Tuesday, December 20, 2016

OIC'S ENGAGEMENT IN MYANMAR

A Talk Presented by Dr. Syed Hamid Albar on 28 November 2016
as Visiting Fellow in Oxford Centre for Islamic Studies 
in Michaelmas Term 2016



Assalamualaikum and a very good morning to everyone.
*Self-Introduction*
Let me begin by thanking the OCIS for firstly inviting me to be a visiting fellow of this inspiring institution of scholars and academics. In accordance with its tradition, I am before you this afternoon to fulfil my assignment. The subject of today’s seminar is on: ‘exploring OIC’s engagement in Myanmar’. Myanmar has attracted both positive and negative attention. Positive: because it is a country in transition to be democratic after being subjected for a long period under a military junta. Negatively: it has a long history of abuses and human rights violation against the ethnic minorities.

As I speak now, we have a new narration of alleged atrocities in northern Rakhine state which has attracted and drawn concern of UN and other members of the international community. We are informed and received reports that the current crisis has been dealt by the security forces of Myanmar disproportionate force, tortures, rapes and killings of civilian, in Maungdaw, Buthidaung and Rathidaung, including the burning of villages, homes and mosques. The action by the security forces has been justified due to the attack of some unknown persons that caused 9 policemen killed. Myanmar has defined this as an act of terrorism.  On the other hand, there is an argument in reality it is a continued act or violence against Muslims in order to create a pure Buddhist state.

Myanmar of course has denied this and insisted that the reports and findings are wrong. Former un chief Kofi Annan and the chairman of independent committee “has expressed deep concern over violence in Myanmar's Rakhine state, where the military killed 428 people which is plunging the state into renewed instability and creating new displacement. He further added that all communities must renounce violence and urged the security services to act in full compliance with the rule of law”[1].

My submission today is based on primary and secondary sources including the reports of the UN Special Rapporteur since 1992[2], UN High Commissioner for human rights[3] and human rights organizations such human rights watch, amnesty international and other activist groups within and outside Myanmar. I have also taken into account written and oral comments that had been received from other parties in and outside Myanmar.

Ladies and gentlemen,
·  The Rohingya ancestries in Arakan have been traced since the 8th Century.[4]

  • ·  In 1799, Francis Buchanan published the first historical document mentioning the Rohingya.
  • ·   In 1947, the Constitution of the Union of Burma proclaimed some of Burma’s first citizenship laws. The Rohingya voted in the 1st Constituent Assembly Elections.
  • ·  Then in 1982, the Burma Citizenship Law was enacted, and the Rohingya are no longer recognized as citizens; 800,000 Rohingyas are left stateless.[5]

UN, EU and human rights groups agree that they are the most persecuted people in the world. It is underpinned by Myanmar and Buddhist nationalism, radicalism and extremism condoned by the government and encouraged by the military. It is said that the violation of human rights, denial of humanitarian assistance, public health and education since 2012 up to date amounts to a crime against humanity including genocide. The Internal Displacement Monitoring Centre (IDMC) estimates that there are up to 662,400 IDPs as a result of conflict and violence in Myanmar as of March 2015. Since the riot of 2012[6] and the recent incidents in November, the conflict have aggravated the situation further- with stories of ethnic cleansing, rape, killings, burning of homes and villages.

Rohingya have been disenfranchised by their own government, inhumanely treated and driven out from their ancestral homes, rejected by their own country and turned away by neighbouring countries. May Allah help all of us in having the compassion to commit our best efforts to bring justice to the Rohingya community.

WHAT IS OIC

Under these circumstances, OIC, the Organisation of Islamic Cooperation, the second largest multilateral organisation after the UN, has gotten itself involved in order to facilitate reconciliation and dialogue as well as provide humanitarian assistance to these displaced Rohingya community.

The OIC is not a religious organisation. It is a cooperative organisation with 57 member states, currently 56 and not all its members are Muslim countries. OIC champions humanitarian causes and aid including human rights, dedicated to the causes of humanity regardless of race, religion, creed and colour. Among the role played and initiatives taken by the OIC in other parts of the world, are:


  • OIC established a Fund for the Return of Bosnia Refugees in Sarajevo;In response to the Indian Ocean Tsunami, the OIC launched an appeal and established an OIC fund for the orphan victims of the tsunami;
  • The OIC has been long involved in Gaza, sending humanitarian convoys;
  • It has also responded to natural disasters in Yemen, Mozambique, Algeria, Bangladesh and Pakistan, and to food insecurity and drought in the Sahel Region;
  • One of the best known humanitarian role played by the OIC, however, is their role in coordinating, facilitating and delivering assistance in Somalia following the 2010-2011 famine, at a time when few organizations could secure access;
  • The OIC also plays a facilitator and mediator role in conflict zones in Kashmir, Southern Thailand and Southern Philippines.


HOW DOES OIC FULFIL ITS CHARTER?
OIC is involved in Myanmar, a country with Buddhist majority to seek protection for all oppressed minorities, especially the Rohingya. The OIC is conforming a number of its Charter whilst advocating the cause of the Rohingya, especially to:

  • Reaffirm its support for the rights of peoples as stipulated in the UN Charter and international law;
  • And it is also confirming to other related OIC Charters such as to: Safeguard and protect the common interests and support the legitimate causes of the Member States and coordinate and unify the efforts of the Member States in view of the challenges faced by the Islamic world in particular and the international community in general;
  • Protect and defend the true image of Islam, to combat defamation of Islam and encourage dialogue among civilizations and religions;

The OIC focuses on:
1.   Violations of international law / rights.
2.   Efforts in protecting persecuted minorities of Rohingya Muslims.

In order to do this, the OIC uses these vehicles:

  • Engagements with OIC member states and with individual ASEAN countries as well as individual members of the United Nations so that we can address this issue and champion the right of the minorities.
  • Humanitarian intervention, so that the minorities can be protected.

Since the outbreak of violence in 2012, It has started its multilevel approach through open and quiet diplomacy to address the issue and engage Myanmar constructively to find a lasting solution. OIC believes that the on-going crisis and problems in Myanmar cannot be ignored on the basis of sovereignty and non-interference due to the nature and seriousness of the abuses and human rights violations.

Therefore, OIC’s objective is to provide humanitarian assistance as well as to work together with civil society and cooperate with other organisations to save the population of the Rohingya, and to get back their rights as follows:

  • From citizen to citizen (stateless people)
  • From living in villages, to living in IDP camps with deplorable condition, some even choose to flee from the country by sea to find shelter in neighbouring countries.
  • From being members of the parliament, participating in politics, being able to vote, to losing their civil rights altogether.
The strongest reason that drives OIC’s involvement in Myanmar is the gross violence including against the old, women and children in what is called Ethnic Cleansing. The Rohingya women are raped and killed; men and even children are violently tortured and slain.


HOW DOES OIC GET INVOLVED IN MYANMAR?

The OIC sent a ministerial delegation after the violence that erupted in June and October 2012 causing of hundreds of deaths and displacement of people (140,000). Until today, 120,000 individuals and family members remain in IDP camps in central Rakhine state. The segregation become more pronounce[7].

OIC had a memorandum of understanding with the Myanmar Government in order to see the role that they could play in bringing reconciliation. The OIC agreed to arrange to set up an office in Myanmar, but the idea was not rejected by the government, though initially agreed.

Looking at the dynamics of the crisis, OIC’s strategy to address the situation encompasses four areas of activity as indicated in the table below:

Strategy
Task
Political advocacy

 To influence decisions within political, economic, and social systems and institutions[8]
Interaction with the Myanmar government and its institutions
 Multilateral organizations : UN, EU and ASEAN
 Through direct engagements and preventive diplomacy
  Confidence building measures
Civil society engagement

          Conducted through direct and indirect interactions of civil society organizations and citizens-at-large with government, multilateral institutions and business establishments to influence decision making or pursue common goals.”[9]
          Interaction with INGO / activist groups / grassroots organizations in Myanmar and outside Myanmar
          Through interfaith dialogue / roundtable / seminars
Role of special envoy

          A Special Envoy for conflict zones is a unique tool in the foreign policy toolbox, and one that must be better understood if it is to be effectively applied against the range of socio-political and socio economic challenges. Se are asked to address situations with a degree of attention outside the capacity of the state entity / io and other regular bureaucratic structures[10].
          To deal with a set of specific issues : engaging the political leaders / government agencies / ground assessment / advice the secretary general.
          To make working visit to Myanmar – structured and non-structured meeting
Humanitarian aid

          To manage the aid and action designed to save lives, alleviate suffering and maintain and protect human dignity during and in the aftermath of conflict.[11]
          To provide basic needs : food / medicine / clothing
          To ensure access for international humanitarian organization to coordinate humanitarian mission


At the political level: the OIC has engaged directly with the Myanmar authorities to bring about a restoration of the basic rights, including citizenship, of the Rohingya and to follow up on a 2013 agreement to construct medical facilities for both Muslims and Buddhists. Although there have been some efforts to stem the violence and enforce rule of law, the government has been slow to respond to calls for dialogue on the Rohingya issue. After the recent victory of the NLD government, the OIC secretary general contacted the new leadership in Myanmar to encourage a comprehensive resolution of the crises facing the Rohingya. This led to a meeting with Aung San Suu Kyi during the UNGA, in which the OIC’s concern was directly communicated to the state counsellor and NLD leader[12]. The Myanmar government asked for more time to push for reforms and identified the establishment of the Rakhine state commission headed by former UN Sec Gen Kofi Annan as a major step forward.  The OIC still urged the government to take concrete and meaningful steps to resolve the Rohingya crises.

In order to maintain pressure on the authorities the OIC secretary general has actively raised the case of the Rohingya during bilateral engagements with member states and world leaders. From 2012 to 2015 successful cooperation and coordination by the OIC offices in Geneva and New York have resulted in the adoption of resolutions on Myanmar in the UN.

The OIC has effectively cooperated with the international community to raise the Rohingya case to the UN human rights council. Participants noted and strongly supported the United Nations general assembly resolution 69/248,[13] United Nations human rights council resolution A/HRC/28/l.21[14], and the recent report and recommendations of the United Nations special rapporteur on the human rights situation in Myanmar.

Since the 2015 election, international sanctions and political pressure was sustained by a broad coalition of powers[15].  Now because of the reputation of Nobel laureate daw Aung San Suu Kyi the European and us have agreed to give her time in her transition towards democracy and are not strongly critical of her lack of real effort to resolve the Rohingya issue. She has also been able to distract the international community by engaging in peace talks and ceasefire with other armed rebel groups such as the Shan, Karen and chin. Therefore most of the international community has withdrawn sanctions against Myanmar.
ASEAN countries meanwhile have always been reluctant to go public with any statements against the Myanmar government. However, those OIC members, Malaysia, Indonesia and Brunei are willing to provide humanitarian support and assistance.

With regards to humanitarian aid: OIC member countries have been providing humanitarian assistance for the Rohingya since the communal clash in 2012[16]. Among the countries are:
  • Indonesia, Malaysia and Pakistan : $5million in food aid;
  • Qatar : $20 million;
  • Saudi Arabia: $25 million; and
  • Turkey: $12 million
The Myanmar government has allowed some of this aid to be distributed on a case-by-case basis. However, there are difficulties in access on the ground. OIC member states like Malaysia using its own NGOs such as mercy Malaysia have been able to penetrate into Rakhine state. Nevertheless a large portion of the international aid money allocated to the Rohingya has yet to be disbursed.

Malaysia and Indonesia have also taken in large numbers of Rohingya refugees and provided for their shelter, this is in addition to the many thousands of Rohingya and other Burmese nationals who have previously been living and working in the country. 

On the level of civil society: the OIC has been working to bring together Rohingya organizations and encouraging them to unify their ranks for more effective advocacy of their cause. The successfully brought together more than 60 separate organizations to establish the Arakan Rohingya Union (ARU) which could advocate for the Rohingya cause in international fora. 

It is imperative for OIC to have connectivity and contact with the government of Myanmar, so in 2014, the OIC appointed me as the Special Envoy for Myanmar.  


THE ROLE OF SPECIAL ENVOY

The function of the Special Envoy is to advance the OIC’s diplomatic efforts with the relevant authorities and decision makers in Myanmar and other regional and international stakeholders to bring about peaceful coexistence and restore inter-communal harmony through dialogue and a comprehensive reconciliation process. 

The Special Envoy was mandated to recommend policy directions and design workable plans to facilitate activities of Track 1, 1.5 and 2 besides encourage track 3 activities.
The SE advises the OIC SG on all matters regarding the development in Myanmar relating to Rohingya and ensures consistent and constant connectivity with the Rohingya People and the Myanmar government respectively.

Since my appointment as the Special Envoy of Myanmar, I have been constantly in touch with the civil society of Rohingya, in and outside of Myanmar. A lot of them have become diaspora and they have established numerous organizations under the name of Rohingya to support the cause.

The recommendations of the SE was tabled and accepted at the OIC Summits, CFM and Contact Group Meeting of OIC.


WHAT ARE REASONS FOR OIC’S CONCERN:
Historical evidence shows that the Rohingya are original residents in Rakhine and have been in Myanmar since the 8th Century. It is with this information that OIC made its case.


  • The predicament of Rohingya has been on-going for the last five decades. The government continues to take a heavy-handed approach in resolving longstanding tensions between ethnic groups, a situation that has worsened with looser controls over online hate speech spread by the Buddhist monks headed by Wirathu and religious extremists. The Myanmar government has decided to keep the Rohingya living in apartheid-like conditions, segregated from other communities. The government’s plan for eventual resettlement requires a registration process under which Rohingyas are designated as “Bengali”. But many Rohingya are refusing to be registered even if it means they might be resettled from the squalid temporary camps where they now live which is not their old villages and homes.
  • A slow genocide and ethno-nationalism is taking place in Myanmar. The entire Rohingya community in and outside Myanmar are now waiting for the rest of the world to increase pressure on the Myanmar government. The international community has to play an assertive role to address this humanitarian crisis.
  • Governments of transit, destination countries, civil society and human rights advocates have called for immediate action. While the humanitarian needs of the situation have been recognized from the outset, the demand for a more holistic protection and sensitive response are expected to be able to address the crisis effectively.
  • Latest, according to John McKissick from the UN Refugee Agency, the Armed forces have been killing Rohingya in Rakhine state, forcing many to flee to neighbouring Bangladesh[17]. The government of Myanmar has been conducting counter-insurgency operations since coordinated attacks on border guards on 9th October. There is evidence of atrocities but it has been denied by the Myanmar Government. However, they have not allowed international human rights bodies, UN agencies and media to visit the affected areas.

Nobel laureate Aung San Suu Kyi is in a delicate position. She is Myanmar’s de facto leader, but security is under the control of the autonomous armed forces. If she bows to international pressure and sets up a credible investigation into the alleged abuses in Rakhine state, there are high risks of fracturing NLD’s relationship with the army. It could jeopardise the stability of her young government. While there are loud calls from the UN and the international community for action. Unfortunately, most Burmese have very little sympathy for the Rohingya. The army’s “clearance operations" against the “violent attackers” of Rakhine state appear to have strong popular support, putting Ms Suu Kyi herself under very little domestic pressure to protect the affected civilian population. This action is totally against the true value of democracy and rule of law.


A NON-INCLUSIVE POLITICAL TRANSFORMATION TOWARDS DEMOCRACY

Myanmar is said to move towards a democratic government. However, the disenfranchisement of citizenship by the 1982 law and the unjust censorship exercise which excluded a number of minority groups including the Rohingyas shows that they are non-inclusive in the transformation.

The NLD took over the reins of the government in Myanmar after a landslide victory in November last year. The expectation for NLD-dominated government is still running high, but Myanmar’s new rulers face a steep task. The military maintains a strong position inside the new government, politically and economically.

Civil wars continue to rage in ethnic minority borderlands and the status of Rohingya and their future was not reflected anywhere in NLD’s political manifesto, and poverty is widespread. In a nutshell, the Myanmar’s military still considers itself as the guardian and protector of the state and religion. Regardless of whichever role the President and Aung San Suu Kyi chooses to play, they have to be bold to make changes to the existing laws and constitution which denies the right of the minorities.

On a regional and international perspective, Myanmar was once considered as a “pariah” state. Based on Malaysia’s constructive engagement initiative Myanmar was brought to join ASEAN.

Even now, when there are international pressures to “cut of diplomatic relations with Myanmar” due to its non-action the current violence against the Rohingya[18], I strongly believe that the discussion room must remain open and we need diplomatic channels to resolve the conflict through positive engagements[19].

In this regard, it is also crucial for a special ASEAN-level meeting to be held to obtain the report from the Myanmar government on the violent attacks which has been regarded as ethnic cleansing and genocide.


WHAT CAUSES THE CONFLICTS BETWEEN MUSLIMS AND BUDDHISTS


  • Mistrust / Ignorance of Nature of Religion / Extremism
  • Misperception towards Islam 
  • Domination of particular ethnic groups in Myanmar; Majority of the People in Northern
  • Rakhine are Muslims and the minority Buddhists living in the area are intimidated and alienated in their own country.
  • Ethno-Religion / Nationalism / Poverty / No access to education and public health – particularly in Rakhine
  • Bias and prejudice of the main stream and social media due to incitements of the Buddhist monks on Islam and Muslims including the OIC.



THE CRIME COMMITTED BY THE MYANMAR GOVERNMENT:

  • Abuses of human rights (Rohingya and Muslims in Myanmar), denial of basic rights.
  • Marginalization / exclusion / unequal treatment towards the Muslims
  • Fear of being conquered by the Muslims (geopolitically and economically)
  • The Rohingya citizenship of Myanmar had been unjustly revoked and they are arbitrarily being categorized as Bengalis.
  • The government’s refusal to accept the Rohingyas identity as an ethnic group in Myanmar.
  • Non-action against extremism, spreading of rumours and hate speeches by Buddhist monks and political leaders.
  • Lack of security and protection of the minorities.
  • Restriction of freedom of movement and to self-expression of the minority groups.
  • Overall, violence, rape, torture and killings of the Rohingya community by the Buddhists and as well as the military members and apparent genocide of the Rohingya community.
  • Denial alone by the Myanmar Government is insufficient but they must prove the alleged crime against humanity do not happen.


THE CHALLENGES FACED BY OIC:
  • ·  To undertake confidence building measures between the OIC – Union and state Government and on the other hand with the community leaders and UN agencies and INGOs.
  •    To manage mistrust, misperception, anger and emotion in ways that is rational and legitimate.
  •      To ensure the effectiveness of the mechanisms that the Union and state Government have established such as the Human Rights Commission, the National Diversity and Harmony Center, the Interfaith Dialogue Committee (federal level) and the Emergency Coordinating Center (State level) and latest being the “Kofi Annan” Commission.
  •      To restore the citizenship of the Rohingyas that was revoked by the 1982 decree[20].
  •     To ensure peace and security throughout Myanmar can be established in a fair, just and equitable manner.
  •     To ensure to accessibility of aid agencies in bringing the humanitarian aid to the affected areas.


CONCLUSION
According to Human Rights Watch report in 2013, the criminal act committed against Rohingya was carried out as part of a campaign of ethnic cleansing. Under international law, crimes against humanity are crimes committed as part of a widespread or systemic attack on a civilian population. The attack must be against a specific population and part of a state or organizational policy. Non-state organization and religious bodies can be responsible for crimes against humanity if they have a sufficient degree of organization. “Ethnic Cleansing” though not a formal legal term, has been defined as a purposeful policy by an ethnic or religious group to remove by violence and terror-inspiring means of the civilian population of another ethnic or religious group from certain geographic areas.

HRH Dr. Zeid Ra'ad Al Hussein, United Nations High Commissioner for Human Rights said the government's approach was "counterproductive, even callous". He also said that the repeated dismissals, of the claims of human rights violation as fabrications, coupled with the failure to allow our independent monitors access to the worst  affected areas in  Northern Rakhine, is highly insulting to the victims and an abdication of the Government’s obligations under the international human rights law.   

The U.N. Special Rapporteur on Human Rights in Myanmar, Ms. Yanghee Lee reported that ASSK informed her that the Myanmar government will avoid using the term “Rohingya” to describe the persecuted Muslim minority in the country's northwest, which clearly indicates the country's attempt of avoiding discussion of the situation and denial of the reports and findings.

Therefore, in ending this discourse, I would say that the OIC and international community have to collectively and continuously engage Myanmar to stop violating human rights and commit crime against humanity. This has ceased to be a racial conflict but a crime against humanity.

Efforts to address this issue should be universal in nature as human rights issues affect each and every one of us through forced migration and human trafficking. 

Thank you very much for your time.
Jazakallahu Khairan, May Allah reward you [with] goodness.


References

ASHLEY SOUTH (2005), ETHNIC POLITICS IN BURMA; STATE OF CONFLICT, ROUTLEDGE, NEW YORK, USA.

NICK CHEESMAN, NICHOLAS FARELLY (2016), CONFLICT IN MYANMAR: WAR, POLITICS, RELIGION. ISEAS, YUSOF ISHAK INSTITUTE, SINGAPORE.

ANTHONY REID (1999), CHARTING THE SHAPE OF EARLY MODERN SOUTHEAST, SILKWORM BOOKS, BANGKOK THAILAND.

DALJIT SIGH (2015), SOUTHEAST ASIAN AFFAIRS 2015, ISEAS PUBLICATION, SINGAPORE.

REPORT FROM THE MINORITY DEPARTMENT, OIC HEADQUARTERS, JEDDAH, NOVEMBER 2016.

THE WORLD AT WAR, UNHCR GLOBAL TRENDS: FORCED DISPLACEMENT IN 2014, RELEASED ON 18 JUNE 2015.

UNHCR SUPPLEMENT APPEAL 2015: BAY BENGAL AND ANDAMAN SEA INITIATIVE: ENHANCING RESPONSES AND SEEKING SOLUTIONS (JUNE – DECEMBER 2015)

HUMAN RIGHTS WATCH: ALL YOU CAN DO IS PRAY, CRIME AGAINST HUMANITY AND ETHNIC CLEANSING OF ROHINGYA MUSLIMS IN BURMA’S ARAKAN STATE, 2013, USA.

MYANMAR’S ELECTORAL LANDSCAPE, ASIA REPORT N266 BY INTERNATIONAL CRISIS GROUP: WORKING TO PREVENT CONFLICT WORLDWIDE, BRUSSELS, BELGIUM. 2015.

REV. SUN MYUNG MONN (2011), AS A PEACE LOVING GLOBAL CITIZEN, WASHINGTON TIMES FOUNDATION, USA.

IS GENOCIDE UNFOLDING IN MYANMAR? BY MATTHEW SMITH: AT OPINION/EDITION.CNN.COM/2016/12/05/OPINIONS/RAKHINE-STATE-ROHINGYA- GENOCIDE ON 6 DECEMBER 2016.

STATISTIC ON REFUGEE IN MALAYSIA: 

ELEANOR ALBERT, (SEPTEMBER 2016): THE ROHINGYA MIGRANT CRISIS, COUNCIL OF FOREIGN RELATIONS AT HTTP://WWW.CFR.ORG/BURMAMYANMAR/ROHINGYA-MIGRANT-CRISIS.

GENERAL ASSEMBLY OF THE UNITED NATIONS: RESOLUTION AT HTTP://WWW.UN.ORG/EN/GA/69/RESOLUTIONS.SHTML ON 28 NOVEMBER 2016.

28TH HUMAN RIGHTS COUNCIL, AGENDA ITEM 1, ORGANIZATIONAL AND PROCEDURAL MATTERS: REPORT OF THE HUMAN RIGHTS COUNCIL ON ITS TWENTY-EIGHTH SESSION AT WWW.OHCHR.ORG/EN/HRBODIES/HRC/REGULARSESSIONS/SESSION28/ ON 26 NOVEMBER 2016.

STATE COUNSELLOR AUNG SAN SUU KYI MET IYAD BIN AMIN MADANI, THE SECRETARY GENERAL OF THE ORGANISATION OF ISLAMIC COOPERATION (OIC) AT HTTP://WWW.ELEVENMYANMAR.COM/POLITICS/6042.

PRINCETON N. LYMAN AND ROBERT M. BEECROFT: SPECIAL REPORT, USING SPECIAL ENVOYS IN HIGH-STAKES CONFLICT DIPLOMACY AT HTTPS://WWW.USIP.ORG/SITES/DEFAULT/FILES/SR353-USING_SPECIAL_ENVOYS_IN_HIGH- STAKES_CONFLICT_DIPLOMACY.PDF ON 20 NOVEMBER 2016.

AMELIA BRANCZIK (2004): WHAT IS HUMANITARIAN AID?  AT HTTP://WWW.BEYONDINTRACTABILITY.ORG/ESSAY/HUMANITARIAN-AID.

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http://www.thestar.com.my/news/nation/2016/12/04/dr-m-cut-diplomatic-ties-with-myanmar-to-protest-rohingya-iss.










[1] Former UN chief Kofi Annan has expressed "deep concern" over violence in Myanmar's Rakhine state where the military killed dozens of people over the weekend, sending hundreds of Rohingya fleeing to Bangladesh.
Source: AFP, 16 NOV 2016.

[2] The present report, submitted pursuant to Human Rights Council resolution 25/26 and General Assembly resolution 69/248, covers human rights developments in Myanmar since the submission of the report of the previous Special Rapporteur on the situation of human rights in Myanmar to the Council in March 2014 (A/HRC/25/64) and the report of the current Special Rapporteur to the General Assembly in October 2014 (A/69/398). In its resolution 25/26, the Human Rights Council invited the Special Rapporteur to include in the present report further recommendations on the needs of Myanmar, including with regard to technical assistance and capacity-building, and information on the progress in the electoral process and reform in the run-up to the 2015 elections. From 7 to 16 January 2015, the Special Rapporteur conducted her second mission to Myanmar. She expresses her appreciation to the Government for its cooperation during the visit. She held meetings with government representatives and other stakeholders in Yangon and Nay Pyi Taw, and visited Rakhine State and northern Shan State. She visited Insein prison where she met political prisoners. She also held meetings in Bangkok, including with representatives of the Ministry of Foreign Affairs of Thailand. The Special Rapporteur also continued to engage with the Permanent Missions of Myanmar in Geneva and New York. She sent seven joint communications between 12 March 2014 and 15 February 2015 and, by 15 February 2015, the Government had replied to three of them.

[3] 20 June 2016 – Issuing a new report on the situation of minorities in Myanmar, the United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein has urged the Government to take concrete steps to end the “systemic discrimination” and ongoing human rights violations against minority communities, particularly the Rohingya Muslims in Rakhine state.The report requested by the UN Human Rights Council in July 2015, documents a wide range of rights violations, including arbitrary deprivation of nationality, severe restrictions on freedom of movement, threats to life and security, denial of rights to health and education, forced labour, sexual violence, and limitations to political rights. It also notes that for those formally charged, fair trial guarantees are often not respected.

[4] https://www.hrw.org/reports/2000/malaysia/maybr008-01.htm

[5] http://www.restlessbeings.org/projects/Rohingya

[6] Available data on numbers of IDPs in Myanmar covers people displaced within their own states and regions, but not those who have fled to other parts of the country, including urban areas. Retrieved from http://www.internal-displacement.org/south-and-south-east-asia/myanmar/figures-analysis

[7] Eleanor Albert, (September 2016): The Rohingya Migrant Crisis, Council of Foreign Relations: Violence broke out in 2012, when a group of Rohingya men were accused of raping and killing a Buddhist woman. Groups of Buddhist nationalists burned Rohingya homes and killed more than 280 people, displacing tens of thousands of people. Human Rights Watch described the anti-Rohingya violence as amounting to crimes against humanity (PDF) carried out as part of a “campaign of ethnic cleansing.” Since 2012, the region’s displaced population has been forced to take shelter in squalid refugee camps. More than 120,000 Muslims, predominantly Rohingya, are still housed in more than forty internment camps, according to regional rights organization Fortify Rights at http://www.cfr.org/burmamyanmar/rohingya-migrant-crisis.

[8] The meaning of Political Advocacy at https://en.wikipedia.org/wiki/Advocacy on 29 November 2016
9.Peter (2012), Civic engagement is the participation of private actors in the public sphere, conducted through direct and indirect interactions of civil society organizations and citizens-at-large with government, multilateral institutions and business establishments to influence decision making or pursue common goals.” —The World Bank. “Being sensitive to and understanding the world’s problems as well as addressing them through collaboration and commitment.” Duke University (via http://civic.duke.edu/) at 

[9] www. peterlevine.ws/?p=10357.

[10] Princeton N. Lyman and Robert M. Beecroft: Special Report, Using Special Envoys In High-Stakes Conflict Diplomacy at https://www.usip.org/sites/default/files/SR353-Using_Special_Envoys_In_High- stakes_Conflict_Diplomacy.pdf on 20 November 2016.

[11] Amelia Branczik (2004): What Is Humanitarian Aid?  Conflicts adversely affect civilians both directly, and indirectly, through the resulting "complex emergencies" that protracted conflicts create. In the immediate area of conflict, the primary aim is preventing human casualties and ensuring access to the basics for survival: water, sanitation, food, shelter, and health care. Away from the main fighting, the priority is to assist people who have been displaced, prevent the spread of conflict, support relief work, and prepare for rehabilitation at http://www.beyondintractability.org/essay/humanitarian-aid.

[12] On 24 September 2016, State Counsellor Aung San Suu Kyi has met Iyad bin Amin Madani, the secretary general of the Organisation of Islamic Cooperation (OIC), in New York on September 21, according to the Ministry of Foreign Affairs. They discussed Suu Kyi's democratic reforms and ethnic conflict. Madnani reportedly said he appreciated the government’s efforts but expressed the OIC’s demand for the protection of fundamental human rights, including the need for Rohingya-Muslims to be become citizens. Madani urged Suu Kyi to make more effort to improve the humanitarian situation in Rakhine State at http://www.elevenmyanmar.com/politics/6042.

[13] General Assembly of the United Nations: Resolution at http://www.un.org/en/ga/69/resolutions.shtml on 28 November 2016.

[14]28th Human Rights Council, Agenda item 1, Organizational and procedural matters: Report of the Human Rights Council on its twenty-eighth session at www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/ on 26 November 2016.

[15] http://www.aljazeera.com/news/2016/10/obama-economic-sanctions-myanmar-161007215716882.html

[16] Report from the Minority Department, OIC Headquarters, Jeddah, November 2016.

[17] 24 November 2016. Myanmar wants ethnic cleansing of Rohingya - UN official. Myanmar is seeking the ethnic cleansing of the Muslim Rohingya minority from its territory, a senior UN official has told the BBC. Armed forces have been killing Rohingya in Rakhine state, forcing many to flee to neighbouring Bangladesh, says John McKissick of the UN refugee agency. The government of Myanmar, also known as Burma, has been conducting counter-insurgency operations since coordinated attacks on border guards in October. It denies reports of atrocities.

[18] Former premier Tun Dr Mahathir Mohamad says Malaysia should cut ties with Myanmar to protest the ethnic cleansing of Rohingya Muslims taking place in its Rakhine state. "My suggestion is (for Malaysia) to break off diplomatic relations to show our dissatisfaction with the way the Rohingya are treated at http://www.thestar.com.my/news/nation/2016/12/04/dr-m-cut-diplomatic-ties-with-myanmar-to-protest-rohingya-iss.
[19] Severing diplomatic ties with Myanmar not a wise move at this time - Syed Hamid
The proposal by certain quarters for Malaysia to severe diplomatic relations with Myanmar in protest of the genocide against the Rohingya Muslims in Myanmar is not an apt move at this time, says OIC special envoy to Myanmar, Tan Sri Syed Hamid Syed Albar. He said Malaysia should instead call the Myanmar high commissioner here to discuss on measures that could be taken to end the oppression and violence against the Rohingya Muslims. He also suggested that a special ASEAN-level meeting be held to obtain the report and explanations from the Myanmar government on the violent attacks which he regarded as genocide. “I do not see cutting off diplomatic relations (with Myanmar) as the solution. We want the discussion door to remain open and we need this diplomatic relations to resolve the issue through discussion and dialogue. “But at the same time, we need to demand Myanmar to stop the violent attacks against the Rohingya Muslims. It is not in Buddhist teachings to oppress the innocent but what’s happening is really inhumane,” at http://www.nst.com.my/news/2016/11/191654/severing-diplomatic-ties-myanmar-not-wise-move-time-syed-hamid.


[20] The most critical issue remains the legal status of the Rohingya in Burma and the implications that it carries in practice. While they have been permitted to reside in Burma, most Rohingya are considered by the Burmese authorities to be "resident foreigners," not citizens. This lack of full citizenship rights means that the Rohingya are subject to other abuses, including restrictions on their freedom of movement, discriminatory limitations on access to education, and arbitrary confiscation of property. Denial of citizenship, and of the rights that go with it, inevitably pose serious obstacles to the achievement of a durable solution to the refugee flows. The 1982 Burma Citizenship Law, promulgated not long after the mass return of Rohingya who fled in 1978, distinguishes between three categories of citizenship: citizenship, associate citizenship, and naturalized citizenship. A person is issued a color-coded Citizenship Scrutiny Card consistent with his or her citizenship status - pink, blue, and green respectively. The stipulations of the Burma Citizenship Law governing the right to one of the three types of Burmese citizenship effectively deny to the Rohingya the possibility of acquiring a nationality. Despite being able to trace Rohingya history to the eighth century, Burmese law does not recognize the ethnic minority as one of the national races. Many Rohingya families migrated to and settled in Arakan during the British colonial period which would immediately exclude them from citizenship. Even for those Rohingya whose families settled in the region before 1823, moreover, the onerous burden of proof has made it nearly impossible for all but a handful to secure citizenship. Rohingya who cannot provide "conclusive evidence" of their lineage or history of residence find themselves ineligible for any class of citizenship. And because of their formal legal status as resident foreigners, Rohingya are subject to restrictions on their freedom of movement, are denied access to higher education, and are restricted from holding public office. Human Rights Watch has repeatedly urged the Burmese government to repeal the 1982 Citizenship Law or else amend it in accordance with the recommendations of the U.N. Special Rapporteur on the situation of human rights in Myanmar and to grant Rohingya full citizenship and accompanying rights. The U.N. special rapporteur called on the Burmese government to "abolish its over-burdensome requirements for citizens in a manner which has discriminatory effects on racial or ethnic minorities at Human Rights Watch: https://www.hrw.org/reports/2000/burma/burm005-02.htm on 25 November 2016.

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