The 57th Session of the Human Rights Council
9 September - 11 October 2024
Item 4: Interactive Dialogue on the High Commissioner's report on the Human Rights situation in Myanmar
24 September 2024
By Noor Afrose / GICJ
Executive summary
"The crisis in Myanmar continues to sink into an abyss of human suffering," stated Nada Al-Nashif, United Nations (UN) Deputy High Commissioner for Human Rights, as she commenced the session by underscoring the devastating human rights situation in Myanmar, which is worsening daily.
On 24 September 2024, during the 23rd meeting of the 57th Session of the Human Rights Council, the Deputy High Commissioner presented the UN High Commissioner's vital report regarding the human rights situation in Myanmar (A/HRC/57/56). She emphasised that amidst the ongoing conflict, the military is claiming more lives by employing brutal tactics such as airstrikes and artillery, completely disregarding international human rights and humanitarian laws.
In the report, the High Commissionerdepicted the horrific human rights circumstances in Myanmar, where civilians, particularly the Rohingya people, are enduring the most severe forms of mistreatment. This includes torture, sexual violence, and displacement, affecting both women and children. Echoing the High Commissioner's findings, the Deputy Commissioner noted that every human rights indicator across the nation is declining. Despite this alarming situation, there has been a lack of concentrated international efforts to halt this violence.
This delegation, representing 35 countries, expressed their gratitude for this report and voiced their profound concern regarding the ongoing human rights and humanitarian crisis. Many groups, including Association of Southeast Asian Nations (ASEAN), called upon the global community to unite in efforts to address and ameliorate this crisis.
Geneva International Centre for Justice (GICJ) commends the High Commissioner’s report on the human rights situation in Myanmar. Carolina Atlee, in a joint statement on behalf of GICJ and Meezaan Centre for Human Rights, urged the UN Human Rights Council and the international community to take immediate action instead of waiting for these dreadful rights violations to escalate. The representative also advocated for the consideration of feasible options for directly funding mental health initiatives to alleviate the trauma experienced by current residents of and refugees from Myanmar.
Background
The Republic of the Union of Myanmar, formerly named Burma, severely limits human rights and is among the most repressive regimes in Southeast Asia. On 1 February 2021, Myanmar plunged into a grave period of turmoil when the military executed a coup, effectively transforming the nation into a battleground. Since then, the military has pursued aggressive tactics to assert control, dismantling the democratic government.
Over these three years, the military junta, known as the State Administration Council (SAC), has employed brutal measures, including mass executions, arbitrary arrests, sexual violence, oppression of politicians, ethnic cleansing of the Rohingya population, and obstructing humanitarian aid, thereby violating international human rights and humanitarian law. The humanitarian situation in Myanmar continues to deteriorate daily. Furthermore, the military has faced significant territorial setbacks against anti-military factions and a sharp decline in its military capabilities. The ongoing hostilities between the military and resistance groups have intensified, adversely impacting civilians through airstrikes, destruction of infrastructure, and widespread displacement. This protracted conflict inflicts not only physical damage on civilians but also deep psychological trauma.
Following the military coup, the UN High Commissioner has expressed grave concerns regarding the human rights landscape. In previous sessions of the Human Rights Council, reports from the UN High Comxmissioner and Special Rapporteur have highlighted human rights abuses. Nonetheless, the military junta has sought to shield itself from international scrutiny and involvement, refusing to engage with global human rights entities, including the Office of the High Commissioner for Human Rights (OHCHR) and the UN Special Rapporteur on Myanmar's human rights situation.
On 4 April 2023, the UN Human Rights Council (HRC) adopted Resolution 52/28 concerning Myanmar. This resolution reiterated profound concern over the egregious human rights abuses and called for the UN High Commissioner for Human Rights to deliver a detailed report on the situation at the 57th session. In line with this resolution, the current report (A/HRC/57/56) underscores the severe human rights violations occurring in Myanmar.
Report of the UN High Commissioner for Human Rights on the Situation of Human Rights in Myanmar
The latest report of the UN High Commissioner (A/HRC/57/56) presented gross violations of human rights across Myanmar, indicating the absence of the rule of law in the country. This report focused on barbaric incidents from 1 April 2021 to 30 June 2024 based on interviews of the victims, witnesses, and relevant local and international organisations. This report presented that between the coup on 1 February 2021 and 30 June 2024, at least 5,350 civilians were killed.t At least 2,414 of these deaths were during the reporting period.
Torture and ill-treatment
The document analysed the systematic torture and mistreatment of individuals in military detention, which includes physical, psychological, and sexual abuse. Out of 32 former detainees, 25 provided detailed accounts of various techniques employed to coerce them into confessing or as retaliation against those suspected of aiding anti-military factions. These detentions took place in military interrogation facilities, including Mandalay Palace. Individuals faced beatings, mock executions, burnings, electrocution, enforced stress positions, and sexual violence. Victims of torture also reported psychological torment, threats to family members, and exposure to the suffering of fellow detainees.
Deaths in custody
The report estimated that the number of fatalities in military custody during the crisis is alarming, with 759 individuals—comprising men, women, and children—dying after being detained by various military forces. This figure represented 41% of the total 1,853 verified deaths in military custody recorded in 2021 alone. Many detainees succumbed to torture, mistreatment and lack of medical care, averaging four deaths daily. Moreover, 601 individuals were killed in extrajudicial executions. Most of these killings occurred during informal raids on villages, particularly in the Sagaing area. Various methods were utilised for the killings: close-range executions, burnings, and violence during interrogations. Relatives were often misled about the conditions surrounding the deaths, and bodies were quickly cremated without proper procedures or consent. Political prisoners also faced death due to isolation, neglect, or refusal of necessary medical treatment. The report also highlighted deaths among anti-military group members, to which international humanitarian law mandates humane treatment of detainees.
Sexual violence against detainees
Primarily, this report highlighted the sexual violence that takes place during detention. According to survey respondents, there is rampant sexual violence directed at men, women, and members of the LGBTQI community by custody authorities, ranging from rape and threats of rape to sexual humiliation. Such abuse frequently occurs during interrogations, and detainees perceive it as punishment for withholding information. LGBTQI individuals were particularly targeted and ridiculed because of their sexual orientation. Moreover, 3% of women interviewed reported that court appearances often resulted in unwanted exposure of body parts and aggressive sexual advances. The psychological toll on survivors is immense, with 47% of women feeling shame from the assault; 5% of interviewees indicated they had contemplated self-harm.
Conditions in Detention Centres
Another crucial aspect of the report focused on the state of detention centres in Myanmar, as revealed by the accounts of former inmates. These facilities were characterised by unsanitary conditions, overcrowding, and poor ventilation. The report's findings indicated that many detainees suffered from waterborne illnesses due to exposure to contaminated water, consuming spoilt or undercooked food, and contracting hepatitis. Healthcare access is severely limited due to insufficient qualified personnel and a lack of available medications; for example, paracetamol is often only obtainable through bribery. Consequently, inmates often depend on the assistance of fellow detainees with medical training. Many women endure urinary tract infections due to a lack of sanitary facilities. Furthermore, the report noted that religious minorities face additional discrimination, being prohibited from practising their faith and provided with diets that contradict their beliefs. There are also allegations of forced labour, where inmates are forced to manufacture goods that are sold in local markets. items for sale in local markets. Additionally, the military implemented a complex documentation system, that hinders family members from staying in touch with detainees. Rohingya prisoners encounter even more challenges, with new limitations on visits and phone communications being reported.
Mental Health Situation
A key focus of the current report is the dire mental health landscape in Myanmar. The population has been subjected to ongoing violence, conflict, and a severe deficiency in public services. In this context, civil society and community-based organisations are striving to provide crucial mental health services, but these offerings still fall significantly short of addressing the demand. Furthermore, the laws governing mental health services are outdated, relying on the 1912 colonial Lunacy Act terminology, which is inadequate, fails to align with ICD-10 terminology, and perpetuates stigma. The existing shortage of trained mental health professionals has worsened, particularly as many have joined the Civil Disobedience Movement. The impact of violence, poverty, and the pervasive fear experienced by individuals has created long-lasting mental health issues. Approximately 60%of respondents in expert studies reported experiencing anxiety and depression. Victims and entire communities face isolation, stigma, and marginalisation. Organisations led by women, such as the Women's Peace Network are actively working to break the stigma surrounding mental health.
In conclusion, the High Commissioner recommended that the Myanmar military immediately cease violence and respect international human rights law, while the National Unity Government should document violations, expand mental health services, and collaborate with civil society. Armed groups must adhere to international humanitarian standards, and member states are urged to maintain attention to Myanmar’s situation and provide flexible funding for mental health initiatives. Long-term efforts to build a modern, rights-based mental health system are critical for the country’s recovery.
Interactive dialogue on the High Commissioner Report
Opening Statement
Ms. Nada al-Nashif, the Deputy High Commissioner for Human Rights, commenced the interactive dialogue by emphasising the worsening crisis in Myanmar. She highlighted that the persistent armed conflicts are severely impacting civilians nationwide. She mentioned that since 2021, men, women, and children have lost their lives, and millions of others have been displaced due to both violence and natural disasters. Furthermore, she pointed out that ethnic armed groups have also inflicted harm on civilians and expressed the OHCHR’s deep concern regarding the ongoing atrocities faced by the Rohingya. She raised alarms over the escalating conflict between the Arakan Army and the military, indicating that the situation in Rakhine is rapidly deteriorating, with civilian casualties and hindrances to humanitarian aid.
In the subsequent portion of her address, the Deputy High Commissioner denounced the insufficient funding of the Myanmar humanitarian response plan, the military’s obstruction of aid efforts in conflict zones, and the plan to arm civilians, asserting that these actions will only incite further militarisation and violence. Consequently, she proposed solutions such as halting the supply of weapons to the military and involving all political groups in finding future resolutions. She reiterated the vital role of local civil society organisations in alleviating suffering and shaping Myanmar’s future. She stressed the need for enhanced political and financial backing for these organisations and their inclusion in decisions regarding the country’s future. She concluded by urging the international community to safeguard the Rohingya and ensure accountability for those responsible within the national army.
Participating Countries
The delegate of Norway, on behalf of Nordic-Baltic states, condemned the military government’s brutal abuses. He called for an end to these crimes and emphasised that accountability mechanisms cannot be ignored. He further urged that Myanmar should allow the High Commissioner’s office and independent investigators to observe the situation impartially. Lastly, the delegate asked how the High Commissioner's office is engaging with actors affecting the human rights landscape in Myanmar.
The delegate of the European Union (EU) expressed deep concern over the severe human rights crisis in Myanmar, condemning the military's actions. He highlighted alarming statistics, including over 5,350 civilian deaths, 3.3 million displaced people, and more than half of the population living in poverty due to military violence. The delegate also emphasized the horrific conditions of torture, increasing sexual violence, and the 1,853 deaths in custody, which include women and children. He criticised the lack of domestic accountability for these abuses, pointing to the systemic disregard for the rule of law and human rights. The role of the Independent Investigative Mechanism for Myanmar (IIMM) was deemed crucial in seeking justice. In closing, the delegate reiterated its demand for accountability for the violations of human rights and international law, and asked the High Commissioner how regional efforts can support an international response to the crisis in Myanmar.
The delegate of Pakistan, on behalf of the Organisation of Islamic Cooperation, commenced his address by expressing gratitude to the High Commissioner while conveying profound alarm regarding the egregious human rights abuses. He focused upon the targeting of the Rohingya Muslims in Rakhine. He requested all relevant stakeholders to safeguard the Rohingya and to put an immediate halt to the relentless cycle of horrific atrocities. He called upon Myanmar to adhere to all recommendations from the advisory opinion regarding Rakhine State, including establishing a clear pathway for Rohingya citizenship, fully complying with the International Court of Justice (ICJ) provisional measures, collaborating with ongoing international efforts, granting humanitarian actors access, and initiating the safe repatriation of Rohingya from Bangladesh. In light of dwindling funds, he urged the international community to continue investing in the Rohingya’s future and facilitate their return to their homeland of Rakhine.The diversion of funds is affecting the crucial work of the office dedicated to supporting the Rohingya. He demanded sufficient resources for the Organisation of Islamic Cooperation (OIC) to maintain its vital initiatives. In conclusion, he urged the High Commissioner and his office to vigilantly monitor the situation in Rakhine and actively engage in providing sustainable solutions, including the accountability process.
The Gambian delegate applauded the detailed report from the High Commissioner and emphasised his concern for the egregious human rights abuses. He highlighted that the escalation of hostilities has resulted in a staggering 50% rise in civilian casualties, alongside a disturbing trend of conscription, arrests, and torture. He asserted that with a compromised judiciary and a dysfunctional rule of law, the prospects for domestic accountability appear grim. Hence, he called for urgent international collaboration and a pressing demand for the implementation of the ICJ provisional measures to avert further suffering.
The delegate of the United States of America also expressed deep concern over the escalating human rights crisis in Myanmar. She highlighted the ongoing military atrocities against civilians, reiterating that the armed groups fighting the military had also committed abuses. The delagate asked the international community to ensure effective humanitarian aid delivery to those in need, despite the military’s restrictions.
In his statement, the Russian delegate noted that Myanmar had been taking positive steps towards re-establishing order, ensuring the country’s unity in calling for a ceasefire , and offering amnesties to the opposition forces in a good faith gesture of peace. However, the efforts of the opposition party, National Unity Government have shown the danger of armed resistance. This group undermines the country’s governance, leads to confrontations, and significantly deteriorates socio-economic conditions. He stated that the “collective West” is responsible for the crisis by supporting anti-government forces. While other States are outraged against Myanmar’s army, the Russian delegate goes as far as trying to pose a veto on the use of the UN Human Rights Council to place pressure on Myanmar, as he believes that this only worsens the tense confrontation instead of promoting peace.
The Japanese delegate expressed that the worsening conditions and incidents in Myanmar are alarming. She condemned Myanmar’s military and civilian influence for failing to resolve the crisis peacefully and added worries about the introduction of conscription. She called for an immediate end to the violence, the restoration of democracy, and the release of the detainees. She underlined that the improvements should correspond with the will of the Myanmar people and pledged that Japan would keep working to improve the situation with ASEAN and international partners.
The Thai delegate expressed profound alarm over the intensifying conflict in Myanmar. She emphasised that this turmoil jeopardises basic rights and has triggered a humanitarian disaster. Notably, on 26 August 2024, Thailand donated 280,000 US dollars to the Coordinating Centre for Humanitarian Assistance on Disaster Management (AHA Centre) to aid those in hard-to-reach areas of Myanmar. This monetary support is a continuation of Thailand's previous initiatives to assist the affected populations, including collaborations with various international organisations and a pilot cross-border humanitarian project between the Thai and Myanmar Red Cross Societies initiated in March 2024. Furthermore, she emphasised Thailand's dedication to bolstering the ASEAN process in executing the Five-Point Consensus. In conclusion, she called upon the global community to amplify its efforts in delivering humanitarian aid, particularly in typhoon-affected regions.
The delegate of Bangladesh welcomed the UN High Commissioner's report and urged the OHCHR to maintain unwavering attention until the entire crisis is resolved. He articulated that the current political turmoil in Myanmar cannot be used as a justification for the international community to divert its focus from the Rohingya crisis. Thousands of Rohingya have sought refuge in Bangladesh, placing an additional strain on its resources. He urged all concerned parties to bring an end to the conflict and human rights abuses against the Rohingya. Additionally, he highlighted the need for the international community to safeguard the Rohingya in Rakhine and provide essential humanitarian support. With Bangladesh hosting approximately 1.2 million Rohingya for over seven years, the country continues to empathise with their struggles. However, he stressed that sustainable repatriation is the only viable solution, and that Bangladesh requires resources from the OHCHR to sustain its aid for the Rohingya.
The UK delegate thanked the High Commissioners for the reports and voiced concern over Myanmar's deepening humanitarian crisis. She noted that over 42,000 people were displaced in August, with airstrikes targeting civilians, while the military blocked aid amid flooding, food shortages, and health crises. The UK committed £40 million in aid and urged others to do more. She also highlighted the arbitrary detention of 20,000 individuals, including journalists and healthcare workers, with credible reports of torture and abuse, including against children. The delegate called for their release and compliance with the UN Convention against Torture, demanding safe humanitarian access to vulnerable communities.
Non-Governmental Organisations Statements
The NGOs expressed heartfelt appreciation for the High Commissioner's report while also conveying their deep concern regarding the alarming human rights conditions in Myanmar. They also emphasised the suffering of the Rohingya community and highlighted the urgent need for the international community to implement protective measures for them, alongside halting arms supplies to the military. Furthermore, organisations such as Article 19 voiced their worries about media freedom and the perilous circumstances facing journalists, who are enduring severe restrictions and threats. Lastly, the organisations called for the situation in Myanmar to be addressed by the International Criminal Court to ensure accountability for those responsible and to stress the importance of facilitating access to crucial humanitarian assistance.
In her joint statement on behalf of GICJ and Meezaan, Carolina Atlee pointed out that acts of physical and sexual violence continue to occur regularly despite numerous appeals from this council and the international community for their cessation. She called for immediate action from the international community and urged states to hold Myanmar's military accountable.
Concluding Remarks
The session concluded with remarks from the Deputy Commissioner. She began her final statements by commending the cross-regional denunciation of the severe human rights violations. She remarked that it is time to adhere to the UN Security Council resolution 2669 concerning international accountability in light of significant human rights infringements. She pointed out that at the regional level, particularly within ASEAN, there has been minimal advancement regarding the 5-point consensus of ASEAN. She resonated with the High Commissioner’s appeal that it is crucial to reinforce that agreement. She also indicated the need to build its own human rights capacity by bringing the Myanmar issue to the forefront of discussions within the ASEAN regional human rights framework. She underscored that the UN has limited access to Myanmar. Shifting her focus to humanitarian access, she stated that it is essential to prioritise local government structures, including cross-border channels that are not under military control. She noted that both the military and the Arakan army are forcibly recruiting the Rohingya, stressing the importance of implementing the ICJ measures and advocating against any return processes that are not voluntary and lack dignity and sustainability. Their lack of citizenship leads to severe constraints, including daily dangers that must be addressed.
In her closing remarks, she noted that Myanmar is facing one of the most severe crises in the region and deserves increased support, stronger leadership, and more attention, as the situation is bound to escalate in pursuit of a political resolution, and all stakeholders must continue to raise awareness so that the issue remains in the public eye.
Geneva International Centre for Justice Position
Geneva International Centre for Justice (GICJ) stands in solidarity with the recent report from the UN High Commissioner. With a profound commitment to promoting and upholding human rights, GICJ denounces the ongoing repression of human rights affecting civilians in Myanmar. The persistent and alarming violations of human rights that are taking place at this very moment not only pose an immediate threat to the rights and freedoms of the people of Myanmar but also jeopardise the foundational principles of international human rights that are meant to protect all humanity.
GICJ, alongside Meezaan Centre for Human Rights, calls upon the global community to take swift and decisive action.
“As mentioned by the High Commissioner, the military is continuing to persecute thousands of civilians and attack and set fire to homes, creating new ways of displacement and adding to their suffering from the past years. All these forms of violence leave invisible scars, and the psychological condition of all civilians is at risk.” - Carolina Atlee.
#HRC57 #Myanmar # Human Rights Violations #TortureAgainstCivilians #Genocide #GICJ #GenevaInternationalCentreforJustice
