HRC53: Human rights mechanisms on Myanmar stress the dire humanitarian situation in the country
53rd session of the Human Rights Council
19th June – 14th July 2023
Item 2: Annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General and Item 4: Human rights situations that require the Council’s attention
21st June and 06th July 2023
By Luísa Barbosa / GICJ
Executive Summary
On 21st June 2023, the Human Rights Council (HRC) held a Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar. During this opportunity for discussion, the Council heard four panellists who asserted the urgent need to address the root causes of the crisis. They strongly argued that the eventual repatriation of the Rohingya population to their homeland must happen in a sustainable, safe, and, most importantly, voluntary manner. In the meantime, the international community was called on to take concrete action to improve the conditions of Rohingya refugees in host countries.
The situation in Myanmar was once again the object of discussion at the 25th regular meeting of the HRC on 6th July 2023. During this session, the HRC held an Interactive Dialogue on the Written Update of the High Commissioner on Human Rights in Myanmar and on the Oral Progress Report of the Special Rapporteur on Myanmar.
Geneva International Centre for Justice (GICJ) supports the essential work of both the High Commissioner for Human Rights and the Special Rapporteur in Myanmar. We condemn the ongoing violence in Myanmar and the lack of action by the international community in reaction to it. GICJ urges all States to refrain from providing the Myanmar military with weapons used to commit war crimes and to attack civilians and civilian infrastructure. Regarding the Rohingya crisis, we call on the international community to double its efforts to improve the conditions of Rohingya refugees in host countries and campsites.
Background
Rohingya Muslims are an ethnic minority originally from Buddhist Myanmar, formerly known as Burma. The Rohingya are not recognised as an official ethnic group in Myanmar and have been denied citizenship since 1982, suffering decades of violence, discrimination and persecution in Myanmar. The Rohingya are the world’s largest stateless population, which affects their civil, cultural, economic, political, and social rights. Their largest exodus began in August 2017, following a wave of violence in Rakhine State and forcing over 700,000 people to seek refuge in neighbouring countries.
Currently, the Rohingya Muslims continue to be subject to institutionalised and long-standing persecution that perpetuates a cycle of marginalisation, systemic discrimination, and poverty, leading to serious violations of their human rights. Moreover, since February of 2021, when Myanmar’s military took over power of the country, violence has been widespread, leading to further internal displacement in the country.
Due to this appalling situation, the HRC, through Resolution 50/3 of 7th of July 2022, decided to hold a panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar at its 53rd session. In addition, the human rights situation in Myanmar was analysed under Agenda Item 4 with an Interactive Dialogue on the written update of the High Commissioner for Human Rights on Myanmar and with an Interactive Dialogue on the oral progress report of the special rapporteur on Myanmar.
Report of the United Nations High Commissioner for Human Rights on the Situation of Human Rights in Myanmar since 1st February 2021
The report focused on the identification of trends and patterns of human rights violations in Myanmar between 1st February 2021 and 30th April 2023. It was especially dedicated to the human rights impact of the denial of humanitarian access.
The report asserted that the military developed a “four cuts strategy” against the civilian population, especially ethnic armed organisations, anti-military armed groups, and civilians perceived to support them. The strategy relies on cutting off the population’s access to food, funds, intelligence, and recruits through the systemic implementation of tactics, such as the burning of villages, airstrikes, arbitrary arrests, enforced disappearances, torture and ill-treatment. This limitation of movement, denial of humanitarian assistance and use of “scorched earth tactics” were seen as a continuous violation of the civilian population’s human rights by the report.
It was also highlighted that food insecurity is on the rise in Myanmar, with 15.2 million people requiring food and nutrition assistance. Additionally, the report affirmed the direct attacks on healthcare personnel and infrastructure and the severe restrictions on freedom of movement through the delay and denial of visas and the establishment of checkpoints, which amount to yet another violation of the civilian population’s rights.
The security and safety of humanitarian actors were also addressed by the report. Humanitarian workers are subject to arrest, harassment, intimidation, detention, mistreatment, and even death. Furthermore, the report denounced the restriction on mobile data and call services determined by the military. These measures affect the ability of populations in need to seek aid and hamper the work of humanitarian aid institutions. Also, the report condemned the extensive presence of anti-personnel landmines, explosives remnants of war and other unexploded ordnances across the country, which pose a significant threat to displaced populations in seek of humanitarian aid.
The report ultimately found that the Myanmar military is the most responsible for the negative impact on the enjoyment of human rights and on the delivery of humanitarian action due to its establishment of an all-encompassing system of control based on the instrumentalisation of legal and administrative spheres in Myanmar. It was recommended that Myanmar’s military authorities immediately cease all violence and attacks directed at the civilian population and infrastructure, urging its compliance with international human rights law and humanitarian law. The OHCHR also recommended the UN Security Council take steps to refer the situation in Myanmar to the International Criminal Court and appealed to the member States to ensure the different humanitarian response plans are adequately funded.
Panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar
On the 21st June 2023, the HRC held a panel discussion on the measures necessary to find durable solutions to the Rohingya crisis and to end all forms of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar.
The floor was first given to the Deputy High Commissioner for Human Rights, Ms. Nada al-Nashif, who provided a comprehensive overview of the Rohingya crisis and the violations of human rights observed in Myanmar. She commended neighbouring countries for the reception of displaced persons deriving from Myanmar. She called upon the international community to support the Humanitarian Response Plan, which is severely defunded. Ms. al-Nashif also offered her support for international accountability efforts, such as the case brought by Gambia at the International Court of Justice. Lastly, she advocated for the establishment of a collective roadmap toward finding durable solutions anchored on human rights for the Rohingya crisis.
Then, the HRC heard four panellists, namely Ms. Yasmin Ullah, Ms. Chris Lewa, Mr. Kyaw Win, and Mr. Mohshin Habib. Ms. Yasmin Ullah recalled the impact of mass atrocities and oppressive arbitrary policies. She gave testimony on the institutional oppression that the Rohingya Muslims face and denounced the worsening of humanitarian conditions after Cyclone Mocha hit the country in May 2023. The panellist reinforced the importance of finding durable solutions for the Rohingya crisis and highlighted that such solutions depend on the translation of international solidarity into concrete action. She affirmed that durable solutions rely on the recognition of the Rohingya ethnic status - which must happen through measures in all government spheres - and on an institutional reform stemming from within Myanmar. Lastly, she called on Myanmar authorities to establish a Truth and Reconciliation Commission during the transitional justice period and urged States to refrain from providing weapons to the military.
Ms. Chris Lewa then sustained the return of the Rohingya refugees to their homeland, asserting that, for that to happen, the authorities who committed mass atrocities must be held accountable. He also recalled that the root causes of the Rohingya crisis have not yet been addressed. As an example, he mentioned the exclusion of the Rohingya population from the citizenship legislation. Ms. Lewa also brought to the attention of the Council the fact that attempts at repatriation of the Rohingya refugees have already failed twice and that all repatriation efforts from now on should focus on the voluntariness of refugee decisions. She recommended the following steps moving forward: international accountability, meaningful participation of the Rohingya population in the measures that concern them, that repatriation be voluntary and not promoted before the root causes of the discrimination are addressed, and improving the conditions of Rohingya refugees in host countries considering the principle of responsibility sharing.
The third speaker was Mr. Kyaw Win, who highlighted that the Myanmar military is currently violating the provisional measures determined by the International Court of Justice. He also asserted that the Rohingya genocide is an institutional policy, mentioning that other minorities are also suffering from this discrimination and widespread hate speech. For Mr. Win the Myanmar citizenship law is the main root cause of the Rohingya crisis, and it must be abolished. He called on the UN Security Council to refer the situation in Myanmar to the International Criminal Court, aiming to end the cycle of military impunity in the country. He concluded his statement by arguing that finding durable solutions for the Rohingya crisis means giving the community the means to stand on their own two feet, with education, health, and access to basic fundamental rights.
The last panellist was Mr. Mohshin Habib, who affirmed that the Rohingya population is the most persecuted minority in the world. He also stated that the Bangladeshi Refugee Campsite is the most densely populated area in the world, which leads to many issues, such as the establishment of human trafficking syndicates in the area, alongside a geopolitical crisis. Mr. Habib defended that, in terms of durable solutions for the Rohingya crisis, the eventual repatriation to their homeland is the answer. However, he affirmed that such repatriation shall only occur when the policies and conditions in Myanmar allow the Rohingya population to build and sustain their social and economic lives. For him, the preconditions for repatriation are the establishment of security, economic and social rights, education, and employment opportunities.
During the Interactive Dialogue, the delegate of Norway, on behalf of the group of Nordic-Baltic states, took the floor and condemned the use of force against civilians and urged for its end. It also called for accountability and for full and unhindered humanitarian access and recommended that Myanmar adopt the Safe School Declaration.
The delegate of Pakistan spoke on behalf of the OIC, deploring the longstanding persecution of the Rohingya Muslims in Myanmar and denouncing the perpetuation of this cycle of discrimination in the country. He also recommended Myanmar amend its citizenship law to address the root causes of the Rohingya discrimination, abide by the measures determined by the ICJ, and called for accountability for the violence and mass atrocities committed.
The EU delegate asserted that durable solutions for the Rohingya crisis require addressing the root causes of such crises and finding a sustainable way forward. He affirmed that victims deserve justice and that perpetrators of mass atrocities must be held accountable, highlighting the crucial role of the Independent Investigative Mechanism for Myanmar, the ICJ, and the ICC. The EU also supported the restoration of the path to democracy and maintained that conditions for the sustainable return of refugees must be established before they return. This concern was echoed by Australia and Turkey, who recalled that the current conditions are not conducive to the return of refugees.
The delegate of Bangladesh also spoke on the Rohingya crisis and its impacts. The delegate affirmed how the perpetuation of a cycle of discrimination, marginalisation, and poverty led to the repetitive mass exodus of Rohingya to Bangladesh. The delegate asserted that Bangladesh has been hosting Rohingya refugees for four decades and argued for the sustainable repatriation and reintegration of Rohingyas to their homeland. In that sense, Bangladesh announced it has established a pilot repatriation project for Rohingyas, in partnership with Myanmar, which would ensure the voluntary return of refugees to their ancestral homeland.
The delegate of Gambia highlighted the importance of accountability and asked the Panel how the international community could act more concretely to prevent the occurrence of other mass atrocities. Costa Rica’s delegate had similar concerns, asserting the unacceptable impunity of the armed forces and questioning what specific measures could be taken to end this cycle of impunity in Myanmar.
The United Kingdom’s representative argued that priority must be given to ensuring humanitarian access to deliver life-saving assistance to the Rohingyas. She asserted that until conditions improve in Myanmar, the UK will continue to advocate for the Rohingya refugees staying in camps in Bangladesh, recalling that their return must be voluntary, safe, dignified, and sustainable.
Non-governmental organisations
The floor was then given to civil society representatives, who expressed their concerns over the ongoing crisis and the deteriorating human rights situation in the context of violence in Myanmar. Overall, civil society organisations recommended the safe and sustainable resettlement and repatriation of Rohingya refugees and the need to address the root causes of the crisis. They also urged authorities in Myanmar to cooperate with human rights mechanisms and to abide by the International Court of Justice’s demands.
During this Panel, GICJ delivered a joint Oral Statement with Association Ma’onah for Human Rights and Immigration and called for immediate international action and a robust humanitarian response to this crisis. We encouraged the establishment of an independent and impartial international investigation toward accountability for mass atrocities.
In the joint statement, the two organisations expressed their concern over the aggravation of the Rohingya crisis. They called on the international community to double its efforts to improve the conditions of Rohingya refugees in host countries and campsites. GICJ and Ma’onah joined the calls for the repatriation of the Rohingya population to Myanmar in a voluntary manner and only after the root causes of the crisis have been addressed, such as establishing equal citizenship laws, permitting freedom of movement across different regions and programmes to adequately address their social and economic needs.
- Interactive Dialogue on the Written Update of the High Commissioner on Human Rights on Myanmar
On 6th July 2023, the situation in Myanmar was once again the object of discussion at the 25th regular meeting of the HRC under Agenda Item 4.
The High Commissioner for Human Rights, Mr. Volker Turk, presented his written update on the deteriorating human rights situation in Myanmar, urging an end to the widespread violence observed. Mr. Turk also reiterated the importance of neighbouring States’ actions on the protection of displaced persons, which seek refuge from the wave of violence in the country. In the same vein, he asserted that it is essential that States stop supplying weapons for the Myanmar military, especially considering that those are being used to commit war crimes and to target civilians. Lastly, he recalled the significance of pursuing accountability, directly calling on the UN Security Council to refer the situation in Myanmar to the International Criminal Court in order to put an end to this cycle of repression and isolation that has been ongoing for decades.
During the Interactive dialogue, the EU delegate condemned the military coup that took place in 2021 and asserted that the government had ignored all calls for the cessation of violence. He urged States to end the supply of arms to the military in Myanmar. The USA had similar concerns. The delegate affirmed that the Myanmar authorities are “buying arms instead of feeding the population.” She argued that the military regime must allow for unhindered humanitarian access and for the unimpaired work of human rights defenders in the country, regretting the lack of accountability for the mass atrocities committed against the Rohingya.
The Czech Republic denounced the grave and expanding human rights violations in the country, such as the persecution of ethnic and religious minorities, enforced disappearances, widespread sexual violence, and the lack of basic supplies.
In a similar vein, the delegate of Indonesia echoed the calls for further funding of the response projects focused on Myanmar and stressed the importance of the implementation of the Five-Point Consensus from ASEAN.
The representative of India defended the prioritisation of Asian-led efforts in Myanmar, advocating that the views of the neighbouring countries most impacted by the mass exodus of the population in Myanmar should be taken into account. In that sense, Bangladesh argued for the sustainable repatriation of Rohingya refugees, affirming that this crisis lingers on indefinitely and calling for meaningful engagement of human rights mechanisms with Myanmar authorities.
Non-governmental organisations
Civil society organisations who also participated in the debate questioned how to ensure the implementation of the High Commissioner’s recommendations. They also urged the international community to ensure robust support for Myanmar’s civilian population and called for stronger efforts toward establishing a peace process. Additionally, they argued for the determination of an arms embargo and for the referral of the situation in Myanmar to the International Criminal Court.
Concluding remarks
Mr. Volker Turk addressed some of the States’ observations in his closing remarks. He assured them that the situation in Myanmar will remain at the centre of international attention, calling on States to maintain attention to the plight of the civilian population, denounce the escalation of violence, and insist the authorities abide by international humanitarian law principles. He also asserted that the pursuit of accountability is at the heart of his Office’s performance in Myanmar. He highlighted the importance of the current proceedings before the International Court of Justice, the establishment and relentless work of the Independent Investigative Mechanism, and the universal jurisdiction cases that have been brought.
Moreover, Mr. Turk encouraged businesses to cease working with entities linked to the military and defended an arms embargo on Myanmar. Particularly on the Rohingya crisis, he recalled the appalling arbitrary deprivation of citizenship and the reports of restriction on freedom of movement and other human rights violations. Regarding the strengthening of the democratic opposition, he called on States to ensure that representatives of the people are at the negotiating table, investing in youth leaders and civil society networks. Lastly, the High Commissioner urged States to provide mechanisms with adequate funding and the Myanmar military to cease the attacks on civilians and humanitarian workers.
- Interactive Dialogue on Oral Progress Report of Special Rapporteur on Myanmar
Also on 6th July 2023, the Special Rapporteur, Mr. Thomas Andrews, highlighted the disastrous consequences of the Myanmar military’s attacks on civilians, especially on children and the Rohingya refugees in camps. He reported on the striking numbers that came as a consequence of the military’s violence: more than eight hundred children maimed, 387 people arbitrarily detained, and more than 5.8 million people in need of humanitarian assistance. According to him, the three necessary pillars for changing the tragic trajectory in Myanmar are weapons, money, and legitimation. On weapons, Mr. Andrews recommended an arms embargo and called out member States of the Council for providing the military with weapons being used to commit mass atrocities. Regarding money, the Special Rapporteur asserted that foreign currency allows the military to fuel jets and to buy arms, which empowers the violence in the country.
Against this background, he commended the European Union’s leadership in sanctioning the oil and gas stemming from Myanmar and the USA’s imposition of sanctions on Myanmar investment banks, urging others to take similar measures. Lastly, on legitimacy, Mr. Andrews highlighted that projecting an image of legitimacy is important for the military, condemning some regional governments that have been engaging with the military as if it were the legitimate government of Myanmar. He affirmed that those in power in the country are responsible for mass atrocities, arguing that they should not be in political positions but serving prison sentences.
The Special Rapporteur also spoke on the fundamental obligations of the international community concerning Myanmar. Mr. Andrews affirmed the lack of supplies in the region, the lack of sufficient food for the children and refugees, who have been surviving on rations limited to only 27 cents per day for all essential supplies, and the rise of violence in refugee camps. In addition, he denounced the pilot project for the repatriation of Rohingya refugees, who will go back to the same situation they fled, surrounded by the same people who committed mass atrocities against them. He strongly affirmed: “Rohingya children cannot eat resolutions.”
During the interactive dialogue, the delegate of Pakistan highlighted that his country continues to make financial contributions to the Myanmar situation and advocated for a permanent solution for the Rohingya crisis. He urged Myanmar to comply with the provisional measures issued by the International Court of Justice and to cooperate with human rights mechanisms. He also urged the Special Rapporteur to dedicate its attention to the situation in Myanmar regardless of the political situation.
Denmark, on behalf of the Nordic-Baltic States, recalled the systemic discrimination that ethnic minorities suffer in Myanmar and argued for accountability for victims of mass atrocities. It also affirmed its support for the work of the IIMM and defended full, safe, rapid, and unhindered humanitarian access in the country.
The delegate of Uruguay, on behalf of a group of 27 countries, brought to the attention of the Council the dire consequences of children in conflict situations. She mentioned that Myanmar’s children are being abducted, recruited, and used by the military. She also highlighted that they suffer from sexual violence and arbitrary detention, in addition to suffering from the lack of basic supplies in the region.
The representative of Japan also expressed his solidarity with the people from Myanmar and strongly condemned the coup from the military. He urged the country to return to a democratic path and to develop an inclusive peaceful environment for dialogue. It also ensured the country will continue to support the NGOs and IOs in Myanmar.
Taking another angle, the delegate of Australia called on the Myanmar authorities to cease all violence and implement the Five-Point consensus. He also urged Myanmar to allow humanitarian access, particularly to the areas most affected by Cyclone Mocha, and asked the Special Rapporteur what practical measures should the international community take to cease the supply of arms to Myanmar.
The USA asserted that the military in power in Myanmar is performing enforced disappearances, torture, and violence against children. She called on the other member States to refrain from selling weapons and encouraged greater coordination from the international community, including for the imposition of sanctions. In another vein, Malaysia supported Asia’s centrality in dealing with the situation in Myanmar and stressed the importance of ensuring the progress of the Five-Point Consensus. In addressing the refugee crisis, however, it echoed the USA’s contributions and highlighted that the burden-sharing principle must be observed.
The delegate of Venezuela asserted that ignoring the views of the country concerned goes against the principle of dialogue based upon which the Council’s actions should be based. He condemned the establishment of political mandates and stated that illegal measures against Myanmar taken by the international community will cause more suffering to the population. He criticised the mandate, calling it ineffective and unnecessary and affirming it violates the principles of self-determination and non-interference.
The representative of Saudi Arabia urged the stakeholders to engage in meaningful dialogue and that Myanmar recognise the fundamental rights of the Rohingya population. The country also stressed the necessity of creating a favourable environment for the return of the refugees and of addressing the root causes of the crisis in order to find durable solutions.
Non-governmental organisations
Civil society organisations present strongly condemned the dire humanitarian situation in Myanmar, including the use of air strikes and widespread violence by the military in the country. They urged the UN mechanisms and the international community to enhance their efforts toward the protection of civilians in Myanmar, taking concrete and effective actions. Lastly, they implored the Myanmar authorities to cease all hostilities, abide by international human rights law and humanitarian law, and end religious and political persecution in the country.
The Special Rapporteur, in his closing remarks, addressed some of the concerns brought up during the interactive debate. Mr. Andrews commended Japan, Kuwait, and Qatar for their support in funding the response projects. He again affirmed that the key to addressing the human rights violations in Myanmar starts with stopping the flow of weapons into the country once they are used to commit mass atrocities and attack civilians. He concluded his statement by stressing the importance of the imposition of sanctions and economic pressure on Myanmar to address the ongoing situation.
- Resolution 53/30 on the situation of human rights of Rohingya Muslims and other minorities in Myanmar
HRC Resolution 53/30 was adopted without a vote at the HRC’s final meeting of its 53rd session on 14th July 2023. The resolution emphasises the rights of all refugees and stresses the importance of ensuring that all displaced persons can return home in a safe and dignified manner. It also calls upon Myanmar to immediately end all violence and violations of international law, imploring the concerned country to fully cooperate and to grant unrestricted access to all United Nations mandate holders and human rights mechanisms.
The Resolution was presented by Pakistan, on behalf of the OIC member States. The Pakistan delegate recalled the grave human rights situation in Myanmar and the long-standing marginalisation and violation of fundamental rights of ethnic minorities in the country. He affirmed that the resolution represents a united voice in support of the Rohingya Muslims and other ethnic minorities in Myanmar. The delegates of the USA, the European Union, and the United Kingdom took the floor to support the adoption of the resolution, highlighting the calls for accountability and remarking that the repatriation of Rohingya refugees can only occur when the conditions for voluntary, safe, dignified, and sustainable return are met. China was the only State to dissociate from the consensus, but still HRC Res. 53/30 was adopted without a vote.
Position of Geneva International Centre for Justice (GICJ)
Geneva International Centre for Justice (GICJ) supports the essential work of both the High Commissioner for Human Rights and the Special Rapporteur in Myanmar. We condemn the ongoing violence in Myanmar and the lack of action by the international community in reaction to it. GICJ urges all States to refrain from providing the Myanmar military with weapons used to commit war crimes and to attack civilians and civilian infrastructure.
Regarding the Rohingya crisis, we call on the international community to double its efforts to improve the conditions of Rohingya refugees in host countries and campsites. GICJ also joins the pledges for the repatriation of the Rohingya population to Myanmar in a voluntary manner and only after the root causes of the crisis have been addressed, such as establishing equal citizenship laws, permitting freedom of movement across different regions and programmes to adequately address their social and economic needs.
Ultimately, we implore the Myanmar authorities to cease all violence and allow humanitarian aid access without discrimination. We also appeal to all member States to increase humanitarian aid and monetary contributions to support refugees and internally displaced persons in the Myanmar region.
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