုရန်၊ ကုလသမဂ္ဂအထွေထွေညီလာခံမှ ဆက်လက်အတည်ပြုထားသော NUG မှ ခန့်အပ်ထားသည့် သံအမတ်ကြီး ဦးကျော်မိုးထွန်းကို လူ့အခွင့်အရေးကောင်စီတွင် မြန်မာနိုင်ငံကို ကိုယ်စားပြုနိုင်ရန်အတွက် ပံ့ပိုးပေးရန်။..."
Source/publisher: 116 Myanmar Civil Society Organizations
2022-03-07
Date of entry/update: 2022-03-07
Grouping: Individual Documents
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Description: "Myanmar: UN expert urges Security Council resolution to stop weapons fueling spike in military attacks on civilians New report reveals weapons transfers to military junta by UN Member States GENEVA (22 February 2022) – The UN Special Rapporteur on the situation of Human Rights in Myanmar, Tom Andrews, issued a report to the UN Human Rights Council today that identifies States, including two permanent members of the Security Council, who have supplied weapons used against civilians since Myanmar’s military coup. The independent expert appealed to weapons exporting nations to immediately suspend their weapons sales and urged the convening of an emergency Security Council session to debate and vote on a resolution to, at minimum, ban those arms transfers that the Myanmar military are known to use to attack and kill Myanmar civilians. “It should be incontrovertible that weapons used to kill civilians should no longer be transferred to Myanmar. These transfers truly shock the conscience,” Andrews said. “Stopping the junta’s atrocity crimes begins with blocking their access to weapons. The more the world delays, the more innocent people, including children, will die in Myanmar.” The Special Rapporteur identified China, Russia and Serbia as Member States who have, since the coup, been supplying the junta with weapons of the sort that are being used to attack civilians. “The people of Myanmar are imploring the UN to act,” he said. “They deserve an up-or-down vote on a Security Council resolution that will stop the sale of weapons being used to kill them. Too many families are finding themselves in the cross-hairs of weapons of war that Member States are supplying. This must end.” The report, titled Enabling Atrocities: UN Member States’ Arms Transfers to the Myanmar Military, also names States who have authorized the transfer of weapons since 2018 when Myanmar military atrocity crimes against the Rohingya ethnic minority were widely documented and a UN Fact Finding Mission called for an immediate arms embargo. It includes the types and, where known, the amounts of weapons that have been transferred to the Myanmar military. “Despite the evidence of the military junta’s atrocity crimes being committed with impunity since launching a coup last year, UN Security Council members Russia and China continue to provide the Myanmar military junta with numerous fighter jets, armored vehicles, and in the case of Russia, the promise of further arms. During this same period, Serbia has authorized rockets and artillery for export to the Myanmar military. Last June the General Assembly adopted a resolution calling for Member States to prevent the flow of arms into Myanmar. “This was welcomed by the people of Myanmar, civil society organizations, and international human rights advocacy groups,” Andrews said. “The failure of the resolution to have any discernable impact on the crisis and the capacity of the junta to launch attacks on civilians, however, has led to anger and despair. “It is imperative that Member States and the Security Council act urgently to stop weapons sales to the military junta. Human lives, and Security Council credibility, are on the line. “While not a single member of the Security Council voted against the General Assembly resolution, the Security Council has not considered, let alone voted, on a resolution that could make the resolution binding on Member States. “I appeal to Member States of the UN Security Council who are appalled by the killing of Myanmar civilians to put forward a resolution to stop it. Transparency matters. The Security Council should consider, at the very least, a resolution to ban weapons that are being used by the Myanmar military to kill innocent people.” The report also calls for coordinated action by Member States to cut the junta’s access to revenue, just as the people of Myanmar are doing through widespread boycotts on goods linked to the military. “Without legitimacy and against broad opposition among the people of Myanmar, the military junta operates as if it is a hostile military power. Military force is therefore its only means of attempting to exert control,” Andrews said. “While perceived by junta leaders as a strength, this large military is also a vulnerability as it requires significant resources to equip and sustain. If the revenues necessary to maintain such a military are reduced, the junta’s capacity to assault and terrorize the people of Myanmar will diminish.” ENDS Mr. Thomas Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar. A former member of the US Congress from Maine, Andrews is a Robina Senior Human Rights Fellow at Yale Law School and an Associate of Harvard University’s Asia Center. He has worked with the National Democratic Institute for International Affairs and parliamentarians, NGOs and political parties in Cambodia, Indonesia, Algeria, Croatia, Serbia, Ukraine and Yemen. He has been a consultant for the National Coalition Government of the Union of Burma and the Euro-Burma Network and has run advocacy NGOs including Win Without War and United to End Genocide. The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: UN Human Rights Council via "Reliefweb" (New York)
2022-02-22
Date of entry/update: 2022-02-22
Grouping: Individual Documents
Language:
Format : pdf pdf
Size: 1.54 MB (Original version), 1.18 MB (Reduce version) - 39 pages
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Description: "Message from the Head of the Mechanism In September, I presented the Mechanism’s annual report to the Human Rights Council. The report was transmitted to the General Assembly later that month. My statement to the Council described the progress that the Mechanism has made over the past year in fulfilling our ongoing mandate to collect and analyse evidence regarding the most serious international crimes and violations of international law committed in Myanmar since 2011. Tragically, serious crimes and violations of international law continue to be committed in Myanmar. The nation’s long history of impunity continues to impact the lives of its people. Men, women and children from diverse regions and ethnic groups are suffering. Four years since the military’s 2017 clearance operations in Rakhine state, hundreds of thousands of Rohingya continue to live in temporary shelters in Bangladesh, their lives on hold and many hoping to return to homes which have been burned and bulldozed. Since the military seizure of power in February this year, thousands more people have fled their homes in various regions, devastating the economy of Myanmar and straining the resources of neighbouring states. More than ever, there is a need to end impunity and break this cycle of violence. The Mechanism continues to closely monitor events in Myanmar since the coup. We have received reports and collected information on the use of unjustified force against peaceful protestors, arbitrary arrests, torture, enforced disappearances and killings. Our initial analysis of the available information indicates that crimes committed in the aftermath of the coup are both widespread and systematic in nature. Under international law, crimes such as killings and arbitrary detentions committed as part of a widespread or systematic attack on a civilian population are crimes against humanity and thus fall within our mandate. We are working to verify and analyse the available evidence concerning these events, and to identify individuals who bear criminal responsibility for these crimes. Going forward, we expect that the progressive relaxation of travel restrictions will enable the resumption of essential activities that were suspended during the pandemic. This includes the in-person collection and verification of information and evidence, as well as high-level missions to facilitate the negotiation of cooperation arrangements and advance the Mechanism’s outreach efforts. The resumption of in-person dialogue with key Member States will be a critical priority for the Mechanism during the upcoming period. I wish to express my sincere gratitude to all those who have helped with the Mechanism’s efforts to collect and verify evidence, including victim and survivor groups, civil society organizations, businesses and many brave individuals. We will continue to do all we can to collect evidence of the most serious international crimes so that one day, there will be justice for victims from Myanmar and all will know that impunity for such crimes will no longer be tolerated..."
Source/publisher: UN Human Rights Council via "Reliefweb" (New York)
2021-10-29
Date of entry/update: 2021-11-02
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Description: "Summary: Press briefing by Christine Schraner Burgener, Secretary-General's Special Envoy on Myanmar, on the situation in Myanmar..... Categories: Media / Press Conferences Production Date: 21 Oct 2021 Video Length 00:35:48 Asset Language: English Subject Topical: CONFLICT CORONAVIRUS DISEASE - COVID 19 COUPS D'ETAT GENDER-BASED VIOLENCE HUMANITARIAN CRISIS INTERNALLY DISPLACED PERSONS TORTURE AND OTHER CRUEL TREATMENT Speaker Name: BURGENER, CHRISTINE SCHRANER Speaker Role: Special Envoy Speaker Geographic: MYANMAR Subject Geographic: MYANMAR Corporate Name: ASSOCIATION OF SOUTHEAST ASIAN NATIONS - ASEAN SECURITY COUNCIL..."
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Source/publisher: UN Web TV
2021-10-21
Date of entry/update: 2021-10-23
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Description: "Myanmar welcomes the report2 of the United Nations (UN) Special Rapporteur on the situation of human rights in Myanmar, Mr. Thomas Andrews, to the UN General Assembly. Myanmar also extends its gratitude to the Special Rapporteur for his tireless commitment to its people. In his oral presentation to the General Assembly on 22 October 2021,3 the Special Rapporteur spoke of the illegal military junta' s "gross and unrelenting violations of human rights", its "probable crimes against humanity and war crimes", and its " ferocious indiscriminate attacks against entire villages". Tragically, these atrocities were already well known to the international community, and indeed to the General Assembly. The Special Rapporteur’s report, complementing his earlier reports to the UN Human Rights Council, catalogues junta crimes that include murder, torture, sexual violence, arbitrary detention, attacks against healthcare workers, the arrest of human rights defenders and journalists, the dismantling of due process protections, the indiscriminate bombing and shelling of towns and villages, the use of human shields, sieges and mass arson, the destruction and looting of homes, schools and places of worship, the blocking of arterial roads, and the cutting off of civilian access to food, water and medicine. Collectively, these crimes comprise a perfect storm of widespread and systematic violations, with not even children spared. The Special Rapporteur also reports on the continued human rights violations against the Rohingya, whose existence the junta continues to deny and who have been kept 'disenfranchised through their unresolved legal status, institutional discrimination, human rights abuses, restrictions on their movement and limited access to livelihoods and essential services.'4 The answer to a simple question posed by the Special Rapporteur continues to compound these atrocities. Do UN Member States care enough to take the necessary action to make a difference? To date, the people of Myanmar have been delivered a resounding "no" . Myanmar has arrived at a watershed moment. The military junta is amassing troops in country' s north and northwest, including Chin State and Sagaing Region, in preparation for an escalation o f the slaughter. To the Special Rapporteur, "we are very likely on the eve of yet another catastrophe" , with the junta' s tactics "ominously reminiscent of those employed by the military before its genocidal attacks against the Rohingya in Rakhine State in 2016 and 2017." This campaign could see atrocities on an unprecedented scale in modern Myanmar. As the Special Rapporteur has warned, "we should all be prepared, as the people in this part of Myanmar are prepared, for even more mass atrocity crimes." A determined, unflinching international response is required to prevent them. Myanmar strongly supports the Special Rapporteur' s call on UN Member States to target the junta's " three needs" - weapons, money, and legitimacy - and adds to it a fourth: impunity. Impunity is fuelling the military’s atrocities and it must be cut. Accordingly, Myanmar in turn makes the following calls: (a) International community • Partner with the National Unity Government (NUG), Ethnic Armed Organisations, Myanmar civil society, international humanitarian organisations and States of the region to support the urgent delivery of humanitarian assistance to conflict-affected regions and other locations of acute need in Myanmar. Use should be made of land corridors, air and sea, and neighbouring countries. (b) Security Council • Convene an urgent Plenary Meeting on the humanitarian and political situation in Myanmar. This should culminate in a resolution that stops the Hows of arms and funds to the military junta and that cuts impunity. (c) General Assembly • Adopt a follow-up to resolution 75/287, in consultation with the NUG and Myanmar civil society. This resolution should include a specific address of the human rights and humanitarian situations, prioritise the delivery of humanitarian assistance, demand the restoration of democracy and the release of political prisoners, and give full support to accountability efforts. • Formally recognise the NUG as the legitimate representative of the Republic of the Union of Myanmar to the United Nations. (d) United Nations • The UN Secretary-General must, as a priority, formally confirm the new UN Special Envoy on Myanmar and appoint a new UN Resident Coordinator, in consultation with the NUG and Myanmar civil society. • UN agencies, funds and programmes should strengthen their partnership with the NUG and Myanmar civil society in the delivery of humanitarian assistance, while avoiding any actions that could legitimise the illegal military junta. The UN Country Team should work to a common, updated Human Rights Strategy consistent with the UN Secretary-Gcneral 's Call to Action fo r Human Rights, while taking concrete actions to implement the recommendations set out in the Rosenthal Report:.."
Source/publisher: Ministry of Human Rights
2021-10-23
Date of entry/update: 2021-10-23
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Sub-title: Item 4: Interactive Dialogue with the Special Rapporteur on the situation of human rights in Myanmar
Description: "Madam President, Mister Special Rapporteur, FIDH and its member organizations ALTSEAN-Burma and Women Peace Network welcome this oral progress report. We are troubled by ongoing reports of extrajudicial killings, arbitrary detentions, enforced disappearances, sexual violence, torture, and prosecutions of human rights defenders, National League for Democracy members, and junta critics and opponents. It is even more troubling that women and children have continued to be deliberately targeted by the junta’s security forces. Last week’s release of more than 2,000 prisoners charged under Article 505(a) of the Penal Code is welcome, but they shouldn’t have been detained in the first place. This cynical tactic to avoid criticism ahead of high-profile international meetings like this one does not negate the fact that scores of people have been charged with the capital offence of treason and 65 have been already sentenced to death. Several thousands more political prisoners remain behind bars and must be immediately released. We welcome the National Unity Government’s public commitment to uphold human rights and establish accountability for abuses, including those committed against Rohingya and other ethnic groups. In light of this, we urge the NUG (National Unity Government) to review the recommendations made by UN member states during the Universal Periodic Review of Myanmar in January 2021 and to submit its response to these recommendations ahead of the next Human Rights Council’s session. Thank you..."
Source/publisher: International Federation for Human Rights
2021-07-07
Date of entry/update: 2021-07-11
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Sub-title: Oral Statement to the 47th Session of the UN Human Rights Council from Lawyers’ Rights Watch Canada (LRWC) and The Law Society, NGOs in Special Consultative Status
Description: "Mme President; Lawyers’ Rights Watch Canada and the Law Society of England and Wales thank the High Commissioner for her update. We deplore the junta’s continuing assault on the rule of law. The junta has extrajudicially killed hundreds of civilians[1] and arbitrarily detained more than 5,000,[2] including numerous lawyers,[3] journalists,[4] defenders, peaceful protestors, politicians, dissidents, and even children. An additional five lawyers have been arrested since May 24th, 2021. The junta routinely denies detained persons access to lawyers and fair trials. There are regular reports of torture of those in custody. While the junta has announced the release of approximately 2,300 prisoners,[5] the junta’s relentless attacks on fundamental rights continue to demand urgent global action. We urge all Council members and observer States, including China, Russia, and ASEAN States, to take immediate action: To call for immediate and unconditional release of all arbitrarily detained persons, including lawyers and defenders; To support the work of the High Commissioner and Special Procedures towards the implementation of human rights and the rule of law in Myanmar; and To urge the UN Security Council to apply a global arms embargo and other measures to prevent the junta from continuing its grave, systematic, and widespread violations of international human rights and humanitarian law. Thank you..."
Source/publisher: Lawyers' Rights Watch Canada and Law Society of England and Wales
2021-07-07
Date of entry/update: 2021-07-08
Grouping: Individual Documents
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Description: "The UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews, today called for the urgent formation of an “Emergency Coalition for the People of Myanmar“ to stop what he described as the military junta’s “reign of terror” in the country. Addressing the Human Rights Council in Geneva, Andrews said it was time to the end “the failure of those outside of Myanmar to take measures that could help end this nightmare”. “The international community is failing the people of Myanmar,” he said. Andrews highlighted the extreme human rights abuses committed by the junta, which he described as crimes against humanity. “The junta’s military forces have murdered approximately 900 people, forcibly displaced hundreds of thousands, tortured many, including torturing people in custody to death, disappeared untold numbers, and arbitrarily detained nearly 6,000.” Despite its brutality, Andrews stressed that the junta has failed to take control of the country after launching its February coup. “The junta captured many levers of State power, the purse strings of Myanmar’s Treasury and the administrative offices, but it has not - not even close - taken control of the nation and its people,” he said. “The people of Myanmar roundly view the junta as illegitimate and, indeed, a terrorist scourge set loose upon them. “Now, more than ever, we must summon the courage of the people of Myanmar and choose the path of meaningful and sustained action.” Andrews’ call for an Emergency Coalition for the People of Myanmar would include “nations willing to stand with the people of Myanmar through meaningful, coordinated action”. He added: “It could reduce the junta’s ability to attack its citizens, save the lives of those in acute crisis, and gain political leverage so that the crisis in Myanmar might come to a just and permanent conclusion.” The UN expert said that a coalition of nations that are willing work together on strong action to pressure the junta was necessary in light of the paralysis that has followed the consensus decision making that has plagued the international response to date. “The UN Security Council, Human Rights Council and General Assembly have offered statements and resolutions but the people of Myanmar need immediate action,” he told the Council in Geneva on Wednesday. Andrews cited five key actions the Emergency Coalition should take: Significantly reduce the revenue that the junta needs to continue its reign of terror by coordinated tough targeted sanctions, including against Myanmar Oil & Gas Enterprise; Outlaw the export of arms to the Myanmar military, as called for in last month’s General Assembly resolution; Pursue universal jurisdiction cases and coordinate investigations against Myanmar’s senior security officials; Dramatically increase humanitarian aid by working with the National Unity Government to utilize non-junta channels to assure that aid goes directly to the people of Myanmar; and Work together to deny any claims of legitimacy that the junta may try to assert, such as the false claim that they are recognized by the United Nations. “Future generations may look back upon this moment and ask: ‘Did the people and nations of the world do all that they reasonably could to help the people of Myanmar in their hour of great peril and need?’ “I’m afraid that the honest answer to that question, at this point, is no. “There is still time to set a new course and achieve a just outcome for the desperate people of Myanmar,” Andrews said. “But time is short and the stakes could not be higher.” ENDS Mr. Thomas Andrews (United States of America) is the Special Rapporteur on the situation of human rights in Myanmar. A former member of the US Congress from Maine, Andrews is a Robina Senior Human Rights Fellow at Yale Law School and an Associate of Harvard University’s Asia Center. He has worked with the National Democratic Institute for International Affairs and parliamentarians, NGOs and political parties in Cambodia, Indonesia, Algeria, Croatia, Serbia, Ukraine and Yemen. He has been a consultant for the National Coalition Government of the Union of Burma and the Euro-Burma Network and has run advocacy NGOs including Win Without War and United to End Genocide. The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Comprising the largest body of independent experts in the UN Human Rights system, Special Procedures is the general name of the Council's independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: Office of the United Nations High Commissioner for Human Rights
2021-07-08
Date of entry/update: 2021-07-08
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Sub-title: What began as a coup by the Myanmar military has ‘rapidly morphed’ into an all-out attack against the civilian population that has become increasingly widespread and systematic, the UN High Commissioner for Human Rights warned on Tuesday.
Description: "Speaking at the 47th session of the Human Rights Council, Michelle Bachelet reiterated that the situation in the country has evolved from a political crisis in early February to a “multi-dimensional human rights catastrophe”, repeating a formulation she first used a month ago. Since the coup, nearly 900 people have been killed while around 200,000 people have been forced to flee their homes because of violent military raids on neighbourhoods and villages.....Downward spiral: “Suffering and violence throughout the country are devastating prospects for sustainable development and raise the possibility of State failure or a broader civil war”, she cautioned. Ms. Bachelet explained that the catastrophic developments since February have had a severe and wide-ranging impact on human rights, peace and security, and sustainable development. “They are generating clear potential for massive insecurity, with fallout for the wider region”. The UN High Commissioner urged the international community to stand united in pressuring the military to halt its continuing attacks on the people of Myanmar and return the country to democracy, reflecting the ‘clear will of the people’.....The UN must act: She said the UN system must not fail the country a second time”, she added, citing the 2019 review of UN action in the country, by Gert Rosenthal. She also advised swift action to restore a working democracy before the human rights situation in the country deteriorates further. “This should be reinforced by Security Council action. I urge all States to act immediately to give effect to the General Assembly's call to prevent the flow of arms into Myanmar”, Ms. Bachelet said.....Hunger, violence and poverty: Ms. Bachelet said COVID had had a ‘disastrous’ impact on an economy that relied on remittances, the garment industry and other sectors which have been devastated by the resultant global recession. UN Agencies estimate that over 6 million people are severely in need of food aid and forecast that nearly half the population could fall into poverty by early 2022. “A void has been opened for the most harmful – and criminal – forms of illicit economy to flourish”, she underscored. Meanwhile, a countrywide general strike, combined with the widespread dismissal of civil servants – including educators and medical personnel – has cut off many essential services in the country. Since 1 February, at least 240 attacks on health-care facilities, medical personnel, ambulances and patients have disabled COVID-19 testing, treatment and vaccination.....Intense violence and repression: She denounced indiscriminate airstrikes, shelling, civilian killings and mass displacement. Civil voices are also being silenced: over 90 journalists have been arrested and eight major media outlets shuttered. “We have also received multiple reports of enforced disappearances; brutal torture and deaths in custody; and the arrest of relatives or children in lieu of the person being sought”, she said.....New equation: Despite the repression, the UN High Commissioner indicated that the military leadership has not successfully secured control of Myanmar, nor won the international recognition it seeks. “On the contrary, its brutal tactics have triggered a national uprising that has changed the political equation”, she said. She added that people across the country continue peaceful protests despite the massive use of lethal force, including heavy weaponry, and a ‘civil disobedience movement has brought many military-controlled government structures to a standstill’. Some people, in many parts of Myanmar, have taken up arms and formed self-protection groups. These newly formed groups have launched attacks in several locations, to which the security forces have responded with disproportionate force, she noted.....Consequences: “I am concerned that this escalation in violence could have horrific consequences for civilians. All armed actors must respect and protect human rights and ensure that civilians and civilian structures such as health centres and schools are protected”. “Any future democratic government in Myanmar must have the authority to exercise effective civilian control over the military. The international community should build upon the range of international accountability mechanisms already engaged, until transitional justice measures also become genuinely possible at the national level”, the High Commissioner concluded..."
Source/publisher: UN News
2021-07-06
Date of entry/update: 2021-07-06
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Description: "Message from the Head of the Mechanism: Since we issued our previous Bulletin in March 2021, the ongoing, open-ended nature of our mandate has never been more relevant. Following events that unfolded in Myanmar after the military seized power in February 2021, we said that we would closely follow the situation in the country and that if there are indications that serious international crimes or violations of international law are being committed, we would fulfill our mandate to collect evidence and build criminal case files to hold perpetrators to account. Unfortunately, since that statement, much violence has taken place throughout Myanmar. The violence motivated individuals and organisations to send to the Mechanism over 210,000 communications, most containing information about the use of force against protestors or arbitrary arrests. The Mechanism has been preserving and organising this information, monitoring public reports, contacting individuals and entities, and consulting with specialised experts to assist in the analysis of the information that we have collected about the post-coup violence. While the preliminary information that we have collected to date requires further verification and analysis, we are of the preliminary view that the events since 1 February fall within the Mechanism’s mandate to collect evidence of serious international crimes and violations of international law. The preliminary information indicates that Myanmar security forces have carried out a widespread and systematic attack on the civilian population since seizing power on 1 February 2021. The Mechanism is actively working to verify and substantiate the information so far received. Once substantiated and complemented by further evidence of the actions and intent of culpable individuals, the evidence can be used to build files to hold responsible persons to account for crimes against humanity. In accordance with our mandate, the Mechanism will continue to collect evidence which can be used in courts or tribunals to prove the criminal responsibility of individual perpetrators, to the high standards of proof necessary for conviction in criminal cases. The events of the past few months remind us of the risks of the continuing cycle of impunity in Myanmar. Those responsible for crimes against the people of Myanmar must be held to account, regardless of whether the victims are Bamar, Rohingya or from any other ethnicity. The Mechanism is committed to playing our role to facilitate justice and accountability for these crimes, and hope that our work can help to prevent further atrocities. We will continue to reach out to Member States, including Myanmar and its neighbours, to cooperate with us so that we may access witnesses, victims and other sources of information, without fear of reprisal, intimidation or attack..."
Source/publisher: United Nations Human Rights Council via "Reliefweb" (New York)
2021-07-01
Date of entry/update: 2021-07-04
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Description: "I am writing to you again to apprise you o f the current deteriorating situation in Myanmar. More than 144 days after the unlawful coup, there is no sign o f easing the brutal crackdown and the violence committed by the military against its own people. As o f 20 June 2021, according to the Assistance Association for Political Prisoners (AAPP), a total o f 6.219 people has been arrested whereas 5,033 people are still under detention, 1,950 people been issued with warrants and 871 people ruthlessly murdered by the military since 1 February 2021. I wish to reiterate that the brutality, inhumane acts, arbitrary arrests, and tortures committed by the military are clearly amounting to serious human rights violations and crimes against humanity. A six-day-old baby has reportedly died o f cold due to lack o f shelter, blankets, and medical supplies at a camp for displaced people in Pekhon in Shan State. The people o f Myanmar are facing humanitarian crisis and the State Administration Council (SAC) continues ignoring the calls from the international community to ease the violence and committing further atrocities. Those displaced in the remote areas are also short o f shelters, medicine and drinking water. On 11 June 2021, it is reported that soldiers set fire to food rations, medical supplies, an ambulance and a vehicle in Lwal Yin village where people have fied. Taking this opportunity. I wish to again draw your kind attention to this continued disturbing situation in Myanmar, particularly in Demoso and Loikaw o f Kayah State. Because o f the irrational tortures and inhumane treatments o f the military, the Karenni People’s Defense Force (PDF) in Kayah Slate has been triggering the armed resistance with homemade guns. Since then, the military has been responding with heavy artillery and airstrikes onto the residential areas, which has led to the displacement o f around 1 million o f local people. This is evidently a systematic brutal attack against civilians using weapons o f war in order to hold onto power and control. The situation in my country has not gotten better and regretfully even getting worse. The situation in Myanmar can only be addressed through multilateral efforts, and to stop killing o f innocent civilians, the urgent and decisive action from the international community is more than critical ever. Allow me to underline the facts mentioned in the General Assembly Resolution "The situation in Myanmar" adopted on 18 June 2021 at the Seventy-fift h session o f the United Nations General Assembly. The resolution clearly urged to respect the will o f the people and to allow the sustained democratic transition o f Myanmar, to immediately release all detainees including President U Win Myint and State Counsellor Daw Aung San Suu Kyi and to stop all violence. And it also calls upon the member states to prevent the flow o f arms into Myanmar and calls for unhindered humanitarian access. The United Nations and the international community must minutely monitor the implementation o f the adopted resolution by all member states to ensure the restoration o f democracy in Myanmar. On my personal note, I hereby, wish to appeal again the international community and the United Nations, by pursuing the principle o f responsibility to protect, to take a decisive action against the military without further delay. As usual. I enclose herewith the weekly information update on current situation in Myanmar o f 18 June and the legal perspective information sheet issued on 20 June for your kind attention. Please accept, Excellency, the assurances o f my highest consideration..."
Source/publisher: Permanent Mission of Myanmar to the United Nations
2021-06-25
Date of entry/update: 2021-06-26
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Description: "As powerful actors in the current fragile and deteriorating context in Myanmar, businesses must uphold their human rights responsibilities and put pressure on the military junta to halt grave human rights violations, UN experts* said today. The coup of 1 February has placed businesses with operations or business relations in Myanmar in a challenging situation. While some businesses have reiterated their public support for the rule of law and human rights, and cut ties with the junta, many continue to engage in business with the military as if nothing has happened, they said. As the military junta is intensifying its campaign of repression against its own people in Myanmar, the experts urged companies to act in line with the Guiding Principles on Business and Human Rights to avoid contributing to human rights violations, or becoming complicit in crimes if they continue to operate in Myanmar. “Because the risk of gross human rights violations has greatly increased in Myanmar, action by States and human rights due diligence by business, and investors, should be rapidly and proportionately heightened,” said Surya Deva, Vice-Chair of the Working Group on Business and Human Rights. “Businesses, both individually and collectively, should exert the maximum leverage on the military in Myanmar to halt what the High Commissioner for Human Rights has said may amount to crimes against humanity,” added the UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews. Information suggests that the military’s economic interests, including access to arms and technology, remain largely untouched and unchallenged by other States, and businesses operating in the country. “The revenues that the military earns from domestic and foreign businesses substantially enhances its ability and capacity to carry out these grave violations,” Andrews said. The UN experts noted that measures taken by businesses, such as suspension of payments and financial flows that may aid the perpetration of widespread and systematic human rights violations, should target the military and have the minimum possible negative impact on the rights of employees and the general population. In 2019, the Independent International Fact Finding Mission on Myanmar concluded that no business should enter into an economic or financial relationship with the security forces of Myanmar, in particular the military, or any enterprise owned or controlled by them or their individual members, until and unless they are restructured and transformed. The experts also endorsed the Human Rights Council’s call for home States of businesses investing in, or with supply chains in Myanmar to take appropriate measures so that those businesses actively conduct heightened human rights due diligence and ensure their activities do not cause or contribute to any human rights violations. They added that States should also urge international financial and development institutions to exercise heightened due diligence and cut ties with the military. “There may come a point at which businesses might need to suspend operations or even consider exit from the country if risks of involvement in human rights abuse cannot be reasonably managed, while doing so in a manner to safeguard the well-being of workers and affected communities,” Deva said. Businesses which continue to operate in Myanmar should take all possible measures to protect their employees, support the exercise of all human rights by the people of Myanmar, including the right to peaceful protests, and speak up to preserve civic space and the independence of the media. All States, including leaders of the Association of Southeast Asian Nations and G20 countries, should take strong, decisive and coordinated action, and encourage their businesses operating in Myanmar to prevent further human rights violations, the experts added. The Working Group has addressed the topic of heightened action and human rights due diligence in its recent report to the General Assembly: Business and Human Rights in Conflict-Affected Regions: Towards heightened Action..."
Source/publisher: Office of the United Nations High Commissioner for Human Rights (Geneva)
2021-05-12
Date of entry/update: 2021-05-13
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Sub-title: One hundred days since the Myanmar military seized power, the "brutal" repression of protesters has continued, despite all international efforts to end the violence, the UN rights office (OHCHR) said on Tuesday.
Description: "“The military authorities are showing no sign of letting up in their brutal crackdown on opponents in a bid to consolidate their hold on power”, spokesperson Rupert Colville told journalists at a media briefing. According to credible reports, as of 10 May, at least 782 people have been killed as security forces used unnecessary, disproportionate and lethal force, to suppress demonstrations and other forms of public participation, since the military coup on 1 February. “While much of the world’s attention has been on the number of peaceful protesters and bystanders killed by the security forces, the authorities continue to commit other gross human rights violations against the people of Myanmar”, added Mr. Colville. The OHCHR spokesperson called for greater international involvement to prevent the human rights situation there from deteriorating further. In particular, he urged the Association of Southeast Asian Nations (ASEAN) to “react quickly and to intensify its actions” to ensure Myanmar’s military leadership adheres to the commitments it made in the five-point plan agreed at the regional bloc’s meeting of leaders on 24 April, in Jakarta. The five-point consensus agreed to an immediate cessation of violence in Myanmar and that dialogue should be held among all parties to seek a peaceful solution in the interests of the people.....‘Daily raids’ on homes and offices: Mr. Colville went on to note that there are daily raids on private homes and offices, with more than 3,740 people currently in detention, including many in situations that may amount to enforced disappearances. “Of those in custody, the vast majority have not been brought before a judge, while most of the 86 people prosecuted thus far have been tried in secret, with limited or no access to any form of legal counsel”, he said. “Military tribunals and courts martial have been established in several townships in which martial law was declared. At least 25 individuals have received the death sentence to date – some 20 of whom were tried in absentia.”.....Military ‘taking relatives’: Over the past month, the military leadership has issued more than 1,561 arrest warrants against civil society activists, trade unionists, journalists, academics, public personalities and online voices, driving the vast majority of them underground. “To intensify pressure, the military authorities have resorted to taking relatives of wanted people into custody to force them to turn themselves in to the police”, Mr. Colville said, adding that there is also increasing pressure on civil servants to go back to work. In recent weeks, more than 3,000 civil servants – nearly 70 per cent women – have been dismissed, removed, or suspended by the coup leadership. Those suspended also include 990 university professors, researchers and assistants. In addition, there are reports that up to 11,000 more workers in the education sector were suspended on Monday.....‘Deeply concerned’ for those fleeing persecution: The OHCHR spokesperson also voiced “deep concerns” for the people fleeing persecution, especially human rights defenders and journalists. According to the UN refugee agency (UNHCR), several hundred people from Myanmar have crossed into Thailand and India in recent weeks. The people seeking safety outside Myanmar must receive such protection and support from Myanmar’s neighbours, Mr. Colville urged, adding that while it can take time to decide whether an individual fleeing the country is a refugee or not, “at the very least they should be treated as an asylum seeker and not forced to go back”. “This is particularly important for people with jobs as sensitive as journalists and those active in the civil disobedience movement, opposing the Tatmadaw (Myanmar’s military).”..."
Source/publisher: UN News
2021-0511
Date of entry/update: 2021-05-11
Grouping: Individual Documents
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Sub-title: Spokesperson for the UN High Commissioner for Human Rights: Rupert Colville
Description: "More than 100 days after the coup in Myanmar, the military authorities are showing no sign of letting up in their brutal crackdown on opponents in a bid to consolidate their hold on power. At the same time, there is no weakening of the resolve of the civil disobedience movement and other facets of opposition to the coup leaders. As of 10 May, credible sources indicate that the security forces, using unnecessary, disproportionate and lethal force to suppress demonstrations and other forms of public participation, have killed at least 782 individuals since the coup on 1 February. While much of the world's attention has been on the number of peaceful protesters and bystanders killed by the security forces, the authorities continue to commit other gross human rights violations against the people of Myanmar. There are daily raids on private homes and offices, and more than 3,740 people are currently in detention. We are deeply alarmed that the whereabouts and fate of hundreds of these individuals are unknown. These are situations that may amount to enforced disappearances. Of those in custody, the vast majority have not been brought before a judge, while most of the 86 people prosecuted thus far have been tried in secret, with limited or no access to any form of legal counsel. Military tribunals and courts martial have been established in several townships in which martial law was declared. At least 25 individuals have received the death sentence to date – some 20 of whom were tried in absentia. Over the past month, the military leadership has issued over 1,561 arrest warrants targeting civil society activists, trade unionists, journalists, academics, public personalities and online voices, so driving the vast majority of them underground. To intensify pressure, the military authorities have resorted to taking relatives of wanted people into custody to force them to turn themselves in to the police. The military authorities are also stepping up their efforts to pressure civil servants back to work. In recent weeks, the coup leadership has dismissed, removed, or suspended more than 3,000 civil servants – nearly 70 per cent of those targeted have been women. Those suspended include 990 university professors, researchers and assistants who in the last few days have been suspended for failing to report to work. There are reports that up to 11,000 more educational workers were suspended on Monday. We are also deeply concerned about the situation of people fleeing persecution, especially human rights defenders and journalists. As the armed conflicts between the Tatmadaw and some of the ethnic armed organizations, particularly in Kachin and Kayin states, have intensified, people seeking protection are being forced to consider seeking safety outside the country. When they do so, they should receive such protection and support from Myanmar's neighbours. It is clear that there needs to be greater international involvement to prevent the human rights situation in Myanmar from deteriorating further. Despite the five-point plan agreed at the ASEAN leaders' meeting on 24 April, the Myanmar military leadership has shown no sign of abiding by it. We call on ASEAN to react quickly and to intensify its actions to ensure the military keeps to these commitments and to hold them accountable for failing to do so..."
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Source/publisher: Office of the United Nations High Commissioner for Human Rights (Geneva)
2021-05-11
Date of entry/update: 2021-05-11
Grouping: Individual Documents
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Topic: Peace and Security
Sub-title: The United Nations independent human rights expert on Myanmar on Friday called on countries that have not yet done so, to impose arms embargo on the country urgently, to stop the “massacre” of citizens across the country.
Topic: Peace and Security
Description: "Tom Andrews, UN Special Rapporteur on the human rights situation in the southeast Asian nation, underscored in a statement, the need to stop the flow of weapons and so called dual-use weapons technology into the hands of forces under the command of the military junta, describing it as “literally a matter of life and death.” “There is no time to lose … I urge governments who support cutting the flow of weapons to a brutal military junta to consider immediately establishing their own arms embargo against Myanmar while simultaneously encouraging UN Security Council action.” ‘Dual-use’ technology Mr. Andrews also said that bilateral arms embargoes should encompass both weapons and dual-use technology, including surveillance equipment. “Together, they will represent an important step forward to literally taking guns out of the hands of those killing innocent men, women and children.” The Special Rapporteur also applauded a call by over 200 civil society organizations to bring the arms embargo issue to the attention of the 15-member Security Council. He is currently updating a list of States that have established arms embargoes against Myanmar, Mr. Andrews added, noting that he intended to publish an updated list next month. The independent expert’s report to the Human Rights Council in March identified that nations that had already established arms embargoes. Month four Into its fourth month, the political turmoil – marked by near daily pro-democracy protests and a brutal crackdown by security forces – has reportedly claimed at least 750 lives and wounded countless more. There are also serious concerns over the continuing impact of the crisis, with the UN Development Programme (UNDP) warning of an economic collapse, and the UN human rights chief cautioning that Myanmar could spiral into a “full-blown conflict” similar to the implosion of Syria over the past decade, if the bloodshed does not stop.....Preparing supplies for refugees, in Thailand: Meanwhile, the UN refugee agency (UNHCR) has said that it is pre-positioning key relief items and personal protective equipment (PPE) in Thailand, which could potentially be provided to those fleeing violence in Myanmar. According to a bulletin issued earlier this week, about 2,300 people crossed from Myanmar into Thailand on 27 April due to increased fighting and they are currently hosted in safe zones, managed by the Thai Army. “UNHCR has advocated for access to the population and offered support to the Thai Government’s efforts to respond to further displacement from Myanmar and address refugees’ protection needs”, it said. As of 31 December 2020, there are about 92,000 Myanmar refugees in Thailand, who fled previous waves of displacement, in nine temporary shelters, according to UNHCR.....Refugee arrivals in India: Similarly, the agency estimates that between 4,000 to 6,000 refugees from Myanmar have entered into the Indian states of Mizoram and Manipur since March, where local charities and individuals have provided life-saving assistance those arriving. “Some 190 have moved onward to New Delhi, where UNHCR is assessing their needs and has begun registering and providing them with basic assistance”, the agency added, noting that it has offered its support to the Indian Government in protection, and humanitarian coordination and response to new arrivals from Myanmar..."
Source/publisher: UN News
2021-05-07
Date of entry/update: 2021-05-09
Grouping: Individual Documents
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Description: "The UN Special Rapporteur on the situation of human rights in Myanmar, Tom Andrews, today welcomed the call by a broad number of civil society organizations to impose an arms embargo on Myanmar's military junta, and encouraged States to take their own actions immediately. "Stopping the flow of weapons and dual-use weapons technology into the hands of the military junta of Myanmar is literally a matter of life and death. There is no time to lose," said Andrews. "I applaud the efforts of more than 200 organisations to bring this to the attention of the UN Security Council. Action to stop the flow of deadly weapons into the hands of those who are using them to massacre their own people is needed now. "I urge governments who support cutting the flow of weapons to a brutal military junta to consider immediately establishing their own arms embargo against Myanmar while simultaneously encouraging UN Security Council action. "Bilateral arms embargoes should encompass weapons and dual-use technology, including surveillance equipment. Together, they will represent an important step forward to literally taking guns out of the hands of those killing innocent men, women and children." Andrews said he was currently updating a list of States that have established arms embargoes against Myanmar. In his March report* to the Human Rights Council, he identified those nations that had already established arms embargoes against Myanmar. "It is my hope that those who have yet to impose an arms embargo will do so in light of the horror that the Myanmar military continues to inflict on its citizens every day. I intend to publish this updated list next month," he said. "Additionally, I urge organizations and advocates who have called for UN Security Council action to simultaneously urge governments to impose their own arms embargo. They can begin by carefully reviewing the list of nations who have established arms embargoes, and reach out to those who have yet to do so."..."
Source/publisher: Office of the United Nations High Commissioner for Human Rights
2021-05-07
Date of entry/update: 2021-05-08
Grouping: Individual Documents
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Topic: Camp Coordination and Camp Management, Education, Food and Nutrition, Health, Logistics and Telecommunications, Mine Action, Protection and Human Rights, Shelter and Non-Food Items, Water Sanitation Hygiene
Topic: Camp Coordination and Camp Management, Education, Food and Nutrition, Health, Logistics and Telecommunications, Mine Action, Protection and Human Rights, Shelter and Non-Food Items, Water Sanitation Hygiene
Description: "This regular update, covering humanitarian developments in conflict-affected areas from 26 March to 23 April, is produced by OCHA Myanmar in collaboration with the Inter-Cluster Coordination Group and UNHCR. The next update will be issued towards the end of May 2021.....HIGHLIGHTS: In south-eastern Myanmar, an estimated 40,000 people have been displaced due to insecurity, armed clashes between the Myanmar Armed Forces (MAF) and the Karen National Liberation Army (KNLA), and indiscriminate attacks by the MAF on civilian areas. In Kachin State, around 5,800 people have been displaced since armed confrontation between the MAF and the Kachin Independence Army (KIA) resurged in early March; about 5,000 remain displaced. In northern Shan, the volatile security situation and clashes, mostly involving Ethnic Armed Organizations (EAOs), have caused the displacement of about 11,000 people since January. In Rakhine and Chin states, casualties due to landmines and Explosive Remnants of War (ERW) are on the rise, with 11 civilians, including 9 children killed or injured in April. Humanitarian assistance and protection services in conflict-affected areas continue despite the impact of the political crisis on operations and pre-existing access challenges. The escalation of violence in parts of Myanmar increases threats to the safety of humanitarian operations and compounds existing access challenges. The 2021 Humanitarian Response Plan, which seeks US$276.5 million to assist around 1 million people in conflict-affected areas, remains severely underfunded, with only 12 per cent of requirements covered so far – FTS.....KEY FIGURES: 40K people displaced in the South-east since December 2020 11K people displaced in northern Shan since January 2021 5.8K people displaced in Kachin State since mid-March 2021 11 civilian casualties due to explosive hazards in Rakhine and Chin states in April.....SITUATION OVERVIEW SURGE IN DISPLACEMENT IN THE SOUTH-EAST: Armed conflict in the south-eastern parts of Myanmar continues to intensify between the MAF and the KNLA, an armed wing of the Karen National Union, resulting in further internal displacement and civilian casualties, mostly in Kayin State and Bago Region. The clashes, which erupted in early December 2020, had internally displaced around 7,100 people by mid-March, mostly in Hpapun Township in Kayin State, where the displaced families were hiding in the jungles with limited access to services and humanitarian assistance. The humanitarian situation in the area has worsened since late March, with thousands of people having reportedly fled from their homes in Kayin State after the MAF launched airstrikes, including in civilian areas. The continued hostilities, shelling of civilian areas by the MAF, and increased insecurity reportedly led to the displacement of an estimated 40,000 people throughout south-eastern Myanmar by 20 April, according to data gathered from various sources by UNHCR. Prior to developments on 1 February 2021, Kayin State and Bago Region had hosted about 12,000 internally displaced people (IDPs) in four locations, both in camp-like and out-of-camp settlements, since 2006. The hostilities in Kayin and Bago between 27 March and 8 April have killed at least 20 civilians and injured more than 25, according to public sources. There have also been reports of a local school destroyed in Dwe Lo Township in Hpapun District of Kayin State, in addition to damage to other civilian property. The details of civilian casualties and damage to civilian infrastructure could not be verified at the time of reporting. Humanitarian interventions remain constrained due to severe and longstanding access challenges, compounded by growing insecurity in the area. Nevertheless, operational partners are doing their best to deliver assistance to the newly displaced and those otherwise affected by hostilities. Humanitarian partners are planning to roll out a displacement tracking system and carrying out a stocktaking exercise to assess the capacities of partners in Kayin State. This is to facilitate the efficient prepositioning of emergency supplies among partners to ensure a coordinated response. NEW DISPLACEMENT IN KACHIN DUE TO RESURGENCE OF CONFLICT: The security situation in Kachin State, which began to deteriorate following the eruption of clashes between the MAF and the KIA in early March, remains volatile. Armed confrontations between the MAF and the KIA were reported in at least 12 townships, including Bhamo, Hpakant, Injayang, Kamaing, Mogaung, Momauk, Myitkyina, Putao, Shwegu, Sumprabum, Tanai and Waingmaw, ranging from local skirmishes, to attacks on convoys, airstrikes, artillery and mortar shelling. Hardly any clashes had not been reported in Kachin State since September 2018. The conflict led to the displacement of over 5,800 people since early March 2021. Around 800 people returned to their places of origin within a few days, while about 5,000 remain displaced across several townships. Some 4,800 people are currently hosted in churches, monasteries and displacement sites in Injanyang, Momauk and Shwegu townships. The remaining IDPs are dispersed in small numbers across Dawthponeyan and Hpakant townships. Attempts are being made to reach the affected communities with assistance; however, insecurity and other access constraints make it difficult for partners to scale up the efforts to address needs, which include emergency shelter, food, basic household items and healthcare. The new displacement comes on top of protracted internal displacement in Kachin State, where about 95,000 people have been living in IDP camps established in 2011. In addition to increased humanitarian needs and population movement, the ongoing insecurity is raising serious protection concerns, with reports of increased conflict-related sexual violence (CRSV) perpetrated against women and girls. Reported incidents included brutal and systematic CRSV committed by multiple perpetrators and most of these violations were perpetrated against women and girls of ethnic minority groups. POPULATION MOVEMENT IN NORTHERN SHAN: Clashes between the MAF and EAOs or between EAOs in northern Shan continued unabated in the first quarter of 2021 and escalated in March. The Restoration Council of Shan State/Shan State Army (RCSS/SSA) and the allied forces of the Ta’ang National Liberation Army (TNLA) and the Shan State Progress Party/Shan State Army (SSPP/SSA) engaged in armed confrontations in Hsipaw, Kyaukme, Monghsu and Namtu townships. There were also clashes, albeit with less intensity and frequency between the MAF and the KIA in Lashio, Kutkai and Muse townships, between the MAF and the TNLA in Kutkai and Namhkan townships, and between the MAF and the Myanmar National Democratic Alliance Army in Hseni and Kutkai townships. Clashes between January and April displaced close to 11,000 people in Hsipaw, Kyaukme, Lashio, Namtu, Namhkan, Monghsu and Muse townships. Displacement generally remains temporary; over 6,000 people returned to their places of origin within a few days. The remaining 4,770 people are currently hosted in churches, monasteries and displacement sites, with Kyaukme and Namtu townships hosting around 1,650 and 1,340 IDPs respectively. Local humanitarian partners and host communities are providing life-saving assistance and protection services, although as with other states and regions, operational challenges, including due to pre-existing access constraints and insecurity, continue to hinder their abilities to scale up. The conflict dynamics and their humanitarian impact in northern Shan so far in 2021 demonstrate an upward trend compared to the same period in 2020, when there were only a few brief armed skirmishes between the EAOs that temporary displaced some 720 people. In addition to the most recent displacements, about 9,800 IDPs continue to reside in protracted displacement camps in northern Shan established since 2011. EXPLOSIVE HAZARDS A THREAT IN RAKHINE AND CHIN: Despite the absence of hostilities in Rakhine and southern areas of Chin states since November 2020, the physical wellbeing of civilians remains threatened by the presence of landmines and ERWs. In April, a total of 11 civilians were killed or injured by landmines and ERWs, mostly in Rakhine. In Kyauktaw Township in Rakhine State on 4 April, the explosion of an ERW killed a mother and her two children and injured another child. Another explosion reportedly injured six children under 16 years old near Taung Ywar Village in Buthidaung Township on 8 April. A landmine incident was also reported in Paletwa Township in Chin State on 15 April, in which one civilian sustained injuries. Meanwhile, there are reports that the MAF is demining villages and roads across several townships in Rakhine, tied with efforts to encourage people displaced by the MAF-Arakan Army (AA) conflict to return to their places of origin. However, many IDPs remain unwilling to return due to the continued presence of armed personnel around their villages, concerns about landmines, and the lack of livelihood opportunities. As of 21 April, more than 78,000 people displaced by the MAF-AA conflict were hosted in 146 sites and 5,038 people in 28 host communities in Rakhine State. Another 9,841 IDPs remained in 27 sites in Chin State, as of 21 January. This is in addition to around 126,000 IDPs, mostly stateless persons, who are hosted in protracted camps established in 2012..."
Source/publisher: UN Office for the Coordination of Humanitarian Affairs (New York) via "Reliefweb" (New York)
2021-04-30
Date of entry/update: 2021-04-30
Grouping: Individual Documents
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Sub-title: The crackdown on journalists, cutting off the Internet and disrupting the flow of information across Myanmar, is “not working”, and the world is not buying the military leadership’s “propaganda” that it is exercising restraint against protesters, the UN independent human rights expert on the country has said, in an in-depth interview with UN News.
Description: "Over 700 people are reported to have been killed in the brutal response by the security forces since the military overthrew the democratically elected Government on 1 February. Thousands more have been injured – many of them seriously, and over 3,000 people are in detention. That includes at least 71 journalists, more than half of whom are still detained, according to the UN Educational, Scientific and Cultural Organization (UNESCO) – UN’s media workers’ safety watchdog – which added that some two dozen people have been charged for “allegedly spreading fake news”. Tom Andrews, UN Special Rapporteur on the situation of human rights in Myanmar, told UN News in his extensive interview, that the military junta has been making “significant efforts, which have been increasing, to keep the truth inside the country, to not allow the world to see what is going on”. “Already the military has been making up stories about what it is facing. From the very outset, it said that it is using ‘utmost restraint’ – its language – to contend with ‘violent protests’, [but] we saw nothing of the kind.” “We saw increasing violence and increasing brutality by the military. And we saw very peaceful, unarmed protesters … despite their efforts to block it, the truth is getting out, and it is a gruesome truth”, Mr. Andrews added. In the first of this two-part interview with the Special Rapporteur, UN News asked the rights expert how he characterized the current international response to the crisis in Myanmar and what countries can do to stop the bloodshed. We will be publishing part two over the weekend, in which he addresses the responsibility to protect citizens from violence, and his hopes for the country’s future. UN News: It must be increasingly difficult to get information from Myanmar, but as far as you know, what is the situation on the ground? Special Rapporteur: You are right. There have been great efforts by the junta to block information from getting out to the world. Not only the blocking of Internet but also now the interruption of broadband wireless service, and there have been at least 64 journalists, that I know of, who have been arrested and detained. So there has been a significant effort, which has been increasing, to keep truth inside the country and not allow the world to see what is happening. Nonetheless, we know that conditions are worsening in Myanmar. We know that at least 700 people are confirmed dead, at least 3,000 people arbitrarily detained, and at least 46 children killed..."
Source/publisher: UN News
2021-04-16
Date of entry/update: 2021-04-17
Grouping: Individual Documents
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Description: "Myanmar's Permanent Representative to the United Nations (UN) Hau Do Suan said Friday that the world needs a stronger UN more than ever. "At this critical time, the world needs a stronger UN more than ever to harmonize our collective efforts to strengthening multilateralism and maintenance of international peace and security," the Myanmar UN ambassador told a Security Council open debate on upholding the UN Charter. "The strict observance of the principles of international law and adherence to the obligations under the Charter of the UN by all member states are essential for the maintenance of international peace and security," he said. "Every state has the responsibility to abide by the principles of respect for sovereignty and territorial integrity, political independence and non-interference in matters which are essentially within the domestic jurisdiction of states," said the ambassador..."
Creator/author:
Source/publisher: "Xinhua" (China)
2020-01-11
Date of entry/update: 2020-01-11
Grouping: Individual Documents
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