Human Rights Council Panel Discussion on Rohingya Crisis Highlights Rohingya Voices to Develop Durable Solutions
GHRTV
21-06-2023
Sivasankar, Reva Kulkarni, Shruti Lal
Team UN Geneva Researchers,
Global Human Rights Defence.
On the 21st of June, the 53rd Session of the Human Rights Council held a panel discussion on human rights violations against Rohingya Muslims and other minorities in Myanmar. Opening statements were made by Deputy High Commissioner of Human Rights Nada Al-Nashif, Yasmin Ullah, Chris Lewa, Kyaw Win, and Mohshin Habib. Deputy High Commissioner Al-Nashif highlighted the suffering of minorities in Myanmar since the coup of February 2021, which was recently worsened due to Cyclone Mocha, rendering people vulnerable. She recalled the need for “robust” support, and to work towards durable solutions in the hopes and human rights of Rohingya Muslims and other minorities. Ms. Ullah is a Rohingya activist who has a first-hand understanding of the impacts of genocide and mass atrocities. She acknowledged how, under the Myanmar government, “identity is used as a tool to oppress”, and that recognition of the Rohingya as citizens of Myanmar is not enough, there also needs to be recognition of their indigeneity to the land. Ms. Lewa, the founder of the Arakan Project, noted the displacement in the Rakhine province and the 750,000 refugees who are in Bangladesh as of 2017. Moreover, she emphasised the failed repatriation attempts in both 2018 and 2019, since conditions did not guarantee the safety and dignity of the Rohingya. Mr. Win was a refugee himself, and argued that “the Rohingya situation has been politicised and neglected”, and that the junta’s actions will not end with the Rohingya, but will soon target other minority Muslim groups in Myanmar. He drew attention to the 1982 citizenship law as the root cause that gave way to the Rohingya genocide and anti-Muslim policies. Mr. Habib, the adjunct professor from Laurentian University, declared the Rohingya as being the “world’s most persecuted minority”, and referred to a 2018 UN report that confirmed the premeditation of the Myanmar military, that was pre-planning and “solving the problem” of the Rohingya through “clearance operations”, and the need for compensation by Myanmar by acknowledging the violence against Rohingyas, citing USD 9.5 billion as a fair compensation.
The panel then opened the floor to the States, where Pakistan (on behalf of the Organisation of Islamic Cooperation), alongside Kuwait, Indonesia, Gambia, Egypt, and Iran deplored the disenfranchisement of the Rohingyas, and called for the repatriation of Rohingyas with dignity and safety. Moreover, they welcomed dialogue between Myanmar and Bangladesh through the Repatriation and Reintegration Operation. The European Union (EU), alongside Luxembourg (on behalf of Belgium, the Netherlands, and themselves) called for the junta to comply with the International Court of Justice, the International Criminal Court, and the Independent Investigative Mechanism for Myanmar (IIMM). The EU specifically highlighted the importance of “conditions for voluntary, safe, and dignified return” of the Rohingya to Myanmar as part of the repatriation process, and asked the panel what specific measures would durably and sustainably improve the situation for the Rohingya in Myanmar. Another centre of interest regarded Bangladesh, who is hosting over 1.1 million Rohingyas including those who fled in 2017. They referenced the agreement for the repatriation project with Myanmar, which they saw as the first step towards more sustainable solutions to the crisis. They urged for the protection and support of local humanitarian actors and highlighted their effort to ensure voluntary return of the Rohingya to their ancestral homeland in Myanmar, thus acknowledging their indigeneity to the country.
The floor was then given to a few non-governmental organisations namely, the International Bar Association, Iuventum, Islamic Human Rights Commission, Human Rights Watch, Association Ma'unah for Human Rights and Immigration, Asian Forum for Human Rights and Development, and the International Network of Human Rights. They echoed similar sentiments of the need to review the citizenship law, ensuring legal protection and access to the internet for those displaced, and urged the authorities to cooperate with fact finding missions. Stating that a “small step is better than no step”, the strong statements reflected their appeal to identify leaders from the Rohingya so that local forces can be included in efforts for transitional justice. They demanded higher humanitarian responses, encouraging states to support independent investigations asserting that no solution is feasible as long as the violence persists. The Human Rights Watch stressed the violations of ASEAN’s 5 point strategy carried out every day without repercussions, which brings to light the state of apartheid the Rohingya are subjected to live in. States neighbouring Myanmar were reminded of their obligations of non-refoulement, coupled with the recommendation of carrying out arms embargoes for durable solutions instead of paying mere lip service.
In the closing statements, the Deputy High Commissioner prioritised a two-pronged approach which had short-term and long-term goals. The short-term goals include the need for more humanitarian aid in Bangladesh, freedom of movement and livelihood, and the assurance that transition from closed camps will be done in cooperation with the Rohingya. In the medium and long-term, it was proposed by the Rakhine advisory group and fact finding commission to create citizenship laws and the space for durable return coupled with increased resettlement options and pursuing accountability through the ICC and ICJ. Ms Ullah, concurring with the Deputy, stated that the Council must “understand they are humans, not just those in need”. She requested the use of proper language that recognizes who they are, highlighting that living under the junta reign is not a political issue, rather an ideology that people need to separate themselves from. Emphasis was laid on transitional justice being the centre of solutions, including, but not limiting to truth and reconciliation efforts. Following this, Chris Lewa underlined the action that must be taken by the international community that were in contact with the National Unity Government (NUG), supporting civil society through them and including the Rohingya in the cabinet. She was optimistic of the recent actions of the military when they provided aid to two villages, not discounting the other times they blocked aid. Kyaw Win brought to attention that seventy percent of those in Southern Burma do not have citizenship, and that this is a ticking time-bomb that could explode into another humanitarian situation. He painted a grim picture declaring we would only find burnt villages if we were to explore the areas on Google Earth, before stating that the authorities need to be taken to the ICC. Mohshin Habib laid down two types of durable solutions- external and internal. Of the external ones, he called out ASEAN for maintaining business as usual, demanding the suspension of Myanmar from the bloc. He further noted the pressure the international community can exert on arms embargoes before moving on to the internal measures that depended on the politics of Myanmar; acknowledging violations, reimagining a free society with participation from the Rohingya in it, and a genuine change from the NUG.
