RB News

25.2.2014

Washington, D.C. -- The Senior Advisor to the Government of United States on Burma/Myanmar, Judith Cefkin, and the Director General of Arakan Rohingya Union, Dr. Wakar Uddin, met at the State Department in Washington D.C on Rohingya issues in Burma. The meeting was primarily aimed at how to tackle the most challenging issues facing Rohingya ethnic minority in finding a diplomatic solution to bring peace, reconciliation, and communal harmony in Arakan state. Dr. Uddin covered a number of issues including the recent violence in Maungdaw that set off series of concerns by the international community. However, the primary points of the meeting were the verification process, national census, internally displaced person (IDP) camps, situations in Rohingya villages in various townships, and the most challenging issues in military-drafted 1982 citizenship law. Dr. Uddin explained the most widely debated ethnic code number system, particularly referring to the “Other” category outside 135 groups recognized by the former military regime. Dr. Uddin also pointed out that there are too many sub-groups, ranging from less than a dozen to 53 sub-groups within a group, while some most relevant groups such as Rohingya are left out. “This dilution of ethnic groups to numerous sub-groups are not desired by certain ethnic groups because this dilution politically weakens them; further some analysts argues that it is rather a divisive strategy crafted by the previous hardliners in the regime then” Dr. Uddin said. 

“One particular thing that I am very disappointed at is the inconsistent and often contradictory messages by the Government officials about the description of ethnic race for Rhingya people” Dr. Uddin stated. “After all these suffering and deaths since the 2012 violence, some officials have not stopped labeling the Rohingya as Bengali – How is this helping in bringing peace and stability?” Dr. Uddin pointed out. The meeting followed an overall theme of identifying avenues on how to reach out to reasonable voices in the Government and other communities in Burma that are serious about facilitating peace and communal harmony in Arakan and Central Burma. Dr. Uddin again asked the US Government to continue to engage with the Burmese Government by all diplomatic means.

By Bangkok Post

February 24, 2014

Critics claim the first population-wide survey in 30 years is designed to ‘divide and rule’ and weaken ethnic minorities' political position

Officially, Wut Yee Maung has a complicated background. If her Myanmar ID card is to be believed, she is a young Muslim woman who is half Burman-Pakistani and half Burman-Pathan. But the reality is different: Neither of her parents are Burman or Pakistani, and how she came to be registered as such is a mystery to her. 

When the census-taker comes around, Wut Yee Maung could register as Pathan, but to do so she will have to be listed under code 914: “Other”. The Pathan are not included among the 135 fractious and sometimes overlapping ethnic groups recognised on the Myanmar government’s official list. Instead, because of the prevailing tensions in Myanmar and on the advice of family members, she is inclined to conceal her Muslim identity and register as Burman and Buddhist.

This kind of confusion will play out time and again when Myanmar’s first census in three decades is held over 12 days, starting on March 29. The government is deploying 100,000 teachers as trained census-takers across the country to get a more accurate picture of the population’s size and ethnic make-up. The government estimates the population at just under 61 million, while the Asia Development Bank puts it just above.

Each person can freely choose the ethnicity they would like to be recorded as, but several significant minority groups — including Burmese Muslims, Pathan, Pathi and Rohingya — will have to select code 914.

Critics fear the difficulties of getting accurate ID cards and the complex ethnic groupings under the census will hamper minorities’ rights, lead to under-representation at state and provincial government levels, obstruct peace negotiations and prolong the government’s “divide and rule” tactics. Because of the confusion, and the fact many people who belong to ethnic minorities in Myanmar have flawed ID cards, several communities have taken it on themselves to hold their own, parallel censuses.

One of these will be Shan state, where the Shan Population Collecting Committee is encouraging people to take part in both the government census and one of their own making. Naing Haeo Hseng, a central committee member, said there would be some extra questions about national ID cards, such as whether the respondent had one and whether the information on it was correct. If there is a discrepancy between someone's ID card and how they are recorded on the census, it remains unclear whether they will be able to vote for a representative of their ethnic group in next year's elections.

Naing Haeo Hseng calls the list “a crazy one” because the Shan are divided into 33 sub-groups, some of which are mentioned twice but in different languages. The Shan Population Collecting Committee will use a list of 18 ethnicities instead of 135.

The committee also planned to apply for national ID cards for those who do not have one, and to change incorrect cards. However, Ministry of Immigration and Population director-general U Myint Kyaing said the government had made no plans for providing new ID cards, so the issue is unlikely to be resolved before the 2015 elections.

The government has officially recognised eight main ethnic groups — the Bamar (or Burman), Chin, Kachin, Karen, Kayah, Mon, Rakhine and Shan — while the other 127 are all classified as sub-groups. These categories are proving controversial, with some from large ethnic groups claiming there are too many divisions — the Chin have 53 sub-groups. On the other hand, some small groups have complained about being labelled as part of larger ethnicities.

U Myint Kyaing insisted the list was based on the outcome of the 1973 census, would only be used for reference purposes and would not be changed.

A member of the census team, who spoke on condition of anonymity, said: “If nobody answers, that ethnicity will disappear. We are not saying these are our nationals, the list is just for coding reference. We are not defining their identity.”

Tensions have also mounted around the census because minority groups fear that wrongly categorised ethnicities could damage their claims for indigenous rights and obstruct peace negotiations with the government.

Women's Organisations Network of Myanmar chairwoman Susanna Hla Hla Soe is worried about the potential danger posed to the peace process as the list could cause friction among larger ethnic groups that talk in unity to the government. “Now our country is going to negotiate peace, it should not become an obstacle to peace,” she says.

Bertil Lintner, a journalist and author of several books on Myanmar, said: “The biggest problem is that the census will create divisions and the whole purpose behind it is divide and rule. People are not like flowers, insects or butterflies, you cannot divide them into different species.”

Burmese Muslim Association representative Myo Win said code 914 was worrying because it covered ethnic groups that were not officially denied citizenship but often have difficulty obtaining ID cards.

Myo Win said Burmese Muslims were an official ethnic group when the census of 1973 was conducted but this changed after the introduction of the 1982 Citizenship Act, which he calls “the apartheid law”. After that, the name of the Muslim population was changed to Pathi and was still not recognised.

Many Rohingya are also Muslim and denied citizenship under the 1982 law. The government refers to many Rohingya as “Bengali”, claiming they are illegal immigrants from Bangladesh. Bangladesh also does not recognise the Rohingya as its citizens.

U Wirathu, the leader of the 969 Buddhist nationalist movement in Myanmar and well-known for his anti-Muslim sermons, has been exploiting the lack of data about the Muslim population to illustrate his claim that they pose a threat to Buddhism. The movement says the Muslim population is about 23% and they are a danger to the Buddhist identity.

“They [Muslims] are breeding so fast and they are stealing our women, raping them,” U Wirathu told Time magazine. “They would like to occupy our country, but I won’t let them. We must keep Myanmar Buddhist.”

Myanmar has been plagued by religious violence since clashes occurred between Muslims and Buddhists in 2012. U Wirathu’s sermons have been said to instigate the violence, an allegation he denies. Civil groups dispute that Muslims comprise such a large part of the population. The census, if conducted according to international standards, could provide an opportunity to debunk U Wirathu’s claims.

“The Muslim population is about 8-10% of the total population, the government says it is about 4% and Wirathu says it is 23%,” Myo Win said.

Perhaps the census will provide a clearer picture, but perhaps the facts will get lost in the confusion of the 135 ethnic categories and the controversial code 914.

February 23, 2014

Continuing animosity between Buddhists and Muslims in Myanmar leaves many Rohingya unable to return to university. It has been months since the violence between Muslim Rohingya's and Buddhists in Myanmar came to an end.  But Rakhine state remains deeply divided, with many Rohingya university students unable to return to class.  Al Jazeera's Florence Looi reports from Sittwe.

RB News 

February 23, 2014

Maungdaw, Arakan – The Investigation Commission established by President Thein Sein had visited Duchiradan village in Maungdaw Township of Arakan State and a Rohingya wounded man sent to hospital for threatment by them was arrested by police after they left from Maungdaw.

On February 17, 2014, the Investigation Commission visited Duchiradan village and met two Rohingya men. One was wounded by bullets and another was wounded by a sword. The Commission sent the man wounded by sword to the hospital in Maungdaw for medical threatment. The mans name is Ziabul S/o Mamed Ameen (around 30-year-old).

The Investigation Commission left Maungdaw on February 20 and Ziabul was arrested yesterday. Just two days after the Commission left. He was first taken to his family by police. They then took a photo of him with his family. They didn’t return him to his family though. Instead they took him to an unknown place. The reason they took the photo with his family is to show the commission if they were questioned. 

Ziabul reported the incidents of January 13 and 14 to the Commission, as he experienced many. After all, he himself was hacked by the swords of Rakhine extremists. Now the family is very worried as he was taken to an unknown place. They are worried that he will be killed by the police for speaking the truth and gave good evidence for the Investigation Commission. 

Although the villagers wanted to contact the Investigation Commission and inform them of the matter they were not given any contact addresses or phone numbers. They are worried now that their lives are in great risk as many had spoke to the Commission on February 17. They said their lives must be protected by the Investigation Commission and the Government.

By Zin Linn

OpEd News

February 22, 2014

Burma or Myanmar has a bad record concerning topic of human rights to date. Human Rights Watch criticizes Burma's lately formed National Human Rights Commission (NHRC) which has not take part in competent role to scrutinize human rights violations in conflict zones. In February 2012, the commission's chairman, U Win Mra, said that the commission would not look into allegations of abuses in the country's ethnic armed conflict areas due to the government's efforts to negotiate ceasefires.

HRW has also made a recommendation to the parliament which needed to pass legislation that would bring Myanmar's NHRC in line with the Paris Principles on national human rights institutions in order to establish it as an independent and effective institution. However, people do not satisfy with the NHRC's activities since it has made little progress for citizen's rights protection.

Recently, the Network for Human Rights Documentation -- Burma (ND-Burma) has released a periodic report documenting the human rights situation in Burma or Myanmar during the period of July 2013 -- December 2013. The report focuses on 106 cases of human rights violations (HRVs) committed by the government and its supporters in the 14 states and regions throughout the country.

There are many serious human rights violations addressed and highlighted in the report; torture, extra-judicial killing, illegal arrests and detention, arbitrary taxation, property crimes, forced labor, trafficking, forced displacement and rape.

ND-Burma's recent report says that while on a tour to Europe, President U Thein Sein promised to release all political prisoners by the end of 2013 and declared that there would never again be any political prisoners in the country. Yet, by the time of composing the report, there are 33 political prisoners imprisoned in reference to "The Review Committee for Remaining Political Prisoners'.

Even though most political prisoners were released under section (18) and section 505-b, they were not free unconditionally but released under section 401, the report says. These conditions mean that human rights and political activists can still be re-arrested at any time. The Government is yet to abolish or amend this law. Then ND-Burma highlights that campaigners and human rights advocates constantly urge the government to take steps towards abolishing these unjust and undemocratic laws.

ND-Burma documented 27 cases of forced labour, 26 cases of land confiscation and 21 cases of torture. The violations were committed as direct result of on-going armed conflict and the military involvement in trade and industry.

According to the report, "The confiscation and destruction of property that ND-Burma has reported through the efforts of field workers has been reflected by the growing number of reports in recent news out of Burma. The weakness of the 2012 Farmland Law has allowed the government and closely linked businesses to continue to commit these HRVs unabated."

As Burma has been carrying out democratic reform process, it should strictly pay attention to make a good human rights record. The government needs to cautiously review on "Resolution on the Situation of Human Rights in Myanmar' which was released by United Nations Human Rights Council on March 19, 2013.

The UNHRC expresses concern about remaining human rights violations, including arbitrary detention, forced displacement, land confiscations, rape and other forms of sexual violence, torture and cruel, inhuman and degrading treatment, as well as violations of international humanitarian law, and urges the Government of Myanmar to step up its efforts to put an end to such violations and to take necessary measures to ensure accountability and end impunity, including by undertaking a full, transparent and independent investigation into all reports of violations of international human rights and international humanitarian law, while also calling for proper investigations into detention and prison conditions and allegations of the use of torture in prisons.

In March last year, Tomás Ojea Quintana, the UN Special Rapporteur on the human rights situation in Myanmar called on the Government of Myanmar to take urgent steps to tackle the prejudice and discrimination fueling violence and destruction between Muslim and Buddhist communities, as said by the UN News Center. 

He called on other institutions such as Parliament, the Supreme Court and the National Human Rights Commission to play their role in protecting constitutionally guaranteed rights, including freedom of religion, as well as the need to include civil society and political parties to tackle prejudice and discrimination.

In its conclusion, the ND-Burma Report says that U Thein Sein called for a nation-wide cease-fire with the ethnic armed groups to implement a peace negotiation process; however, there are still serious human rights violations taking place on a daily basis in ethnic areas. These human right violations are not only taking place in conflict zones but also in ethnic areas where they have already signed cease-fire agreements. For instance there were over 150 clashes of offensive incidents in Shan State that are under RCSS/SSA control in 2013, as said by the report.

Such rights abuses committed by government armed forces would not help to implant trust in the relationships between Government and ethnic armed groups. Even though the government has released several political prisoners, the report criticizes that it continues to re-arrest political activists who made protest without permission under the section 18.

As a matter of fact, the Myanmar National Human Rights Commission has a massive responsibility to scrutinize human rights violations of the government. Besides, Myanmar has to do more on human rights rule and regulation clearly. If the government officials breach the laws, the relevant officials have to keep an eye on and call attention to violations. The formation of the MNHRC seems totally against international standards. This Human Rights body must be formed with independent human rights experts.

In a statement dated 13 July 2013 ahead of President U Thein Sein's visit to London, HRW says that there are various human rights risks to do business in Burma/Myanmar. These include the lack of rule of law and an independent judiciary, major tensions over the acquisition and use of land, and disregard of community concerns in government-approved projects. The military's extensive involvement in the economy, use of forced labor, and abusive security practices in business operations heightens concerns. Corruption is pervasive throughout the country, the watchdog criticizes.

In essence what the Government is giving with one hand it is taking away with the other, ND-Burma made a comment. It also said that people of Myanmar want to trust the Government but the evidence shows its promises are every now and then empty. Only by revealing the truth and seeking justice can the Government gain the trust and respect of the people, the human rights network points out.

February 22, 2014

By Harun Yahya

Arab News

February 22, 2014

When after years of house arrest, Aung San Suu Kyi aptly described by many as the architect of democracy and human rights was allowed to enter politics, citizens of the world must have had heaved a sigh of relief.

Her entry into the political arena was not only seen as a good omen for democracy in Myanmar but also raised expectations of many that it would put an end to the plight of the defenseless Rohingya Muslims in the province of Rakhine. Ironically, on both fronts the situation is not very reassuring.

Despite Suu Kyi’s willingness to take part in the 2015 general elections, the sword of Law 59f is hanging over her political career, which bars anyone with family members who owe allegiance to a foreign power from participating in polls. Analysts believe it was a shrewd clause deliberately inserted into the constitution by the military junta to cope with such a situation. On the other hand, relentless oppression against Rohingyas, the most-persecuted group of people in the world, continues unabated. Whether out of political expediency or an uncertain future that is barring the peace icon from stepping in to address the situation, is difficult to say. That’s a tricky question. However, one thing is clear that the military junta is still very much in control, as it enjoys enormous constitutional powers. Without clipping the wings of the military and confining it to the barracks, achievement of a true democracy will remain a distant dream. 

In all fairness to the Noble laureate, we cannot shift the entire responsibility on one person who is struggling to gain a foothold in a system that does not perhaps even recognize basic human rights. What is the rest of the world doing to resolve the issue? Why pin hopes only on Suu Kyi? Is it the same way the international community responded to the so-called Spring in the Arab World, when it turned bloody? Too many questions without appropriate answers! It is like talking to a wall. It is indeed a very depressing situation.

The poor Rohingyas are far from being political so any uprising on those lines is a far-fetched idea. This writer thinks many of the Rohingyas themselves must be wondering as to what they have done to deserve such a treatment. They are being butchered on a massive scale every now and then. Rights organizations are describing it as a slow-burning genocide.

The recent in the series of massacres took place in Du Chee Yar Tan village in the township of Maungdaw on the night between Jan. 13 and 14. According to credible media reports, a group called “969” attacks villages and unleashes a wave of terror on poor Rohingya Muslims reportedly with the connivance of local authorities.

The wave of slaughter that began in Du Chee Yar Tan has been described by Human Rights Watch (HRW) as “ethnic cleansing” and “crimes against humanity.” The United Nations, the United States and the United Kingdom issued official statements in the wake of the events. The Myanmar government was called upon to protect the Rohingyas by permitting humanitarian aid to reach them, improving humanitarian conditions in the camps and restoring their citizenship rights. UN High Commissioner for Human Rights Navi Pillay said they had documentation regarding the attacks and deaths and demanded that Myanmar officials open a swift and impartial investigation.

It is tragic that the so-called reform government in Myanmar has as of yet taken no steps to prevent these events and ensure the punishment of those responsible. It said that what has appeared in the world press was a smear campaign and that a national commission would investigate events if necessary. In order to hoodwink the world, the Myanmar government set up a national commission to investigate the events in Du Chee Yar Tan village. A representative of the Rohingya people was added to the 27 members of this commission, which had also investigated the events in 2012 in order to give the impression the rights of the Rohingyas were being protected. However, villagers stated that this person, identified as Mawji Hullah, was a government supporter who acted against the interests of the Rohingyas, and that this measure was purely eyewash. The Rohingyas stated that the commission’s 2012 report did not reflect the truth and that events had been misrepresented to the global media. They are, therefore, calling for all countries, the UN and human rights organizations to impose economic and political sanctions on the Myanmar government until they agree to the establishment of an independent investigative commission.

While the world’s attention is focused on the Middle East, the Rohingya people have for years been exposed to the most ruthless oppression; various extreme nationalist terrorist groups are on the prowl literally hunting down Rohingyas. The reform government that recently came to power in Myanmar had emerged as a ray of hope for the Rohingyas but to no avail. This turmoil in the country represents a grave threat to Myanmar’s political, social and economic development.

This is a source of great concern. The future of democracy in Myanmar depends on how the current government, which is moving away from the shadows of decades of military rule, handles the Rohingya issue. This is a make or break situation for the government. This is the time when the government representing a budding democracy takes effective measures to address the issue and lays the foundations of an all-inclusive democracy. 

Myanmar is coming out of its decades-long isolation. It is a golden opportunity for democratic forces, particularly Suu Kyi, to act in support of the Rohingyas. This will, on one hand, put an end to the bloodshed in Rakhine and on the other hand boost the stature of democratic forces of Myanmar in the world. However, if the government fails in protecting the minorities, strict economic and military sanctions should be imposed to ensure an end to this bloodshed.

The writer has authored more than 300 books translated in 73 languages on politics, religion and science.

February 21, 2014

Matt Smith, formerly Human Rights Watch researcher and author of the HRW report on the Rohingya ethnic cleansing in June and Oct 2012, -- http://www.hrw.org/reports/2013/04/22/all-you-can-do-pray-0 - will be presenting the findings of his independent investigation of the leaked official Myanmar documents 

These leaked documents are said to have established the state's policy , in writing, - at both local and national levels - of discrimination, persecution, abuse and otherwise destruction of the ROHINGYA as a group, a community and a people in Western Burma. 

For time, date and venue - see the attached PDF. 

The government's official estimate puts the number of Myanmar's Rohingya at about 1.33 million. Only 40,000 hold citizenship or any legal documentation. 

Out of the 5 genocidal acts spelled out clearly in the Article 6, Rome Statute (july 2002 and 1948 Geneva Convention on the Crimes of Genocide), successive Burmese military governments since in 1970's have, verifiably, guilty of 4. 

The predominantly Buddhist society at large - the one that taught me the virtues of Metta (Buddhist term for 'universal loving kindness') is secondarily murderous towards the Rohingya through their popularly genocidal speeches, ideas, attitudes etc. 

I have co-authored a baseline study of the Rohingya persecution based on the findings from a 3-full year empirical research on this issue, interviews with the Rohingya, communications with ex-Burmese military officers including junior generals, religious leaders, human rights researchers, etc since 2011. 

The said study (27,000-words) will be published in the forthcoming issue of the Pacific Rim Law and Policy Journal (Spring 2014), the University of Washington Law School - see http://www.law.washington.edu/pacrim/

For those of us who have systematically studied the Rohingya persecution over at least 3 and a half decades, the above-mentioned leaked official documents only reinforce and lend further credibility to our definitive conclusion. 

The question is NOT whether Myanmar is committing a genocide against the Rohingya, but rather why has the international community, so-called, opted to NOT call the plight of the 1.33 million Rohingya by its proper name: genocide or more accurately, a slow-burning genocide. 

If you think the terms genocide or the slow-burning genocide are nothing but an activist spin to get the world's attention just have a look at the objective facts on the ground, which result from the official state policies - that is, THE INTENT: 

1.A:

in the two largest pockets of Rohingya in the country - Buthidaung and Maung Daw, the doctor patient ratios are estimated to be: 76, 000: 1 (doc) and 83,000: 1 (doc) (national and local/provincial ratios are about 375:1 and 550:1 for non-Rohingya 

1. B

The Rohingya are NOT allowed to train in medical field, or any other professional disciplines.

2. 60,000 Rohingya children are not registered - in direct violation of the Right of the Child to have a nationality at birth. 

3. infant mortality rate and the mortality rate among children below 5 among the Rohingya children are also twice or thrice national average. 

4. over 80-90% of the Rohingya adults are illiterate in a country which won a UN-award for the eradication of illiteracy among adults. They are by and large denied access to schooling. 

5. over 140,000 are placed in semi-concentration camps where extraction of forced labor is rampant, sexual violence, summary execution and extortion are norms. 

6. out of a myriad of Burma's ethnic groups, the state has developed and attempted to enforced ethnic population control as a matter of policy, ONLY AMONG the Rohingya - both through severe marriage restrictions and in many cases forced sterilization 

7. law enforcement agencies throughout the Rohingya regions of Western Burma enjoy TOTAL AND BLANKET IMMUNITY from whatever persecutorial acts the former may engage in - rape, gang-rape, execution, abduction, daily abuses, threats, intimidations, etc - 24/7 and year round. 

8. the Rohingya who are NOT put in the semi-concentration camps have been living in a total of 11 security grids with heavily armed guarded posts, and their physical movements even between one community to the other are closely monitored, controlled and forbidden at the pleasure of both central and local state authorities. 

9. Myanmar governments regularly deny any wrong doings while covering up its mass atrocities against the Rohingya and disposes countless number of dead bodies of the murdered or slaughtered Rohingya - male, female, children and elderly 

10. empirically, Myanmar governments, in close collaboration of the local Nazi-inspired segments of the Rakhine Buddhists and backed by the popularly genocidal Buddhist public, have long attempted to deny, restrict or otherwise make it difficult for the delivery of any humanitarian aid, including basic survival food, to the Rohingya. 

11. these Myanmar governments are found to be engaged in a pattern of systematic and verifiable attempts aimed at the destruction of the social and economic foundations of the Rohingya community at large over the past nearly 40 years. 

12. the destruction of the Rohingya as a group, in whole or in part, began with Burma/Myanmar government's deliberate erasure/destruction of their identity, both self-referential and formerly officially recognized, as ROHINGYA - as early as 1982. (through the Rakhine-nationalist-inspired Citizenship Act of 1982 enacted under General Ne Win's one-man dictatorial rule - 1962-88). 

12. Talking about them as simply 'citizenship-less' or 'stateless-people' is to look at the symptom of the state-sponsored slow-burning genocide which began in the late 1970's with the first state-directed large scale wave of repression of the Rohingya. 

13. No UN agencies, no foreign power, 'Eastern' or 'Western', no multilateral organizations, no reputable academics or lawyers are calling the Rohingya genocide a genocide - because, as Human Rights Watch's 12-page report in 1993, put it - and I am paraphrasing it - there is no strategic gains or commercial benefits from ending the Rohingya's suffering! 

Successive waves of ground staff of international and UN agencies, especially those with even the rudimentary understanding of the Genocide Convention - KNOW first hand this: what they have witnessed about the plight of the Rohingya most definitely amounts to a GENOCIDE. However, as a matter of policy, UN gags its staff, both local and international. 

The United Nations agencies around the world are well-documented to trade their silence in exchange for access to the country - access to do what? put a band-aid in a cancerously genocidal context??? 

Now thanks to FortifyRights and its founder Matt Smith, the world will see first hand the documentary evidence behind the Rohingya genocide.

The world, especially the governing global institutions, must bear the responsibility to protect the 1.33 million Rohingya when Myanmar itself is the main genocidal perpetrator. 

Further, the new documentary evidence should reshape or re-shape significantly the argument about the Rohingya - from the simply 'religious' or 'sectarian' to the GOVERNMENT(s) of Burma or that the violence against the Rohingya is an unfortunate but 'not unnatural part of any democratic opening of formerly closed societies - the argument that has been put into circulation by individuals, governments and organizations (for instance, the International Crisis Group, Indonesia, etc. ) that want to cozy up to the Burmese regime which is neither democratic nor transitional - in any meaningful sense of the words. 

That means the partnering foreign governments and businesses, UN agencies, international financial institutions can be considered, in theory and practice, culpable - BOTH the Obama Admin and David Cameron government, for instance and complicit in the genocide of the Rohingya. 

Never again! will remain a cheap slogan as long as the international community, especially those who run global governing institutions, look the other way when ending the genocidal plight of the Rohingya is considered to have no strategic or commercial value.

POLICIES OF PERSECUTION: ENDING ABUSIVE STATE POLICIES AGAINST ROHINGYA MUSLIMS IN MYANMAR

By Oman Tribune Editorial

February 20, 2014

The news that Thailand has sent back 1,350 Rohingya Muslim refugees to Myanmar is shocking. They were among the 2,000 who braved the choppy seas to escape persecution to what they thought was the safety of Thailand. Their hopes have now been belied. This is happening at a time when all right-thinking people everywhere, fighting for the rights of those deprived of freedom and a life of self-respect and dignity, are calling for ways to end the suffering of the Rohingyas. The United Nations has described them as being among the world’s most persecuted people.

There is no doubt that the Rohingyas have suffered a lot. Though living in Myanmar for more than a century, they have not been given citizenship. In every respect, they have been treated as second class citizens. In the mid-1990s, thousands of them fled persecution to Bangladesh. An international outcry occurred. Subsequently, after being provided with much-needed relief, most of them returned to Myanmar. And they lived in eternal fear of the next moment. The last two or three years have witnessed more pain and tragedy for them. It all culminated in the killing of 200 of them during the course of riots spearheaded by extremist Buddhists in their Rakhine state about two years ago. That the government is covertly supporting the Buddhists is evident from the fact that not many of those responsible for the rioting and killings have been sent to jail. Even at this moment, the persecution of the Rohingyas continues with the government continuing to ignore demands in some quarters – especially Islamic nations and human rights organisations -- that they be recognised as citizens of Myanmar and be given all the rights that other Myanmarese have. 

There is just one way to force the Myanmar government to see reason. But whether it will ever be reasonable remains to be seen. It must be remembered that the military regime had defied the odds during the decades-long sanctions era and ruled with an iron hand. But it is worth trying with countries like India, the United States, China and a few others loosening their embrace of President Thein Sein a bit. But the lure of Myanmar’s natural resources is too much for them. Even some efforts by Aung Saan Suu Kyi may be of some help. The Nobel Peace Prize winner has, however, maintained silence. Having presidential ambitions in elections next year, she may not want to offend the majority Buddhists. She may also not want to anger Thein Sein and his military backers as they will have to make constitutional changes that would allow her to be a candidate. The Rohingyas, therefore, have no hope of immediate solace. Their persecution is likely to continue with the world looking on.

The human rights situation in Burma has improved, UN envoy Tomás Ojea Quintana said at Yangon Airport on Wednesday, speaking at a press conference that concluded a six-day visit to the country and also marked the end of his six-year mandate as the UN’s Special Rapporteur on Human Rights in the country.

However, the Argentine diplomat criticised the Burmese government’s handling of the Rohingya crisis in Arakan State and said he has serious concerns over the impartiality of a government investigation into an alleged massacre of 48 Muslims in the village of Duchira Dan in Muangdaw Township between 9 and 13 January.

Quintana noted that Burma had made strides in releasing prisoners of conscience, opening space for freedom of expression, the development of political freedom, and “important progress” in bringing an end to conflict with ethnic armed groups. But he called for a “change of mindset” within all levels of government to allow civil society, political parties and free media to flourish.

The UN’s rights envoy then raised “serious concerns” over the impartiality of a government investigation into allegations by the UN that an Arakanese mob, possibly aided by local police, had conducted a witch-hunt in the Maungdaw village of Duchira Dan [also written Du Char Yar Tan] after a local policeman had gone missing on 13 January.

“I have continued to receive allegations of serious human rights violations being committed during this police operation, which also involved Rakhine [Arakanese] mobs, including allegations of the brutal killing of men, women and children, sexual violence against women, and the looting and burning of properties,” he said.

Quintana warned that the ongoing unrest in western Burma could “jeopardise the whole [political] transition process”.

He said that domestic investigations had to date “failed to satisfactorily address” the claims of a massacre and looting.

Quintana is due to present the findings from his tour to Burma – which also included visits to Latpadaung copper mine and Kachin State – on February 28, but pointed out that he would urge the UN to commission another inquiry if the Burmese government’s probe did not meet international standards.

Quintana said he had met the regional chief of police in Arakan State, who conceded that more than 100 officers, armed with live ammunition, had taken part in a search at Duchira Dan for the missing policeman. However, the police chief maintained that no deaths or injuries were caused during the operation on 13 and 14 January, he said.

Meanwhile, Burma’s state-run media on Thursday reported that Dr Tha Hla Shwe, the chairman of the Investigation Commission, had held separate talks with Roka Kuto of UNHCR and other officials in Maungdaw on Wednesday, and that suspects were being interviewed.

RB News

February 20, 2014

Sittwe, Arakan -- The Minister for Immigration and Population had a meeting with local Rohingya residents from Sittwe on Monday. According to the local Rohingyas who attended the meeting, the minister threatened them. 

On February 17, 2014 the Minister met 47 Rohingya town-elders from Sittwe. The high rank officials from Department of Immigration and Population, State Police Chief and some officials from regional UN and NGOs joined the meeting.

The minister Khin Yee said all Muslims should participate in upcoming census but must be careful in filling in their ethnic name. "All must understand which name will not create problem and which name will have problem." He threatened the attendees that the Muslims will be responsible for any consequence if the name Rohingya is chosen in the census. He meant that the violence against Muslims will take place by Rakhine Buddhists if the name “Rohingya” is filled in.

At the end minister Khin Yee suggests to write “Bengali” but the town-elder Aung Kyaw said our forefathers were Rohingyas and we will fill in the name “Rohingya”. He also added that the Muslims in Arakan filled in the name “Rohingya” in the last census that took place in 1983.

After that, Khin Yee said he was speaking according to the government. It was not his own opinion and not to misunderstand him. He added that the Union parliament will decide if the name “Rohingya” is filled in by the Muslims in Arakan.

Although Khin Yee is a Union Minister according to the law enacted by Union Parliament on July 29, 2013 for the census in 2014, the Minister has no right to suggest or threaten to fill in anything. He can only urge the people to participate and explain how the census will be.

Hla contributed in reporting.

By UN News Centre

February 19, 2014

The independent United Nations expert tasked with monitoring the human rights situation in Myanmar today welcomed the improvements that have been made, but highlighted a number of challenges that, if left unaddressed, could jeopardize the country’s entire reform process.

“I believe there is limited space for backtracking, though – as a senior Government official admitted to me in Nay Pyi Taw – the democratic transition is still fragile,” stated Special Rapporteur Tomás Ojea Quintana, as he concluded his last official mission to the country.

The South-east Asian nation has witnessed a number of positive changes since President Thein Sein initiated a series of reforms two years ago after the establishment of a new Government.

Mr. Ojea Quintana, who has served in his post for six years, hailed some of these positive developments, such as the release of prisoners of conscience, the opening up of space for freedom of expression, the development of political freedoms, and important progress in securing an end to fighting in the ethnic border areas.

He warned, however, that the military retains a prevailing role in the life and institutions of Myanmar for the time being, noting that “State institutions in general remain unaccountable and the judiciary is not yet functioning as an independent branch of Government.”

“Moreover, the rule of law cannot yet be said to exist in Myanmar,” the expert said, adding that the current situation in Rakhine state – which has been the scene of waves of Buddhist-Muslim violence – still represents a particular obstacle and a threat to the reform process.

During his visit, Mr. Ojea Quintana became the first human rights rapporteur to visit Laiza in Kachin state, where he saw villages that had been abandoned over the years by those fleeing advancing military troops.

“The visit to Laiza brought home to me how closely related the fighting is with serious human rights violations, and the importance of securing a national ceasefire accord in the coming months.” In January 2013, the Government announced a unilateral ceasefire following a three-week offensive against ethnic Kachin rebels.

The expert commended progress towards a national ceasefire accord, which could be signed by April. “A critical challenge will be to secure ceasefire and political agreements with ethnic minority groups, so that Myanmar can finally transform into a peaceful multi-ethnic and multi-religious society,” he stated.

On the Constitution, he said that reform was necessary to “embrace the aspirations of the ethnic communities,” and to “address the undemocratic powers granted to the military and further democratize parliament, upholding the right of people to choose their own government and president.”

Among other things, the expert called for a change of mind-set within all levels of Government, to allow civil society, political parties and a free media to flourish beyond the limited freedoms that have currently been granted.

“Detaining journalists for the coverage of sensitive stories is something that belongs in Myanmar’s past,” he stressed.

Independent experts, or special rapporteurs, are appointed by the Geneva-based UN Human Rights Council to examine and report back on a country situation or a specific human rights theme. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

Mr. Ojea Quintana’s full report on Myanmar will be presented to the Council next month.

By Kachin News 

February 19, 2014

The Kachin Independence Organization (KIO) last week called on church goers in its territory to pray as tensions between the group and Burma's military continue to escalate after the recent loss by the KIO of two posts near its Laiza headquarters.

Those attending both Baptist and Catholic churches in Laiza and Mai Ja Yang, the KIO's other major town, have been asked to hold special prayer services in advance of an expected attack by the Burma army, also known as the Tatmadaw, religious leaders tell the Kachin News Group.

The Laiza Roman Catholic church held a 24-hour prayer service on Sunday February 16th shortly after the head priest father N’Bwi Naw met with Nuk Gan from the KIO's Cultural Department, according to a church colleague Lasang Tu San. It is expected that this will continue every Sunday until the situation improves.

At the Laiza Kachin Baptist Church, 24-hour prayer services and fasting have been held every Saturday since the war between the government and the KIO started in June 2011, according to Pastor Rev. Lahpai Shingrip.

Rev. Sumlut Gun Seng a Baptist pastor based in Laiza told the Kachin News Group, “the fighting is starting once again and it could involve heavy weapons. We have to pray to God who can enable everything,” he said.

Most of the Kachin populations are Christian and many Kachin have shown their support for the KIO by taking part in public prayer sessions at Kachin churches across Kachin state since a 17 year ceasefire between the KIO and the government ended in June 2011.

Tensions between the military and the KIO have increased significantly since government troops attacked and captured two KIA frontline posts situated less than 10 miles from its Laiza headquarters.

Government troops took Ja Ing Yang on February 11th and Hka U on February 12th shortly after the government attack was launched.

After the posts were seized the military sent a large numbers of reinforcements from Myitkyina and Bhamo (or Manmaw) and deployed them at Burmese military bases in Nam San Yang and Dawhpumyang, less than 10 miles from the Laiza, according to KIA officers on the frontline.

Burma signals to China that it will attack Laiza

Burmese government officials have reportedly signaled to their Chinese counterparts their intention to take Laiza which sits right on the Chinese border, according to a senior KIO official who wished to remain anonymous.

KIO officials tell KNG that the government forces will not likely attack Laiza or the KIO's other town Mai Ja Yang without receiving some sort of okay from China. Any attack on Laiza or Mai Ja Yang would likely create a huge influx of refugees into China.

By AFP

February 19, 2014

Yangon — The UN's rights envoy to Myanmar on Wednesday raised "serious concerns" over the impartiality of a government investigation into allegations of deadly attacks on Rohingya Muslims in unrest-torn Rakhine state.

Tomas Ojea Quintana warned that tensions in Rakhine, following two major waves of unrest that left around 140,000 people displaced and sparked anti-Muslim violence in other parts of the country, could "jeopardise the whole (Myanmar political) transition process".

He said domestic probes had so far failed to satisfactorily address claims of a recent eruption of violence in a remote part of the state, including "the brutal killing of men, women and children, sexual violence against women, and the looting and burning of properties".

Myanmar, whose sweeping political reforms have been overshadowed by religious bloodshed, has strongly denied civilians were killed but authorities said a police officer was presumed dead after a clash in January.

The government has, however, ordered an inquiry into the incident by a committee that is currently in Rakhine state.

"We need to respect that investigation. At the same time I have serious concerns about the possibility for this investigation... to be impartial and independent," Quintana told reporters.

He added that a history of impunity in the former military dictatorship meant "there has never been an independent investigation of any incident".

Quintana, who was concluding his final mission after a six-year mandate, said the probe was due to present its findings on February 28, but that he would urge the UN to aid another inquiry if it did not meet international standards.

"The international community, the United Nations, have a responsibility also in respect to these incidents, which according to the allegations were quite serious," he said.

Quintana said he had met the chief of the state's police, who had admitted that more than 100 officers, armed with live ammunition, had taken part in a search at the village for a missing policeman presumed to have been killed by local people.

He said the authorities denied any deaths or injuries during the operation on January 13 and 14.

The area where the latest violence is believed to have taken place is mainly populated by the stateless Rohingya Muslims, whose movements are strictly controlled by a heavy security presence.

Myanmar's government considers the estimated 800,000 Rohingya in the country to be foreigners while many citizens see them as illegal immigrants from Bangladesh and view them with hostility.

Two rounds of unrest in Rakhine state in June and October 2012, largely between local Buddhists and the Rohingya Muslim minority, sparked religious unrest that has since spread across the country leaving about 250 people dead.

By Tomás Ojea Quintana

19 February 2014

Yangon International Airport, Myanmar 

I have just concluded my mission to Myanmar, which lasted for six days – my ninth visit to the country, which is also my final visit since I have now served the maximum of six years on this mandate. I would like to express my sincere appreciation to the Government of Myanmar for its invitation and organisation of this visit, and the cooperation it has shown me during the past six years. 

Summary of meetings: 

In Naypyitaw, I met with the Minster of Foreign Affairs; the Minister of Home Affairs; the Ministers of the President’s Office; the Minister of Information; the Minister of Education; the Minister of Health; the Minister of Environmental Conservation and Forestry; the Attorney General; the Chief Justice and other members of the Supreme Court; parliamentarians and members of parliamentary committees, including the Bills Committee and International Relations Committee of the Amyotha Hluttaw; the Election Commission; advisors to the President; and the Chief of Police. I also met with Daw Aung San Suu Kyi. 

In Yangon, I met with former prisoners of conscience; members of the prisoner review committee; members of the media; members of the 88 Generation; a range of civil society organisations, including those campaigning for civil liberties, land rights, and a human rights approach to development; the Myanmar National Human Rights Commission; lawyers; and members of interfaith organisations. While in Yangon, I visited Insein Prison and met with two prisoners of conscience, and made a tour of the female quarter. And I met with the INGO community and members of the United Nations Country Team and briefed the diplomatic community. I would like to thank the Resident Coordinator and the Country Team for the support provided to me during my mission. 

During this mission, I visited Rakhine State, including Sittwe Prison, Shwe Kyaung Monastery, IDP camps and Aung Mingalar quarter. I went to Kachin State, and met with state authorities in Myitkyina as well as Kachin Independence Organisation (KIO) officials and civil society representatives before proceeding up to Laiza for the first time. In Laiza, I met with KIO officials at their headquarters and visited Je Yang IDP camp. I visited Thilawa Special Economic Zone, south of Yangon, and met with communities who had been displaced by the development project and spoke with members of the Thilawa management committee. I also visited the copper mines in Monywa in Sagaing Region, including the Letpadaung copper mine, and met with opponents of the mine as well as the State Government and members of Wanbao, the Chinese company active in developing the copper mine at Letpadaung. 

Kachin State: 

Let me start with the ongoing efforts to secure peace and national reconciliation between the state and Myanmar’s ethnic armed groups. The State and Union government and the Kachin Independence Organisation agreed on my visit to Laiza in Kachin State, a non-State controlled area. This is the first time that a human rights rapporteur has been able to visit Laiza. I believe that allowing this visit will help to support the integration of human rights elements in the negotiations for peace in Kachin State, and that the Government’s permission for my visit was a good gesture to help build trust with the KIO. 

In Laiza I met with the KIO authorities, including the Chairman and the Chief of Staff, who expressed their willingness to agree on a ceasefire but with guarantees of political dialogue. They also expressed their wish to see reflected in the ceasefire an agreement on a code of conduct for troop behaviour, including troop withdrawal, which I believe would have an immediate positive impact on the human rights situation. 

During my drive up from Myitkyina to Laiza, I saw villages that had been abandoned over the previous years by those fleeing advancing military troops. In Je Yang Internally Displaced Persons (IDP) camp in Laiza, I spoke with people who had been violently displaced during the military advances into their villages in August 2011, and listened to descriptions of human rights violations suffered by their families and communities. I received allegations of more recent human rights violations following military clashes in Kachin State and Northern Shan State, including cases of rape, arbitrary detention and torture during interrogation, which I later raised with the authorities in Nay Pyi Taw. I also raised my concerns with the KIO over human rights violations allegedly committed by the Kachin Independence Army, including the reported ongoing recruitment of child soldiers. In general, the visit to Laiza brought home to me how closely related the fighting is with serious human rights violations, and the importance of securing a national ceasefire accord in the coming months. 

The IDPs I visited in Kachin State described how vital humanitarian assistance had been provided by the UN as well as by local religious groups. This highlights the need for the State and Central authorities to provide regular and predictable access to non-government controlled areas by humanitarian organisations. 

National ceasefire talks: 

Positive progress towards a national ceasefire accord continues, with 14 individual ceasefire agreements now signed with the ethnic armed groups and only two oustanding. There is the prospect that a national ceasefire accord will be signed by April. I continue to commend and support this progress. What is now needed is further trust building between the Government and the ethnic armed groups. The implementation of ceasefire agreements has been poor due to the absence of monitoring mechanisms. Rather than drawing back troop numbers, in many areas, including in Kayin State, the military has reinforced existing outposts and confiscated land. The KIO told me that while the Union Government negotiates a ceasefire agreement, the army continues to push forward and attack outposts. In my meetings in Nay Pyi Taw, relevant senior Government officials acknowledged that greater internal coordination was needed to address this. Furthermore, the lack of grass roots participation in ceasefire negotiations means that people lack confidence in the implementation of agreements that have been signed. The lack of transparency in negotiations has also enabled ethnic leaders to benefit from profitable business deals, which has led communities to question whether their interests are at the heart of negotiations. 

Inclusive political negotiations need to proceed quickly following ceasefire agreements, so that underlying grievances can be addressed. This will do much to bridge the gaps in trust. In my meeting with Aung Min, Minister in the President’s Office leading the peace negotiations, he reassured me of the Government’s commitment to promptly pursue political dialogue following the signing of a national ceasefire accord. The Government should also consider the involvement of international mediators in these political negotiations to help address the lack of trust. 

Whatever the course of these negotiations, military and non-state actors need to abide by humanitarian and human rights law. This has been a persistent call of mine throughout the course of my mandate. 

During my visits, I have continued to meet with refugees and internally displaced persons and listen to their stories, concerns and hopes for a better future. They desire to return to their land, but continue to fear and mistrust the military that caused them to flee in the first place. In places such as Kayin State, the Union and State authorities needs to ensure the provision of land and guarantee the rights to education, healthcare and livelihoods to reassure these refugees on return. I also encourage the Government to send out clearer messages of reconciliation to these communities to welcome them back. 

Constitutional reform: 

At some point, addressing the underlying grievances of Myanmar’s ethnic groups will require changes to the Constitution. Constitutional reform is inseparable from the process of national reconciliation. Reform will need to embrace the aspirations of the ethnic communities to have a say over their own future and benefit from the resources held within their lands. Constitutional amendments are also needed for the democratic transition to proceed. Reforms will need to address the undemocratic powers granted to the military and further democratise parliament, upholding the right of people to choose their own government and president. 

Other Legislative Reforms: 

Other legislative reforms in Myanmar need to accompany constitutional reform to create an environment where the rule of law is established and human rights are upheld. This includes reform of section 18 of the Peaceful Assembly and Peaceful Procession Act, and the passing of an Associations Law and Printing and Publishing Law that meet international human rights standards. It is notable that the laws from which charges were dropped and persons released during the President’s Amnesty at the end of December 2012 remain on the books and continue to be used to violate human rights, including the right to freedom of expression and assembly. During my meetings with the authorities, I was again reassured that these and other laws were being amended, but I have yet to see much by way of clear outcomes. I realise the process of legal reform will take time, but Parliament needs to prioritise the reform of laws which are leading to ongoing human rights violations. 

Freedom of the Media: 

I have previously praised the progress Myanmar has made towards greater press freedom. However, for the time being, media freedom is only being allowed to go so far. During this mission, I met journalists who described a prevailing climate of uncertainty and fear of arrest, particularly if reporting dealt with issues too close to the interests of the military or other powerful elites. Over the past weeks, four journalists and the CEO of the journal Unity have been detained for investigating stories on chemical weapons factories. A Daily Eleven reporter is currently serving a three months sentence in Kayah State related to a story she was pursuing on corruption. I tried to visit the Unity journalists during my visit to Insein Prison, but was informed that they had been transferred to another prison two days previously. When I met with the Minster of Information, I encouraged him to engage more with the interim press council, including to help mediate on cases where journalists are in dispute with the authorities. Detaining journalists for the coverage of sensitive stories is something that belongs in Myanmar’s past. 

Rakhine State: 

In Rakhine State I had a long meeting with the chief of the state’s police. He informed me that in Du Chee Yar Tan, on the 13 and 14 January, the police conducted a large security operation involving over 100 police officers armed with live ammunition to search for a police officer who was taken by the villagers and reportedly killed. He denied that there had been any incident that had compromised the physical integrity or property of the villagers. However, I have continued to receive allegations of serious human rights violations being committed during this police operation, which also involved Rakhine mobs, including allegations of the brutal killing of men, women and children, sexual violence against women, and the looting and burning of properties. 

So far, the domestic investigations have failed to satisfactorily address these serious allegations. The Government of Myanmar has shown a willingness to engage with the international community on key issues such as forced labour, economic development and even training in international human rights standards for the police and military. This cooperation now needs to extend to one of the most important challenges that Myanmar is facing, which is to address its long history of impunity. If the President’s recently established Investigation Commission on Du Chee Yar Tan fails to carry out an investigation that meets international standards, I will urge the UN Human Rights Council to work with the Government of Myanmar to establish a credible investigation to uncover the truth of what happened in Du Chee Yar Tan and to hold anyone responsible for human rights violations to account. An investigation conducted with the involvement and support of the international community, including in relation to technical assistance, represents an opportunity to turn the tide of impunity in Myanmar. 

In this respect, I was encouraged by the openness of the Minister of Home Affairs during my meeting with him on receiving suggestions on how to make an investigation into the incident independent, including suggestions of international technical experts. 

The situation of the IDPs in Rakhine State is still concerning. Muslim communities remain segregated from Buddhist communities and completely restricted in their freedom of movement. I again visited Aung Mingalar quarter, which I can only describe as a ghetto in the heart of Sittwe. These targeted restrictions on freedom of movement impacts a range of other human rights including access to livelihoods, healthcare and education, and entrenches the pattern of systematic discrimination against the Rohingya community.

Particularly concerning are the campaigns to incite hatred against the Rohingya community. Ordinary Rakhine Buddhists have a genuine and legitimate desire to have their economic, social and cultural rights respected, promoted and protected after years of neglect. The grievances of the Rakhine Buddhist community must be heard. However, some community and political groups are manipulating this community for political and extremist ends by instigating campaigns of hatred, the consequences of which can be seen with acts of extreme violence against Rohingya communities which have also spread outside of Rakhine State.

Humanitarian organisations providing life-saving assistance to Rohingya as well as Rakhine Buddhist communities are also being increasingly threatened and prevented from doing their work. State and local authorities need to draw a line in the sand, and tackle incitement of hate speech and the violation of human rights in accordance with the rule of law. 

Prisoners of Conscience:

Myanmar has made great progress in the release of prisoners of conscience. 15 Presidential amnesties since May 2011 have resulted in the release of over 1,100 prisoners of conscience; a major achievement of the Thein Sein administration. I also commend the work of the prisoner review committee set up last February to identify remaining prisoners of conscience.

Some prisoners of conscience remain. In Nay Pyi Taw, I met with U Soe Thein, who reassured me of his commitment to continue working for the release of all prisoners of conscience. I urge the Government to continue working with the Prisoner Review Committee to bring the release of these prisoners and ensure that future persons are not arrested for political reasons.

Furthermore, the necessary legislative and institutional reforms have not yet taken place to prevent the future arrest of prisoners of conscience. The Presidential Amnesty of 30 December 2013 included cases under the Peaceful Assembly and Peaceful Procession Act. But this and other problematic laws remain on the books. Since the Presidential Pardon, others have been detained under section 18 of this act, including land rights activists.

Parliament needs to prioritise the reform of these laws, which also include the Unlawful Associations Act, and in the meantime the Government needs to ensure that the police and judiciary stop applying these laws, which fall below international human rights standards.

In Sittwe Prison I met with a Rohingya prisoner of conscience, named Than Shwe, who was detained because he had tried to come and meet me last August during my visit to Buthidaung. Such human rights violations also compromise the integrity of my mandate by preventing the human rights rapporteur from meeting with the people to listen to their concerns. I met with Kyaw Hla Aung in Sittwe prison and Dr. Tun Aung, who had recently been transferred to Insein Prison, and reiterate the need for the authorities to release these elderly prisoners of conscience immediately as well as the remaining 3 INGO workers. In Insein Prison, I also met with Mr. Chit Ko, who had made contact with the ILO to seek release from military service. This showed me that former soldiers have not benefitted from the President’s amnesties for prisoners of conscience, which the Government also needs to address. I raised these cases in Nay Pyi Taw with the Minister of Home Affairs. 

Torture in Police Detention:

I remain concerned over the ongoing practice of torture in places of detention in Myanmar. In my meeting with the Chief of Police, he informed me that CCTV cameras were now placed in all city police stations across the country. This is a positive step forward. However, accountability for the perpetrators of torture remains elusive. In Yangon, I met with the family of U Than Htun, who had been tortured to death while in police custody. Despite the perpetrators being known, they have not been held accountable through the criminal justice system. Only administrative sanctions have been applied. 

Development:

The importance of human rights standards and principles shaping the process of economic development in Myanmar needs to remain a priority concern. In Yangon, I visited Thilawa Special Economic Zone, which is being supported by the Japan International Cooperation Agency. A large number of villagers are being relocated to make way for this development. When I met with the Thilawa management committee, they showed a keenness to address the human rights implications of this large scale development project. After meeting with the committee, I visited some of the relocation sites and talked to the farmers, who were struggling with the loss of their livelihoods and adjusting to a new life which they had not chosen. One of the biggest challenges will be to provide them with long-term livelihood assistance, where their opportunities expand, which the management committee admitted it was struggling with and asked for support and fresh ideas. The international community should support the committee’s work so that it can ensure that Thilawa can help establish the precedence of large scale development projects being required to abide by human rights standards.

I also visited the copper mines in Monywa, Sagaing Region, including Letpadaung copper mine. While I commend the earlier initiative of the Government to set up a committee to help address the concerns of affected local communities, the Government has not mustered the political will to implement many of its key recommendations. Subsequently, local grievances remain over compensation, forced relocation, livelihoods and health problems related to the proximity of the project. In Monywa, I also heard from two monks left scarred by the excessive use of force by authorities to remove protestors from the site in November 2012, who expressed their concerns over the moving and destruction of religious sites. Instead of oppressing these voices, the concerns of the local community need to be addressed with more systematic and sustained dialogue, and the political will needs to be found to address the human rights dimensions of the project.

The rights of land users in Myanmar are currently not secure. The absence of legally secure tenure means that people are vulnerable to forced evictions, which constitutes a gross violation of a range of human rights related to housing, health, education, livelihoods and security of the person. During my visit, I met with residents of a village in northern Yangon, who had recently been forcibility evicted and their homes demolished after being told they were living in a military zone. The operation reportedly involved about 2,000 Government officials. Issues over land rights will be one of the major challenges of the Government over the years to come. During my visit, there was a recognition of this at the most senior levels of Government. 

Rule of Law:

The need to establish the rule of law underlies all of Myanmar’s human rights challenges and is integral to the process of democratic transition and national reconciliation. In Nay Pyi Taw, I met with the Chief Justice and the Attorney General, and was encouraged to hear about initiatives to develop the capacity of the judiciary and other relevant Ministries. However, the judiciary is a long way from being an independent institution. With no independent judiciary there is no rule of law. Furthermore, without the rule of law, the process of economic development will have a corrosive effect on Myanmar society and its environment, leading to exploitation and the reinforcement of the position of privileged elites. After decades of military rule, this state of affairs is perhaps inevitable, but establishing the rule of law needs to remain a focus of this transition. 

Conclusion:

Throughout my six years on this mandate, I have seen important changes in Myanmar that have brought improvements to the human rights situation, including the release of prisoners of conscience, the opening up of space for freedom of expression, the development of political freedoms, and important progress in securing an end to fighting in the ethnic border areas. I believe there is limited space for backtracking though, as a senior Government official admitted to me in Nay Pyi Taw, the democratic transition is still fragile.

For the time being, the military retains a prevailing role in the life and institutions of Myanmar. State institutions in general remain unaccountable and the judiciary is not yet functioning as an independent branch of Government. Moreover, the rule of law cannot yet be said to exist in Myanmar. Tackling the situation in Rakhine State represents a particular challenge which, if left unaddressed, could jeopardize the entire reform process.

A critical challenge will be to secure ceasefire and political agreements with ethnic minority groups, so that Myanmar can finally transform into a peaceful multi-ethnic and multi-religious society.

A change of mind-set still needs to take place within all levels of Government, to allow civil society, political parties and a free media to flourish beyond the limited freedoms that have currently been granted. The energy and enthusiasm of the younger generation and of women needs to be allowed to come through to reinvigorate the reform process and ensure that Myanmar secures a successful transition. Review of the past will also become increasingly important.

It will be important for Myanmar to build on its progress of engagement with the international community, which should include the establishment of an OHCHR Country Office with a full mandate.

I hope that my six years on this mandate has helped improve the human rights situation of the people of Myanmar. It is important that this mandate remains well known and respected in the country, because it has helped to keep human rights on the agenda of reform and should continue to do so. Throughout my term and particularly during this mission, I have noticed how people from different parts of Myanmar value this human rights mandate. I am finishing my time on this mandate with a clear and visible human rights agenda to be followed up on by the Government, civil society and the international community.

I have to praise the cooperation extended by the former and current Government of Myanmar to this mandate. I believe this cooperation represents a good example of how States can progress on human rights through engagement with the international community as envisioned in the UN Charter.