Reuters

June 25, 2018

By Reuters 

June 21, 2018

About 700,000 mostly Muslim Rohingya have fled largely Buddhist Myanmar to Bangladesh after a military crackdown in August 2017 that the United Nations has called ethnic cleansing

AMSTERDAM -- Judges at the International Criminal Court have given Myanmar a deadline to respond to a prosecution request that they consider hearing a case on the alleged deportation of Rohingya minorities to Bangladesh.

In a decision published on Thursday, the judges asked Myanmar to reply by July 27 to the request made in April that the ICC should exercise jurisdiction over the alleged crimes.

About 700,000 mostly Muslim Rohingya have fled largely Buddhist Myanmar to Bangladesh after a military crackdown in August 2017 that the United Nations has called ethnic cleansing.

"Considering that the crime of deportation is alleged to have commenced on the territory of Myanmar, the chamber deems it appropriate to seek observations from the competent authorities of Myanmar on the prosecutor's request," the decision said.

The world's first permanent war crimes court does not have automatic jurisdiction in Myanmar because it is not a member state. However, the prosecutor asked the court to look into the Rohingya crisis and a possible prosecution through Bangladesh, which is a member.

Prosecutor Fatou Bensouda has argued that, given the cross-border nature of the crime of deportation, a ruling in favour of ICC jurisdiction would be in line with established legal principles. However, she acknowledged uncertainty around the definition of the crime of deportation and limits of the court's jurisdiction.

The judges asked Myanmar to respond to the matter of jurisdiction and circumstances surrounding the crossing of the border by members of the Rohingya minority. 

(Reporting by Anthony Deutsch; editing by David Stamp)

By Serajul Quadir 

Reuters

June 12, 2018

DHAKA -- Landslides and related incidents triggered by pre-monsoon rain in southeast Bangladesh have killed at least 12 people since Monday, including two Rohingya Muslims, and the government said it was moving fast to relocate tens of thousands of people. 

The deaths happened in the districts of Cox’s Bazar and Rangamati - both bordering Myanmar from where hundreds of thousands of Rohingya have fled a military crackdown - due to incessant rain over the past three days, government officials said on Tuesday. 

International aid agencies said there was a big risk of an outbreak of waterborne diseases in the Rohingya camps in Cox’s Bazar, where nearly a million people live, mostly in shacks made of bamboo and plastic sheets that cling to steep, denuded hills. 

“Sodden and unstable hills have collapsed over the weekend, destroying latrines. At lower levels, water from flash floods is washing over latrines, carrying sludge through the camps,” said Sanjeev Kafley, head of the Cox’s Bazar office of the International Federation of Red Cross and Red Crescent Societies. 

“We’re already seeing increases in acute water diarrhoea, and the risk of an outbreak of waterborne diseases is now a serious likelihood.” 

One of the two Rohingya casualties in Cox’s Bazar was a two-and-half-year-old boy who died when a mud wall fell on him and his mother. The injured mother is in hospital. A Rohingya man was killed when a tree, weakened by rainfall, fell on him. 

The number of Rohingya in Bangladesh has swelled since last August, when an army operation in Myanmar following Rohingya insurgents’ attacks on security forces prompted an exodus to Bangladesh. 

Mohammad Shamsuddoha, a senior official in Bangladesh’s refugee relief and repatriation commission, said that around 1,500 shacks have been damaged or destroyed since the weekend due to the rain. 

Nijhum Rokeya Ahmed, from the Bangladesh Meteorological Department, said there was a possibility of medium to heavy rain over the next 24 hours that could trigger further landslides in districts like Rangamati and Cox Bazar. 

The government is working with international aid agencies to quickly relocate an initial group of 100,000 Rohingya from the camps, said Mohammad Shah Kamal, the top civil servant in the Ministry of Disaster Management and Relief, who was visiting Cox’s Bazar. 

As of the first week of June, more than 28,000 refugees had been relocated, according to the Inter Sector Coordination Group that oversees relief work in the camps in Cox’s Bazar. 

Last week, the United Nations High Commissioner for Refugees said relocation was a challenge due to the lack of alternative flat land. Around 200,000 people have been identified as being at high risk. 

“Since we don’t have any place here we have to move them to Bhasan Char island and by September this year the relocation will be possible,” said Kamal, referring to the much-criticised plan to shift the Rohingya to a remote Bay of Bengal island being developed. 

In the hilly district of Rangamati, where 10 Bangladeshis have died, officials said rescue and relief teams were struggling to reach people due to difficult terrain. 

Reporting By Serajul Quadir in DHAKA; Additional reporting by Stephanie Nebehay in GENEVA; Editing by Krishna N. Das and Alex Richardson

By Antoni Slodkowski

Reuters

June 6, 2018

YANGON -- Safety and “identity” need to be in place for Rohingya Muslim refugees who return to Myanmar, the head of the United Nations in the country said on Wednesday, as Myanmar and U.N. agencies signed an outline deal on returns.

The signing of a memorandum of understanding between the government and U.N. development and refugee agencies - the UNDP and the UNHCR - marks a warming of ties which hit a low point last year after the government suggested some agencies provided food to Rohingya militants. 

The head of the United Nations in Myanmar, Knut Ostby, said he hoped U.N. staff would be able to travel to the violence-ravaged north of Rakhine State “almost immediately” to assess the situation and - over time - to help the refugees in Bangladesh make an informed decision about potential returns. 

Since August, about 700,000 Rohingya have fled an army crackdown in Myanmar, many reporting killings, rape and arson on a large scale. The United Nations has called the campaign a textbook example of “ethnic cleansing” - a charge Myanmar denies. 

U.N. officials have said for months the conditions in Myanmar were “not conducive” to returns which would be safe, voluntary and dignified and view Wednesday’s deal as a first step towards meeting those objectives. 

“There are two really crucial things that need to be in place - one is to have an identity for the people who come back, so that they can live as normal members of society both in terms of an identity and in terms of being able to have the freedom of movement,” Ostby told Reuters by phone. 

“And the other issue is that they need to be able to live in safety. They should not have to risk further violence,” said Ostby, who serves as the U.N. resident and humanitarian coordinator in Myanmar. 

Access to basic services, livelihoods and infrastructure would also have to be addressed, he said. 

Rohingya are widely called “Bengali” in Buddhist-majority Myanmar - which they see as a derogatory term implying they are illegal immigrants from Bangladesh. They have been denied citizenship despite many tracing their roots in the country back generations.

‘PATH TO CITIZENSHIP’ 

Nobel laureate Aung San Suu Kyi’s government has pressed the Rohingya to accept National Verification Cards - documents that are a part of government effort to register Rohingya, but which falls short of offering them citizenship. 

Rohingya community leaders have widely rejected the card, saying it treats life-long residents like new immigrants. 

Ostby, asked how the Wednesday agreement might help to resolve the issue of citizenship, said: “We have been talking for a long time about making a clear and predictable path to citizenship for those who are eligible.” 

But the granting of citizenship was the government’s prerogative, he said. 

“What we can do is to facilitate and we call for commitment to international principles,” said Ostby in his first detailed remarks on the text of the agreement, which has not been made public. 

Myanmar and Bangladesh agreed in January to complete the voluntary repatriation of the refugees within two years but differences between them persist, impeding implementation of the plan. 

The Myanmar government said in a statement after the signing it hoped the repatriation process would “hasten” with U.N. involvement. 

It said the UNHCR would help “in the implementation of the voluntary repatriation and the reintegration of all those who return”, while the UNDP would focus on preparing “conditions for recovery and resilience-based development”. 

Reporting by Antoni Slodkowski; Editing by Robert Birsel

By Stephanie van den Berg

Reuters

May 31, 2018

THE HAGUE -- Hundreds of Rohingya victims have appealed to judges at the International Criminal Court to grant prosecutors jurisdiction to investigate deportations from Myanmar to neighbouring Bangladesh, an ICC official said on Thursday.

The world’s first permanent war crimes court does not have automatic jurisdiction in Myanmar because it is not a member state, but the prosecutor in April asked the court to look into the Rohingya crisis and a possible prosecution through Bangladesh, which is a member. 

Since August, nearly 700,000 Rohingya Muslims have fled a military crackdown in mainly Buddhist Myanmar, the United Nations and aid agencies have said. 

Refugees have reported killings, rape and arson on a large scale; some countries compared the situation to the widespread ethnic cleansing seen during the Balkan wars of the 1990s. 

“We are of Rohingya identity and we want justice,” the group said in a letter, demanding that the court take action. “We have been raped, tortured and killed.” 

It was signed with fingerprints of the victims, mostly illiterate women from rural communities. 

A submission on behalf of 400 victims was handed to the court on Wednesday, backing the earlier request from the ICC prosecutor for jurisdiction, spokesman Fadi El Abdallah said. 

The families asked the court to examine allegations not only of deportation but persecution and what they called genocide by the Myanmar military against the Muslim Rohingya minority. 

Myanmar has rejected the efforts to establish international jurisdiction over the matter. 

Lawyers representing a group called Shanti Molhila, or Peace Women, said the court should hear the case because some of the crimes were committed across the border in Bangladesh. 

In her request to judges, ICC prosecutor Fatou Bensouda argued that the ICC had jurisdiction over the deportations because of the cross-border nature of the offence. 

Editing by Anthony Deutsch and Mark Heinrich

By Antoni Slodkowski

Reuters

May 18, 2018

YANGON -- The U.S. government’s aid chief said on Friday he believes in American aid engagement and development work in Myanmar, and the Rohingya crisis is an “impediment” to that work, not a reason to scale back assistance. 

Mark Green, administrator of the United States Agency for International Development (USAID), is in Myanmar for a three-day visit that follows a trip to the Bangladeshi capital, Dhaka, and Rohingya refugee camps in southeast Bangladesh. 

Some Asian leaders have been wary about U.S. President Donald Trump’s “America First” policy and his commitment to the region, especially after he walked away from the Trans-Pacific Partnership trade pact in 2016 in the name of protecting U.S. jobs. 

“When challenges are there, I don’t believe they get better by America pulling back ... I very much believe in what we do,” Green said in Myanmar’s main city of Yangon after meeting government leader Aung San Suu Kyi in the capital, Naypyitaw. 

Green said he believed in American engagement in Myanmar and the importance of “development tools” and “humanitarian assistance”. 

“We want to do more. We want to do good things, we want to do big things,” said Green.

On Thursday, Green told reporters in Dhaka the United States would provide $44 million in additional aid for the Rohingya and vulnerable populations in Myanmar and Bangladesh. 

According to U.N. estimates, nearly 700,000 Rohingya have fled into Bangladesh from Buddhist-majority Myanmar’s Rakhine State to escape a military crackdown since August, launched in response to Rohingya insurgent attacks. 

Refugees have told of numerous incidents of murder, rape and arson by Myanmar troops and Buddhist vigilantes, which the United States and United Nations have called “ethnic cleansing”. 

Myanmar has denied nearly all of the allegations, saying its security forces have been waging a legitimate counter-insurgency operation against Rohingya “terrorists”. 

“This is a country that I think has tremendous potential. There’s an impediment to that work - and that is the crisis that we’re talking about - but we believe that in the long-term future we can address this impediment,” said Green, referring to the Rohingya crisis. 

He has called on Myanmar to end violence against the Rohingya and to provide humanitarian workers and media unhindered access in the country. 

Green and other American officials on the trip also said the return of Rohingya refugees to Myanmar should be dignified, voluntary and safe and that their rights and security in Myanmar must be guaranteed. 

Reporting by Antoni Slodkowski

By Michelle Nichols

Reuters

April 30, 2018

DHAKA -- Bangladesh Prime Minister Sheikh Hasina asked the U.N. Security Council on Monday to press Myanmar to take back hundreds of thousands of Rohingya Muslims who fled a military crackdown to take refuge in her country.

Security Council envoys visited Hasina in the Bangladeshi capital, Dhaka, before traveling to Myanmar for meetings with its government leader, Aung San Suu Kyi, and military Commander-in-Chief Min Aung Hlaing later on Monday. 

“They should put more pressure on the Myanmar government so that they take their citizens back to their country. That’s what we want,” Hasina told reporters. 

The visit by the Security Council envoys, to see the aftermath of a military operation in Myanmar’s western Rakhine State, puts a global spotlight on the crisis which the United Nations and others have denounced as ethnic cleansing of Rohingya Muslims. 

Myanmar denies the accusation, saying the military was engaged in a legitimate counter-insurgency operation. 

Rohingya insurgent attacks on security posts in Rakhine State in August last year sparked the crackdown that, according to the U.N. and rights groups, sent nearly 700,000 Rohingya fleeing to camps in neighboring Bangladesh. 

Hasina said the refugees should return “under U.N. supervision where security and safety should be ensured”. 

“They want to go back to their own country. So the Security Council can play a very pivotal role,” she added. 

When asked if U.N. supervision meant the deployment of peacekeepers, Hasina said: “Not exactly, well, that the U.N. will decide”. 

Myanmar government spokesman Zaw Htay did not immediately respond to requests for comment. Social Welfare Minister Win Myat Aye, who is leading rehabilitation efforts in Rakhine, declined to comment. 

Kuwait’s U.N. Ambassador Mansour al-Otaibi, one of the envoys, told Hasina the Security Council wanted to “send a clear strong message ... that we’re determined to end this humanitarian crisis”. 

The envoys visited camps on Sunday, where distraught refugees pleaded for help ahead of the coming monsoon season. Many live in bamboo-and-plastic structures perched on hills in the southeast Bangladesh district of Cox’s Bazar.

‘DIFFICULTIES’ 

Myanmar and Bangladesh agreed in January to complete the voluntary repatriation of the refugees within two years but differences between the two sides remain and implementation of the plan has been slow. 

“We know there are difficulties in the talks between Bangladesh and Myanmar on the return of the refugees but it is important ... to create the appropriate conditions for the refugees to go back freely and voluntarily to their home of origin,” said al-Otaibi. 

The envoys are due to travel to Rakhine State on Tuesday. 

The Security Council asked Myanmar in November to ensure no “further excessive use of military force” and to allow “freedom of movement, equal access to basic services, and equal access to full citizenship for all”. 

They will seek to push the Myanmar government to implement those requests, diplomats said. 

Hasina also called on Myanmar to implement the recommendations of a commission headed by former U.N. Secretary-General Kofi Annan, which was appointed by Suu Kyi in 2016 to investigate how to solve Rakhine’s long-standing tensions.Among the commission’s recommendations was a review of a Myanmar law that links citizenship and ethnicity and leaves most Rohingya stateless. 

Buddhist-majority Myanmar has for years denied Rohingya citizenship, freedom of movement and access to basic services such as healthcare. Many in Myanmar regard Rohingya as illegal immigrants from mostly Muslim Bangladesh. 

Additional Reporting by Thu Thu Aung and Yimou Lee in YANGON; Editing by Darren Schuettler

By Reuters

April 26, 2018

The interviewers in the camps asked the refugees to recount their experiences during the wave of violence unleashed against Myanmar’s Rohingya Muslims.

WASHINGTON/COX’S BAZAR, Bangladesh — The U.S. government is conducting an intensive examination of alleged atrocities against Myanmar’s Rohingya Muslims, documenting accusations of murder, rape, beatings and other possible offenses in an investigation that could be used to prosecute Myanmar’s military for crimes against humanity, U.S. officials told Reuters.

The undertaking, led by the State Department, has involved more than a thousand interviews of Rohingya men and women in refugee camps in neighboring Bangladesh, where almost 700,000 Rohingya have fled after a military crackdown last year in Myanmar’s northwestern Rakhine State, two U.S. officials said. The work is modeled on a U.S. forensic investigation of mass atrocities in Sudan’s Darfur region in 2004, which led to a U.S. declaration of genocide that culminated in economic sanctions against the Sudanese government.

The interviews were conducted in March and April by about 20 investigators with backgrounds in international law and criminal justice, including some who worked on tribunals for Rwanda and the former Yugoslavia, the U.S. officials said.

The information will be analyzed in Washington and documented in a report to be sent to the State Department’s leadership in May or early June, the officials said. It’s unclear whether the Trump administration will publicly release the findings, or whether they will be used to justify new sanctions on the Myanmar government or a recommendation for international prosecution.

“The purpose of this investigation is to contribute to justice processes, including community awareness raising, international advocacy efforts, and community-based reconciliation efforts, as well as possible investigations, truth-seeking efforts, or other efforts for justice and accountability,” said a document used by the investigators in the sprawling refugee camps and reviewed by Reuters.

Three U.S. officials in Washington and several people involved in the investigation on the ground in Bangladesh disclosed details of the fact-finding operation to Reuters.

A State Department official, asked to confirm the specifics of the investigation conducted in the refugee camps as reported by Reuters, said “the program details are accurate.” The official, speaking on condition of anonymity, said the U.S. government was using all available information and a wide range of tools, but added: “We cannot get ahead of the deliberative, policymaking process.”

As of publication, the Myanmar government and military had not responded to questions from Reuters. Myanmar has said its operations in Rakhine were a legitimate response to attacks on security forces by Rohingya insurgents.

The interviewers in the camps asked the refugees basic demographic questions, the date the person left Myanmar, and to recount their experiences during the wave of violence unleashed against the Rohingya in Rakhine State by the Myanmar military and local Buddhist residents.

The investigators also asked refugees to describe the battalions and weaponry used by the Myanmar military in Rakhine State during operations against the Rohingya, said one person involved with the investigation in the camps, which are located in the Cox’s Bazar district in southern Bangladesh. The investigators have received names of individual perpetrators and the identities of specific battalions allegedly involved, this person said.

A second person involved in the project on the ground said 1,025 refugees have been interviewed and the assignment may include a second phase focused on military units.

Zohra Khatun, 35, a Rohingya refugee in the camps, said she told investigators that soldiers waged a campaign of violence and harassment in her village in Rakhine State starting last August. They made arrests and shot several people, driving her and others to flee, she said.

“One military officer grabbed me by the throat and tried to take me,” she told Reuters, clutching her shirt collar to demonstrate. The military, she said, burned homes in the village, including hers.

The investigation coincides with a debate inside the U.S. government and on Capitol Hill over whether the Trump administration has done enough to hold Myanmar’s military to account for brutal violence against the largely stateless Rohingya.

The Rohingya are a small Muslim minority in majority-Buddhist Myanmar. Though they have been present in what’s now Myanmar for generations, many Burmese consider them to be interlopers. Violence against them has increased in recent years as the country has made a partial shift to democratic governance.

In November, following the lead of the United Nations and the European Union, then-Secretary of State Rex Tillerson declared that the Rohingya crisis constituted “ethnic cleansing,” a designation that raised the possibility of additional sanctions against Myanmar’s military commanders and increased pressure on its civilian leader, Nobel peace laureate Aung San Suu Kyi. The Myanmar government has denied the accusations.

The United States responded in December by imposing targeted sanctions on one Myanmar general and threatening to penalize others. Washington has also scaled back already-limited military ties with Myanmar since the Rohingya crisis began. Human rights groups and Democratic lawmakers in Washington have urged the Republican White House to widen sanctions and designate the violence as “crimes against humanity,” a legal term that can set the stage for charges at the International Criminal Court in The Hague.

“No decisions have been made on that front, but it’s something being looked at very carefully,” a senior Trump administration official told Reuters.

A Reuters investigation published in February provided the first independent confirmation of what had taken place in the village of Inn Din, where 10 Rohingya Muslim men and boys were hacked to death by Rakhine Buddhist villagers or shot by security force members. The story was based on accounts not only from Rohingya refugees but also from soldiers, police officers and Buddhist locals who admitted to participating in the bloodshed.

Pictures obtained by Reuters showed the men and boys with their hands tied behind their backs and their bodies in a shallow grave. Two Reuters journalists were jailed while reporting the story and remain in prison in Yangon, where they face up to 14 years in jail on possible charges of violating Myanmar’s Official Secrets Act.

So far, there has been resistance by lawyers in the White House and State Department to adopt the terms “crimes against humanity” or “genocide” in describing deaths of Rohingya in Myanmar, the U.S. officials said.

The State Department itself has been divided over how to characterize or interpret the violence against the Rohingya, the officials said.

The East Asian and Pacific Affairs Bureau, staffed largely by career diplomats and representing the view of the embassy in Myanmar, has held at times “to a success narrative” on Myanmar since the lifting of sanctions was announced in October 2016 and the strong public role played by the U.S. government in the historic 2012 opening of the country after decades of military rule, one official said.

Diplomats in Yangon have also been reluctant to jeopardize Washington’s relationship with Suu Kyi, a democratic icon who has faced criticism for failing to do more to rein in the violence against the Rohingya. Some senior U.S. officials still believe Suu Kyi remains the best hope for a more democratic Myanmar, one official said. “They are reluctant to upset that relationship.”

That contrasts with the State Department’s Bureau of Democracy, Human Rights and Labor, based in Washington, which has pushed for tougher sanctions, the officials said. Bridging that gap has been made more difficult because the State Department under President Donald Trump has yet to fill many important diplomatic positions, the officials said.

Officials described the process in the refugee camps of documenting the abuses as rigorous. Each interview was coded with key words according to the alleged crime, such as killing, rape, sexual violence and lynching. Different categories of alleged perpetrator also have codes — from civilians to insurgents, Myanmar military personnel and police.

“After the 1,000 interviews and statistical analysis, we can draw certain conclusions about the perpetrators of crime and patterns of crime,” one official said.

The official said one possible result from the documentation of abuses against the Rohingya could be a vote by the United Nations General Assembly to establish an international body to investigate the most serious crimes committed against the Rohingya, similar to what it’s done with Syria.

The State Department did not respond to questions about divisions within the administration over how to characterize the violence and criticism that the administration was too slow in acting to halt abuses.

Subiya Khatun, 29, who fled her Rakhine home in September and reported seeing three dead bodies in a canal on her way to the Bangladesh border, said she hoped for justice and a safe return to Myanmar.

“They said they have come from America. ‘This investigation will be used for your help,’” she said she was told by the people who interviewed her in the camps. “If Allah wishes, we will get justice and our demands will be fulfilled.”

By Fanny Potkin 

Reuters

April 17, 2018

LONDON -- Bangladeshi Prime Minister Sheikh Hasina said on Tuesday more international pressure was needed on Myanmar to take back Rohingya refugees, rejecting claims by the Myanmar government the repatriation process had already started.

“The international community needs to put more pressure on Myanmar so that they take back their own people and ensure their security,” she told an audience in London. 

“Myanmar says they are ready to take back the Rohingya, but they are not taking the initiative.” 

U.N. officials say nearly 700,000 Rohingya have fled into Bangladesh from Rakhine to escape a military crackdown since August last year, amid reports of murder, rape and arson by Myanmar troops and Buddhist vigilantes in actions which the United Nations has likened to “ethnic cleansing”. 

Myanmar has denied nearly all allegations, saying it has been waging a legitimate counter-insurgency operation. 

Hasina said Bangladesh had submitted the names of 8,000 Rohingya families for repatriation to Myanmar, but that Myanmar had so far refused to take them back.

She disputed a claim by Myanmar that it had repatriated five members of a Rohingya family from Bangladesh, describing them as having been living in the no man’s land between the two countries. 

“Maybe (Myanmar) wants to show the world they are taking them back. It’s a good sign. If they want, then why only one family? We have already submitted the names of 8,000 (Rohingya) families, but they’ve not taken them back,” she said. 

In a statement on Saturday, Myanmar said it had repatriated the first Rohingya family from among refugees who have fled to Bangladesh. It said a family of five had returned to one of its reception centers in Rakhine state. 

The Bangladeshi government and the U.N. refugee agency told Reuters neither had any involvement in the repatriation. 

Hasina also confirmed a plan to move 100,000 Rohingya refugees to a uninhabited low-lying island in the Bay of Bengal and dismissed fears this would be put them at risk of floods. 

“Bangladesh can always be flooding and it does. The camps are very unhealthy. We have prepared a better place for them to live, with houses and shelters where they can earn a living. Where they are living now, the monsoon season is coming up, there can be land erosions, accidents are taking place.” 

However, aid agencies are fearful of the relocation plan and believe it would expose Rohingya refugees to cyclones, floods and human traffickers. 

Reporting by Fanny Potkin; editing by Stephen Addison and Mark Heinrich

By Reuters

April 13, 2018

YANGON -- The government of Nobel laureate Aung San Suu Kyi expressed “serious concern” on Friday over a move by the International Criminal Court prosecutor seeking jurisdiction over alleged deportations of Rohingya Muslims from Myanmar to Bangladesh. 

Since August, nearly 700,000 Rohingya Muslims have fled a brutal military crackdown in Myanmar, the United Nations and aid agencies have said. 

The refugees have reported killings, rape and arson on a large scale. The United States and the United Nations have described the situation as ethnic cleansing. 

Myanmar has denied nearly all allegations, saying it waged a legitimate counter-insurgency operation. The government has said the army crackdown was provoked by the attacks of Rohingya militants on more than two dozen police posts and an army base last August. 

In a filing made public on Monday, Prosecutor Fatou Bensouda asked the court to rule whether it has jurisdiction over the alleged deportations. 

An affirmative decision could pave the way for her to investigate the alleged deportations as a possible crime against humanity. One reason for the question over jurisdiction is that, while Bangladesh is a member of the court, Myanmar is not. 

“The Government of Myanmar expresses serious concern on the news regarding the application by the International Criminal Court (ICC) Prosecutor to claim jurisdiction over the alleged deportation of the Muslims from Rakhine to Bangladesh,” the administration said in a statement. 

In her application, Bensouda argued that, given the cross-border nature of the crime of deportation, a ruling in favour of ICC jurisdiction would be in line with established legal principles. 

“Nowhere in the ICC charter does it say the court has jurisdiction over states which have not accepted that jurisdiction. Furthermore, the 1969 UN Vienna Convention on International Treaties states that no treaty can be imposed on a country that has not ratified it,” the Myanmar government said in its statement. 

Bensouda was trying “to override the principle of national sovereignty and non-interference in the internal affairs of other states, in contrary to the principle enshrined in the UN charter and recalled in the ICC charter’s preamble,” it said. 

The ICC prosecutor’s office did not immediately respond to Reuters’ request on Friday seeking comment on the Myanmar government’s statement. 

The government also said in its statement it was working on repatriation of the Rohingya with Bangladesh and its minister had just visited refugee camps in Bangladesh. 

Bensouda’s request is the first of its kind filed at the court. She asked the ICC to call a hearing to hear her arguments, as well as those of other interested parties. 

The magistrate assigned to consider the request, Congolese judge Antoine Kesia-Mbe Mindua, will determine how to proceed. 

Reporting by Antoni Slodkowski; Editing by Clarence Fernandez

By Serajul Quadir, Stephanie Nebehay

Reuters

April 12, 2018

DHAKA/GENEVA -- The United Nations refugee agency is set to sign a memorandum of understanding (MoU) with Bangladesh laying out a framework for the voluntary repatriation of Rohingya refugees to Myanmar, an agency spokesman said on Wednesday.

The MoU is aimed at establishing cooperation between the UN agency and Bangladesh “on the safe, voluntary, and dignified returns of refugees in line with international standards, if and when the conditions are conducive to returns,” said U.N. High Commissioner for Refugees (UNHCR) spokesman Andrej Mahecic. 

Mahecic and Bangladesh Foreign Secretary Mohammad Shahidul Haque said the MoU will be signed on Friday in Geneva. 

Another Bangladeshi official involved in the discussions said the MoU is likely to lay out that the UNHCR will vet all refugees being repatriated to ensure that the process is 100 percent voluntary. 

“The whole return process will be operated as per the UNHCR, so there will be no force put on the refugee to go back,” said the source. 

Some 700,000 Rohingya Muslims have fled a military crackdown and crossed into Bangladesh from Myanmar’s Rakhine state since August. The refugees are living in cramped camps at Cox’s Bazar, and Bangladesh is keen to urge the refugees to return home soon, especially with the oncoming monsoons expected to cause major devastation at the camps.

The official, who asked not to be named as he was not authorized to discuss matters with the media, said the UNHCR is expected to run a few transit sites along the border that will house refugees before they are transferred to temporary resettlement shelters in Rakhine State. 

The official added that the U.N. body is expected to arrange sufficient funds to run the repatriation programme and that both the parties would conduct promotional activities urging people to return to Myanmar. 

A Myanmar minister told Rohingya refugees in Bangladesh on Wednesday that their repatriation was a priority, in the first visit by a top Myanmar official since last year’s exodus. 

The bilateral MoU would be an early step in the process; work on a deal involving Bangladesh, Myanmar and the UNHCR is ongoing. That tripartite deal would aim to provide guarantees around the resettlement and safety of those that agree to be repatriated, along with assurances that officials of the UNHCR will be allowed to regularly inspect these sites. 

Htin Lynn, Myanmar’s ambassador to the U.N. in Geneva, told Reuters later on Wednesday that he was confident that his country could reach a deal with UNHCR by the end of April covering safe and voluntary repatriation. 

Writing by Euan Rocha; editing by Mike Collett-White

By Andrew R.C. Marshall

Reuters

April 12, 2018

KUTUPALONG REFUGEE CAMP, Bangladesh -- Rehana Khatun dreamed her husband came home. He appeared without warning in their village in western Myanmar, outside their handsome wooden house shaded by mango trees. “He didn’t say anything,” she said. “He was only there for a few seconds, and then he was gone.” Then Rehana Khatun woke up.

She woke up in a shack of ragged tarpaulin on a dusty hillside in Bangladesh. Her husband, Nur Mohammed, is never coming home. He was one of 10 Rohingya Muslim men massacred last September by Myanmar soldiers and Rakhine Buddhists at the coastal village of Inn Din. 

(FOR AN INTERACTIVE VERSION OF THIS STORY - click here) 

Rehana Khatun’s handsome wooden house is gone, too. So is everything in it. The Rohingya homes in Inn Din were burned to the ground, and what was once a close-knit community, with generations of history in Myanmar, is now scattered across the world’s largest refugee camp in Bangladesh. 

A Reuters investigation in February revealed what happened to the 10 Rohingya men. On September 1, soldiers snatched them from a large group of Rohingya villagers detained by a beach near Inn Din. The next morning, according to eyewitnesses, the men were shot by the soldiers or hacked to death by their Rakhine Buddhist neighbors. Their bodies were dumped in a shallow grave. 

The relatives the 10 men left behind that afternoon wouldn’t learn of the killings for many months - in some cases, not until Reuters reporters tracked them down in the refugee camps and told them what had happened. The survivors waited by the beach with rising anxiety and dread as the sun set and the men didn’t return. 

This is their story. Three of them fled Inn Din while heavily pregnant. All trekked north in monsoon rain through forests and fields. Drenched and terrified, they dodged military patrols and saw villages abandoned or burning. Some saw dead bodies. They walked for days with little food or water. 

They were not alone. Inn Din’s families joined nearly 700,000 Rohingya escaping a crackdown by the Myanmar military, launched after attacks by Rohingya militants on August 25. The United Nations called it “a textbook example of ethnic cleansing,” which Myanmar has denied. 

On Tuesday, the military said it had sentenced seven soldiers to long prison terms for their role in the Inn Din massacre. Myanmar government spokesman Zaw Htay told Reuters the move was a “very positive step” that showed the military “won’t give impunity for those who have violated the rules of engagement.” Myanmar, he said, doesn’t allow systematic human rights abuses. 

Reuters was able to corroborate many but not all details of the personal accounts in this story. 

The Rohingya streamed north until they reached the banks of the Naf River. On its far shore lay Bangladesh, and safety. Many Inn Din women gave boatmen their jewelry to pay for the crossing; others begged and fought their way on board. They made the perilous crossing at night, vomiting with sickness and fear. 

Now in Bangladesh, they struggle to piece together their lives without husbands, fathers, brothers and sons. Seven months have passed since the massacre, but the grief of Inn Din’s survivors remains raw. One mother told Reuters her story, then fainted. 

Like Rehana Khatun, they all say they dream constantly about the dead. Some dreams are bittersweet - a husband coming home, a son praying in the mosque - and some are nightmares. One woman says she sees her husband clutching a stomach wound, blood oozing through his fingers. 

Daytime brings little relief. They all remember, with tormenting clarity, the day the soldiers took their men away. 

“ALLAH SAVED ME” 

Abdul Amin still wonders why he was spared. 

Soldiers had arrived at Inn Din on August 27 and started torching the houses of Rohingya residents with the help of police and Rakhine villagers. Amin, 19, said he and his family sought refuge in a nearby forest with more than a hundred other Rohingya. 

Four days later, as Inn Din burned and the sound of gunfire crackled through the trees, they made a dash for the beach, where hundreds of villagers gathered in the hope of escaping the military crackdown. Then the soldiers appeared, said Amin, and ordered them to squat with their heads down. 

Amin crouched next to his mother, Nurasha, who threw her scarf over his head. The soldiers ignored Amin, perhaps mistaking him for a woman, but dragged away his brother Shaker Ahmed. “I don’t know why they chose him and not me,” Amin said. “Allah saved me.” 

The soldiers, according to Amin and other witnesses, said they were taking the men away for a “meeting.” Their distraught families waited by the beach in vain. As night fell, they returned to the forest where, in the coming days, they made the decision that haunts many of them still: to save themselves and their families by fleeing to Bangladesh - and leaving the captive men behind. 

Abdu Shakur waited five days for the soldiers to release his son Rashid Ahmed, 18. By then, most Rohingya had set out for Bangladesh and the forest felt lonely and exposed. Abdu Shakur said he wanted to leave, too, but his wife, Subiya Hatu, refused. 

“I won’t go without my son,” she said. 

“You must come with me,” he said. “If we stay here, they’ll kill us all.” They had three younger children to bring to safety, he told her. Rashid was their oldest, a bright boy who loved to study; he would surely be released soon and follow them. He didn’t. Rashid was one of the 10 killed in the Inn Din massacre. 

“We did the right thing,” says Abdu Shakur today, in a shack in the Kutupalong camp. “I feel terrible, but we had to leave that place.” As he spoke, his wife sat behind him and sobbed into her headscarf. 

“DAY OF JUDGMENT” 

By now, the northward exodus was gathering pace. The Rohingya walked in large groups, sometimes thousands strong, stretching in ragged columns along the wild Rakhine coastline. At night, the men stood guard while women and children rested beneath scraps of tarpaulin. Rain often made sleep impossible. 

Amid this desperate throng was Shaker Ahmed’s wife, Rahama Khatun, who was seven months pregnant, and their eight children, aged one to 18. Like many Rohingya, they had escaped Inn Din with little more than the clothes they wore. “We brought nothing from the house, not even a single plate,” she said. 

They survived the journey by drinking from streams and scrounging food from other refugees. Rahama said she heaved herself along slippery paths as quickly as she could. She was scared about the health of her unborn child, but terrified of getting left behind. 

Rahama’s legs swelled up so much that she couldn’t walk. “My children carried me on their shoulders. They said, ‘We’ve lost our father. We don’t want to lose you.’” Then they reached the beach at Na Khaung To, and a new ordeal began. 

Na Khaung To sits on the Myanmar side of the Naf River. Bangladesh is about 6 km (4 miles) away. For Rohingya from Inn Din and other coastal villages, Na Khaung To was the main crossing point. 

It was also a bottleneck. There were many Bangladeshi fishing boats to smuggle Rohingya across the river, but getting on board depended on the money or valuables the refugees could muster and the mercy of the boatmen. Some were stranded at Na Khaung To for weeks. 

The beach was teeming with sick, hungry and exhausted people, recalled Nurjan, whose son Nur Mohammed was one of the 10 men killed at Inn Din. “Everyone was desperate,” Nurjan said. “All you could see was heads in every direction. It was like the Day of Judgment.” 

CROSSING THE NAF 

Bangladesh was perhaps a two-hour ride across calm estuarine waters. But the boatmen wanted to avoid any Bangladesh navy or border guard vessels that might be patrolling the river. So they set off at night, taking a more circuitous route through open ocean. Most boats were overloaded. Some sank in the choppy water, drowning dozens of people.

The boatmen charged about 8,000 taka (about $100) per person. Some women paid with their earrings and nose-rings. Others, like Abdu Shakur, promised to reimburse the boatman upon reaching Bangladesh with money borrowed from relatives there. 

He and his wife, Subiya Hatu, who had argued over leaving their oldest son behind at Inn Din, set sail for Bangladesh. Another boat of refugees sailed along nearby. Both vessels were heaving with passengers, many of them children. 

In deeper water, Abdu Shakur watched with horror as the other boat began to capsize, spilling its passengers into the waves. “We could hear people crying for help,” he said. “It was impossible to rescue them. Our boat would have sunk, too.” 

Abdu Shakur and his family made it safely to Bangladesh. So did the other families bereaved by the Inn Din massacre. During the crossing, some realized they would never see their men again, or Myanmar. 

Shuna Khatu wept on the boat. She felt she already knew what the military had done to her husband, Habizu. She was pregnant with their third child. “They killed my husband. They burned my house. They destroyed our village,” she said. “I knew I’d never go back.” 

THE ONLY PHOTO 

Two months later, in a city-sized refugee camp in Bangladesh, Shuna Khatu gave birth to a boy. She called him Mohammed Sadek. 

Rahama Khatun, who fled Myanmar on the shoulders of her older children while seven months pregnant, also had a son. His name is Sadikur Rahman. 

The two women were close neighbors in Inn Din. They now live about a mile apart in Kutupalong-Balukhali, a so-called “mega-camp” of about 600,000 souls. Both survive on twice-a-month rations of rice, lentils and cooking oil. They live in flimsy, mud-floored shacks of bamboo and plastic that the coming monsoon could blow or wash away. 

It was here, as the families struggled to rebuild their lives, that they learned their men were dead. Some heard the news from Reuters reporters who had tracked them down. Others saw the Reuters investigation of the Inn Din massacre or the photos that accompanied it. 

Two of those photos showed the men kneeling with their hands behind their backs or necks. A third showed the men’s bodies in a mass grave. The photos were obtained by Reuters reporters Wa Lone and Kyaw Soe Oo, who were arrested in December while investigating the Inn Din massacre. The two face charges, and potentially 14-year jail sentences, under Myanmar’s Official Secrets Act. 

Rahama Khatun cropped her husband’s image from one of the photos and laminated it. This image of him kneeling before his captors is the only one she has. Every other family photo was burned along with their home at Inn Din.

For the Rohingya crisis in graphics, click here

Rohingya refugees build shelter with bamboo at the Jamtoli camp in the morning in Cox's Bazar, Bangladesh, January 22, 2018. REUTERS/Mohammad Ponir Hossain

By Reuters

By Antoni Slodkowski

Reuters

April 8, 2018

YANGON -- Myanmar is not ready for the repatriation of Rohingya refugees, said the most senior United Nations official to visit the country this year, after Myanmar was accused of instigating ethnic cleansing and driving nearly 700,000 Muslims to Bangladesh.

“From what I’ve seen and heard from people – no access to health services, concerns about protection, continued displacements – conditions are not conducive to return,” Ursula Mueller, U.N.’s Assistant Secretary-General for Humanitarian Affairs, said after a six-day visit to Myanmar. 

A Myanmar government spokesman did not immediately respond to requests for comment on Mueller’s remarks. 

The Myanmar government has previously pledged to do its best to make sure repatriation under an agreement signed with Bangladesh in November would be “fair, dignified and safe”. 

Myanmar has so far verified several hundred Rohingya Muslim refugees for possible repatriation. The group would be “the first batch” of refugees and could come back to Myanmar “when it was convenient for them,” a Myanmar official said last month. 

Mueller was granted rare access in Myanmar, allowed to visit the most affected areas in Rakhine state, and met army-controlled ministers of defence and border affairs, as well as de-facto leader Aung San Suu Kyi and other civilian officials. 

The exodus of Rohingya Muslims followed an Aug. 25 crackdown by the military in the northwestern Rakhine state. Rohingya refugees reported killings, burnings, looting and rape, in response to militant attacks on security forces. 

“I asked (Myanmar officials) to end the violence … and that the return of the refugees from (Bangladeshi refugee camps in) Cox’s Bazar is to be on a voluntary, dignified way, when solutions are durable,” Mueller told Reuters in an interview in Myanmar’s largest city Yangon. 

Myanmar says its forces have been engaged in a legitimate campaign against Muslim “terrorists”. 

Bangladesh officials have previously expressed doubts about Myanmar’s willingness to take back Rohingya refugees. 

Myanmar and Bangladesh agreed in January to complete a voluntary repatriation of the refugees in two years. Myanmar set up two reception centres and what it says is a temporary camp near the border in Rakhine to receive the first arrivals. 

“We are right now at the border ready to receive, if the Bangladeshis bring them to our side,” Kyaw Tin, Myanmar minister of international cooperation, told reporters in January. 

Many in the Buddhist-majority Myanmar regard the Rohingya as illegal immigrants from Bangladesh. The U.N. has described Myanmar’s counteroffensive as ethnic cleansing, which Myanmar denies. 

Asked whether she believed in government assurances the Rohingya would be allowed to return to their homes after a temporary stay in camps, Mueller said: “I’m really concerned about the situation.” 

Part of the problem is that, according to New York-based Human Rights Watch, Myanmar has bulldozed at least 55 villages that were emptied during the violence. 

“I witnessed areas where villages were burned down and bulldozed...I’ve not seen or heard that there are any preparations for people to go to their places of origin,” Mueller said.

Myanmar officials have said the villages were bulldozed to make way for refugee resettlement. 

Mueller said she has also raised the issue with Myanmar officials of limited humanitarian aid access to the vulnerable people in the country and added, referring to the authorities, that she would “push them on granting access” for aid agencies. 

Reporting by Antoni Slodkowski. Editing by Lincoln Feast.

By Reuters

April 6, 2018

MANILA  -- Philippine President Rodrigo Duterte said on Thursday (April 5) "genocide" was taking place in Myanmar and he was willing to accept Rohingya Muslim refugees fleeing from it, though Europe should help too.

The United Nations and rights groups say some 700,000 people, most of them Rohingya, have fled from Myanmar into Bangladesh since August last year when Rohingya militant attacks on the security forces sparked a military crackdown.

The United Nations and several Western countries have said the Myanmar action constitutes ethnic cleansing but Myanmar rejects that. It says its security forces have been conducting legitimate operations against "terrorists".

Duterte, in a wide-ranging speech to farmers and agriculture officials at the presidential palace, touched on various issues including his recent decision to withdraw from the International Criminal Court over its decision to open a preliminary investigation into his bloody war on drugs.

Drawing the ire of officials in Myanmar, Duterte then expressed sympathy for the Rohingya and offered to help.

"I really pity the people there," Duterte said. "I'm willing to accept refugees. Rohingyas, yes. I will help but we should split them with Europe."

He also mentioned the inability of the international community to resolve problems in Myanmar.

"They can't even solve the Rohingya. That's what genocide is, if I may say so," Duterte said.

Myanmar has rejected any suggestion genocide is taking place and its government spokesman, Zaw Htay, said Duterte's comments did not reflect the real situation.

"He doesn't know anything about Myanmar," Zaw Htay told Reuters.

"The usual behaviour of that person is to speak without restraint. That's why he said that."

Duterte's comments were broadcast live on television and later included in a transcript of his speech, issued by his office.

Such a denunciation by a South-east Asian leader of a neighbour is rare.

Both the Philippines and Myanmar are members of the Association of South East Asian Nations which has long upheld a convention of withholding criticism of fellow members.

Duterte did not refer by name to Myanmar leader Aung San Suu Kyi, who has been heavily criticised abroad for failing to stand up for the largely stateless Rohingya, only saying: "That woman, she is my friend."