HRC56: Dialogue on the Dire Crisis in Myanmar Impacting Human Rights of Rohingya Muslims and Other Minorities
The 56th Session of the Human Rights Council
18 June – 12 July 2024
Item 2: Interactive dialogue with the High Commissioner for Human Rights on the situation of human rights of Rohingya Muslims and other minorities in Myanmar
18 June 2024
By Inès Najeh / GICJ
Executive summary
“Myanmar is in agonising pain”. The High Commissioner started by recalling the situation in Myanmar, which continues to worsen, especially due to the escalation of hostilities between the State military and the Arakan Army. This has significantly intensified the humanitarian crisis.
On 18 June 2024, the 1st meeting of the 56th Session of the Human Rights Council, the report of the United Nations High Commissioner for Human Rights on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar (A/HRC/56/23) was considered. The High Commissioner for Human Rights opened the interactive dialogue by emphasising the escalation of the situation in Myanmar, especially for the Rohingya Muslims and other minorities who have suffered even more since the coup in 2021.
In his report, the High Commissioner emphasised that Myanmar suffers under military domination, with brutal tactics like beheadings and burning homes. Despite losing control of many areas, the military secures funds and weapons, while international support for civilians is minimal. He also emphasised the forced recruitment of civilians into the military.
The High Commissioner considered that the international community urgently needs to “rethink how we can respond collectively to this unmitigated crisis”. It is crucial to go beyond the ASEAN Five-point consensus that has failed to put the conflict at rest and “restore the destiny of Myanmar to its people”.
Regarding the report, delegations of multiple countries expressed their concern and worries over the grave suffering of the population. Many stated the need to ensure justice and accountability for all war crimes being committed by all parties involved.
The non-governmental organisations (NGOs) welcomed the High Commissioner’s report, emphasising the horror the people of Myanmar and the Rohingyas are currently living in. Numerous organisations urged the international community to take action to hold Myanmar’s military and the Arakan army accountable to ensure a future for the Rohingya, who face the threat of genocide and crimes against humanity. According to some NGOs, the international community's silence and, in some cases, complicity in providing resources to the junta is deeply regrettable. Forced recruitment and conscription laws heighten risks for civilians, especially vulnerable groups like the Rohingya. NGOs called for the urgent and necessary delivery of humanitarian aid.
Geneva International Centre for Justice (GICJ) welcomes the High Commissioner’s report on the situation of human rights in Myanmar. We stand behind the recommendations made in his report, urging the international community to address the human rights violations perpetrated by the junta against civilians and the Rohingya population. In a statement delivered by GICJ, the organisation urged the Council that "Rohingyas must be granted citizenship, full rights, and assured a safe return to their homeland,". The representative also supported the High Commissioner’s call to refer the situation in Myanmar to the International Criminal Court (ICC), intending to hold military leaders accountable for committing war crimes.
Background
After gaining independence in January 1948, Myanmar experienced prolonged internal conflicts and a series of dictatorial regimes. Despite efforts to transition towards democracy, a coup d'état in February 2021 overthrew the democratic government, wiping out all traces of hope for the future.
Since 2021, Myanmar has faced a grim reality characterised by violence, terror, and ethnic cleansing. The rise of the military junta, or State Administration Council (SAC), has led to severe human rights violations, including arbitrary arrests, violence against civilians, suppression of pro-democracy protests, and efforts to prevent public dissent through internet shutdowns, etc.
The political turmoil has worsened existing economic hardships, resulting in high inflation, widespread poverty, and unemployment. Ethnic conflicts in various regions further destabilise communities, causing displacement and additional humanitarian crises. Due to the country's diverse ethnic composition, minorities constantly endure hardships. This is especially true for the Rohingya, a Muslim community that has faced persecution for decades under successive governments and now suffers under the State military and the Arakan army.
This ethnic group has suffered nearly seventy years of statelessness within their own country, experiencing the destruction of their economic livelihood and facing restrictions on marriage and childbearing. The Human Rights Council highlighted its concerns in the 2020 annual report of the High Commissioner for Human Rights (A/HRC/45/5), presenting evidence that the treatment of the Rohingya may amount to crimes against humanity. However, the military junta's persecution extends beyond the Muslim community; dozens of churches have been destroyed, villages burned, and Christian civilians killed.
The international community has not remained entirely silent on the severe human rights violations in Myanmar, which include crimes against humanity and potential genocide. Diplomatic efforts have been made, notably through the ASEAN five-point consensus adopted in April 2021 in response to the military coup. This strategy addresses the crisis by calling for an immediate end to violence, encouraging constructive dialogue among all parties, and appointing an ASEAN special envoy to facilitate mediation. It also emphasises the need for humanitarian assistance through ASEAN channels and supports a special envoy's visit to Myanmar.
The mandate of the United Nations High Commissioner was established on 7 January 1994 by the UN General Assembly in resolution 48/141. Volker Türk was appointed in September 2022 and became the 8th High Commissioner to lead the Office of the High Commissioner for Human Rights (OHCHR). The OHCHR has been working for years to advocate for a cessation of hostilities in Myanmar and the Rohingya community. In his latest report (A/HRC/56/23), the High Commissioner noted that since February 2021, at least 5280 civilians have lost their lives at the hands of the military, highlighting the urgent need for humanitarian aid.
Report of the UN High Commissioner on the Situation of the Rohingya Muslims and other minorities in Myanmar
The Report of the High Commissioner (A/HRC/56/23) focused on the situation of human rights of Rohingya Muslims and other minorities. The report reiterated that since the military coup in Myanmar in February 2021, the country has witnessed severe and widespread human rights violations, resulting in a humanitarian crisis of unprecedented proportions. The report also notes that since February 2021, at least 4,810 people have been verified as killed by the military, including 722 women and 527 children. This violence continues in blatant disregard for the Association of Southeast Asian Nations (ASEAN) 5-Point Consensus and UN Security Council Resolution S/RES/2669 (2022).
Widespread Arrests and Detentions
The High Commissioner highlighted the military's crackdown has led to the arrest of 26,468 individuals, with 20,296 still in detention, including 3,885 women. The conditions of detention are particularly concerning, with reports of deaths in custody rising to 1,703. Torture and degrading treatment are rampant in interrogation centres, prisons, and other facilities. Enforced disappearances, sexual violence, and violations of fair trial rights are common, all occurring within a climate of complete impunity and absence of the rule of law.
Displacement and Humanitarian Crisis
The report noted that human rights violations post-coup have caused the displacement of approximately 2.8 million people, with nearly 19 million, including 6 million children, in need of humanitarian assistance. Civilians are forced to flee to avoid indiscriminate bombardment and attacks.
The High Commissioner continued the report by emphasising the implications of displacement, particularly for vulnerable groups. Food, shelter, water, education, medicine, and medical care are crucial needs for all displaced communities. Persons with disabilities face considerable challenges in displacement, with severe limitations on obtaining assistive devices due to the military’s denial of humanitarian aid.
Forced Recruitment
The report also expressed grave concern over the forced recruitment of Rohingya men. Videos, pictures, and multiple sources indicate that the military has forcibly taken Rohingya men from camps and villages, provided rudimentary training, and deployed them to the battlefield. These practices violate the provisional measures order on the prevention of Rohingya deaths by the International Court of Justice (ICJ).
Moreover, the report noted the impact of military violence on freedom of religion and cultural life, as attacks on religious sites and personnel do not cease. Religious buildings that serve as shelters for displaced people are not spared, further exacerbating the plight of those seeking refuge.
Regarding discrimination and violence against the Rohingya Muslims, the report noted the new violence and violations faced by this vulnerable community since the resumption of hostilities in Rakhine in November 2023 . The Arakan Army, alongside the military, targets Rohingya through a range of abuses, including killings, abductions, severe beatings, forced recruitment, forced labour, extortion, and denial of access to life-saving resources. Rohingya individuals often state that there is no difference between the two parties, as they are continuously exposed to life-threatening risks and systematic human rights violations.
The situation in Myanmar is dire, with the military's actions leading to a catastrophic humanitarian and human rights crisis. At the end of the report, the High Commissioner urged the international community to immediately address these abuses, provide humanitarian assistance, and ensure accountability for the violations perpetrated by the military and associated groups. The report highlighted the need for immediate action to protect civilians, uphold human rights, and restore the rule of law in Myanmar. The plight of the Rohingya and other vulnerable groups highlights the need for comprehensive international intervention to prevent further atrocities and support those affected by this ongoing crisis.
Interactive Dialogue on the High Commissioner’s Report
United Nations High Commissioner for Human Rights, Mr Volker Türk, started his opening statement by highlighting the severe crisis in Myanmar due to the military and other armed forces. The Rohingya and Rakhine communities face brutal military tactics like beheadings, drone attacks, burning homes, and shootings. Mr Türk noted that since the military is losing control over territory, it resorts to extreme measures, including forced conscription and indiscriminate bombardment.
The High Commissioner continued noting the significant number of displaced people who need urgent humanitarian aid. Rohingya men face forced recruitment by the military and the Arakan Army, leading to violence reminiscent of 2016 and 2017 atrocities. The High Commissioner considered that despite this, there is hope. He noted that young people from diverse ethnic communities are leading a struggle for an inclusive future.
Mr Türk urged the international community to recognise Myanmar's suffering, provide humanitarian aid, and prevent further atrocities. Urgent action and renewed international response are needed to restore democracy and protect Myanmar's people. He also asked the neighbouring countries to provide international protection and adequate shelter for people fleeing the violence and persecution.
The delegation of Australia, on behalf of CANZ (Australia, Canada, New Zealand), expressed deep concern over the reports of the High Commissioner for Human Rights and the Special Rapporteur. They highlighted issues such as attacks on civilians, including Rohingya Muslims, forced displacement, and the forcible recruitment of children by all parties involved. The delegation called on all States to prevent or stop the flow of arms, which include fuel, to the Myanmar military. Concluding their statement, the Australian delegation requested the High Commissioner to provide further information on the "unique needs of women and girls" and measures that can be taken to ensure their better protection.
The delegation of the European Union (EU) emphasised that all violence against civilians must cease as the conflict continues to escalate. According to the delegation, the forced recruitment of Rohingya is creating a much bigger divide among communities and exposing “deep-seated ethnic tension and mistrust”. The EU delegation underscored the crucial role of the Independent Investigative Mechanism for Myanmar (IIMM) in ensuring accountability. Additionally, the EU called for stronger leadership and coordination within the UN humanitarian system on the ground, specifically advocating for the appointment of a UN resident coordinator.
The representative of Pakistan, speaking on behalf of the Organisation of Islamic Cooperation (OIC), thanked the High Commissioner for his report but expressed concern over the escalating hostilities in Rakhine State, which have led to increased violence, displacement, and destruction of property affecting Rohingya Muslims. The illegal conscription and use of Rohingyas as human shields by both parties in the conflict must cease immediately. The Pakistani delegate urged Myanmar to implement all recommendations, including establishing a clear pathway to citizenship for Rohingya Muslims. The representative also called on the Myanmar government to allow humanitarian actors safe, unhindered, and immediate access. Finally, the delegation emphasised that the government should begin the repatriation of Rohingya Muslims, ensuring their safety, rights, and dignity.
The delegation of Denmark on behalf of Nordic-Baltic States (Estonia, Finland, Iceland, Latvia, Lithuania, Norway, and Sweden) recalled the military attacks on civilians, including women, children and ethnic minorities, mass killings, torture, etc., which exacerbates the civil war and disrupts society at every level. The delegation urged for the full and immediate access to humanitarian aid, the release of political prisoners, and stated that a meaningful and inclusive dialogue of all stakeholders is necessary to find a concrete solution. The delegate noted that Myanmar must comply with the ICJ.
The delegation of Japan expressed grave concern over the deteriorating situation in Myanmar, highlighting the failure of the government’s military to resolve the crisis through peaceful means. Japan strongly urged all stakeholders to collaborate and refrain from perpetuating violations of international law, human rights law, and international humanitarian law. The delegation emphasised the importance of dialogue and cooperation among all parties to achieve a sustainable and peaceful resolution to the conflict. The delegation of Japan also reminded the Council of its ongoing efforts, in conjunction with the international community and ASEAN, to help resolve the conflict in Myanmar. These efforts include diplomatic initiatives, humanitarian assistance, and support for peace-build.
UNICEF recalled their presence on the ground and confirmed that among the displaced people, 40% are children whose rights are not respected. According to UNICEF, there was a significant surge in the number of people being recruited by all parties of the conflict in 2023 compared to the previous year. The representative of UNICEF highlighted the increased number of mines putting civilians, especially children at grave risk. The representative urged all parties to comply with international humanitarian law and international human rights law and take effective measures to stop all violence against children.
The Spanish delegation emphasised the critical need for the Human Rights Council to maintain an active response to the grave human rights violations occurring in Myanmar. The delegate strongly urged all parties involved in the conflict to cease attacks on civilians immediately, stressing the importance of protecting innocent lives and upholding human rights. The delegation of Spain expressed its gratitude to neighbouring countries, particularly Bangladesh, for their significant efforts in hosting a large number of refugees fleeing the violence in Myanmar. Additionally, the Spanish delegation called for unhindered access to humanitarian aid to enter Myanmar, emphasising the urgent need to address the dire conditions displaced and affected populations face. Moreover, Spain underscored the necessity of finding a lasting solution to the crisis in Myanmar.
The delegation of France recalled the increasing persecution of minorities, the political, religious and ethnic discrimination, the indiscriminate attacks, arbitrary imprisonment and the suffering of women and girls. The delegation supported the IIMM and called for the implementation of resolution 26/69 of the Security Council. Moreover, France urged all parties to put an end to the violence, the release of the more than 20,000 arbitrary detainees, including the president and the safe return of the Rohingya people. The French delegate ended his statement by reiterating their support for the Burmese people and their inspiration for democracy.
The Chinese delegation characterised the situation in Myanmar as highly complex, emphasising that respecting sovereignty and non-interference in internal affairs is the only effective approach to resolving the issue and protecting human rights. The Chinese delegate highlighted the importance of upholding these principles to achieve a sustainable solution. The delegation asserted that the discussions within the Human Rights Council should contribute to enhancing political and social stability, as well as fostering peace and reconciliation in Myanmar. Furthermore, the Chinese delegation reiterated China's active role in mediating between Bangladesh and Myanmar, underlining their commitment to facilitating dialogue and cooperation to address the ongoing challenges.
The delegation of Bangladesh expressed deep concern over the immense risk posed to the people of Bangladesh by the conflict in Myanmar, citing recent shootings targeting them. The delegate emphasised that Bangladesh has been hosting 1.2 million Rohingya for the past seven years and called on all parties in the conflict to ensure the safety and protection of the Rohingya Muslims. The delegation stressed that the only durable solution to the crisis is the repatriation of the Rohingya to Myanmar. To this end, the delegation highlighted their ongoing efforts with all concerned parties for the "commencement of Rohingya repatriation." Additionally, the delegate of Bangladesh urged the international community to invest in livelihood options for the Rohingya in Rakhine, called for humanitarian assistance for the Rohingya in Bangladesh, and requested that the High Commissioner keep the issue of the Rohingya Muslims high on the agenda until "accountability and justice are ensured and a durable solution is achieved."
The delegation of Malaysia emphasised that the international community must not ignore the brutal killings of the Rohingyas while focusing on another crisis. The delegation of Malaysia urged all parties to cease violence, uphold international humanitarian law and protect civilians. Malaysia values global support for ASEAN's role and urges real progress on the ASEAN Five-Point Consensus, particularly by Myanmar’s military. The Myanmar crisis requires an inclusive, lasting solution to prevent further violence and ensure the safe return of Rohingya refugees. As Malaysia is hosting the largest number of Rohingya refugees in Southeast Asia, the delegation noted that Malaysia bears important responsibilities and is forced to stretch its resources beyond capacity. The delegation called for proportionate burden-sharing. Nations must honour their commitments under the 1951 Refugee Convention and provide equal resettlement options for Rohingya refugees to third countries.
The delegation of the United Kingdom (UK) emphasised he increasing suffering of the Rohingya community, notably due to the constant restriction of humanitarian access. The delegate urged the international community to consider all options for reaching the affected population in the Rakhine State. Indeed, the delegation noted that without an improvement in the situation in the region, it would be impossible to ensure a safe, voluntary and dignified return for the Rohingya Muslims.
Non-Governmental Organisations Statements
The unanimity of NGOs welcomed the High Commissioner’s report, emphasising the horror that the people of Myanmar and the Rohingyas are currently living in. The organisations were alarmed by the lack of action from the international community in the face of the grave violation of international humanitarian law and international human rights law. Multiple NGOs noted the complete disregard of the Security Council resolution and the ASEAN 5 points from all parties to the conflict.
The organisations present at the discussion asked the international community to facilitate the delivery of humanitarian aid to displaced people and other vulnerable communities. It is important to note that some NGOs noted that the Rohingya Muslims are facing a severe threat of genocide and crimes against humanity. Finally, NGOs collectively called for effective accountability to regain peace and allow the safety of Rohingyas and other minorities.
Geneva international Centre for Justice (GICJ), present at the session, called on the international community to increase humanitarian aid for all. Rohingya must be granted citizenship, full rights, and be assured a safe return to their homeland. GICJ supported the High Commissioner’s call to refer the current situation in Myanmar to the ICC by the Security Council to hold military leaders accountable for committing war crimes.
The collective message highlighted the urgent need for accountability and intervention from the international community and the UN, to put an end to Human Rights violations.
Concluding Remarks
The High Commissioner emphasised the urgent need for a cross-regular response as the Myanmar conflict is a question of domestic and global implications. Indeed, 1 million Rohingya refugees are currently in Bangladesh, impacting the country.
Regarding the gender impact of the conflict, the high commissioner noted that it is only getting worse as the military has killed hundreds of women and girls since the coup. Sexual violence continue, health and education are difficult to access, if not impossible, in some regions of Myanmar.
Furthermore, among others, the delegation of the United Kingdom asked the High Commissioner what more can the council do to ensure that humanitarian assistance effectively goes to people in the Rakhine State. The High Commissioner highlighted the urgent need to step up the humanitarian response with more creativity, especially in how aid can be effectively delivered. Moreover, he noted the important challenges of strengthening ASEAN and UN support as neither the military nor the Arakan army will protect Rohingya in Rakhine state.
As mentioned at the previous session of the HRC, the High Commissioner reiterated the atrocious impact of air strikes on civilian populations. He emphasised the need to limit and stop the flow of jet fuel to prevent all parties from continuing their violation.
The High Commissioner urged all States to cooperate with the IIMM so it can have access to new sources of information and evidence. Moreover, the Security Council must refer the situation to the International Criminal Court to achieve accountability.
Finally, the High Commissioner noted some hope in Myanmar's dire situation. New local governance structures are starting to emerge and promote the rights of all people. For these to continue, he asked all States to increase their engagement with these local structures and with civil society in and out of Myanmar.
Geneva International Centre for Justice Position
Geneva International Centre for Justice (GICJ) strongly condemns the actions of Myanmar's armed forces and the persistent human rights abuses against the Rohingya and other minority groups. GICJ stresses the importance of holding the military regime accountable for its atrocities, including the brutal suppression of pro-democracy demonstrators and the persecution and displacement of the Rohingya. GICJ urges the international community to apply pressure on all involved parties to stop the violence, reinstate democracy, and guarantee the protection of human rights for everyone in Myanmar, including the Rohingya people.
GICJ and the Manoah Association urge the Council to ‘grant the Rohingya citizenship and all rights, and guarantee their safe return to their homeland’. ‘The escalation of hostilities between the State Army and the Arakan Army has intensified the humanitarian crisis. Forced recruitment into the army, as well as indiscriminate attacks by land, sea and air, have led to the deaths of hundreds of civilians. This is a flagrant violation of international humanitarian law’. GICJ called on the international community to step up humanitarian aid for all affected populations, including refugees in neighbouring countries. ‘The Rohingya must be granted citizenship and all rights, and be assured of a safe return to their country of origin’.
Finally, GICJ supports the High Commissioner's call to refer the situation in Myanmar to the International Criminal Court (ICC) through the Security Council.
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