International Criminal Court (Myanmar)

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Description: About 139 results (June 2018)
Source/publisher: International Criminal Court (ICC) - icc-cpi.int
Date of entry/update: 2018-06-24
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Description: "New report exposes how Rohingya genocide is intensifying amid aid restrictions and armed conflict The Myanmar military junta is continuing to ignore the International Court of Justice’s (ICJ) orders to protect the Rohingya as state policies are pushing hundreds of thousands of people to the brink of bare survival in Rakhine State, the Burmese Rohingya Organisation UK (BROUK) said today in a new report. The report, Struggling to survive, documents how Rohingya people live increasingly desperate lives amid widespread restrictions on humanitarian aid by the junta. Due to restrictions on their freedom of movement, access to healthcare and livelihoods, Rohingya communities are almost entirely dependent on humanitarian aid. At the same time, the Myanmar military and armed groups have tortured, killed and arbitrarily detained Rohingya people as renewed armed conflict threatens to put even more civilians in the firing line in Rakhine State. “There is no doubt that the Myanmar military is still trying to erase the Rohingya from the face of the earth. Our report exposes how genocidal practices in Rakhine State are not only continuing, but have even intensified over the last six months,” said Tun Khin, President of BROUK. “Rohingya women, children and men are struggling to survive. Further curbs on aid access, coupled with conflict-related violations, have only made this situation more alarming. The international community must act once and for all to end this ongoing genocide.” BROUK’s report is timed to coincide with reporting deadlines imposed on Myanmar in the genocide case The Gambia brought to the ICJ in 2019. In 2020, the “World Court” ordered Myanmar to ‘take all measures within its power’ to protect the Rohingya, and to submit reports every six months on its compliance. A desperate situation in Rakhine State The report lays bare how policies by the military junta, known as the State Administration Council (SAC), continued to subject Rohingya people to extreme hardships in May-November 2023. Many of these amount to the genocidal acts outlined in the Genocide Convention. A stark example is the SAC’s failure to protect people in the context of Cyclone Mocha that hit Rakhine State in May 2023, killing some 400 Rohingya and destroying homes, clinics, and sanitation facilities in IDP camps. Long-standing and arbitrary restrictions on Rohingyas’ freedom of movement prevented many from evacuating camps and villages to seek safety. In the cyclone’s aftermath, the regime has blocked humanitarian aid to Rohingya communities, with devastating consequences. Six months after the cyclone, the 140,000 Rohingya confined to IDP camps have been subjected to increasingly unsanitary, degrading conditions, without enough food, water, or basic shelter. The junta’s restrictions on humanitarian access and lengthy delays in issuing travel authorisations to humanitarian organisations have prevented timely repairs to shelters and sanitation facilities, as well as the delivery of adequate food and nutrition supplies. Discriminatory policies and practices prevent Rohingya from accessing adequate medical care and have led to further preventable deaths since the cyclone. All Rohingya in Rakhine State continue to live in an open-air prison, with the junta taking no steps to end severe and long-standing restrictions on their freedom of movement and access to education, health care and livelihoods. Threats, extortions and arbitrary detentions are routinely used by security forces against Rohingya. Despite the humanitarian crisis in Rakhine State, Myanmar continues to push ahead with attempts to repatriate Rohingya refugees from Bangladesh. These moves are opposed by Rohingya refugee communities themselves, while UNHCR has clearly stated that conditions in Rakhine State are not safe for refugees to return in dignity and safety. BROUK’s report highlights that ‘model villages’ for the returnees have been constructed in areas where atrocity crimes during the 2016-2017 ‘clearance operations’ are known to have taken place, in breach of the ICJ’s order instructing Myanmar to ‘prevent the destruction of and ensure the preservation of evidence’ related to alleged genocidal acts. Armed conflict in Rakhine State Renewed armed conflict threatens to put Rohingya civilians at greater risk of harm. On 13 November, a fragile ceasefire between the Arakan Army (AA) and SAC forces collapsed, sparking armed clashes in Rakhine State. Rakhine and Rohingya civilians have already been killed and injured by indiscriminate shelling by SAC forces over the past week. Meanwhile, the Arakan Rohingya Solidarity Army (ARSA) has been increasingly active in the region in recent months, following a crackdown on the group inside Bangladeshi camps. Armed clashes between ARSA and the AA in July have added to fears that Rohingya civilians will increasingly be caught in the crossfire. BROUK has documented a catalogue of human rights abuses by the AA and ARSA towards Rohingya civilians, including abductions, extortions, arbitrary arrests, and ill-treatment amounting to torture. In late September, for example, the AA imposed a lockdown on Rohingya villages in southern Buthidaung, and abducted and brutally beat 10 Rohingya men falsely accused of ARSA sympathies. Similarly, a few weeks earlier, ARSA are widely suspected of killing a Rohingya elder they accused of providing transportation to AA and SAC soldiers. The Myanmar military has further arbitrarily arrested and tortured Rohingya men on accusations of ties to the AA or ARSA, in an act of collective punishment. The high price of international inaction BROUK calls on the international community to immediately take action to end Myanmar’s genocide against the Rohingya. This must include pressure to lift aid restrictions in Rakhine State, strengthened sanctions against the junta, and support for international justice efforts. BROUK welcomes recent moves by the governments of the UK, Canada, Denmark, France, the Netherlands, Germany and Maldives to formally lend support to The Gambia’s genocide case at the ICJ. BROUK urges the international community to find concrete ways to leverage the provisional measures ordered by the ICJ, to ensure they fulfil their purpose of protecting the Rohingya. This includes securing public hearings at the UN Security Council on the junta’s continued breaches of the order and seeking consequences for non-compliance. “Time is running out for the more than 600,000 Rohingya still living inside Rakhine State. The world must immediately take steps to pressure the Myanmar junta to lift all restrictions on aid as well as Rohingyas’ access to hospitals, schools and livelihoods,” said Tun Khin. “At the same time, international justice is the only way to hold the military to account for its decades of violence against not just the Rohingya, but all people in Myanmar. More states must lend support to efforts to hold the junta to account for its atrocity crimes.”..."
Source/publisher: Burmese Rohingya Organisation UK
2023-11-21
Date of entry/update: 2023-11-23
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Description: "11 May 2023: The Association of Southeast Asian Nations (ASEAN) Leaders must identify the military junta as the primary source of violence in Myanmar and actively support international justice efforts if they are genuine about wanting to end the crisis and see perpetrators of alleged violations of international law in Myanmar held to account, says the Special Advisory Council for Myanmar (SAC-M). In a statement issued on 10 May 2023, ASEAN Leaders condemned an attack on a humanitarian and diplomatic convoy in Myanmar and underlined that the perpetrators must be held accountable. The Leaders were referring to an attack on a convoy of vehicles transporting officials from the ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre) and ASEAN Monitoring Team, including diplomats from Indonesia and Singapore. The team came under fire while under military escort on 7 May 2023 in Taunggyi District, Shan State, eastern Myanmar. Accountability and an end to impunity are essential to resolving the crisis in Myanmar. The military is alleged to have committed the most serious crimes under international law in Myanmar over many decades, including possible genocide against the Rohingya in 2016 and 2017, and crimes against humanity and war crimes following its attempted coup of February 2021, including the Pazigyi massacre of 11 April 2023. All signs indicate that the military junta itself is responsible for the attack on the ASEAN convoy this week. The ASEAN Leaders’ words are no more than empty rhetoric if they fail to identify the junta as the cause of violence and suffering in Myanmar and are not backed-up by action from ASEAN Member States to pursue justice through international mechanisms, as accountability in Myanmar is not possible under the current conditions. Myanmar’s courts are under the control of the military and as such are not independent, and justice and the rule of law are non-existent. Courts in areas of Myanmar controlled by the National Unity Government (NUG), Ethnic Resistance Organisations and other resistance authorities are under-resourced and face capacity and other constraints due to the military’s constant attacks against the population. ASEAN Member States should provide diplomatic support to the NUG and its efforts to advance international justice including through the International Criminal Court (ICC). They should urge the United Nations (UN) Security Council to refer the situation in Myanmar to the ICC, or, if the Security Council fails to act, then pursue the establishment of a special court for Myanmar. The military junta’s atrocities against the people of Myanmar escalated throughout 2022 and have escalated further still in the first half of 2023. International leaders are failing in their responsibilities to the Myanmar people if they continue to hide behind meaningless words. It is long past time they act against the military junta to end its violence and protect the Myanmar people..."
Source/publisher: Special Advisory Council for Myanmar
2023-05-11
Date of entry/update: 2023-05-11
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Sub-title: The International Criminal Court will always be seen as a selective tool unless states agree to decide cases on need.
Description: "The International Criminal Court has sent a strong message to Russia’s government and beyond that war crimes should – and sometimes can – be prosecuted by issuing two arrest warrants against Russian President Vladimir Putin and Commissioner for Children’s Rights Maria Alekseyevna Lvova-Belova. The warrants underscore the significant geopolitical support for Ukraine, backed up by international funding commitments towards both the conflict and accountability initiatives. Notably, however, this support is devastatingly lacking for the Rohingya people of Myanmar, almost six years after systematic “clearance operations” left scores dead and drove hundreds of thousands from the country into neighbouring Bangladesh. The warrants against Russia raise fresh questions about the selectivity of global justice processes, which ICC member states including Australia can respond to. The situation of the Rohingya has been under preliminary examination and investigation at the ICC since 2018 (alongside a separate case at the International Court of Justice concerning whether the military violence amounted to genocide). The ICC Prosecutor was quick to issue a clear warning against committing crimes in Ukraine. No similarly strong ICC public statements have been forthcoming concerning Myanmar. By contrast, after Russia’s expanded invasion of Ukraine in February 2022, the ICC Prosecutor announced an ICC investigation into alleged crimes in Ukraine in March, a month after the attack. It may seem like a long time to have only now issued arrest warrants, but appears at least three years faster than the ICC proceedings about Bangladesh and Myanmar, for which none has been announced. (What remains unknown is whether “secret” sealed warrants are outstanding concerning Myanmar.) The ICC Prosecutor was also quick to issue a clear warning against committing crimes in Ukraine. No similarly strong ICC public statements have been forthcoming concerning Myanmar. Nor has there been the same level of public support for prosecutions from other states. This is a concern, particularly since there is a view that prosecutions, arrest warrants, and statements from the ICC Prosecutor could have a deterring and preventive impact, especially during an active conflict. Warrants are only granted where the Prosecutor can show that there are “reasonable grounds” (i.e., sufficient evidence) to believe the person has committed the alleged crime, and that arrest is “necessary” to, among other things, prevent obstruction of proceedings, including investigation, or prevent continuation of a particular crime. At least from the outside, this should be the case for Myanmar. There is substantial information on the crimes alleged; the dedicated UN Fact-Finding Mission concluded in an August 2018 report that the Myanmar military “committed what amounts to war crimes and crimes against humanity” and an Independent Investigative Mechanism continues to capture and collect potential evidence on international crimes. Some of the same Myanmar military leadership likely under investigation at the ICC have been linked to further allegations of ongoing international crimes across the country since the 2021 coup. The ICC does not have its own police force, but state parties to the court are legally obligated to cooperate if a suspect enters their jurisdiction. The ICC also relies on states to fund its operations. Limited funding means that difficult decisions regarding prioritisation must be made – for example, for crimes allegedly committed by US forces in Afghanistan – partly “in light of the resources available”. At the time of writing, 43 state parties (nearly one-third of all signatories to the Rome Statute, the treaty basis for the court), and mostly albeit not exclusively from the “Global North”, had referred the Ukraine situation to the court. On the day the arrest warrants were issued, the ICC announced an agreement to establish an office in Ukraine. Much-needed funding contributions to the court increased dramatically following the opening of investigations and now again in the wake of the arrest warrants. There has been no such coordinated push on Myanmar, despite the gravity of the crimes alleged and the ongoing allegations of atrocities following the 2021 coup. An ICC office has not opened in Bangladesh, leaving Rohingya communities even further removed from the distant Europe-based ICC. It is true that funds are not formally “earmarked” for Ukraine, however it would be reasonable if state support played a role in the court’s speed. This is because – although not explicitly listed in the office of the prosecutor’s policy paper on the “interests of justice” and referenced only briefly in its paper on case selection – the likelihood of “success” and use of available resources are relevant to any case prioritisation. Supportive states increase both the likelihood of an arrest warrant being “actioned” and the resources available to the court. It is understandable that ICC personnel may consider it challenging to arrest alleged perpetrators in Myanmar, who are subject to significant travel and financial sanctions and appear unlikely to travel to ICC member states soon. That said, neither are Putin and Lvova-Belova. Clearly, the geopolitical situation is different for Ukraine. Ukraine also appears to be strongly cooperating with the ICC. The ICC has faced barriers, including with resourcing and Covid-19 when it comes to visiting Bangladesh. Still, without greater state support for accountability in situations such as Myanmar and elsewhere, questions of the court’s potential selectivity will persist. The cooperation much of the world is demonstrating on Ukraine is what it takes to pursue international justice. Victims everywhere – the Rohingya and others – deserve the same. The views expressed represent the opinions of the authors and not those of any institutions or organisations with which they may be affiliated..."
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Source/publisher: The Interpreter
2023-04-05
Date of entry/update: 2023-04-06
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Sub-title: A recent Sinophone Borderlands public opinion survey sheds light on Bangladeshi views of the Rohingya, roughly a million of whom have been forced to seek refuge in Bangladesh.
Description: "February 15, 2023, marks the 2000th day since the start of the ethnic cleansing of the Rohingya. Although the historical background of the Rohingya crisis is much longer and more complicated, going back to World War II and including previous massacres/exoduses in 1978, 1991-92, 2012, and 2016, it was only in August 2017 that the news hit the global headlines and the story became well-known. In August 2017, the Kofi Annan Commission (established by Myanmar’s civilian National League of Democracy government to settle the Rohingya problem) prepared its report, a failed compromise. One day later, Myanmar military posts were attacked by the Arakan Rohingya Salvation Army, a guerrilla group operating in the Rakhine region. In their collective response, the Tatmadaw, Myanmar’s army, resorted to the worst retaliation possible. The Tatmadaw started a brutal campaign against the Rohingya. In the months that followed, more than 700,000 Rohingya fled to Bangladesh as the Tatmadaw committed ethnic cleansing and crimes against humanity, with “genocidal intent.” For Bangladesh, the crisis meant a new and unprecedented strain. The country has received Rohingya refugees since 1978, but the scale in 2017 was incomparable to previous exoduses. The official Bangladeshi position toward the Rohingya crisis has combined the acceptance of the refugees with the hope that the influx of people would only be temporary. Enjoying this article? Click here to subscribe for full access. Just $5 a month. On the one hand, Bangladesh openly welcomed the repressed group, presenting itself as a “good global citizen.” On the other hand, Dhaka later declared that the Rohingya must return to their origin country as soon as possible, and that it is Myanmar’s obligation to repatriate them while the international community and the United Nations must persuade Naypyidaw to do so. Since this never happened, Bangladesh and its citizens have to live with the consequences of the prolonged stay. As the religious, cultural, and humanitarian imperative to help oppressed brethren meets the socioeconomic tensions produced by forced immigration on such a scale, it is of vital importance to hear the voices of the Bangladeshi people. As part of the Sinophone Borderlands public opinion survey in Bangladesh in June-August 2022, more than 1,300 Bangladeshi respondents were asked an open-ended question about their perception of the Rohingya people. Respondents were drawn from all regions of Bangladesh and included a representative sample of age groups and genders. The timing of the survey coincided with the fifth anniversary of the brutal Tatmadaw offensive that sent Rohingya refugees fleeing across the border from Myanmar into Bangladesh. The survey question asked what first came to people’s minds when thinking of the Rohingya. The most common answers, as the word cloud above reveals, were “Muslim,” “tortured,” “helpless,” and “Myanmar.” This gives us a good idea of how Bangladeshis perceive the Rohingya people: as persecuted, helpless, Muslim people originally from Myanmar. The reason for the Rohingya being in Bangladesh is very clear to Bangladeshis, who provided responses such as “came from Myanmar,” ”tortured by Myanmar army,” or “brutality of Myanmar.” Also, the fact that the Rohingya people are predominantly Muslims is well-known and often highlighted in the responses (“tortured Muslims” or “persecuted Muslims,” for example). While the Rohingya are seen by many Bangladeshis as persecuted and expelled victims of the Myanmar army and people feel they should help them (see responses such as “expelled,” “victims,” “homeless,” “persecuted,” “neglected,” and “we should help”), there are also voices that see the Rohingya people as a threat (“destroying the Bangladeshi economy” or “harming Bangladesh”) and advocate for sending them back to Myanmar (“go back to Myanmar”). Issues such as drug dealing and a food crisis came up several times. Also, some label the Rohingya as foreigners who don’t belong to Bangladesh. That said, most Bangladeshis highlight the struggle for survival of the Rohingya people and express sadness over their situation and sympathy toward them. To conclude, the results of the survey show that among Bangladeshis, empathy toward the Rohingya, the repressed Muslim brothers and sisters, so far trumps tensions and challenges produced by their enforced, prolonged stay. Yet, the longer the Rohingya crisis is unresolved, the more probable a shift toward negative perceptions becomes..."
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Source/publisher: "The Diplomat" (Japan)
2023-02-15
Date of entry/update: 2023-02-15
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Description: "1 February 2023: Two years after launching the attempted coup, the Myanmar military junta has failed to impose its political agenda on Myanmar. The international community must now step-up support for the federal democracy movement as the only way forward for Myanmar, said the Special Advisory Council for Myanmar (SAC-M). SAC-M hosted a press conference yesterday, on Tuesday 31 January 2023, to mark the two-year anniversary of the start of the military coup in Myanmar. The members of SAC-M commented on the growing regional crisis caused by the military in Myanmar, as well as recent developments in the Association of Southeast Asian Nations (ASEAN) and United Nations (UN) relevant to Myanmar. SAC-M founding member Yanghee Lee spoke about the outright refusal of the Myanmar people to accept the military coup. “The junta cannot succeed,” said Lee. “This time the old playbook won’t work – the movement has come too far, and the people have had enough. The only path to peace and stability in Myanmar now, is through finally realising the people’s will and long-held aspirations for a genuine federal democracy.” SAC-M founding member Marzuki Darusman discussed the challenges facing Indonesia as chair of ASEAN in 2023. “Indonesia will need to push ASEAN to finally come to terms with the reality that the situation in Myanmar is a political conflict between the junta and the democracy movement,” said Darusman. “As ASEAN Chair for one very short year, Indonesia should try to lay down the groundwork for a realistic, sound and durable political solution. It is imperative that Indonesia acknowledges the reality of the NUG and works with it, as a party to the conflict, to find a solution.” Chris Sidoti, also a founding member of SAC-M, commented on the recent developments in the UN and international system, including the adoption of the Security Council’s first resolution on Myanmar, the continued rejection of the military junta by the General Assembly, and the ongoing investigations at the International Court of Justice and International Criminal Court in relation to the Rohingya genocide. However, Sidoti explained, these steps have all been inadequate. “We, the international system, are challenged, as we go into the third year of this attempted coup. We are challenged to respond far more adequately, far more effectively and far more actively than we have done in the past,” said Sidoti. All three members of SAC-M dismissed the junta’s stated plan to hold elections in 2023 as yet another attempt to gain power that fails to comply even with the military’s own constitution. “The international community must recognise that whatever the military in Myanmar is doing right now has no constitutional basis,” said Lee. However, the members of SAC-M concurred that a non-violent solution to the conflict must be found, but that the nature of that solution is not yet clear, and with Min Aung Hlaing leading the military, appears unlikely. As the coup, and the terrible toll it is taking on the people of Myanmar, enters its third year, SAC-M calls on the international community to close in on accountability by establishing an ad hoc tribunal for Myanmar, and to finally step up, and recognise Myanmar’s National Unity Government..."
Source/publisher: Special Advisory Council for Myanmar
2023-02-01
Date of entry/update: 2023-02-01
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Description: "1 February marks second anniversary of Myanmar’s brutal military regime Nearly 3,000 people killed, 1.5 million internally displaced, more than 13,000 detained in inhumane conditions, and at least 100 sentenced to death ‘Solidarity has never been more important….The international community cannot let another day pass before taking additional effective steps to stop the military’s atrocities ’ – Ming Yu Hah The Myanmar military continues to arbitrarily arrest, torture and murder people with impunity two years after it seized power, Amnesty International said today, as it called for increased global action and solidarity ahead of the anniversary on 1 February. Since the 2021 coup, nearly 3,000 people have been killed, 1.5 million have been internally displaced, more than 13,000 are still detained in inhumane conditions, and four people are known to have been executed, while at least 100 have been sentenced to death. In addition to this, 7.8 million children are not in school. The military’s onslaught against anyone who is suspected to oppose its rule has caused widespread fear and led to grave human rights violations - including the use of air and ground attacks against civilians. Ming Yu Hah, Amnesty International’s Deputy Regional Director for Campaigns, said: “There is no denying that the military is able to carry out its nationwide assault on human rights because of the shockingly inadequate global response to this crisis, which risks being forgotten - we can’t let that happen. “This anniversary should highlight the need for urgent global action from countries around the world, and the Association for Southeast Asian Nations needs to protect the people of Myanmar who remain under daily siege from the military. “Speaking up for those in Myanmar who risk lengthy jail sentences, torture and death in custody for expressing peaceful defiance is not a trivial gesture. Solidarity has never been more important, as it can raise people’s spirits and show them they are not alone in their darkest hour. “While many governments have heeded calls to action, it is not yet enough to stop the military’s grave violations. The international community cannot let another day pass, let alone another two years, before taking additional effective steps to stop the military’s atrocities.” Resistance continues Despite grave danger and persecution, brave individuals within Myanmar have continued to pursue peaceful protests. In the lead up to and on the day of the anniversary, Amnesty is participating in solidarity protests, vigils and events in cities around the world, including in Bangkok and Seoul. But the United Nations as well as governments around the world must do more than send messages of support. The recent historic UN Security Council resolution on Myanmar was welcome progress, but much more is needed from those in power, who must urgently apply pressure on the military to release all those arbitrarily detained for peacefully exercising their human rights. The UN Security Council must also refer the situation in Myanmar to the International Criminal Court and impose a comprehensive global arms embargo that covers all weapons, munitions, dual-use technology, as well as other military and security equipment, training and any additional forms of assistance. Stop aviation fuel supply Countries and companies need to suspend the direct and indirect supply, sale or transfer - including transit, trans-shipment and brokering - of aviation fuel to Myanmar until effective mechanisms are in place to ensure it will not be used to carry out devastating air strikes and commit serious violations of international human rights law or international humanitarian law. Last November, Amnesty launched a campaign calling for a suspension of the supply of aviation fuel to prevent the Myanmar military from carrying out unlawful air strikes. The investigation also identified companies involved across the supply chain. Since the coup on 1 February 2021, Amnesty has documented widespread human rights violations, including war crimes and possible crimes against humanity as part of the military’s crackdown on the opposition across the country. See Amnesty’s Myanmar page for more information..."
Source/publisher: "Amnesty International" (UK)
2023-01-30
Date of entry/update: 2023-01-30
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Description: "This is the US Campaign for Burma’s fifteenth monthly On-The-Ground in Burma briefer! This month’s briefer will review the recent U.S. genocide determination and the necessary steps to turn the Rohingya genocide recognition into action, as well as share a response from leaders from the Rohingya Women’s Development Network (RWDN), Karenni National Women’s Organization (KNWO), and the Karen Human Rights Group (KHRG). This month’s briefer includes: April highlights An in-depth analysis on the U.S. genocide determination and the necessary steps moving forward Four major policy recommendations Responses to the genocide determination from the RWDN, KNWO, and the KHRG An overview of IDP issues and rights abuses in each ethnic state and central Burma As the conflict escalates in Burma between the pro-junta militias, anti-coup forces, and the military, so has the violence and rights deprivations in ethnic regions and central Burma. Without strong tangible action, the Burmese junta will continue to commit crimes against humanity with impunity..."
Source/publisher: U.S. Campaign for Burma
2022-05-06
Date of entry/update: 2022-05-06
Grouping: Individual Documents
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Description: "The Republic of the Union of Myanmar welcomes the adoption of the resolution on the Situation of human rights in Myanmar by the Human Rights Council, and extends its appreciation to the European Union and to cosponsors. The resolution condemns in the strongest terms the unlawful actions of the illegal military junta. It catalogues junta crimes that include deliberate killings, abductions and enforced disappearances, arbitrary arrest, torture and other ill-treatment, sexual and gender-based violence, forced displacement of civilians including Rohingya and other persons belonging to minorities, forced labour, the destruction and burning of homes, continued attacks on medical and humanitarian relief personnel, the use of facilities functioning as schools, hospitals and houses of worship for military purposes, the use of landmines, and the severe curtailment of fundamental freedoms including opinion and expression, peaceful assembly and association. Myanmar also welcomes the resolution's: • call for respect for the democratic will of the people as expressed by the results of the general elections of 8 November 2020, and its full support for the Myanmar people's aspirations for democracy and civilian government • demand for the release of all persons arbitrarily detained, for all perpetrators of violations and abuses to be held accountable, and for the provision of justice and reparations to victims and survivors • renewal of the mandate of the Special Rapporteur on the situation of human rights in Myanmar. Yet the resolution represents a series of missed opportunities to sharpen the Council's responses to the illegal junta. Where the text condemns the junta's use of air strikes and shelling against civilians, it stops short of calling on States to cease the direct and indirect supply, sale or transfer of weapons, munitions, military equipment and materials to the junta and its forces and representatives. This is a clear failure to act on the significant findings of the Special Rapporteur's Conference Room Paper on 'UN Member States' Arms Transfers to the Myanmar Military'.1 The text also falls short in its push for accountability. While continued monitoring and reporting on the human rights situation in Myanmar is essential, there is already ample evidence. In September 2018, the Independent International Fact-Finding Mission on Myanmar called for the now junta leader Min Aung Hlaing to be investigated and prosecuted for genocide, crimes against humanity and war crimes, including against the Rohingya.2 In September 2021, the Head of the Independent Investigative Mechanism for Myanmar (IIMM) said that collected materials indicated that the military junta's crimes were 'widespread and systematic in nature'.3 Findings are piled high, now justice is needed. The IIMM's intensive efforts must lead to prosecutions and if appropriate jurisdictions cannot be identified then one must be created in the absence of a referral to the International Criminal Court (ICC). The resolution also relies too heavily on previously agreed language, with many asks rendered unrealistic since the failed coup d'e'tat of 1 February 2021 or having already been met by Myanmar. For instance, Myanmar as represented by the National Unity Government lodged an Article 12(3) Declaration with the Registrar of the ICC in July 2021, accepting the Court's jurisdiction with respect to international crimes committed in Myanmar since 1 July 2002. Myanmar, consistent with the Council's expression of support for the people's democratic aspirations, reads many of the resolution's asks as directed to the National Unity Government - the legitimate representative of the people. Accordingly, Myanmar will: • progressively repeal or amend laws that have historically been applied to curb the exercise of fundamental freedoms and to target dissent. This includes provisions of the Penal Code, the Unlawful Associations Act, the Official Secrets Act, and the Telecommunications Law to bring them into line with international human rights standards • take legislative and policy steps to protect and to ensure equal treatment of and opportunities for ethnic and religious minorities, including the Rohingya. This includes repeal of the Race and Religion Protection Laws of 2015 to ensure freedom of religious belief • take continuing steps to secure the voluntary, safe, and dignified repatriation to Myanmar of Rohingya who were forced to flee Rakhine State to neighbouring countries on account of military atrocities. Myanmar will also replace the Citizenship Law of 1982 with a law that bases citizenship on birth in Myanmar or birth anywhere as a child of Myanmar citizens • take continuing steps to prevent the recruitment and use of children in armed conflict and to eliminate child and forced labour • accede to the Rome Statute of the ICC, further to its Article 12(3) Declaration • fully cooperate with the Special Rapporteur on Myanmar and other Special Procedures mandate-holders • support the Office of the High Commissioner for Human Rights to establish a country presence in Myanmar • continue to cooperate with the IIMM and international and regional courts, tribunals and human rights bodies • continue to engage with the Special Envoy of the Secretary-General on Myanmar in support of the fulfilment of her mandate. Myanmar will also continue to partner with the UN Country Team and with individual UN agencies, funds and programmes, particularly in securing humanitarian access and providing humanitarian assistance. Myanmar however remains deeply disappointed by the Secretary-General's report on 'progress made in the implementation of follow-up action to the recommendations' set out in the Rosenthal Report.4 The resolution's corresponding 'invitation' to the Secretary-General to offer 'relevant recommendations to enable more effective work in the future' and to 'strengthen the prevention capacity' of the UN system is vague and insufficient. Myanmar therefore repeats its calls for an independent and wide-ranging inquiry led by international experts into the UN's progress in implementing follow-up actions to the Rosenthal Report, with an added focus on the UN's response since 1 February 2021. The inquiry should produce and deliver to the Human Rights Council a comprehensive public report with findings and recommendations..."
Source/publisher: Ministry of Human Rights
2022-04-02
Date of entry/update: 2022-04-02
Grouping: Individual Documents
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Description: "Introduction In 2005, the United Nations member states unanimously made a commitment to protect populations from the most serious crimes, namely genocide, war crimes, ethnic cleansing, and crimes against humanity.1 Known as the ‘Responsibility to Protect’ principle, or R2P, this commitment emphasises the primary responsibility by states to protect their own populations from these crimes, and the responsibility of the international community to support one another in their prevention.2 Recognising that atrocities are not random events but develop in a dynamic process and require the existence of an environment conducive to their occurrence, the United Nations Special Advisers on the Prevention of Genocide and the Responsibility to Protect developed a methodological framework in 2014 that enables the identification of warning signs indicating the existence of such circumstances. The Framework of Analysis for Atrocity Crimes (hereinafter ‘the framework’) sets out a series of Risk Factors and corresponding Indicators that enable stakeholders to identify high-risk developments in situations of serious human rights violations, domestic instability and crisis, pinpoint gaps in existing prevention capacities and promote necessary responses. The framework serves as a working tool for the monitoring and assessment of atrocity risks and as an early warning mechanism to support the prevention of their commission.3 The following atrocity crimes risk assessment applies the framework to the Republic of the Union of Myanmar (hereinafter ‘Myanmar’). It identifies the most pressing risk factors and provides recommendation on future steps that can be taken by relevant stakeholders to address risks of atrocities being committed. Since the last atrocity risk assessment of the situation in Myanmar conducted in 2019, there have been significant domestic developments that have reshaped the climate for the commission of atrocity crimes in Myanmar. The risk of atrocity crimes, specifically crimes against humanity and war crimes, is very high and the risk of genocide remains high. The military coup d’état on 1 February 2021 has resulted in a large movement of civil disobedience, the establishment of a shadow government under the leadership of former NLD politicians and its formation of an armed resistance force. The brutal crackdown by the military in response to nationwide anti-junta protests has led many civilians to take up arms and join armed resistance forces. Renewed conflict between long-standing ethnic armed groups and the military, the emergence of new local armed militias, as well as violent clashes between the military and resistance forces have dragged the country into another civil war. The means and methods deployed by the Tatmadaw against political dissidents, civilians and members of the armed resistance already meet the threshold of crimes against humanity and war crimes but indicate the risk of further escalations of the situation. These developments occur amidst a multi-dimensional economic and humanitarian crisis that has reached new records in unemployment rates and in the number of internally displaced people in dire need of humanitarian assistance. The global COVID-19 pandemic had severe impacts not only on an already buckling health sector, but has seen many people forced out of employment and into a state of severe food insecurity. The political unrest following the military coup, which resulted in an international response of targeted sanctions, withdrawal of foreign aid and foreign investment and an increase of unemployment across the entire country’s labour force, has caused a stagnation of Myanmar’s economy and pushed the country to the brink of an economic collapse. The large-scale disobedience movements in response to the coup, disruptions in supply chains as well as the junta’s regular shutdowns of telecommunication services, internet and power outages have paralysed essential sectors and much of the country’s infrastructure. In addition, atrocities committed against the Rohingya community during the military’s ‘clearance operations’ in Rakhine State in 2017 and 2018 remain unaddressed and have further nourished a climate of prevailing impunity and injustice. Hundreds of thousands of displaced Rohingya remain in detainment camps with restricted access of humanitarian aid delivery, while being denied freedoms of movement, access to basic goods, such as food and health care, and the right to a safe, dignified and voluntary return. While the international community has stepped up its efforts to provide humanitarian aid to Myanmar, the UN and its member States remain divided over the political disputes over power. While the majority of States condemned the military coup and refuse to recognise the military junta as the legitimate government, international response to the military use of force has been limited to targeted sanctions against senior military leaders and the exclusion of its representatives from regional summits. A stronger engagement by key regional actors, such as ASEAN member States and their newly appointed Special Envoy, and a concerted response by international actors including the UN Security Council is required to put a halt to the excessive use of force by the military against the population, to delegitimise the military junta’s claim to power and assist the country in returning to its path towards a peaceful democratic transition that is capable of addressing past injustices and building a resilient and independent national State apparatus in conformity with international human rights standards..."
Source/publisher: The University of Queensland
2022-03-31
Date of entry/update: 2022-03-31
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Description: "This is the first case to be brought in a foreign jurisdiction for crimes committed by the Myanmar junta since the coup in 2021. The complaint was filed at the Prosecutor’s Office in Istanbul by the Lawyer, Gülden Sönmez, acting for MAP on behalf of victims who were tortured at the notorious Ye Kyi Ain “Interrogation Centre” in Yangon. “The military junta acted in a strict chain of command, committing crimes in a systematic, widespread and pre-planned manner,” said Gülden Sönmez. “Turkey is a signatory to the UN Convention Against Torture and an investigation must be initiated based on universal jurisdiction against the generals and commanders involved in these crimes, as well as those who actually committed the torture.” In the file lodged with the Turkish authorities, evidence of severe torture has been presented along with the identities of named perpetrators. MAP and Ms Sonmez are demanding that those responsible should be arrested and extradited to Turkey to face justice and in order to prevent ongoing crimes. “Turkey showed great sensitivity to the persecution of Myanmar’s Rohingya Muslims in 2017,” said MAP Director, Chris Gunness, who was in Istanbul for the case, “and there is growing support here, not just for humanitarian intervention, but for targeted legal action against the Myanmar Generals for the atrocity crimes they and their henchmen are committing on a daily basis.” Turkey has been supportive of the genocide case against the Myanmar junta at the International Criminal Court in the Hague and the Turkish government voted for robust UN General Assembly action in a strongly worded resolution in June last year which condemned the coup and called on UN member states to impose a global arms embargo. The government in Ankara has also supported the decision of the UN General Assembly to deny recognition to the Myanmar junta. Since the coup, the use of torture has become widespread and systematic, raising it to the level of international crimes. A report by the UN Human Rights Council found that since the coup, 325 people including 26 children had been tortured to death. The report concluded that “hundreds, if not thousands, have been subjected to torture.” “The absence of meaningful action to prevent these ongoing crimes makes universal jurisdiction cases even more important,” according to Gunness. “The Security Council has been hamstrung by the threat of Russian and Chinese vetos and ASEAN has been hopelessly divided. In this context, it is vitally important that UN member states, such as Turkey, support criminal accountability in their national courts.”..."
Source/publisher: Myanmar Accountability Project
2022-03-29
Date of entry/update: 2022-03-30
Grouping: Individual Documents
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Description: "Though it comes far too late, the decision of the US government to finally formally determine that the violence perpetrated by the Myanmar military against the Rohingya in 2017 in Rakhine State amounts to genocide and crimes against humanity is welcomed by 357 Myanmar CSOs and regional and international partners. This announcement comes after over four years of tireless repeated efforts by Rohingya, supported by human rights groups within Myanmar and across the world in solidarity with their cause. They have continued to seek justice and accountability, the recognition of their rights, including the restoration of their citizenship, equal rights, freedom of movement, and for safe, voluntary and dignified return of Rohingya to their homes in Rakhine State. As the long-awaited recognition of the atrocity crimes being determined by the US government is here, urgent actions must be taken towards criminal prosecution for these crimes and to ensure the protection of the remaining Rohingya in Rakhine State whose situation continues to be dire. Otherwise, this determination will languish as rhetoric and only serve to further embolden the Myanmar military that not only continues to implement its policies of genocide and persecute the remaining 600,000 Rohingya in Rakhine State, but is committing war crimes and crimes against humanity against the people across the country. The same military that committed genocide against the Rohingya are committing massacres, airstrikes, extrajudicial killings, arbitrary mass arrests, sexual and gender-based violence, violence against children and mass displacement following its attempted coup – an attempt that failed, largely due to courageous and united resistance from the people of Myanmar in defense of their democracy. At the 49th Session of the UN Human Rights Council, the UN High Commissioner for Human Rights, stated that systematic abuses by the military junta may amount to war crimes and crimes against humanity, including deliberately targeting civilians with airstrikes and burning people alive. The impunity enjoyed by the Myanmar military must end and this can only be achieved through swift and rigorous justice and accountability. We call on the United States Government to: Recommend the UN Security Council adopt a resolution referring the situation in Myanmar to the ICC; Recommend the International Criminal Court to accept the declaration lodged by the Myanmar government, the National Unity Government, 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; Formally support the ongoing case against Myanmar at the International Court of Justice brought forward by The Gambia, including financial and legal assistance; Call on the Congress to Pass the Burma Unified through Rigorous Military Accountability Act of 2021 (BURMA Act 2021); Impose further targeted sanctions against the military and its leadership, military businesses including specifically targeting Myanma Oil and Gas Enterprise (MOGE), military-linked business partners and network of arms dealers; Increase aid to Rohingya genocide survivors in Bangladesh and other countries, and advocate for Bangladesh to adopt sustainable policies for hosting Rohingya refugees, including immediate access to education for all Rohingya children. Direct USAID to coordinate emergency humanitarian aid provision efforts, including through cross-border channels, for the aid to reach to most vulnerable populations of more than 889,000 IDPs resulted from the military violence and airstrikes, and combat COVID-19, by providing resources and working in equal and meaningful partnership and collaboration with ethnic and community-based humanitarian and civil society organizations; Coordinate to impose a global arms embargo on the Myanmar military; and, Sanction the supply of jet fuel to the Myanmar military to end airstrikes..."
Source/publisher: 357 Civil Society Organizations
2022-03-29
Date of entry/update: 2022-03-29
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Description: "မြန်မာစစ်တပ်ခေါင်းဆောင်များကို တရားစွဲဆိုရမည် နောက်ကျပြီးမှဖြစ်သော်လည်း ၂၀၁၇ ခုနှစ် ရခိုင်ပြည်နယ်တွင် ရိုဟင်ဂျာလူမျိုးများအပေါ် မြန်မာစစ်တပ်မှ ကျူးလွန်ခဲ့သည့် အကြမ်းဖက်မှုများက လူမျိုးတုံးသတ်ဖြတ်မှုနှင့် လူသားမျိုးနွယ်အပေါ် ဆန့်ကျင်သော ရာဇဝတ်မှုများ မြောက်ကြောင်း တရားဝင်အသိအမှတ်ပြုသည့် အမေရိကန်အစိုးရ၏ ဆုံးဖြတ်ချက်ကို မြန်မာအရပ်ဘက်လူထုအဖွဲ့အစည်းများ၊ နှင့် ဒေသတွင်းနှင့် နိုင်ငံတကာ မိတ်ဖက်အဖွဲ့အစည်း ပေါင်း ၃၅၇ ဖွဲ့တို့က ကြိုဆိုလိုက်သည်။ ဤဆုံးဖြတ်ချက်သည် ရိုဟင်ဂျာများ၏ လေးနှစ်ကျော်ကြာအောင် မလျှော့သော ဇွဲလုံ့လ ကြိုးပမ်းအားထုတ်မှုနှင့်အတူ မြန်မာနိုင်ငံနှင့် ကမ္ဘာတစ်ဝှမ်းရှိ လူ့အခွင့်အရေးအဖွဲ့များ၏ သွေးစည်းညီညွတ်သော ပံ့ပိုးကူညီမှုတို့ကြောင့် ဖြစ်ပေါ်လာခြင်း ဖြစ်သည်။ ရိုဟင်ဂျာများသည် ၎င်းတို့အတွက် တရားမျှတမှုနှင့် တာဝန်ယူမှု တာဝန်ခံမှု ရှိလာစေရေး၊ နှင့် ၎င်းတို့၏ နိုင်ငံသားဖြစ်မှု ပြန်လည်ရရှိရေး၊ လွတ်လပ်စွာသွားလာလှုပ်ရှားခွင့်နှင့် ရခိုင်ပြည်နယ်တွင်ရှိသော ၎င်းတို့၏ နေအိမ်များသို့ ဘေးကင်းလုံခြုံစွာဖြင့် ၎င်းတို့သဘောဆန္ဒအလျောက် ဂုဏ်သိက္ခာရှိစွာ နေရပ်ပြန်နိုင်ရေး တို့အပါအဝင် ၎င်းတို့၏ အခွင့်အရေး ပြန်လည်အသိအမှတ်ပြုခံရရေးအတွက် ဆက်လက်ကြိုးစားလုပ်ဆောင်နေကြသည်။ ထိုရက်စက်ကြမ်းကြုတ်သော ရာဇဝတ်မှုများအပေါ် ကာလရှည်ကြာစောင့်စားနေခဲ့ရသည့် အမေရိကန်အစိုးရ၏ ဆုံးဖြတ်ချက်နောက်တွင် ထိုရာဇဝတ်မှုများအတွက် ရာဇဝတ်ဆိုင်ရာတရားစွဲဆိုမှုများ ပြုလုပ်ရေး ဦးတည်သော အရေးယူဆောင်ရွက်မှုများ အရေးတကြီးလုပ်ဆောင်ရန် လိုအပ်သည်။ သို့မဟုတ်ပါက ဤဆုံးဖြတ်ချက်သည် စကားလုံးသက်သက်အဖြစ် အရာမရောက်ဘဲ ရှိနေမည့်အပြင် ၎င်း၏ လူမျိုးတုံးသတ်ဖြတ်မှုဆိုင်ရာ မူဝါဒများ ဆက်လက် အကောင်အထည်ဖော်ဆောင်နေခြင်းနှင့် ရခိုင်ပြည်နယ်တွင် ကျန်ရှိနေသေးသော ရိုဟင်ဂျာလူဦးရေ ၆၀၀,၀၀၀ အပေါ် ဖိနှိပ်ခြင်း လုပ်ဆောင်နေရုံသာမက နိုင်ငံတစ်ဝှမ်းရှိ ပြည်သူများအပေါ်တွင်လည်း စစ်ရာဇ၀တ်မှုများနှင့် လူသားမျိုးနွယ်အပေါ် ဆန့်ကျင်သော ရာဇ၀တ်မှုများ ကျူးလွန်နေသာ မြန်မာစစ်တပ်ကို ပိုမို၍ပင် အတင့်ရဲလာစေမည် ဖြစ်သည်။ ရိုဟင်ဂျာများအပေါ် လူမျိုးတုံးသတ်ဖြတ်မှု ကျူးလွန်ခဲ့သည့် ယင်းစစ်တပ်ကပင် ဒီမိုကရေစီကာကွယ်ရာတွင် ရဲရင့်ပြတ်သား စည်းလုံးညီညွတ်သော မြန်မာပြည်သူများ၏ စုပေါင်းခုခံဆန့်ကျင် မှုကြောင့် ကျရှုံးနေသော ၎င်းတို့၏ အာဏာသိမ်းရေး ကြိုးပမ်းမှုနောက်ပိုင်းတွင် အရပ်သားပြည်သူများအပေါ် အစုလိုက်အပြုံလိုက် သတ်ဖြတ်မှုများ၊ လေကြောင်းတိုက်ခိုက်မှုများ၊ ဥပဒေမဲ့သတ်ဖြတ်မှုများ၊ မတရား အစုလိုက်အပြုံလိုက် ဖမ်းဆီးမှုများ၊ လိင်ပိုင်းဆိုင်ရာနှင့် ကျား-မ ကွဲပြားမှုအပေါ်အခြေခံသည့် အကြမ်းဖက်မှုများ၊ ကလေးသူငယ်များအပေါ် အကြမ်းဖက်မှုများနှင့် အစုလိုက် အပြုံလိုက် နေရပ်စွန့်ခွာထွက်ပြေးတိမ်းရှောင်ရ စေမှုများကို ကျူးလွန်နေသည်။ ကုလသမဂ္ဂလူ့အခွင့်အ‌ရေးကောင်စီ၏ ၄၉ ကြိမ်မြောက် ပုံမှန်အစည်းအဝေးတွင် အရပ်သားပြည်သူ များအပေါ် လေကြောင်းတိုက်ခိုက်မှုများနှင့် အရှင်လတ်လတ် မီးရှို့သတ်ဖြတ်မှုများကို ရည်ရွယ်ချက်ရှိရှိ ပစ်မှတ်ထားလုပ်ဆောင်မှုများ အပါအဝင် မြန်မာစစ်အုပ်စု၏ စနစ်တကျ ချိုးဖောက်မှုများသည် စစ်ရာဇဝတ်မှုများနှင့် လူသားမျိုးနွယ်အပေါ် ဆန့်ကျင်သော ရာဇဝတ်မှုများ မြောက်နိုင်ဖွယ်ရှိသည်ဟု ကုလသမဂ္ဂလူ့အခွင့်အရေးမဟာမင်းကြီးက ထုတ်ဖော်ပြောဆိုခဲ့သည်။ မြန်မာစစ်တပ်မှ ရရှိနေသော ပြစ်ဒဏ်ကင်းလွတ်ခွင့်ကို အဆုံးသတ်ရမည်ဖြစ်ပြီး ယင်းကို မြန်ဆန်တင်းကျပ်သော တရားမျှတမှုနှင့် တာဝန်ယူမှု တာဝန်ခံမှု ဖော်ဆောင်ခြင်းတို့မှတစ်ဆင့်သာ ရရှိနိုင်မည် ဖြစ်သည်။ အမေရိကန်အစိုးရမှ အောက်ပါအချက်များကို လုပ်ဆောင်ရန် မိမိတို့မှ တောင်းဆိုလိုက်သည် – မြန်မာနိုင်ငံ၏ အခြေအနေကို နိုင်ငံတကာရာဇဝတ်ခုံရုံး (ICC) သို့ လွှဲပြောင်းပေးရန်အတွက် ကုလသမဂ္ဂလုံခြုံရေး ကောင်စီမှ ဆုံးဖြတ်ချက်တစ်ခု ချမှတ်ရေး အကြံပြုတိုက်တွန်းရန်၊ ၂၀၀၂ ခုနှစ် ဇူလိုင်လ ၁ ရက်နေ့မှစတင်၍ မြန်မာနိုင်ငံပိုင်နက်အတွင်း ကျုးလွန်ခဲ့သော နိုင်ငံတကာရာဇ၀တ်မှုများနှင့် စပ်လျဉ်း၍ ရောမသဘောတူစာချုပ် အပိုဒ် ၁၂(၃)အရ ICC တရားရုံး၏ တရားစီရင်ပိုင်ခွင့်ကို လက်ခံကြောင်း တင်သွင်းသော မြန်မာအစိုးရဖြစ်သည့် အမျိုးသားညီညွတ်ရေးအစိုးရ (NUG) ၏ ကြေညာစာတမ်းကို လက်ခံရေး ICC တရားရုံးအား တိုက်တွန်းရန်၊ ဂမ်ဘီယာနိုင်ငံမှ မြန်မာနိုင်ငံအပေါ် နိုင်ငံတကာတရားရုံး (ICJ) တွင် လက်ရှိစွဲဆိုထားသည့် အမှုအား ငွေကြေးနှင့် ဥပဒေဆိုင်ရာ ပံ့ပိုးကူညီမှုများ အပါအဝင် တရားဝင် ထောက်ခံအားပေးရန်၊ စစ်တပ်အား တင်းကျပ်သော တာဝန်ယူမှု တာဝန်ခံမှု ရှိလာစေခြင်းမှတစ်ဆင့် မြန်မာနိုင်ငံ စုပေါင်းညီညွတ်ရေးဆိုင်ရာဥပဒေ ၂၀၂၁ ခုနှစ် (BURMA Act 2021) ကို အတည်ပြုပြဌာန်းနိုင်ရန်အတွက် ကွန်ဂရက်အား တောင်းဆိုရန်၊ မြန်မာ့ရေနံနှင့် သဘာဝဓာတ်ငွေ့လုပ်ငန်း (MOGE)၊ စစ်တပ်နှင့် ဆက်နွယ်နေသော စီးပွားရေးမိတ်ဖက် များနှင့် လက်နက်ရောင်းဝယ်သူ ကွန်ရက်များအပေါ် ပစ်မှတ်ထား အရေးယူပိတ်ဆို့မှုများ အပါအဝင် မြန်မာစစ်တပ်နှင့် ၎င်း၏ ခေါင်းဆောင်များအပေါ် ပစ်မှတ်ထား အရေးယူပိတ်ဆို့မှုများ ပိုမိုလုပ်ဆောင်ရန်၊ လူမျိုးတုံးသတ်ဖြတ်မှုမှ အသက်ရှင်ကျန်ရစ်သည့် ဘင်္ဂလားဒေ့ရှ်နိုင်ငံနှင့် အခြားနိုင်ငံများရှိ ရိုဟင်ဂျာများအတွက် အကူအညီအထောက်အပံ့များ တိုးမြှင့်ပေးရေး၊ နှင့် ရိုဟင်ဂျာ ကလေးသူငယ်များအတွက် ပညာရေး လက်လှမ်းမီစေရေး အပါအဝင် ရိုဟင်ဂျာဒုက္ခသည်များ လက်ခံထားရေးနှင့်ပတ်သက်၍ ဘင်္ဂလားဒေ့ရှ်နိုင်ငံအနေဖြင့် ရေရှည်တည်တံ့သော မူဝါဒများ ချမှတ်လာစေရေး စည်းရုံးလှုံ့ဆော်ရန်၊ စစ်တပ်၏ အကြမ်းဖက်မှုများနှင့် လေကြောင်းတိုက်ခိုက်မှုများကြောင့် ထိခိုက်အလွယ်ဆုံးသော ပြည်တွင်း နေရပ်စွန့်ခွာထွက်ပြေးတိမ်းရှောင်ရသူ (IDP) ၈၈၉,၀၀၀ ကျော်ထံသို့ အကူအညီများ ရောက်ရှိစေရန်အတွက် နယ်စပ်ဖြတ်ကျော် လမ်းကြောင်းများတစ်ဆင့် အပါအဝင် လူသားချင်းစာနာ ထောက်ထားမှုဆိုင်ရာ အ‌ရေးပေါ်အကူအညီ ပံ့ပိုးနိုင်ရေး ကြိုးပမ်းမှုများ ညှိနှိုင်းဆောင်ရွက်ရန်အပြင် COVID-19 တိုက်ဖျက်ရေးအတွက် တိုင်းရင်းသားနှင့် လူထုအခြေပြု လူသားချင်းစာနာထောက်ထားမှု ဆိုင်ရာ အဖွဲ့အစည်းများနှင့် အရပ်ဘက်လူထုအဖွဲ့အစည်းများကို အရင်းအမြစ်များ ထောက်ပံ့ပေးခြင်းနှင့် အဓိပ္ပါယ်ပြည့်ဝစွာဖြင့် တန်းတူသောမိတ်ဖက်များအဖြစ် ပူးပေါင်းဆောင်ရွက်ရန် USAID အား ညွှန်ကြားရန်၊ မြန်မာစစ်တပ်အပေါ် ကမ္ဘာလုံးဆိုင်ရာ လက်နက်ခဲယမ်းရောင်းချမှု ပိတ်ဆို့ရေး ချမှတ်နိုင်ရန်အတွက် ညှိနှိုင်းဆောင်ရွက်ရန်၊ နှင့် မြန်မာစစ်တပ်၏ လေကြောင်းတိုက်ခိုက်မှုကို ရပ်တန့်စေရန်အတွက် လေယာဥ်ဆီတင်ပို့ရောင်းချမှုကို ပိတ်ဆို့ရန်။..."
Source/publisher: 357 Civil Society Organizations
2022-03-29
Date of entry/update: 2022-03-29
Grouping: Individual Documents
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Description: "Media release from Burmese Rohingya Organisation UK The Burmese Rohingya Organisation UK (BROUK) today welcomed a fresh round of sanctions against Myanmar military leaders, military-affiliated cronies and businesses, as well as a military unit, by the United States, United Kingdom and Canada. The announcement came ahead of Myanmar’s Armed Forces Day, on March 27. The United States announced sanctions against five individuals and five entities connected to the military regime, including the 66th Light Infantry Division, one of the junta’s notorious shock troops, while the United Kingdom sanctioned two individuals and three companies “responsible for supplying the Myanmar military regime with weapons and equipment”, and also designated the military’s new Head of Air Force. Canada sanctioned four individuals and two business entities. “Cutting sources of revenue and arms to the military is essential, so these new sanctions are very welcome,” said Tun Khin, President of BROUK. “The USA, UK and Canada have the right strategy in sanctioning the military and its allies but the sanctions are coming too slowly. They need to increase the pace of sanctions and expand the scope to include gas revenue and aviation fuel.” The sanctions announcements come days after the United States designated the military’s campaign of violence against the Rohingya a genocide, an announcement made at the US Holocaust Museum in Washington DC. “Targeted economic sanctions are just one tool, and we need to see other tools used such as support for international justice mechanisms like referring Burma to the International Criminal Court, and joining or financing the genocide case at the International Court of Justice,” said Tun Khin. “The United States’ genocide declaration this week was welcome recognition for the suffering us Rohingya have endured, but it must amount to more than words, and be turned into concrete actions that ultimately remove this junta from power.” Those who had their assets frozen by the US, UK and Canada include Aung Moe Myint, director of Dynasty International Company, Aung Hlaing Oo, managing director of Myanmar Chemical Machinery Co Ltd, as well as General Htun Aung, the newly-appointed Commander-in-Chief of the Myanmar Air Force. “The military have not been able to establish control since the attempted coup and are vulnerable to pressure if it can be applied fast enough. We need to cut arms, cut revenue, deny legitimacy, ensure accountability and increase humanitarian and political support to the people of Burma,” said Tun Khin. “The USA, UK and Canada are moving in the right direction but crawling instead of racing.”..."
Source/publisher: Burmese Rohingya Organisation UK
2022-03-25
Date of entry/update: 2022-03-25
Grouping: Individual Documents
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Description: "24 March 2022: The international community must ensure that leaders of the Myanmar military are prosecuted for genocide in international courts without further delay, following the United States (US) government determination that genocide was committed against the Rohingya, says the Special Advisory Council for Myanmar (SAC-M). SAC-M welcomes the important US government determination that genocide and crimes against humanity were committed against the Rohingya in Myanmar. The determination could not be more urgent, having been delayed for three and a half years after the State Department’s own report documenting the atrocity crimes was first released, and as the military continues to commit massive violations against peoples across Myanmar. “It is now incumbent on the US and the wider international community to ensure that leaders of the Myanmar military are held to account through criminal prosecutions in international courts,” said Marzuki Darusman of SAC-M. “Accountability for the Myanmar military’s crimes against the Rohingya is urgently needed in addition to the proceedings seeking to determine Myanmar’s State responsibility for genocide before the International Court of Justice.” One million Rohingya refugees continue to live in restricted camps in Bangladesh, with thousands more living precariously in other countries neighbouring Myanmar. Rohingya that remain in Myanmar are confined either to internment camps or remote villages and face ongoing violence and persecution from the military and security forces. “Ensuring accountability for the grave crimes committed against the Rohingya is not only an obligation of the international community and an issue of justice for the victims. Without justice and accountability, there is no chance of ending the massive oppression and horrific violence still faced by the Rohingya and other peoples across Myanmar,” said Chris Sidoti of SAC-M. “The military will continue to commit atrocities unless and until its leaders are made accountable.” SAC-M also welcomes the US government’s commitment of funding to the Independent Investigative Mechanism for Myanmar (IIMM), which is tasked with collecting evidence of the most serious international crimes and violations of international law in Myanmar, and with preparing files for criminal proceedings. However, at present, there remains no court willing and able to take such proceedings. Without a court able to act, the work of the IIMM is in vain. The National Unity Government of Myanmar has accepted the full jurisdiction of the International Criminal Court in Myanmar dating back to 2002, as well as that of the International Court of Justice in the case brought by The Gambia under the Genocide Convention, but these efforts have so far been ignored by the courts. “If the international community will not engage with Myanmar’s democratically elected representatives in their efforts to secure justice and accountability, then the obligation falls to the international community itself to ensure – without further delay – that there is a tribunal with necessary jurisdiction where leaders of the Myanmar military can be prosecuted for genocide. If the International Criminal Court fails to undertake prosecution of Myanmar military leaders, this may require the establishment of an ad hoc tribunal,” said Yanghee Lee of SAC-M. “The US Genocide determination is another important step towards justice for the Rohingya, but we cannot stop there.”..."
Source/publisher: Special Advisory Council for Myanmar
2022-03-24
Date of entry/update: 2022-03-24
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Description: "In historic determination, U.S. Government acknowledges Rohingya genocide (WASHINGTON, D.C., March 21, 2022)—United Nations Member States should publicly acknowledge the Rohingya genocide in Myanmar and ensure the U.N. Security Council refers the situation to the International Criminal Court (ICC), said Fortify Rights today. In a historic determination, the Government of the United States today announced that the Myanmar military is responsible for committing genocide against the Rohingya people. “It is a signaling and remarkable milestone for Rohingya victims and survivors that the U.S. has formally determined that the violence committed against Rohingya by the Myanmar military amounts to genocide and crimes against humanity,” said Zaw Win, Human Rights Specialist at Fortify Rights. “It has been a long-term expectation for the Rohingya community. Declaring that what happened to the Rohingya is in fact genocide should spur international accountability efforts and make it more difficult for the Myanmar military to continue its atrocity crimes.” Speaking at a briefing organized by the U.S. Department of State at the U.S. Holocaust Memorial Museum, U.S. Secretary of State Antony Blinken announced the determination, saying: “Beyond the Holocaust, the United States has concluded that genocide was committed seven times. Today marks the eighth, as I’ve determined that members of the Burmese military committed genocide and crimes against humanity against Rohingya.” Fortify Rights is in Washington D.C. attending the briefing. In November 2019, The Gambia filed a case against Myanmar at the International Court of Justice in The Hague, the U.N.’s highest court, for failing to prevent or punish genocide against Rohingya Muslims. The case is ongoing. In September 2018, the ICC granted the Chief Prosecutor jurisdiction to investigate and possibly prosecute the crime against humanity of forced deportation of Rohingya to Bangladesh, as well as persecution and other inhumane acts. Last month, the Chief Prosecutor, Karim Khan, concluded his first visit to Bangladesh as part of the ongoing investigation. While the ICC is investigating forced deportation, it is not yet investigating the crime of genocide against Rohingya, and the ICC has not yet accepted the National Unity Government of Myanmar’s declaration delegating jurisdiction of the court. Fortify Rights documented the Rohingya genocide for several years, including in detailed reports dating back to 2015. In 2017, the U.S. Holocaust Memorial Museum and Fortify Rights published a joint report documenting mounting evidence of genocide against Rohingya in northern Rakhine State, which Secretary Blinken cited today. In a 160-page report in 2018, Fortify Rights also exposed how the Myanmar military and civilian perpetrators prepared for and carried out genocide against Rohingya Muslims in Rakhine State. The report details how the Myanmar Army massacred Rohingya people, systematically raped women and girls, and razed hundreds of villages in northern Rakhine State. The attacks continued for several weeks, forcing more than 700,000 Rohingya to escape to Bangladesh. Fortify Rights previously identified 22 senior military and police officials responsible for the 2016 and 2017 attacks. Myanmar Commander-in-Chief Senior General Min Aung Hlaing, who also launched a bloody coup d’état on February 1, 2021, is at the top of the list. The Myanmar authorities have also attempted to erase Rohingya identity and survivors have experienced an enduring mental health crisis. “While today’s determination of genocide and crimes against humanity are focused on Rohingya, it’s also important to recognize that for decades the Burmese military has committed killings, rape and other atrocities against members of other ethnic and religious minority groups,” Secretary Blinken said during his remarks, recognizing the military’s longstanding and ongoing perpetration of atrocities in Myanmar. “Reports of these abuses are widespread. They are well-documented. They’ve occurred in states across Burma [Myanmar]. That history and the determination that we’re making today are fundamental to understanding Burma’s current crisis.” Later this week, on March 24, Fortify Rights will publish a new 193-page report detailing the first six months of the Myanmar military’s post-coup attacks on the people of Myanmar. U.N. Security Council members should immediately put forward a resolution to refer the situation in Myanmar to the ICC, said Fortify Rights. U.N. Member States should also acknowledge the legitimacy of the National Unity Government of Myanmar and get fully behind its efforts to delegate jurisdiction to the Court. “Secretary Blinken’s announcement is historic for the Rohingya and all people of Myanmar and also for wider efforts to prevent and remedy genocide,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “We’re grateful for all those who worked to make this happen. To prevent genocide, governments must at least acknowledge it when it happens, which is precisely what the U.S. government did today.”..."
Source/publisher: Fortify Rights
2022-03-21
Date of entry/update: 2022-03-24
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Sub-title: Need for Global Action to Investigate, Prosecute Military Leadership
Description: "The United States government has formally determined that the Myanmar military committed the crime of genocide and crimes against humanity against ethnic Rohingya Muslims in Rakhine State, Human Rights Watch said today. The US government should coordinate long overdue action with other countries to pursue justice, both for mass crimes committed against the Rohingya and for those committed against other ethnic minorities and prodemocracy protesters since the military coup in February 2021. US Secretary of State Antony Blinken, in a speech at the US Holocaust Memorial Museum in Washington, DC, on March 21, 2022, announced, “I have determined that members of the Burmese military committed genocide and crimes against humanity against Rohingya” The US became a party to the Genocide Convention in 1988. “The US government should couple its condemnations of Myanmar’s military with action,” said John Sifton, Asia advocacy director at Human Rights Watch. “For too long, the US and other countries have allowed Myanmar’s generals to commit atrocities with few real consequences.” The same military leaders responsible for crimes against the Rohingya carried out the February 1, 2021 coup against the country’s elected civilian government. The junta then systematically attacked those who protested against the coup, subjecting them to mass killings, torture, and arbitrary detention, amounting to crimes against humanity. Escalating attacks on other ethnic minority groups have resulted in additional abuses and atrocities, including war crimes. Since the coup, security forces have killed at least 1,600 people and detained more than 12,000. Over 500,000 people have been internally displaced and the junta is deliberately blocking aid to populations in need, as a form of collective punishment. Rohingya remaining in the country have faced even greater movement restrictions and harsher treatment, abuses that amount to the crimes against humanity of persecution, apartheid, and severe deprivation of liberty. The US and other governments should seek justice for the military’s crimes against the Rohingya as well as abuses against protesters and ethnic groups, and impose stronger economic measures against the military leadership, Human Rights Watch said. The United Nations Security Council – largely because of concerns of a Chinese or Russian veto – has not taken substantive action in response to the Myanmar military’s atrocities. The US should nevertheless press for a council resolution that would refer the situation in Myanmar to the International Criminal Court (ICC). At the same time, the US should press for council action to impose an arms embargo on the Myanmar military. The ICC prosecutor is presently investigating crimes against humanity related to the forced deportation in 2017 of more than 740,000 Rohingya into Bangladesh, an ICC member state. Myanmar is not a member of the Rome Statute, the court’s founding treaty, so only the UN Security Council can refer all grave international crimes in Myanmar to the ICC for investigation. An ICC referral remains critical to address the full scope of criminality within Myanmar, including for alleged genocidal acts. An ICC referral would also give the court jurisdiction to address other alleged abuses, including by ethnic armed groups in Myanmar. If the Security Council fails to act, the US should assemble a group of like-minded countries in the General Assembly to pass a resolution calling on countries to impose bilateral arms embargoes on Myanmar and urging them to use their domestic legal systems wherever possible to investigate alleged crimes by Myanmar military personnel. Many countries have laws that allow their judicial authorities to investigate and prosecute certain serious crimes under international law no matter where they were committed or the nationality of the suspects or the victims. In 2019 Argentine judicial authorities commenced an investigation into Myanmar’s top military and civilian leaders for crimes committed in Rakhine State, including for war crimes and genocide. US officials should consider possible domestic investigations under its own statutes criminalizing genocide committed abroad. To deter future abuses, the US government should also impose tougher sanctions on the extensive foreign currency revenues the Myanmar military makes from oil and gas revenues, and ramp up enforcement of existing sanctions on military-controlled enterprises in the mining, gemstones, and timber sectors, Human Rights Watch said. The military utilizes the bulk of these revenues to support its expenditures, which include extensive purchases of arms and attack aircraft from Russia, China, and other countries. In addition to supporting action at the UN Security Council, the US should also support a strong resolution at the UN Human Rights Council in Geneva, mirroring the above steps and ensuring that the UN special rapporteur and the Independent Investigative Mechanism for Myanmar continue gathering and analyzing evidence of serious crimes committed in Myanmar since 2011. The US should formally support the ongoing case brought by Gambia at the International Court of Justice (ICJ), alleging that Myanmar’s atrocities against the Rohingya violate the Genocide Convention. The case before the ICJ is not a criminal case against individual alleged perpetrators, but a legal determination of state responsibility for genocide. The case could lead to orders that are enforceable under a UN Security Council resolution. “The Myanmar military will continue to commit atrocities so long as other governments fail to impose measures to hold them accountable,” Sifton said..."
Source/publisher: "Human Rights Watch" (USA)
2022-03-21
Date of entry/update: 2022-03-22
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Description: "The National Unity Government (NUG) welcomes the determination by the United States Government that the Myanmar military’s 2017 attacks against the Rohingya in Rakhine State amounted to genocide and crimes against humanity. This finding follows calls, including by the Rohingya community and the United Nations (UN) Independent International Fact-Finding Mission on Myanmar for the military leadership to be investigated and prosecuted for genocide, crimes against humanity and war crimes against the Rohingya. The NUG acknowledges that discriminatory practices and rhetoric against the Rohingya also laid the ground for these atrocities. The impunity enjoyed by the military’s leadership has since enabled their direction of countrywide crimes at the helm of an illegal military junta. Those crimes against the Myanmar people continue until today by the military. The determination by the US is timely as the UN High Commissioner for Human Rights and the Special Rapporteur on Myanmar address the UN Human Rights Council in Geneva. The UN HRC will next week adopt a new resolution on Myanmar. The NUG stands by its ‘Policy Position on the Rohingya in Rakhine State’ issued in June 2021. The Policy commits to the safe, voluntary, dignified, and sustainable return of Rohingya refugees and internally displaced persons, and to comprehensive legislative and policy reform in support of citizenship, equality in rights and opportunity, and justice and reparations. The NUG encourages the United States to support the United Nations Security Council to refer the situation in Myanmar to the International Criminal Court (ICC). In July 2021, the NUG lodged an Article 12(3) Declaration with the Registrar of the ICC on behalf of Myanmar, accepting the Court’s jurisdiction with respect to international crimes committed in the country since 1 July 2002. Justice and accountability must follow this determination..."
Source/publisher: President Office, National Unity Government
2022-03-22
Date of entry/update: 2022-03-22
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Description: "1. We, the Committee Representing Py idaungsu Hluttaw (CRPH), welcome the remarks of US Secretary o f State Antony Blinken made at the Holocaust Memorial Museum on 21st March. We welcome the determination of the US government about the crimes committed by the Myanmar’s army on Rohingya over the past decades as genocide and crimes against humanity based on evidences, witnesses and reports of independent international human rights organizations. 2. We believe such determination would be of much assistance for the attempts o f international judicial institution including International Court of Justice - ICJ and International Criminal Court - ICC in seeking justice and accountability for the Rohingya people. 3. At present, Myanmar’s brutal military is continuing violence, brutal crimes including war crimes and human rights violations against all ethnic nationalities and ethnic and religious minorities at every corner o f the country and thousands o f displaced people have fled from their home to quite secure places. The junta’s security forces have unlawfully killed more than 1,690 and has illegally arrested more than 12,850 citizens since the coup in Myanmar. 4. We would like to highlight the fact that today’s violations by the military is the same with the military has committed such heinous crimes against Rohingya in recent years. We seriously request the international community to help us prevent such crimes from being committed continuously by the military at the same time when we arc seeking the justice and accountability for the victims o f the inhumane crimes. 5. The unprovoked aggression of the Russian Federation to the Ukraine proves that regional an d international stability has been severely damaged due to the dangerous acts of the authoritarian regime across the globe. We strongly request the international community to continue the efforts of taking actions regarding the crimes committed by the Myanmar military junta like a foreign occupier against its own people in the same way and manner the international community has been protesting against the actions of aggressors on Ukraine and its people..."
Source/publisher: Committee Representing Pyidaungsu Hluttaw
2022-03-22
Date of entry/update: 2022-03-22
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Description: "၁။ ပြည်ထောင်စုလွှတ်တော်ကိုယ်စားပြုကော်မတီသည် အမေရိကန်နိုင်ငံခြားရေးဝန်ကြီး အန်ထော်နီ ဘလင်ကင်၏ Holocaust Memorial Museum တွင် ၂၀၂၂ ခုနှစ်၊ မတ်လ (၂၁) ရက် နေ့က ပြောကြားသွားခဲ့သော မှတ်ချက်စကားကို ကြိုဆိုပါသည်။ လွန်ခဲ့သည့် ဆယ်စုနှစ်များ အတွင်း မြန်မာစစ်တပ်၏ ရိုဟင်ဂျာများအပေါ် ကျူးလွန်ခဲ့သည့် ရာဇဝတ်မှုများသည် လူမျိုးတုံး သတ်ဖြတ်မှု၊ လူသားမျိုးနွယ်အပေါ် ကျူးလွန်သော ရာဇဝတ်မှုများ ဖြစ်ကြောင်း သက်သေများ၊ အထောက်အထားများနှင့် နိုင်ငံတကာ လွတ်လပ်သော လူ့အခွင့်အရေး အဖွဲ့အစည်းများ၏ အစီရင်ခံစာများအပေါ် အခြေခံ၍ အမေရိကန်အစိုးရ၏ ဆုံးဖြတ် သတ်မှတ်မှုအပေါ် ကြိုဆိုပါသည်။ ၂။ အဆိုပါ သတ်မှတ်ဆုံးဖြတ်ချက်သည် အပြည်ပြည်ဆိုင်ရာ တရားရုံး (International Court of Justice) နှင့် အပြည်ပြည်ဆိုင်ရာ ရာဇဝတ်တရားရုံး (International Criminal Court) အပါအဝင် နိုင်ငံတကာတရားရေးအဖွဲ့အစည်းများက ရိုဟင်ဂျာများနှင့် ပတ်သက်၍ တရားမျှတမှု၊ တာဝန်ခံမှုတို့ကို ရှာဖွေဖေါ်ထုတ်ရန် ကြိုးစားဆောင်ရွက်နေမှုများအား များစွာ အထောက်အပံ့ ဖြစ်စေမည်ဟု ယုံကြည်ပါသည်။ ၃။ ယခုလက်ရှိအချိန်၌ မြန်မာနိုင်ငံတွင် အကြမ်းဖက်မှုများ၊ စစ်ရာဇဝတ်မှုအပါအဝင် ရက်စက်ကြမ်းကြုတ်သော ရာဇဝတ်မှုများ၊ လူ့အခွင့်အရေးချိုးဖောက်မှုများကို နိုင်ငံတစ်ဝှမ်းရှိ တိုင်းရင်းသားပြည်သူများ၊ လူမျိုးရေးနှင့် ဘာသာရေး လူနည်းစုများအားလုံးအပေါ် ချိုးဖောက် ကျူးလွန်လျက်ရှိပြီး မြန်မာပြည်သူထောင်ပေါင်းများစွာသည် အိုးမဲ့အိမ်မဲ့ဖြစ်ကာ ထွက်ပြေး တိမ်းရှောင်နေရလျက်ရှိပါသည်။ အကြမ်းဖက် မြန်မာစစ်တပ်သည် အာဏာသိမ်းခဲ့သည့် အချိန်မှ စ၍ အပြစ်မဲ့ ပြည်သူ (၁,၆၉၀) ကျော်အား ဥပဒေမဲ့ သတ်ဖြတ်ခဲ့ပြီး ပြည်သူ (၁၂,၈၅၀) ကျော်အား မတရား ဖမ်းဆီးထိန်းသိမ်းထားလျက်ရှိပါသည်။ ၄။ ယနေ့ မြန်မာစစ်တပ်မှ ကျူးလွန်လျက်ရှိသည့် အကြမ်းဖက်မှုများသည် အဆိုပါ ရိုဟင်ဂျာများအပေါ် အလားတူရာဇဝတ်မှုများကို ကျူးလွန်ခဲ့သော၊ ကျူးလွန်နေဆဲဖြစ်သော စစ်တပ်ပင်ဖြစ်သည်ကို ထပ်မံ၍ မီးမောင်းထိုးပြလိုက်ခြင်းပင် ဖြစ်ပါသည်။ မြန်မာစစ်တပ်၏ ရက်စက်ကြမ်းကြုတ်သော ရာဇဝတ်မှုများကို ခံစားခဲ့ရသူများအတွက် တရားမျှတမှုကို ရှာဖွေရန် ကြိုးစားဆောင်ရွက်သည့် တစ်ချိန်တည်းတွင် မြန်မာစစ်တပ်က အဆိုပါရာဇဝတ်မှုများ ဆက်လက် ကျူးလွန်နိုင်ခြင်းမရှိစေရန် တားဆီးနိုင်ရေးအတွက် ဝိုင်းဝန်းကူညီကြိုးစားပေးကြပါရန် အလေး အနက် တောင်းဆိုအပ်ပါသည်။ ၅။ ယနေ့ကမ္ဘာကြီးတွင် အာဏာရှင်များ၏ ဘေးအန္တရာယ်ကြောင့် ဒေသတွင်း တည်ငြိမ်မှု နှင့် ကမ္ဘာကြီးတစ်ခုလုံး၏ တည်ငြိမ်မှုကို ထိခိုက်လျှက်ရှိကြောင်း ရုရှားဖက်ဒရေးရှင်း၏ ယူကရိန်းနိုင်ငံအပေါ် ကျူးကျော်စစ်က သက်သေပြလျှက်ရှိသည်။ ကမ္ဘာ့နိုင်ငံများအနေဖြင့် ယူကရိန်းနိုင်ငံနှင့် နိုင်ငံသားများအပေါ် ကျူးလွန်လျှက်ရှိသော ကျူးကျော်သူများ၏ ရာဇဝတ်မှု များကို ဝိုင်းဝန်းဆန့်ကျင်ဟန့်တားနေကြသည့်နည်းတူ မြန်မာနိုင်ငံရှိ အာဏာရှင်များ၏ မြန်မာ ပြည်သူများအပေါ်၌ ပြည်ပကျူးကျော်သူများနှင့်မခြား လူမဆန်သော ရာဇဝတ်မှုများ ကျူးလွန်လျက်ရှိခြင်းကိုလည်း မေ့လျော့ပစ်ပယ်ထားခြင်းမရှိဘဲ ဆက်လက်အရေးယူ ဆောင်ရွက်သွားရန် လေးနက်စွာ တိုက်တွန်းတောင်းဆိုအပ်ပါသည်။..."
Source/publisher: Committee Representing Pyidaungsu Hluttaw
2022-03-22
Date of entry/update: 2022-03-22
Grouping: Individual Documents
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Description: "This article is the latest in a Just Security series on the Feb. 1, 2021 coup in Myanmar, which brought together expert local and international voices on the coup and its broader context. The series is a collaboration between Just Security and the International Human Rights Clinic at Harvard Law School). Today, Feb. 1, 2022, marks the one-year anniversary of the Myanmar military’s attempt to wrest political control of the country away from its elected officials. Not every military attempt to impose its will on a country is a generational moment, but this one was. The actions of the military (known as the Tatmadaw) last year sparked an unprecedented series of events that are still rippling across the nation. The resistance to the military’s attempt[1] to take control started with the Civil Disobedience Movement (CDM), a mass movement led by youth and joined by workers who stayed home and consumers who boycotted military-owned businesses to protest the takeover. A movement on this scale has not been seen in a generation. Other developments over the past year are entirely unprecedented in Myanmar. This past year thus marks the end of one era and the beginning of a new one. The shape of that new era is still being determined by the people of Burma, who are writing their next chapter with each passing day. To understand the importance of Feb. 1, 2021 (“1221” or “2121,” depending on which date convention is used), we first must look back. For Burma followers, the start of the era proceeding 2021 can be traced to the 8888 Uprising (named for another significant date, Aug. 8, 1988, when that mobilization began), which saw a military crackdown against mass street protests across the country. The 8888 Uprising was the beginning of the end of the Ne Win era, a period of military rule which began decades earlier. Yet in the wake of 1988, the military dictatorship continued — first as the State Law and Order Restoration Council (SLORC), a name which aptly captured the mass human rights abuses perpetrated by this military junta, and then, with a 1997 rebrand, as the State Peace and Development Council. Despite these cosmetic tweaks, little else changed. The consolidation of power by Than Shwe as the main military strongman in the early 2000s only demonstrated the continued military dominance. Even after the 2008 constitution and three subsequent national elections, including 2010 which featured a boycott by the National League for Democracy (NLD), the military was ever present, and the hopes of a full transition to democracy and peace failed to materialize. (For a fuller discussion of the history of democracy movements in Myanmar, see here). Yet this post-1988 era was never really defined by the military leader as it had been during Ne Win’s time. Instead, the 1988 to 2021 period was defined by its opposition leader. When history is written in the years to come, it will be known as the era of Aung San Suu Kyi. From her “non-violent struggle for democracy and human rights” while under house arrest and her leadership of the NLD as it earned landslide national victories in 1991, 2015, and 2020, to her silence on the ongoing persecution and coordinated campaigns of violence against the Muslim Rohingya minority, Aung San Suu Kyi shaped this era of Burma in a way no other figure did. The lead up to the military’s attempted takeover on Feb. 1, 2021 did not presage how seminal a moment it would become for Myanmar. After the NLD won an overwhelming majority of the parliamentary seats in the November 2020 general election (396 out of 476 seats, a margin of victory even greater than in 2015 and reminiscent of a 1990 landslide victory for the party), the Tatmadaw laid the foundation to dispute the results. Just like after the 1990 election, which it never recognized, the military was intent on preventing the duly elected officials from taking their seats as representatives of the people. Throughout late 2020 and early 2021, the Tatmadaw alleged irregularities and poll fraud. Several nations, including the United States, warned that the Tatmadaw might attempt to seize power in the days leading up to Feb. 1. Despite these warnings, the military was able to successfully detain Aung San Suu Kyi, President Win Myint, and other NLD leadership on the morning of Feb. 1 (many of whom have since been criminally charged and sentenced in thinly veiled political persecutions). The Tatmadaw ordered an unconstitutional one-year state of emergency, and state television broadcasts announced that political authority had been transferred to Senior General Min Aung Hlaing and the State Administration Council. Looking back on the past year, it has been filled with familiar hallmarks of the Tatmadaw’s oppression: horrendous loss of life (conservatively at least 1,400 killed), countless arrests (estimates now run at nearly 8,800), and mass displacement. And as in eras past, the Tatmadaw has adopted these practices to retain power by whatever means necessary — including suppressing freedoms, curtailing rights, and terrorizing the population — and to fend off a burgeoning non-violent movement comprised of a new generation of leaders who have glimpsed the potential of democracy in Myanmar over the past decade. But the past year has also been different – and remarkably so – for it has signaled not only the end of an era but the emergence of a new one. A New Era The CDM The story of 2021 must start with the CDM — and the sea change that this movement represents among a generation that had not been born in 1988. Led by youth and women, the movement has used civil disruptions, work stoppages, and boycotts to hamper the Tatmadaw’s attempts to consolidate their power. In the process, the movement has signified not only a generational shift but a change in the representation and make up of political activity in Myanmar. For many Burmans (the major ethnic group), participating in the movement has also prompted a sort of revelation, causing them, for instance, to question the misinformation espoused for years by the military that historically marginalized ethnic nationality groups were a threat to Burma. For so long, the country has been defined by its divisions — but the CDM has represented something new and distinctive as it has embraced and celebrated Burma’s diversity as a strength instead of a weakness. The National Unity Government The National Unity Government (NUG), which was announced in April 2021 as a “shadow” or interim government, represents the country’s first unity Comprised of members of the NLD, ethnic nationality groups, and other minority parties, the creation of the NUG parallels, in governmental structures, the bridge created between Burman communities and ethnic nationalities by the grassroots organizing of the CDM. What stands out about the NUG is that it is not a government comprised wholly of the Burman-led NLD but one that at least symbolically bridges ethnic divides in new ways. Yes, there are legitimate questions on the depth of the unity, but this development nevertheless marks a first in Burma, and if it holds, it will define the new era in profoundly different terms from the previous one. During the 1990s through the first two decades of this century, there were calls for tripartite dialogue between the military, the NLD, and the ethnic nationalities, but never did the NLD unite with the ethnic groups in a government or other formal alliance. The NLD’s treatment of the Rohingya crisis — ignoring or exacerbating severe human rights violations — has left deep distrust. Even here, however, there have been signs of change over the past year. One of the NUG’s interim cabinet ministers issued a public apology to the Rohingya for the government’s role in oppressing the group, and the NUG announced a new policy in June promising to end human rights abuses against the Rohingya and grant them citizenship. Given past experience, caution is still warranted as to whether there will be follow through on these pronouncements, but this much is clear: the NUG represents a potentially new political era. The End of an Era The emergence of the CDM and the NUG as well as the simultaneous generational shift has also signaled the beginning of the end of the era of Aung San Suu Kyi and others from her generation. From a towering symbol for human rights and democracy as a Nobel Peace Prize winner to a defender, at the International Court of Justice (ICJ), of the military’s genocidal actions and now returning to house detention once again, feelings towards Aung San Suu Kyi have grown more complicated over the past few years to say the least. And while she and the NLD remain beloved by many in Burma, this last year has brought into stark relief the aging leadership of the party. While criminal sentences against the Aung San Suu Kyi and other senior NLD leaders still make the news, the base of power has begun to move beyond these elders. Transitions take time, but this one is underway. The End of the 2008 Constitution The 2008 Constitution enshrined military impunity and placed the Tatmadaw permanently beyond the reach of either civilian political control or judicial oversight. The February 2021 actions of the military ironically have caused a break with the Constitution that it wrote. Though the military allegedly attempted to force NLD President Win Myint to step down so they could take power under the veneer of legitimacy, his refusal and their subsequent attempt to seize power through force undermined the 2008 Constitution.In April, the predecessor to the NUG announced that the 2008 Constitution was no longer valid and promised a system with equal protections for all. A proposed replacement constitution, called the Federal Democracy Charter, was published with the announcement. Recently, a revised draft of the Charter was approved in a People’s Assembly held by a broad coalition (the National Unity Consultative Council or NUCC), confirming that the diverse membership of the NUCC considers the Charter to be the country’s interim constitutional document. While some have expressed skepticism, fearing that the lofty promises of equal protection are rhetoric without substantive, feasible strategies for improving the lives of ethnic and religious minorities, it is almost impossible to imagine a return to the 2008 Constitution. The End of a Failed Peace Process For the past decade, the Tatmadaw (and the NLD) consistently suggested to the world that efforts were ongoing to achieve lasting peace to conflicts in various border areas where ethnic nationalities tend to comprise the majority of the population and which have been in conflict with the Tatmadaw for decades. For example, in 2016 the Tatmadaw announced a “national” “ceasefire” agreement, a misnomer both because it did not involve all the major armed groups and because fighting has persisted and even intensified over the past decade. This past year has refuted the existence of any credible peace process, paving the way going forward for either ongoing conflict or, more hopefully, some entirely new peace initiative. ASEAN Slights Min Aung Hlaing The Association of Southeast Asian Nations (ASEAN) has been rightly criticized for failing to adequately respond to the military’s actions in Myanmar; none of the points in its five-point consensus plan from April 2021 to address the situation have seen significant progress. Yet during its October summit, ASEAN boldly excluded the Tatmadaw, and several countries at the summit directly criticized the military leadership. The issue of attendance remains unresolved, and expecting much more from ASEAN may be unrealistic with Cambodia — itself an autocracy — as the chair during the next year. Yet the fact that the group directly confronted the Tatmadaw in the way it did in October 2021 is unprecedented. It signals that ASEAN is keeping its options open as to where to place its allegiance in the new era and no longer blindly supporting the military. International Recognition In September of last year, the United States and China reached an informal agreement barring the Tatmadaw from being seated at the United Nations, undermining its attempts to gain international legitimacy. The General Assembly recently agreed to defer action on who would represent Myanmar at the United Nations, meaning that the current ambassador, Kyaw Moe Tun, who is loyal to the NUG and has in fact been “fired” by the Tatmadaw, will remain in place until the issue is resolved. While not a definitive win for either the NUG or the military, as with ASEAN keeping its options open, the recognition stalemate means that the military can no longer assume that its power grabs will lead to a place at the table internationally. Businesses Exit The old era included an opening up of the country to foreign direct investment, including to vast natural gas deposits in the early 1990s. The Tatmadaw benefited immensely from international investments, enjoying both material profits from partnering with international corporations to extract natural resources and gains in legitimacy that came with these partnerships. But in response to the deteriorating political and human rights situation over the past few months, Chevron (which bought Unocal, the original investor in Burma) and TotalEnergies (Total) announced earlier this year that they were withdrawing from Myanmar after 30 years. Woodside Petroleum followed Chevron and Total shortly thereafter, and other companies have pulled out as well. While this is not the only time businesses have exited the country, it is a dramatic reversal from the last ten years. Moreover, the inclusion of giants Chevron and Total in the exodus is a telling indication that even the most stalwart of holdouts from the previous era have broken with the military. The International Criminal Court and International Accountability While there has been significant progress around international accountability in Myanmar in recent years — from the Gambia’s case at the ICJ, to the International Criminal Court’s (ICC) investigation, to the creation of the Independent Investigative Mechanism for Myanmar (IIMM), to the acceptance by an Argentinian court of jurisdiction over crimes committed against the Rohingya — the NUG’s deposit of a letter with the ICC accepting jurisdiction by the Court for international crimes dating back to 2002 anywhere in the country is a major development. This letter signals the NUG’s commitment to join the international community, adhere to the rule of law, and address grave crimes throughout the country. The ICC should recognize the letter and authorize additional investigations beyond the Rohingya into international crimes, both historical and ongoing. Prospects for Conflict or Peace Despite these major developments and potential promise of this new era, many see a grim immediate prognosis defined by an escalation in violence as the conflict expands geographically and intensifies militarily. Predictably, civilians are likely to pay the largest price. The dominant view is also that for the foreseeable future, neither the military nor the NUG and Ethnic Armed Organizations (EAOs) can achieve outright military victory, raising the specter of a protracted and messy conflict. Nonetheless, as Myanmar enters this new era, a crucial question remains: what is the recipe that will change the balance of power to permanently end the Tatmadaw’s continuous destabilizing effects? After all, the destabilizing force in Burmese politics over the last 75 years has been the Burmese military. Despite three elections over the past decade, never have civilians been given genuine power to guide the country forward and never has there been a concerted effort to achieve a lasting peace across ethnic lines. With this in mind, possible paths toward such peace and stability will require the following elements. First, the CDM has the capacity to transform into a durable generational political movement that can continue to learn from its membership, evolve, and persist. The momentum behind this grassroots movement is reminiscent of the long-term political impacts of the civil rights movement in the United States and the struggle to end Apartheid in South Africa. In order to move Myanmar further forward (and away from military hegemony), the CDM’s core values of civilian power and celebration of the diversity of Burma must also persist, heralded by the youth leaders who see the opportunity for fundamental change. Second, as the NUG continues to gain legitimacy and implement initiatives like the National Unity Consultative Council, a body designed to expand the alliance against the junta and establish a roadmap for a federal democratic system, there is an open question about whether this new governing body will live up to its name. In one possible version of the future, the NUG’s eventual composition would reflect the leadership of the CDM, developing a new generation of political leaders who are committed to the “Unity” element of the NUG. The NUG has already taken certain steps in this direction, making an unprecedented public statement acknowledging the injustices suffered by Rohingya Muslims and promising that it will seek “justice and accountability” for the military’s crimes against the Rohingya and other ethnic groups. This move toward cross-ethnic solidarity in the highest levels of government will be key to establishing a new kind of durable peace in Myanmar. However, many NUG members come straight from the NLD, and traditional fissures of distrust between the NLD and ethnic nationality leadership could easily reemerge if the NUG does not commit seriously to the equality and unity of all peoples in Myanmar. The third critical factor in this equation is whether and how long the Tatmadaw can sustain its campaign of terror without cracking under the pressure. Desertions are reported by some as being at an all-time high, including both rank-and-file soldiers and officers. The Tatmadaw’s strategy to maintain nationwide control in the decades preceding the coup included a cycle of temporary ceasefires with certain ethnic groups, allowing the military to rotate its resources from suppression of one group to another. But because the military alienated nearly every group over the past year, ending many already tentative ceasefires, the Tatmadaw is now stretched thin trying to gain control in areas where it faces combined opposition from EAOs and representatives of the NUG’s Peoples Defense Force. With soldiers leaving the Tatmadaw to join the opposition and with additional collaboration between opposition forces, an increasingly desperate but still well-armed military has the potential to do enormous damage. The fighting is likely to get worse before it gets better, especially for civilians. However, this trend toward desertion combined with a unified civilian population sheds light on the cracks in the military’s grip. Finally, China, ASEAN, the West, and the international community writ large must align against the destabilizing force that is the Tatmadaw. China may speak more in terms of avoiding civil war (given its interest in stability). ASEAN may speak more in terms of political solutions and dialogue amongst all the parties (given its practice of non-interference). The West may speak more in terms of rights and sanctions. But the common interest of these players should be a permanent and durable solution with civilian rule in Burma. Such a solution would meet the interests of the key regional and international players to end the conflict, find a politically satisfying outcome, and uphold human rights and the rule of law. Like 8888, February 1, 2021, will be a date for the history books. Whether this next chapter of Myanmar’s history will bring an end to continued military rule and violent conflict and lead to a transition to democracy and peace is yet to be determined. As we mark the first anniversary of “1221” (or “2121”), however, one thing is clear: the events of the past year have reshaped Burma in fundamental ways, ushering in a new era with flickers of hope for true national unity at last..."
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Source/publisher: Just Security (New York)
2022-02-01
Date of entry/update: 2022-02-03
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Description: "Myanmar withdraws all preliminary objections to the International Court of Justice hearing on the genocide case The NUG has advised the International Court of Justice (ICJ) that Myanmar accepts the jurisdiction of the Court and withdraws all preliminary objections in the case of The Gambia v. Myanmar concerning the military operations against the Rohingya in 2016 and 2017. The ICJ and The Gambia have announced that a hearing on preliminary objections to jurisdiction will be held from 21 February 2022. The NUG wishes to make clear to all the people of Myanmar and the international community that it is the proper representative of Myanmar at the ICJ in the case. Given that the illegal military junta itself has unlawfully detained Myanmar’s agent and deputy agent to the Court, Myanmar’s Permanent Representative to the United Nations (UN) Ambassador Kyaw Moe Tun has communicated to the Court that he is the acting alternate agent under the direction of the NUG and is the only person now authorized to engage with the Court on behalf of Myanmar. With guidance from the NUG, Ambassador Kyaw Moe Tun has advised the ICJ that Myanmar withdraws its preliminary objections and accepts the Court’s jurisdiction. Those objections were procedural matters that do not address the substance of the case. Myanmar no longer views them as appropriate. Indeed, the NUG expects that this enables the Court to cancel the upcoming hearings and proceed quickly with the timetable for the hearing of the substantive case under the Genocide Convention. It would set a dangerous precedent and be inconsistent with the position of the UN General Assembly for the ICJ to accept the military junta as the representative of Myanmar. The NUG strongly believes that it would also be detrimental to the interests of Myanmar and the people of Myanmar and to the cause of justice for the Rohingya people. It appears that, through a bureaucratic idiosyncrasy, the ICJ has been communicating with former Myanmar diplomats in Brussels who are now under junta control. This may reflect past practice, but it does not accord with the present reality, the legal obligations in respect of communications with parties to cases or to the decisions of the General Assembly. Should the ICJ recognize the military, it would embolden the junta to continue and escalate its daily atrocity crimes. We also fear this may derail efforts towards international criminal accountability for the junta leaders and other perpetrators of atrocity crimes. These outcomes would be an injustice for the Rohingya people and harmful to all the people of Myanmar and the interests of all parties to the current proceedings. The NUG has repeatedly emphasized the importance of accountability for the military’s violations of international law. In the meantime, we continue to work towards international criminal accountability, including by gathering and submitting evidence to the Independent Investigative Mechanism for Myanmar (IIMM) and granting jurisdiction to the International Criminal Court (ICC) for all crimes within Myanmar covered by the Rome Statute since July 2002. Our vision is for a peaceful, democratic, and inclusive Myanmar where the Rohingya and all other Myanmar peoples will be able to thrive and enjoy their rights as citizens, and all human rights under international law. We expect the ICJ to accept Myanmar’s Permanent Representative to the UN as Myanmar’s agent..."
Source/publisher: President Office, National Unity Government
2022-02-01
Date of entry/update: 2022-02-01
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Description: "ဂမ်ဘီယာနိုင်ငံနှင့် အပြည်ပြည်ဆိုင်ရာတရားရုံးသည် ဖေဖေါ်ဝါရီလ ၂၁ ရက်နေ့တွင် မြန်မာနိုင်ငံအား တရားစွဲဆိုထားသည့် အမှုနှင့်ပတ်သက်၍ ကြားနာမှုတစ်ခုပြုလုပ်ရန် စီစဉ်ထားကြောင်း ထုတ်ပြန်ကြေညာခဲ့သည်။ အမျိုးသားညီညွတ်ရေးအစိုးရ အနေဖြင့် ဂမ်ဘီယာနှင့် မြန်မာနိုင်ငံအမှုတွင် အပြည်ပြည်ဆိုင်ရာ တရားရုံး၌ မြန်မာနိုင်ငံအား ကိုယ်စားပြုမှုဆိုင်ရာ မိမိတို့၏ အခွင့်အရေးကို အတည်ပြုနိုင်ရန် ကြိုးစားဆောင်ရွက်လျှက် ရှိကြောင်း မြန်မာပြည်သူတရပ်လုံးနှင့် နိုင်ငံတကာအသိုင်းအဝိုင်းအား ရှင်းလင်းစွာ သိစေအပ် ပါသည်။ စစ်တပ်အား မြန်မာနိုင်ငံ၏ ကိုယ်စားလှယ်အနေဖြင့် အပြည်ပြည်ဆိုင်ရာတရားရုံးတွင် လက်ခံမည်ဆိုပါက ကုလသမဂ္ဂ အထွေထွေညီလာခံ၏ ရပ်တည်ချက်သဘောထားများနှင့် ညီညွတ်မှုမရှိပဲ အန္တရာယ်ရှိသော အစဉ်အလာ တစ်ရပ်ကို ချမှတ်ပေးသကဲ့သို့ ဖြစ်နိုင်ပါသည်။ ဗျူရိုကရေစီယန္တရား၏ မဖြစ်သင့်သော လွဲမှားဆောင်ရွက်မှုကြောင့် အပြည်ပြည်ဆိုင်ရာ တရားရုံးသည် စစ်တပ်က ထိန်းချုပ်ထားသော တရားမဝင်သည့် ဘရပ်ဆယ်လ်မြို့ရှိ သံရုံးနှင့် ဆက်သွယ်ဆောင်ရွက်လျှက်ရှိကြောင်း ထင်ရှားလျှက်ရှိသည်။ ဤအချက်သည် ဥပဒေ၏ အနှစ်သာရနှင့် မကိုက်ညီသကဲ့သို့ နိုင်ငံတကာအသိုင်းအဝိုင်း၏ နိုင်ငံရေးအရ ဆုံးဖြတ် သတ်မှတ်ချက်ကိုလည်း ထင်ဟပ်ခြင်းမရှိပါ။မြန်မာနိုင်ငံ၏ တရားရုံးဆိုင်ရာ ကိုယ်စားလှယ် (agent) နှင့် ကိုယ်ခွဲကိုယ်စားလှယ် (Alternate agent) တို့ကို စစ်တပ်က တရားဥပဒေနှင့် အညီမဟုတ်ပဲ ဖမ်းဆီးထိန်းသိမ်းထားချိန်တွင် အမျိုးသားညီညွတ်ရေးအစိုးရက မြန်မာနိုင်ငံ၏ ကုလသမဂ္ဂဆိုင်ရာ အမြဲတမ်းကိုယ်စားလှယ် သံအမတ်ကြီး ဦးကျော်မိုးထွန်းသာလျှင် မြန်မာနိုင်ငံကိုယ်စား တရားရုံးနှင့် ဆက်သွယ်ဆောင်ရွက်မည့် တစ်ဦးတည်းသော တာဝန်ရှိသူ ဖြစ်ပြီး ကိုယ်စားပြု ဆောင်ရွက်နိုင်သည့် ကိုယ်စားလှယ် (acting alternate agent) ဖြစ်ကြောင်း သံအမတ်ကြီးမှတဆင့် တရားရုံးသို့ ဆက်သွယ်အသိပေးပြီးဖြစ်သည်။ အမျိုးသားညီညွတ်ရေးအစိုးရအနေဖြင့် သံအမတ်ကြီး ဦးကျော်မိုးထွန်းမှတဆင့် မြန်မာနိုင်ငံ အနေဖြင့် ကနဦးကန့်ကွက်ချက် (preliminary objection) အား ပြန်လည်ရုတ်သိမ်းပြီး တရားရုံး၏ တရားစီရင်မှု အခွင့်အာဏာကို လက်ခံကြောင်း တရားရုံးသို့ အကြောင်းပြန်ခဲ့ပြီး ဖြစ်သည်။ အဆိုပါ ကန့်ကွက်ချက်များသည် လုပ်ထုံးလုပ်နည်းဆိုင်ရာ ကိစ္စရပ်များသာ ဖြစ်ပြီး အမှု၏ အကြောင်းအရာနှင့် သက်ဆိုင်မှုရှိသည်ဟု မဆိုနိုင်ပါ။ မြန်မာအစိုးရအနေဖြင့် အဆိုပါကိစ္စများကို လိုအပ်ချက်များအဖြစ် မယူဆတော့ပါ။ ဤသို့သဘောထားမှုကြောင့် တရားရုံးအနေဖြင့် လာမည့်ကြားနာစစ်ဆေးမှုကို ဖျက်သိမ်းပြီး ကုလသမဂ္ဂအထွေထွေ ညီလာခံ၏ ဆုံးဖြတ်ချက်များကို ချိုးဖောက်နေသော စစ်တပ်အား တဖက်သတ် အသိအမှတ် ပြုရာရောက်သည့် အန္တရာယ်ရှိသော အစဉ်အလာတစ်ရပ် ချမှတ်မိခြင်းကိုလည်း ရှောင်ရှားနိုင် သည့် အခွင့်အလမ်းကို ရရှိထားပြီး ဖြစ်သည်ဟု ယူဆပါသည်။ အပြည်ပြည်ဆိုင်ရာ တရားရုံးက စစ်တပ်ကို အသိအမှတ်ပြုလိုက်မည်ဆိုလျှင် ၎င်းနေ့စဉ် ကျူးလွန်လျှက်ရှိသည့် ရက်စက်ကြမ်းကြုတ်သော ရာဇဝတ်မှုများကို ဆက်လက်တိုးမြှင့် ကျူးလွန်ရန် အားပေးသကဲ့သို့ ဖြစ်ပါလိမ့်မည်။ ဤသို့ပြုမှုခြင်းကြောင့် နိုင်ငံတကာရာဇဝတ်မှု ဆိုင်ရာ တာဝန်ခံမှုအတွက် ကြိုးပမ်းအားထုတ်မှုများကိုလည်း နှောင့်နှေးကြန့်ကြာစေမည်ကို စိုးရိမ်မိပါသည်။ ဤသို့ဖြစ်လာမည်ဆိုပါက မြန်မာပြည်သူအားလုံးနှင့် လက်ရှိ တရားစီရင်မှုနှင့် သက်ဆိုင်သူအားလုံး၏ အကျိုးစီးပွားကို ထိခိုက်စေမည်ဖြစ်သည်။ အမျိုးသားညီညွတ်ရေးအစိုးရအနေဖြင့် စစ်တပ်၏ နိုင်ငံတကာဥပဒေကို ချိုးဖောက်မှုများ အပေါ် တာဝန်ယူ၊ တာဝန်ခံမှု၏ အရေးကြီးပုံကို ထပ်ခါတလဲလဲ အလေးထားဖေါ်ပြခဲ့ပြီး ဖြစ်သည်။ မြန်မာနိုင်ငံဆိုင်ရာ လွတ်လပ်သော စုံစမ်းစစ်ဆေးမှု ယန္တရား (IIMM) အား အချက်အလက်များ စုဆောင်း ကောက်ယူ ပေးပို့ခြင်းနှင့် ၂၀၀၂ ခုနှစ် ဇူလိုင်လမှ စတင်ကာ ရောမစာချုပ် (Rome Statute) အရ အကြုံးဝင်သော မြန်မာပြည်အတွင်း ကျူးလွန်ခဲ့သည့် ရာဇဝတ်မှုများအားလုံးအတွက် အပြည်ပြည်ဆိုင်ရာ ရာဇဝတ်ခုံရုံး (ICC) ၏ တရားစီရင်မှု အခွင့်အာဏာကို လက်ခံခွင့်ပြုခြင်း အပါအဝင် နိုင်ငံတကာ ရာဇဝတ်မှု ဆိုင်ရာ တာဝန်ယူ၊ တာဝန်ခံမှုတို့အတွက် အမျိုးသားညီညွတ်ရေးအစိုးရက ဆက်လက်ဆောင်ရွက်လျှက်ရှိသည်။ ကျွန်ုပ်တို့၏ မျှော်မှန်းချက်သည် ငြိမ်းချမ်းသော၊ ဒီမိုကရေစီနည်းကျပြီး ရိုဟင်ဂျာပြည်သူများ အပါအဝင် ပြည်သူတစ်ရပ်လုံးပါဝင်နိုင်သော ပြည်ထောင်စုမြန်မာနိုင်ငံတော်ကြီး ဆက်လက် ရှင်သန်ဖွံ့ဖြိုးလျှက် အခွင့်အရေး အားလုံး ခံစားရရှိနိုင်ရန်ဖြစ်သည်။ မြန်မာနိုင်ငံ၏ ကုလသမဂ္ဂဆိုင်ရာ အမြဲတမ်းကိုယ်စားလှယ်အား တရားရုံးအတွက် မြန်မာနိုင်ငံဆိုင်ရာ ကိုယ်စားပြု ကိုယ်စားလှယ်အဖြစ် လက်ခံကြောင်း ရှင်းလင်းပြောကြား ပေးပါရန် အပြည်ပြည်ဆိုင်ရာ တရားရုံးအား တောင်းဆိုအပ်ပါသည်။..."
Source/publisher: President Office, National Unity Government
2022-02-01
Date of entry/update: 2022-02-01
Grouping: Individual Documents
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Sub-title: Returned Refugees Face Risks to Life, Liberty Under Oppressive Junta
Description: "The Indian government should halt any plans to deport ethnic Rohingya and others to Myanmar, where they would be at risk from its oppressive military junta, Human Rights Watch said today. On March 6, 2021, the authorities in Jammu and Kashmir detained nearly 170 Rohingya, sent them to a holding center as part of a verification process, and said they plan to deport them. Myanmar authorities have also asked the Indian government to return eight police officers who with their families sought refuge in India after the military coup. Since the February 1 coup, when the Myanmar military overthrew the democratically elected government, the security forces have used excessive and lethal force against peaceful protesters throughout the country. They have killed at least 55 people and carried out hundreds of arbitrary arrests and detentions including enforced disappearances. The junta has amended laws to strip away basic rights, brought politically motivated prosecutions, and intermittently blocked internet access. “Any plan to forcibly return Rohingya and others to Myanmar will put them back in the grip of the oppressive military junta that they fled,” said Meenakshi Ganguly, South Asia director. “Myanmar’s long-abusive military is even more lawless now that it is back in power, and the Indian government should uphold its international law obligations and protect those in need of refuge within its borders.” The recent detention of Rohingya in Jammu and Kashmir follows the Indian government’s announcement in 2017 that it would deport all Rohingya, whom they consider to be “illegal immigrants.” Since October 2018, the Indian government has deported 12 Rohingya to Myanmar, claiming that they left voluntarily. Many Rohingya in Jammu and Kashmir say that they hold identity documents issued by the United Nations High Commissioner for Refugees (UNHCR) and that they feared for their safety in Myanmar. Over a million Rohingya have fled Myanmar, primarily to Bangladesh, most of them since the military’s campaign of ethnic cleansing that began in August 2017. The 600,000 Rohingya remaining in Myanmar’s Rakhine State face severe repression and violence, with no freedom of movement, no access to citizenship, or other basic rights. Abuses against the Rohingya in Rakhine State amount to the crimes against humanity of apartheid and persecution, Human Rights Watch said. “We are not ready to go back, until the situation improves in Myanmar,” said Mohammad Saleem, 42, a Rohingya refugee in Jammu and Kashmir. “It is extremely distressing for us to be sent back to Myanmar against our wishes.” Indian authorities nonetheless say that they will deport Rohingya irregular immigrants not holding valid travel documents required under the Foreigners Act. But any forcible returns to Myanmar will violate the international legal principle of non-refoulement, which prohibits countries from returning anyone to a country where they may face persecution, torture, or other serious harm, Human Rights Watch said. Although India is not a party to the 1951 UN Refugee Convention or its 1967 Protocol, non-refoulement is recognized as customary international law and is binding on all countries. Human Rights Watch has extensively documented rampant and systemic human rights violations against the Rohingya in Myanmar. The International Court of Justice (ICJ) in January 2020 imposed provisional measures on Myanmar to prevent genocide while it adjudicates alleged violations of the Genocide Convention. The International Criminal Court (ICC) in November 2019 began an investigation into Myanmar’s forced deportation of Rohingya and related crimes against humanity..."
Source/publisher: "Human Rights Watch" (USA)
2021-03-10
Date of entry/update: 2021-03-10
Grouping: Individual Documents
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Description: "At the end of August 2018, as this book was about to go to press,the United Nations Human Rights Council (UNHRC) released its report summarizing the main endings and recommendations of its Independent International Fact-Finding Mission on Myanmar. Thereport outlines serious human rights violations and abuses in Kachin,Shan and Rakhine States. It recommends that six senior military agures be investigated for genocide against the Rohingya, including Myanmar’s armed forces commander-in-chief Senior General MinAung Hlaing, and that the case be taken up by the InternationalCriminal Court (ICC), or alternatively that an ad hoc internationalcriminal tribunal be created (Human Rights Council 2018). 1 The report notes that “The role of social media is significant. Facebook has been a useful instrument for those seeking to spread hate, in a contextwhere for most users Facebook is the internet. Although improved inrecent months, Facebook’s response has been slow and ineffective” p. 74). Facebook quickly responded to the report’s release byremoving the accounts of eighteen high-profile army figures in Myanmar, including Senior General Min Aung Hlaing, and fifty-two Facebook pages, which had a combined total following of close totwelve million users (Facebook 2018).A few days later, two Reuters journalists, Wa Lone and Kyaw Soe Oo, were sentenced to seven years in prison under the Official Secrets Act over accusations of holding secret government documentsthat they intended to share with international media and the ethnicarmed group Arakan Army (Sithu Aung Myint 2018). The two werearrested in December 2017 after investigating a massacre of Rohingyamen and boys in the coastal town of Inn Din in northern Rakhine State. After responding to a call from police officers, who met them in a restaurant and handed them documents, the journalists were arrestedfor having the documents in their possession. As they were beingtaken away from the court after the sentencing, Wa Lone was quotedas saying, “We know we did nothing wrong. I have no fear. I believein justice, democracy and freedom” (Shoon Naing and Aye Min Thant2018, 122). The arrest and subsequent sentencing were met with nationaland international condemnation, as was the rejection of their appealin early 2019. At a public protest to call for their release, organizer EiEi Moe, from the pro-democracy youth movement Generation Wave,described their jailing as “blocking the eyes and blinding the ears ofthe public” (Dunant and Su Myat Mon 2018, 115). 2 These events underscore the complexities of Myanmar’s muchlauded “transition”. Celebrated early on for the release of imprisoned journalists and the end of pre-publication censorship, hopes forincreased freedom of expression and media freedom were tempered by the crackdown that followed. Much has happened in the mediasector since the controversial elections in 2010 organized by themilitary junta and boycotted by Aung San Suu Kyi and the NationalLeague for Democracy (NLD), including reforms to laws that hadrepressed the media for decades. Some argue that these changes area continuation of the military government’s Seven Step Roadmap toDisciplined Democracy, announced in 2003 (see the interview withThiha Saw, this volume; Lall 2016; Rogers 2012)..."
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Source/publisher: Academia.edu (USA)
2018-08-31
Date of entry/update: 2020-02-09
Grouping: Individual Documents
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Format : pdf
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Description: "နယ်သာလန်နိုင်ငံက ICJ တရားရုံးအထိ ကိုယ်တိုင်သွားပြီး နိုင်ငံ့ကိုယ်စား ဦးဆောင်ရင်ဆိုင်ရဲတဲ့ ဒေါ်အောင် ဆန်းစုကြည်ရဲ့လုပ်ရပ်ကို ကြိဆိုထောက်ခံတယ်လို့ ဝါရင့် လူ့အခွင့်အရေးလှုပ်ရှားသူ Equality Myanmar ရဲ့ အမှုဆောင်ဒါရိုက်တာ ဦးအောင်မျိုးမင်းကပြောပါတယ်။ One News က ဦးထက်အောင်ကျော်နဲ့ သီးသန့် မေးမြန်းခန်းအတွင်း သူက အဲဒီလိုပြောခဲ့တာပါ။ အခု ထုတ်လွှင့်ပေးမယ့် မေးမြန်းချက် ပထမ ပိုင်းမှာတော့… ICJ နဲ့ ICC ဘာကွာသလဲ၊ ICC က စွပ်စွဲစဉ်က ဘာမှမတုန့်ပြန်ဘဲ ICJ ပြောမှ နိုင်ငံတော်အတိုင်ပင်ခံပုဂ္ဂိုလ်ကိုယ်တိုင် သွားရောက်ဖြေရှင်းတာ ဘာကြောင့်လဲ၊ တရားရုံးရဲ့ ဆုံးဖြတ်ချက်က ဘာဖြစ်နိုင်သလဲ၊ လူထုထောက်ခံပွဲတွေက ဒေါ်အောင်ဆန်းစုကြည်ကို ထောက်ခံ တာအပြင် ရခိုင်အရေးဖြစ်စဉ်တွေအပေါ်ပါ ကရက်ရိုက်မှုရှိလာနိုင်သလား… စတဲ့အကြောင်းအရာတွေကို ဆွေးနွေးတင်ပြထားပါတယ်။..."
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Source/publisher: One News (Myanmar)
2019-12-10
Date of entry/update: 2019-12-10
Grouping: Individual Documents
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Sub-title: Members of Northern Alliance bloc of armed groups say they have evidence for prosecuting military for war crimes, genocide
Description: "A coalition of ethnic rebel groups has welcomed efforts by the international community to punish Myanmar’s military through legal processes for alleged genocide against ethnic minority groups including Rohingya Muslims in the country’s west. Three members of the Northern Alliance bloc of armed groups -- the Ta’ang National Liberation Army (TNLA), Arakan Army and Myanmar National Democratic Alliance Army -- issued a joint statement on Thursday welcoming three lawsuits against Myanmar at the International Criminal Court (ICC), the International Court of Justice (ICJ) and an Argentine court for rights violations in ethnic areas. The groups said that during the past 70 years of the ongoing civil conflict, Myanmar’s military has committed genocide, extrajudicial arrests, inhuman torture, massacres, abductions and use of gang rape as instruments of war. They added that they stand ready to cooperate and collect evidence of war crimes by the military in northeastern Shan state and western Rakhine state between 2009 and 2019 and are in full support of the international organizations that have taken up the matter with the ICC and ICJ..."
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Source/publisher: "Asia-Pacific"
2019-11-29
Date of entry/update: 2019-11-29
Grouping: Individual Documents
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Topic: Asia Pacific, Myanmar, Aung San Suu Kyi, Asia, Rohingya
Sub-title: The unit will provide advice on international criminal justice as government prepares to defend itself at The Hague.
Topic: Asia Pacific, Myanmar, Aung San Suu Kyi, Asia, Rohingya
Description: "Myanmar's government has set up a special unit on "international criminal justice" as it faces a series of lawsuits over its brutal crackdown on Rohingya Muslims in 2017. The unit is designed to strengthen legal expertise and provide opinion to government ministries in relation to international criminal law, according to a statement from the office of State Counsellor, Aung San Suu Kyi. More: Will cases brought against Myanmar deliver justice to the Rohingya? Lawsuit: Aung San Suu Kyi 'committed crimes' against Rohingya Gambia files Rohingya genocide case against Myanmar at UN court The country's de facto leader and Nobel Peace prize winner is heading the country's delegation to the United Nations' top court where it faces accusations of genocide against the Rohingya. The hearings are due to start on December 10. More than 730,000 Rohingya, most of them Muslims, fled to neighbouring Bangladesh following the brutal crackdown by the military, which UN investigators have concluded was carried out with "genocidal intent"..."
Source/publisher: "Al Jazeera" (Qatar)
2019-11-28
Date of entry/update: 2019-11-28
Grouping: Individual Documents
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Description: "opening of an ICC investigation into the situation in Bangladesh/Myanmar..."
Source/publisher: International Criminal Court (ICC) (The Hague)
2019-11-14
Date of entry/update: 2019-11-25
Grouping: Individual Documents
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Source/publisher: International Criminal Court (ICC) (The Hague)
2019-11-22
Date of entry/update: 2019-11-25
Grouping: Individual Documents
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Creator/author:
Source/publisher: International Criminal Court (ICC) (The Hague)
2019-11-22
Date of entry/update: 2019-11-25
Grouping: Individual Documents
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Creator/author:
Source/publisher: International Criminal Court (ICC) (The Hague)
2019-11-22
Date of entry/update: 2019-11-25
Grouping: Individual Documents
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Creator/author:
Source/publisher: International Criminal Court (ICC) (The Hague)
2019-11-25
Date of entry/update: 2019-11-25
Grouping: Individual Documents
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Topic: Myanmar, Rohingya, Aung San Suu Kyi, Asia Pacific ICC
Sub-title: Human rights icon Suu Kyi accused of 'tending towards the annihilation of the Rohingya', criminal complaint alleges.
Topic: Myanmar, Rohingya, Aung San Suu Kyi, Asia Pacific ICC
Description: " Before becoming Myanmar's leader, Aung San Suu Kyi spent 15 years under house arrest for defying the country's feared generals. Now, the Nobel peace laureate faces an attempt to have her imprisoned for supporting them. A lawsuit filed in Argentina on Wednesday alleges the former human rights icon contributed to a genocidal campaign against the Rohingya minority that included military-led mass killings in August 2017. More: Gambia files Rohingya genocide case against Myanmar at UN court UN chief 'deeply concerned' over Rohingya crisis Opinion: Inaction on China and India's crimes emboldens Myanmar Among other things, she oversaw government policies "tending towards the annihilation of the Rohingya", such as confining them to "ghettos" with severely limited access to healthcare and education, the lawsuit said. "For the cycle of violence to end, it is crucial that all those responsible for the genocide - whether they wear a uniform or not - are brought to justice," said Tun Khin, president of the London-based Burmese Rohingya Organisation UK (BROUK), which filed the case at a federal court in Buenos Aires. Efforts at securing justice for the Rohingya have so far largely focussed on top generals who orchestrated the 2017 killings in coastal Rakhine state, including the military's commander-in-chief Min Aung Hlaing..."
Creator/author:
Source/publisher: "Al Jazeera" (Qatar)
2019-11-15
Date of entry/update: 2019-11-15
Grouping: Individual Documents
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Description: "On the Oct.1, 2019 broadcast of "Talking Foreign Policy," Dean Scharf discusses the international response to the Rohingya genocide in Burma with five panelists, who are experts on peace negotiations, national security, human rights and war crimes. Panelists include: Ambassador Todd Buchwald, former Ambassador at Large for War Crimes.."
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Source/publisher: Case Western Reserve University School of Law (USA)
2019-10-02
Date of entry/update: 2019-10-08
Grouping: Individual Documents
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Description: 06 September 2018 | Pre-Trial Chamber I | Decision...Contains a link to the text of the Decision
Source/publisher: International Criminal Court
2018-09-06
Date of entry/update: 2018-09-08
Grouping: Individual Documents
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Description: "... In a historic decision, the ICC...granted the Prosecutor jurisdiction to investigate and possibly prosecute the crime against humanity of deportation of Rohingya to Bangladesh as well as persecution and other inhumane acts..."
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Source/publisher: International Criminal Court (No: ICC - RoC46(3) - 01/18)
2018-09-06
Date of entry/update: 2018-09-08
Grouping: Individual Documents
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Description: "...Historic decision grants court jurisdiction over forced deportation (WASHINGTON D.C. and YANGON, September 7, 2018)—The United Nations Security Council should refer the situation in Myanmar to the International Criminal Court (ICC) to investigate the full spectrum of atrocity crimes in Myanmar, Fortify Rights said today. In a historic decision, the ICC yesterday granted the Prosecutor jurisdiction to investigate and possibly prosecute the crime against humanity of deportation of Rohingya to Bangladesh as well as persecution and other inhumane acts. ?The court?s decision is monumental, but this is just a first step,” said Matthew Smith, Chief Executive Officer at Fortify Rights. ?This decision should inspire more international action, not less. An ICC referral from the Security Council now would enable the court to investigate the full spectrum of atrocities against Rohingya, Kachin, Shan, and others.”..."
Source/publisher: Fortify Rights
2018-09-07
Date of entry/update: 2018-09-08
Grouping: Individual Documents
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Description: Summary: "The Human Rights Council established the independent international fact-finding mission on Myanmar in its resolution 34/22. In accordance with its mandate, the mission focused on the situation in Kachin, Rakhine and Shan States since 2011. It also examined the infringement of fundamental freedoms, including the rights to freedom of expression, assembly and peaceful association, and the question of hate speech. The mission established consistent patterns of serious human rights violations and abuses in Kachin, Rakhine and Shan States, in addition to serious violations of international humanitarian law. These are principally committed by the Myanmar security forces, particularly the military. Their operations are based on policies, tactics and conduct that consistently fail to respect international law, including by deliberately targeting civilians. Many violations amount to the gravest crimes under international law. In the light of the pervasive culture of impunity at the domestic level, the mission finds that the impetus for accountability must come from the international community. It makes concrete recommendations to that end, including that named senior generals of the Myanmar military should be investigated and prosecuted in an international criminal tribunal for genocide, crimes against humanity and war crimes."
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Source/publisher: Human Rights Council (A/HRC/39/64) Advance Edited Version...19 pages
2018-08-27
Date of entry/update: 2018-08-27
Grouping: Individual Documents
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Size: 256.68 KB
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Description: "Members of parliament have called for Myanmar military to be brought to justice for its ?murderous operation?...More than 130 members of parliament, across five countries in south-east Asia, have demanded that Myanmar be investigated by the International Criminal Court (ICC), the most united condemnation from the region since the violence began against the Rohingya a year ago. In a joint statement released by Asean Parliamentarians for Human Rights, they called for the Myanmar military to be ?brought to justice” for its ? murderous operation in Rakhine State”...".....See also further Rohingya articles on the page
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Source/publisher: "The Guardian"
2018-08-24
Date of entry/update: 2018-08-25
Grouping: Individual Documents
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Description: SPEAKERS: Afghanistan, Ms Suraya Dalil... Bangladesh, Mr. Md. Emdadul Islam Chowdhury... Luxembourg, Ms. Anne Goedert... Estonia, Ms. Triinu Kallas... Russian Federation, Mr. Evgeny Ustinov... Turkey, Mr. Ali Naci Koru... Lao People?s Democratic Republic, Mr. Kittiphone Sayaphet... Ireland, Ms. Amy Sheils... Belarus, Mr. Andrei Taranda... Maldives, Ms. Hala Hameed... United Kingdom of Great Britain and Northern Ireland, Ms. Miriam Shearman... Viet Nam, Ms. Le Duc Hanh... Human Rights Now, Mr. Nicolas Torres Vieira... Amnesty International, Ms. Laura Haigh... International Federation for Human Rights Leagues, Ms. Manon Karatas... Lawyers? Rights Watch Canada, Ms. Helene Ramos Dos Santos... Alliance Defending Freedom, Ms. Mariam Gomez de Aguero... Asian Forum for Human Rights and Development, Ms. Khin Ohmar... International-Lawyers.Org, Ms. Jennifer D. Tapia... Human Rights Watch, Mr. John Fischer... Christian Solidarity Worldwide, Ms. Claire Denman... Ms. Yanghee Lee, Special Rapporteur on the situation of HR in Myanmar (Final Remarks).
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Source/publisher: UN Human Rights Council
2018-06-27
Date of entry/update: 2018-06-28
Grouping: Individual Documents
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Description: SPEAKERS: Ms. Yanghee Lee, Special Rapporteur on the situation of HR in Myanmar (Introduction)... Myanmar (Concerned Country), Mr. Htin Lynn... European Union, Mr. Peter Sorensen... Canada, Ms. Rosemary Mccarney... Poland, Mr. Zbigniew Czech... Thailand, Mr. Sek Wannamethee... Czech Republic, Mr. Michal Kaplan... Japan, Ms. Mitsuko Shino... Sweden, Ms. Veronika Bard... Belgium, Mr. Karl Dhaene... Iraq, Mr. Yahya Ibraheem Fadhil Al-Obaidi... Germany, Mr. Gunnar Schneider... France, Mr. Francois Gave... Australia, Ms. Sally Mansfield... Denmark, Mr. Carsten Staur... Norway, Mr. Kjetil Elsebutangen... Netherlands, Ms. Marianne de Jong... OIC, Mr. Rashid Al Balushi... Iran (Islamic Republic of), Ms. Alyaa Ihsan Abbood Alsayegh... Liechtenstein, Mr. Claudio Silvio Nardi... Republic of Korea, Mr. Jang-Keun Lee... Ms. Yanghee Lee, Special Rapporteur on the situation of HR in Myanmar (Comments and Answers) Saudi Arabia, Mr. Fahad Obaydullah Almutairi Indonesia, Mr. Irwansyah Mukhlis New Zealand, Ms. Katy Diane Donnelly... Venezuela (Bolivarian Republic of), Mr. Edgardo Toro Carreño... Mexico, Ms. Emilia Hernández Martínez... China, Mr. Zhang Sisi.
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Source/publisher: UN Human Rights Council
2018-06-27
Date of entry/update: 2018-06-28
Grouping: Individual Documents
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Description: Executive Summary: "Early in the morning of 25 August 2017, a Rohingya armed group known as the Arakan Rohingya Salvation Army (ARSA) launched coordinated attacks on security force posts in northern Rakhine State, Myanmar. In the days, weeks, and months that followed, the Myanmar security forces, led by the Myanmar Army, attacked the entire Rohingya population in villages across northern Rakhine State. In the 10 months after 25 August, the Myanmar security forces drove more than 702,000 women, men, and children—more than 80 per cent of the Rohingya who lived in northern Rakhine State at the crisis?s outset— into neighbouring Bangladesh. The ethnic cleansing of the Rohingya population was achieved by a relentless and systematic campaign in which the Myanmar security forces unlawfully killed thousands of Rohingya, including young children; raped and committed other sexual violence against hundreds of Rohingya women and girls; tortured Rohingya men and boys in detention sites; pushed Rohingya communities toward starvation by burning markets and blocking access to farmland; and burned hundreds of Rohingya villages in a targeted and deliberate manner. These crimes amount to crimes against humanity under international law, as they were perpetrated as part of a widespread and systematic attack against the Rohingya population. Amnesty International has evidence of nine of the 11 crimes against humanity listed in the Rome Statute of the International Criminal Court being committed since 25 August 2017, including murder, torture, deportation or forcible transfer, rape and other sexual violence, persecution, enforced disappearance, and other inhumane acts, such as forced starvation. Amnesty International also has evidence that responsibility for these crimes extends to the highest levels of the military, including Senior General Min Aung Hlaing, the Commander-in-Chief of the Defence Services. This report is based on more than 400 interviews carried out between September 2017 and June 2018, including during four research missions to the refugee camps in Bangladesh and three missions to Myanmar, one of which was to Rakhine State. The interviews were overwhelmingly with survivors and direct witnesses to crimes. Amnesty International sought out people from different ethnic and religious communities from northern Rakhine State, including Rohingya, a predominantly Muslim group; ethnic Rakhine, Mro, Khami, and Thet, all predominantly Buddhist groups; and Hindu. In addition to survivors and witnesses, Amnesty International interviewed humanitarian aid workers in Bangladesh and Myanmar; medical professionals in Bangladesh who had treated violence-related injuries among Rohingya refugees; analysts of the Myanmar military; diplomats; journalists; and local administrative officials in Myanmar, known as Village Administrators. The report also draws on an extensive analysis of satellite imagery and data; forensic medical examination of injury photographs; authenticated photographic and video material taken by Rohingya in northern Rakhine State; confidential documents, particularly on the Myanmar military?s command structure; and open source investigations and analysis, including of Facebook posts related to the Myanmar military..."
Source/publisher: Amnesty International (ASA 16/8630/2018)
2018-06-27
Date of entry/update: 2018-06-27
Grouping: Individual Documents
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Size: 6.13 MB
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Description: "NAYPYITAW — The government will not respond to a request that the International Criminal Court (ICC) consider opening a case over the alleged deportation of hundreds of thousands of Rohingya Muslims to Bangladesh, government spokesman U Zaw Htay said. ?The ICC has nothing to do with Myanmar. Whatever [steps toward] prosecution the ICC has made, Myanmar has no reason to respond,” U Zaw Htay told The Irrawaddy on Friday. The President?s Office called the ICC?s demand a deliberate attempt to increase international attention and pressure on the Myanmar government. It said the ICC?s demand is not in line with international law, rules, regulations or procedures. In a decision published on Thursday, the ICC asked Myanmar to respond by July 27 to a request made in April that the ICC exercise jurisdiction over the alleged crimes. The ICC asked Myanmar to submit its views on the court?s jurisdiction and the circumstances surrounding the movement of Rohingya across the border into Bangladesh..."
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Source/publisher: "The Irrawaddy"
2018-06-25
Date of entry/update: 2018-06-26
Grouping: Individual Documents
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Description: Related documents: 07 May 2018, Decision Inviting the Competent Authorities of the People?s Republic of Bangladesh to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the ?Prosecution?s Request for a Ruling on Jurisdiction under Article 19(3) of the (0.36 MB | 5 Pages) ICC-RoC46(3)-01/18-3 | Pre-Trial Chamber I 11 April 2018, Decision assigning the ?Prosecution?s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute” to Pre-Trial Chamber I (0.39 MB | 4 Pages) ICC-RoC46(3)-01/18-2 | President of the Pre-Trial Division 09 April 2018, Prosecution?s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute (0.86 MB | 31 Pages) ICC-RoC46(3)-01/18-1 | Office of the Prosecutor
Source/publisher: International Criminal Court (ICC)
2018-06-21
Date of entry/update: 2018-06-24
Grouping: Individual Documents
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Description: ICC gives Myanmar until July 27 to respond to a request on whether it should exercise jurisdiction over alleged crimes.
Source/publisher: Aljazeera
2018-06-24
Date of entry/update: 2018-06-24
Grouping: Individual Documents
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