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Statement of the Special Rapporteur on the Situation of Human Rights in Myanmar 

By Tomás Ojea Quintana, 21 August 2013, Yangon International Airport, Myanmar 

I have just concluded my ten-day mission to Myanmar – my eighth visit to the country since I was appointed Special Rapporteur in March 2008. I would like to express my sincere appreciation to the Government of Myanmar for its invitation, and in particular for granting me an extended visit this time, which has enabled me to cover more ground than I have done previously during my five-day missions. 

In Naypyitaw, I met with the Minster of Foreign Affairs; the Minister of Immigration and Population; the Ministers of the President’s Office; the Minister of Education; the Minister of Health; the Minister of Labour, Employment and Social Security; the Minister of Social Welfare, Relief and Resettlement; the Deputy Minister of Defence; parliamentarians and members of parliamentary committees, including the Bills Committee and International Relations Committee of the Amyotha Hluttaw; the Attorney General; the Chief Justice and other members of the Supreme Court; members of the Letpadaung Implementation Committee; Advisors to the President; and the Chief of Police. I also met with Daw Aung San Suu Kyi. 

In Yangon, I met with prisoners of conscience released since my last visit; members of the prisoner review committee; members of the media, including the social media; members of the 88 Generation; political party representatives; a range of civil society organisations; the Myanmar National Human Rights Commission; lawyers; members of interfaith organisations; and land activists. While in Yangon, I visited Insein Prison and met with five prisoners of conscience, and made a tour of the prison, including the female wards. And I met with 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. 

I visited Rakhine State, including Buthidaung Prison, Sittwe Prison, Sittwe Hospital, Shwe Kyaung Monastery and Aung Mingalar quarters. I visited Kachin State, and went to Myitkyina where I met with state officials as well as Kachin Independence Organisation (KIO) officials. I visited Mindat and Kanpalet in Chin State and met with state officials, community and religious leaders, and civil society. In Mindat, I visited a Border Areas National Races Youth Development Training School (Na Ta La) where I met with teachers and students. I visited Shan State and went to Lashio to meet with state officials and national groups and local monks. I made a tour of the areas affected by the intercommunal violence there last May, and met with members of the Buddhist and Muslim communities affected by the violence. I also visited Lashio Prison to meet with persons detained in connection with the violence. In Shan State, I visited Namhsan and met with representatives of the Palaung self-administered zone and representatives of workers and civil society organisations there. I visited Mandalay and met with regional government ministers and went on to Meiktila township, and in Naypyitaw met with residents of Meiktila who had been affected by the March violence. I would like to thank the Government for organising this wide-ranging visit, and for the freedom of movement and access I was granted, which enabled me to develop a comprehensive assessment of the human rights situation on the ground. 

In my visit to Kachin State, I met state authorities and the KIO technical team that had recently opened an office in Myitkyina, where I discussed ongoing human rights and humanitarian concerns. I received further information about the seven-point agreement signed by the government and the KIO on 30 May 2013, which I welcome, and I was encouraged by the inclusion of an agreement to undertake relief, rehabilitation and resettlement of internally displaced persons. However, there remains a serious challenge regarding the implementation of this provision. I learnt that UN humanitarian agencies had only been provided with access to non-government controlled areas once between July 2012 and July 2013. The information I have received about these areas is extremely concerning, particularly with regard to food security. I also attempted to visit Laiza during this mission, but unfortunately the state and central government were unable to grant clear permission. This pattern of denying access not only to address humanitarian shortcomings, but also serious human rights concerns, needs to change immediately.

Over the years there have been serious allegations of human rights abuses against villagers from Kachin, though I believe these have reduced following progress with ceasefire negotiations. However, some clashes continue to occur in Northern Shan State. What is also concerning is the information I received about the lack of consultation with internally displaced communities on their return. Any initiative to return IDPs to their places of origin has to be done with the free, prior and informed consent of the ethnic communities concerned, and also involve consultation with humanitarian agencies working in the State, including UN agencies.

In Myitkyina, I went to Jamai Kawng IDP camp and met with Buang Shawng, who I had met in detention during my previous visit and who had been recently released. As well as welcoming his individual release, I hope this will be a sign that the Government will stop the practice of detaining people for their alleged association with non-state armed groups. 

I also met with members of the large Shan community living there, and listened to how they had been affected by the ongoing conflict. It is vital that the ceasefire and political negotiations in Kachin State also address the concerns of this group. 

I visited Chin State for the first time, and observed the beauty of the environment and how friendly and open the people were. There, I went to Mindat and Kanpalet, and noted that restrictions on Christians have eased notably in 2013, though there remain some shortcomings in terms of bureaucratic obstacles towards opening spaces for Christian worship. Also, in the Na Ta La schools, equal access for both Buddhists and Christians needs to be ensured. In my meeting in Mindat with State Government officials and community and religious leaders, there was a frank but respectful dialogue about State policies and their negative impact on different communities. I found this discussion an example of good democratic practice emerging in Myanmar.

Chin State has serious levels of underdevelopment. Many of the roads I travelled on were nothing more than dusty dirt tracks and the communities I met spoke to me about their frustrations with intermittent access to electricity and uneven access to drinking water. With the country opening up, development will come, but it is important that this process occurs in a participatory, transparent, accountable and equal manner. Environmental considerations should also be at the forefront of developmental policy. Most importantly, the process of development and the exploitation natural resources there should benefit the Chin communities, who have suffered from neglect from the central government over the years.

I went to Rakhine State for the fourth time, and was greeted by many locals who were protesting my visit. Although this was not a message I liked to hear, I welcomed that people were able to stand in public and express their views. I stepped out of the car and met with one of the protestors, who spoke passionately about her pride of being a Rakhine Buddhist, and her distress over the neglect of her community over the years. She spoke of how her community had suffered during the recent violence and upheaval, and of her hopes for a more secure and peaceful future.

In Rakhine State, the state and central government are working well with the international community to address urgent humanitarian needs of both Rakhine Buddhists and the Muslim communities. The authorities and UN agencies have been successful in building new shelters for Muslim and Rakhine IDPs to face the rainy season in time to prevent a humanitarian crisis, which has been a serious concern. In my meeting with the Chief Minister of Rakhine State, I welcomed his assurances that there was no two-child policy in place for the Muslim populations in Northern Rakhine State. The Minister of Immigration reconfirmed that such a policy does not exist, though he accepted that there might have been a practice of two-child restrictions on the ground by Nasaka. I welcome the disbandment of Nasaka, a border security force which has allegedly committed numerous human rights violations over the years.

However, my overriding concern is that the separation and segregation of communities in Rakhine State is becoming increasingly permanent, making the restoration of trust difficult. This continues to have a particularly negative impact on the Muslim community. The severe restrictions on freedom of movement in Muslim IDP camps and villages remain in place. I visited Aung Mingalar, the only remaining Muslim ward in Sittwe, where a large number of people are living in a confined space, with the periphery marked out with barbed wire and guarded by armed police. This has serious consequences for fundamental human rights, including access to healthcare, education, as well as access to livelihoods. Furthermore, there continues to be cases of humanitarian workers facing intimidation by local groups when attempting to provide healthcare to the camps, which compounds the problem of access to healthcare.

The police and army have now taken charge of security in Rakhine State. Although there are legitimate security concerns which the police and army are addressing, I have received many serious allegations of the disproportionate use of force in dealing with large crowds of Muslim protestors. The latest incident saw live ammunition used to disperse a crowd of Muslims in Sittwe, with two killed and several injured. Security forces need to stop the use of excessive force.

Sittwe and in particular Buthidaung prison are filled with hundreds of Muslims men and women detained in connection with the violence of June and October 2012. Many of these have been arbitrarily detained and tried in flawed trials. I met the State Chief Justice and urged for the respect of due process of law. The use of torture and ill treatment, including some cases of death, during the first three months of the June outbreak, needs to be properly investigated and those responsible held to account.

The starting point for the solution to the situation in Rakhine lies with the unavoidable role of the state in pursuing policies that benefit both communities and brings the restoration of the rule of law as a means to build bridges between them. The Minister of Immigration told me that he has started to involve third parties to facilitate engagement between communities and the Government. This is a positive step forward. At the same time, I believe that the central and state Government need to pursue coordinated policies which comprehensively address the spread of discriminatory views and practices in Rakhine State. This includes strong and consistent public messaging through print, broadcast and social media and the engagement of religious leaders and political parties in dialogue. The establishment of the Interfaith Group of Myanmar is a step in the right direction. Addressing the issue of underdevelopment and poverty, including the sharing benefits from the State’s natural resources with local inhabitants, must also be considered as vital to finding solutions to the crisis in Rakhine State.

There continue to be prisoners of conscience in Myanmar, and I reiterate they should be released immediately and unconditionally. I visited Insein prison and met five prisoners of conscience (Ke E, Zaw Min Than, Saw War Lay, Min Min Tun and Htauk Swan Mon). I also met in Yangon with two members of the committee appointed by the Government who have produced a list of remaining prisoners of conscience, which they will soon pass to the Chair of the committee. In Rakhine State, I also visited prisoners who have been arbitrarily detained (Dr. Tun Aung and U Kyaw Hla Aung), and the four INGO workers who have been arbitrarily detained since June and July last year.

President Thein Sein has announced that by the end of the year all remaining political prisoners will have been released. This is a very encouraging announcement, which I hope becomes a reality. The Presidential statement should be accompanied by the respect of every person in Myanmar to freely express and demonstrate their opinions. I have met persons who have been detained and charged under section 18 of the Peaceful Assembly and Demonstration Act for their involvement in peaceful protests, including on land issues. I reiterate that this legislation is not in line with international human rights standards.

In Yangon I met with a range of civil society groups, and listened to their concerns. I urge the Parliament to postpone the passing of the proposed Associations Law. The bill, if passed in its current form, would be a serious setback for the development of a strong and vibrant civil society in Myanmar. With this bill, the Government is setting up a system of registration for civil society which enables them to arbitrarily clamp down on legitimate organisations. I must make clear that the Government has to change its mindset on registration procedures if it is to create an environment in which civil society can thrive.

I also met in Parliament with members of the newly formed Constitutional Reform Committee, which will begin its work next week. Throughout the mission, I discussed with different stakeholders the issue of constitutional reform. They pointed out the provisions of the Constitution that are not in line with international human rights standards, and undermine democracy and the rule of law. These provisions include those that place unnecessary restrictions on who can run for President, and which allow for military appointees to occupy 25 per cent of seats in Parliament. I welcome the opening of space for discussions on the review of the Constitution and hope that this will bring concrete results in the near future.

I also met members of the LGBT community who raised concerns about discrimination and maltreatment at the hands of the police and application of the penal code against them.

I visited Lashio in Shan State where I met with township authorities and Muslim leaders. Both described to me that organised Buddhist mobs that had arrived from outside of Lashio in late April to wreak violence and destruction. I also met, at her home, the Buddhist woman who had inexplicably been set on fire by a Muslim man who was described by the authorities as mentally disturbed and high on drink and drugs. The violence which came after this incident affected mostly the Muslim community in Lashio, where in some cases the police stood by whereas some monks were intervening to try to quell the violence. I met with senior monk Sayadaw Baddhanta Ponnya- Nanda of the Lashio Mansu Shan Buddhist Monastery, who provided shelter for over 1,000 Muslims escaping the rampaging mobs. Muslim houses, shops, a mosque and a Muslim orphanage were burnt down. Also, a Muslim man was brutally beaten to death with sticks and stabbed, and his wife, who I also met, was severely injured. This brought home to me the terrible misery this intercommunal violence is bringing to the lives of ordinary people. A number of Buddhists have been tried and convicted as well as a number of Muslims. The question of how the police reacted, particularly in the early stages, must also be investigated. Many of the Muslim communities that lost their homes, including the orphanage, are unable to return due to administrative requirements which need to be overcome.

The prospect of restoring communities that live in peaceful coexistence in Lashio is much more challenging in Meiktila. On my way to the township administrative office in Meiktila, at around 10.30pm on 19 August, my car was descended upon by a crowd of around 200 people who proceeded to punch and kick the windows and doors of the car while shouting abuse. Due to these serious security concerns, I had to abandon my proposed visit to an IDP camp containing around 1,600 Muslims who had been displaced following the March violence; a visit which had been planned well in advance. The fear that I felt during this incident, being left totally unprotected by the nearby police, gave me an insight into the fear residents would have felt when being chased down by violent mobs during the violence last March as police allegedly stood by as angry mobs beat, stabbed and burned to death some 43 people. I must highlight the obligation of the Government to act immediately to control violent mobs, running riot in communities, and protect all people regardless of their religion or ethnicity; something it seems they have not done during the violence in Meiktila. The Government also has an obligation to hold to account those who have failed to carry out this duty.

The following day, outside of Meiktila, I was able to interview Muslim residents who had been directly affected by the violence, including a father whose son had been killed on his way to play football with a friend. The violence in Meiktila has highlighted to me the dangers of the spread of religious incitement in Myanmar, and the deadly environment that this can create, where a Buddhist monk and Muslim students were brutally killed. Although the Chief Minister declared that the trust had been restored, this does not reflect reality. The central and state government has also an obligation to urgently address these worrying trends.

Just prior to my mission, I was encouraged to see a large commemoration of the 88 pro-democracy demonstrations, and I praise the Government for allowing this to take place. I believe that these initiatives are a necessary part of the democratic transition occurring in Myanmar. The past is unavoidable and will always come up in a country that has suffered decades of conflict and oppression. Therefore, the Government together with civil society has to build on this progress towards addressing the past through mechanisms to establish the truth and bring reconciliation.

Myanmar is moving forward in a significant number of areas, which has brought positive changes to the human rights situation, and has the potential to bring further improvements. However, there are still critical challenges, including the historical need of reconciliation with ethnic groups. In this regard, the initiatives being implemented at the highest levels by the Government to stop more fighting in the country needs to be accompanied, in parallel, with measures at the grassroots level to also engage local and rural communities in the process of peacebuilding and reconciliation. More space needs to be opened up for their voices to be heard, particularly the voices of women, including in the peace negotiations, so communities have trust and belief that this process will lead to a better future.

I want to again thank the Government of Myanmar for its invitation and cooperation. And I reaffirm my willingness to work constructively and cooperatively with Myanmar during this transition to improve the human rights situation of its people. 

ENDS

This statement was originally published here.

(Photo - Myat Thura)
By Tomás Ojea Quintana, 16 February 2013, Yangon International Airport, Myanmar

I have just concluded my five-day mission to Myanmar - my seventh visit to the country since I was appointed Special Rapporteur in March 2008. I would like to express my appreciation to the Government of Myanmar for its invitation, and for the cooperation and flexibility shown during my visit, in particular for my visits to Rakhine State and Kachin State.

In Naypyitaw, I met with the Home Affairs Minister, parliamentarians, the Chief Justice, Attorney General, Deputy Minister of Foreign Affairs, Deputy Minister for Border Affairs, and the Minister of Social Welfare, Relief and Resettlement. 

In Yangon, I met with prisoners of conscience released since my last visit, members of the Interim Press Council, visited the offices of the Myanmar Times, met with members of the 88 Generation, protestors involved in the Moehti Moemi gold mine and Letpadaung copper mine protests, a range of civil society organisations, the Myanmar National Human Rights Commission, and the Dean and students of Yangon University. I also met with Daw Aung San Suu Kyi and discussed a broad range of human rights issues. While in Yangon, I visited Insein Prison, met with five prisoners of conscience, and made a tour on conditions, speaking to inmates along the way, including prisoners in solitary confinement. And I met with 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.

I also visited Rakhine State and Kachin State. In Rakhine State, I visited Muslim and Buddhist IDP camps in Sittwe, Myaybon and Pauk Taw, and also visited Sittwe Prison. In Kachin State, I visited IDP camps in Myitkyina and Waingmaw and also visited Myitkyina Prison. I would like to thank the Government for organising these visits and for the freedom of movement I was granted, which allowed me to assess the human rights situation on the ground. 

In Kachin State, I am encouraged by the developments in the ceasefire dialogue, and hope it will continue to progress over the coming weeks. I have been particularly concerned over the previous months of the escalation of military offensives, which has brought further death, injury and destruction to the civilian population. Furthermore, the ongoing large military presence, which remains beyond the reach of accountability mechanisms, means that serious human rights violations are continuing there. Based upon my visit to Myitkyina and interviews with persons in the IDP camps and detainees in Myitkyina prison, I am concerned about the ongoing practice of arbitrary arrest and torture during interrogation by the military of Kachin men accused of belonging to the Kachin Independence Army (KIA). 

While I welcome the peace talks in China, the resolution of the conflict will need to address the role played by ethnic minorities in the reconstruction of the nation. I therefore highlight the importance of involving community based organisations, which are dealing with the consequences of the conflict, to participate in a transparent process of political dialogue and negotiation. 

In the meantime, I urge both the military and non-state armed groups to comply with international human rights and humanitarian law, and to address the use of anti-personnel landmines. Over the years of conflict in Kachin State, the use of anti-personnel landmines has been widespread by both sides and they continue to cause death and injury to civilians as well as severe psychological trauma to the communities. In one of the camps, I met a teacher who had suffered serious injuries to his leg in a blast from a landmine. The Minister of Defence informed me during this mission that the Ministry of Social Welfare, Relief and Resettlement had established a mine risk education programme. While I welcome this initiative, I urge the authorities to also begin the process of demining in the areas where the conflict has ceased, and to ratify the Anti-Personnel Landmine Convention. 

I welcome the recent decision of the Government to allow a United Nations convoy to deliver humanitarian assistance to non-government controlled areas in Kachin State, but am concerned about the pace of implementation of this decision and will be monitoring this. Humanitarian access is still a challenge in Kachin State. While acknowledging the security issues for the humanitarian staff referred to by the Ministry of Defence during this mission, I believe that there are administrative and political obstacles that can be overcome to improve access. Furthermore, the harassment of local staff from humanitarian organisations and steadily decreasing donor funding are also having a detrimental effect on the provision of humanitarian assistance in Kachin State. 

Yesterday and today I visited three IDP camps in Kachin State. I was deeply moved to hear from families whose houses had been burnt down, their livelihoods destroyed, and who had had to leave loved ones behind, with thoughts about their future filled with apprehension and uncertainty. I also heard cases of forced recruitment by both Government and non-state armed forces. These people are living in shelters in IDP camps that are meant to be temporary, but they are becoming increasing permanent as the conflict goes unresolved. I believe that both the Government of Myanmar and the non-state group hold a heavy responsibility to reach a common understanding that will enable them to lay down their arms and build a lasting peace. 

Rakhine State is going through a profound crisis that threatens to spread to other parts of the country and has the potential to undermine the entire reform process in Myanmar. Both Muslim and Buddhist Rakhine communities continue to suffer the consequences of violence that the Government has finally been able to control, though question marks remain over the extent to which excessive force has been used. 

Around 120,000 people are internally displaced in camps, some of whom I met with during my visits to camps in Sittwe, Myaybon and Pauk Taw. I commend the efforts of the Myanmar government and the local authorities and their collaboration with the United Nations and humanitarian organisations to improve the conditions in these camps since my visit last August, including the provision of food, shelter and access to water and sanitation. My major concern lies with the lack of adequate health care in the larger Muslim camps. For instance, in Taung Paw camp in Myaybon Township, I met a woman in dire need of medical attention due to a severe case of gangrene in her foot. This kind of suffering in the camps is unacceptable and I urge the central and state authorities to ensure that adequate medical care is provided to all IDP camps. 

This is not just a matter of lack of resources, but requires the safe passage of humanitarian assistance to these camps. Currently, local and international medical staff are unable to provide medical care to some of the Muslim camps due to the threats and harassment they face from local Rakhine Buddhist communities. I urge the local authorities to send a clear message through their networks that this harassment of staff is not acceptable.

The Government also needs to address the issue of freedom of movement of people in these camps. Taung Paw camp in Myaybon Township felt more like a prison than a camp. People need to be given greater freedom of movement to engage in economic activity, such as trade and fishing, and to access education and obtain healthcare. This is also necessary to begin the process of rebuilding trust between communities through interaction, and to restore the dignity of the people who find themselves trapped in these camps through no fault of their own. Furthermore, the IDP camps cannot become permanent settlements for the communities, and if necessary the government needs to allocate land. The Government in Naypyitaw reassured me that the people will return to their villages. However, in Rakhine State, the information among stakeholders is that this won’t take place and the current settlements will become permanent, which is particularly concerning with the coming rainy season in May which will flood many of these camps. 

Feelings of fear, distrust, hatred and anger remain high between communities. To address this requires education, responsible local journalism, as well as mutually respectful dialogue between community leaders. For my visit, the local authorities organised a discussion between Muslim and Buddhist community leaders, which gave me hope that solutions can be found through mutually respectful dialogue in which both sides are willing to make compromises to find solutions. Local authorities are currently not doing enough in this regard, and must step up their efforts. Time does not heal wounds unless measures are taken to repair relations. To help inform this dialogue, the facts of what has happened need to be established and those responsible for human rights violations held to account, which I hope the Investigation Committee established by the President will help to do in its upcoming report which should be made public. 

Mutually respectful dialogue cannot be had while discrimination based on grounds of ethnicity and religion remains unaddressed. I therefore reiterate my recommendation to Parliament that the 1982 Citizenship Act be amended to ensure that all persons in Myanmar have equal access to citizenship and are not discriminated in such access on grounds of ethnicity or religion. In the meantime, the current Act should be applied in a non-discriminatory manner to enable those with a just claim to citizenship, to claim it on an equal basis with others, including those from the Rohingya community. 

While in Rakhine State, I also visited Sittwe Prison, and met with Dr. Tun Aung, and we discussed the role that he can play in rebuilding bridges between different communities if he is released. I regard Dr. Tun Aung as a prisoner of conscience who must be released immediately. This is also necessary to demonstrate that Myanmar has made a break from the past and no longer locks people up for political reasons. Furthermore, Dr. Tun Aung’s case reveals that Muslims being tried and convicted in Rakhine state in relation to the recent violence are not receiving access to legal counsel, which is a violation of their basic human rights. 

I am also dismayed that four INGO staff remain in detention in Rakhine State, having highlighted their cases in my last report to the General Assembly. I must reiterate that the charges against them are unfounded and that their due process rights have been denied and call for their immediate and unconditional release. 

Despite the fact that the Government has released a large number of prisoners of conscience, there still remains a significant number. In Insein prison I met with five prisoners of conscience: Aung Naing, Saw Francis, Tun Oo, Win Myint and Zaw Moe. They all should be released and I hope that the soon to be established committee, which I strongly welcomed when I met with the Home Affairs Minister, will include the participation of civil society to help ensure the speedy release of all remaining prisoners of conscience. The Home Affairs Minister appreciated the importance of this issue when I discussed with him the cases of the prisoners of conscience I met in Insein prison and Sittwe prison and the four INGO workers detained in Buttidaung prison. 

I continue to be concerned about the practice of torture happening in places of detention in Myanmar. I met with the sister of Mr. Myo Myint Swe, who died following torture during interrogation while in police custody, and the wife of Mr. Phyo Wai Aung, who also allegedly suffered torture during police interrogation and passed away last January only five months after his release following my previous visit. Its ongoing practice highlights the gaps that exist between the reforms at the highest levels of government and the reality on the ground. However, I acknowledge that the Government and state authorities are taking steps to close this gap, and that a new Prison’s Law is currently with Parliament. I am also encouraged that the Government has restarted work with the ICRC and hope that this will continue. 

I am particularly concerned by the situation in Buttidaung prison in northern Rakhine State, on which I have received serious allegations that Muslim prisoners have been tortured and beaten to death. I urged the Minister of Home Affairs to instruct authorities in Buttidaung Prison to immediately halt any practices of torture and ill-treatment that may be occurring which are contrary to international human rights law.

There has been important progress in developing a more open environment in Myanmar for people to express themselves, including a freer media environment. I met with members of the Interim Press Council, which is largely made up of independent journalists and which, to the Government’s credit, has been given responsibility to draft a new media law. This will be an important piece of legislation to protect the freedom of expression of journalists, and I encourage the executive and legislative branches to ensure its speedy passage into law once the draft has been submitted later in the year. 

Important gaps which remain include the lack of access to information for journalists, which will require some form of access to information Act to address, as well as the reform of the registration process for print publications, so that the threat of the revocation of licences cannot be used by state authorities as a tool for censorship. 

Reform of broadcasting media is lagging behind, and there are currently no steps in place to ensure plurality of broadcast media, such as community radio. The same commendable bottom up approach that the Government is taking with the media law also needs to applied to the drafting of a broadcast law. 

When I met with members of Parliament in Naypyitaw, I raised my concerns over their decision last January to approve an investigation of the online activities of a blogger who had criticised MPs’ amendments to the Constitutional Tribunal Law. I emphasised that in a democracy, all forms of criticism need to be accepted, and particularly in the case of public institutions. 

In my meeting with the Myanmar Times Chief Editor at the Myanmar Times’ Offices, we discussed the new freedoms experienced by newspapers. And we also discussed the ownership issues of the Myanmar Times, and I was concerned to hear about the continued detention of his former business partner. 

Progress in realising the right of people in Myanmar to assemble and demonstrate represents well the stage that Myanmar is at in its reform process. Important changes have taken place at the top, such as the passing of a Peaceful Demonstration and Gathering Law, but not to the point where international human rights standards are met. I discussed with parliamentarians, the Home Minister and the Attorney General article 18 of the law, which requires permission from local authorities to demonstrate and provides for up to one year in prison for a demonstration held without permission. I highlighted that only notification should be required and that imprisonment for peaceful assembly can never be justified. 

Furthermore, there is a gap between reform at the top and implementation on the ground. Permits for assemblies are being granted and denied arbitrarily and on political grounds, and the behaviour of law enforcement personnel towards protestors is not always consistent with international human rights standards. I met people who participated in the Letpadaung Taung protests, and they described how incendiary devices had been used to disperse protestors, resulting in serious injuries. In my conversation with the Home Affairs Minister, he denied that any incendiary devices had been used. I look forward to the results of the Investigation Committee chaired by Daw Aung San Suu Kyi to look into these events and to clarify whether excessive and disproportionate force was used. I also discussed with the Home Affairs Minister capacity development that can be provided to law enforcement officials to ensure that the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials are complied with. 

During my time in Yangon, I could already see changes from the flow of investment and opening of businesses here. There is a unique opportunity to channel this energy to pursue a form of development which enables the realisation of human rights in Myanmar. However, there is also the potential that development projects will have a detrimental effect on the human rights situation, through land confiscations, forced evictions, environmental degradation as well as reinforcing corrupt power structures and further concentrating wealth and resources in the hands of the few. Through transparency about where money is being spent, consultation with local communities, and investment by business in research which identifies the potential adverse human rights impact of their activities, these concerns can be addressed. There are also institutional reforms that the Government can introduce to guard against the potentially adverse impact of economic development. For instance, I do not believe that Myanmar currently has the mechanisms in place to deal with the flood of complaints about land confiscation and forced eviction that have started in relation to development projects. 

During my meetings with the Attorney General, I was encouraged to hear about new legislation being passed that may have a positive impact on the human rights situation, as well as the efforts to develop the capacity of judges and lawyers in international human rights law. However, I didn’t see any evidence that the judiciary is developing any independence from the executive branch of government, and urge the Government to work on this. In addition, there are some other laws that remain on the books which have been used against the people, such as the Unlawful Associations Act and the State Protection Act. I reiterate my call to the Government to repeal this kind of legislation. 

In addition, the speed of the legislative reform over the past two years is important but at the same time careful attention needs to be paid to the drafting process, which should include adequate consultation with stakeholders such as civil society. Otherwise, problematic provisions, such as those I have just mentioned in the new Peaceful Demonstration and Gathering Law, will be repeated. 

I met members of the Parliament, and I was encouraged by the continuing development of Parliament’s role. I openly discussed with them, including a member (colonel) of the 25 per cent military presence, the tendency of military MPs to vote in accordance with instructions from higher military authorities. Though this is in accordance with the constitution of Myanmar, it demonstrates a gap in the democratic functioning of the Parliament.

The need for constitutional reform was discussed with a range of stakeholders during this mission. The current Constitution contains a number of provisions which could undermine the rule of law and fundamental human rights. During my discussions with government and non-governmental stakehoIders, I was encouraged that there was open discussion about the importance of the Constitution to reflect the needs and aspirations of the Myanmar people, and that it could be changed if the people desired it. Also, ethnic minority groups have stressed that constitutional reform is needed to reflect their demands for more control over their own affairs, and that it is crucial for the consolidation of ceasefire agreements and political agreements.

I also believe that the Constitutional Tribunal can play an important role in bringing the Constitution to be in compliance with international human rights standards through their mandate to interpret the Constitution. 

To finish, in my meetings with different stakeholders, including members of Parliament, I insisted on the idea of addressing the important issue of truth, justice and accountability through the creation of a truth commission at the parliamentary level. What happened during the previous military governments remains untouched. I believe this is crucial for the process of national reconciliation and to prevent future human rights violations by learning from the past. The Government has a responsibility in this regard, but this idea will take time to take hold and will be up to the people of Myanmar to develop. 

To conclude,

The reforms in Myanmar are continuing apace, which is a good sign for the improvement of the human rights situation in Myanmar. While this process of reform is continuing in the right direction, there are significant human rights shortcomings that remain unaddressed. I believe that as time passes it becomes more urgent to address these shortcomings before they become entrenched. 

Also, gaps remain between the reforms at the top, and the reality and implementation on the ground, which I appreciate will take time to close. While recognising the significance of the reforms that have taken place, the international community should also focus on the implementation of reforms. The steps that the Government is taking in this regard should be continued and expanded, such as human rights capacity development for police, army, judges and lawyers. 

I believe that the continuing existence of my mandate is relevant to help highlight the shortcomings and to help the government in implementing its reforms in line with international human rights standards. The mandate is also necessary to remind the international community of their important role in prioritising human rights when engaging in bilateral relations with Myanmar, including in business and investment relations.

I want to again thank the Government of Myanmar for its invitation and cooperation. I look forward to another visit to the country before my next report to the General Assembly in 2013. And I reaffirm my willingness to work constructively and cooperatively with Myanmar during this historic time to improve the human rights situation of its people. 

ENDS

Source: Veronica Pedrosa

UNHCR
January 11, 2013

This is a summary of what was said by UNHCR spokesperson Adrian Edwards – to whom quoted text may be attributed – at the press briefing, on 11 January 2013, at the Palais des Nations in Geneva. 

Growing numbers of people are risking their lives on smugglers' boats in the Bay of Bengal following the recent violence in Myanmar's Rakhine state and as frustration mounts over the lack of imminent solutions to their plight. 

Just one week into the new year, UNHCR has had reports that more than 2,000 people have left Myanmar's northern Rakhine state and Bangladesh on big boats run by smuggling rings. Their final destination is uncertain, although they are believed to be heading to other countries in South-east Asia. 

These most recent reports add to what is already thought to be a record number of people who have reportedly made the dangerous journey in recent months. In 2012, an estimated 13,000 people left from the Bay of Bengal on smugglers' boats. Among them are Muslims from Rakhine state, long-staying refugees in Bangladesh, and Bangladeshis. Most appear to be men travelling alone, but there are increasing numbers of women and children apparently among smuggled passengers – often an indicator of growing desperation and lack of prospects. 

At least 485 people are believed to have died or remain missing in four reported boat accidents in the Bay of Bengal last year. The real death toll could be much higher. It is hard to tell due to the clandestine nature of these irregular movements. 

There are unconfirmed reports in the media that smuggled passengers who make it to land are increasingly being detained by smugglers' networks on the Thailand-Malaysia border. The smugglers call their relatives in Bangladesh to demand money for the rest of the journey. If payment is not made, the passengers typically face being sold to trafficking networks as bonded labourers on fishing boats until they can pay off their debts. 

It is unclear how many actually make it to their final destinations, where they often risk arrest, detention and possible refoulement through deportation to Myanmar. UNHCR continues to seek access to individuals arriving by boat who are arrested and detained by government authorities. 

In Thailand, we have asked for access to newly-arrived people from Myanmar and are awaiting a response from the authorities. In Malaysia, UNHCR systematically requests and is typically granted access to individuals arriving by boat. Our office there is eventually able to secure their release from detention if they are deemed to be people of concern to UNHCR. 

UNHCR fears that more people could take the dangerous voyage from the Bay of Bengal, driven by desperation after inter-communal violence broke out in Rakhine state in June and October last year. Some 115,000 people remain displaced within the state. 

In neighbouring Bangladesh, there is also a growing sense of hopelessness among the refugees from Myanmar who have fled there since the early 1990s. Some 30,000 refugees are hosted in two official camps while a larger number of muslims from Rakhine state are living in squalid makeshift sites and among the local communities. 

This growing boatpeople crisis calls for regional approaches and solutions. UNHCR encourages the Government of Myanmar to intensify measures to address some of the main push factors. This includes the lack of sustainable development and the resulting widespread poverty, the lack of rights for an important part of the population and recognition of the economic interdependence of all communities in Rakhine state. 

At the same time, we urge countries in the region to maintain open borders and ensure humane treatment and access to UNHCR of people seeking asylum from Myanmar or elsewhere. UNHCR stands ready to support States in assisting people in need of international protection. 

UNHCR also appeals to shipmasters to continue the long tradition of rescue at sea for boats that are in distress. We applaud recent government actions to allow for the disembarkation of people rescued by commercial vessels in the Bay of Bengal and call upon all States in the region to act in a spirit of generosity and flexibility should similar situations arise in the future. 

In March, UNHCR will co-organize a regional roundtable on irregular maritime movements in the Asia-Pacific, bringing together governments, relevant organizations and other stakeholders to discuss practical regional approaches to the problem. We hope that this forum will serve as a launching pad for concrete actions by concerned States in the region, to enhance regional dialogue and improve responses to irregular maritime movements based on inter-State co-operation and coordination as well as burden and responsibility-sharing. Such actions could be implemented within the framework of a sub-regional arrangement under the Regional Cooperation Framework as endorsed at the 4th Bali Ministerial Conference on People Smuggling, Trafficking in Persons and related Transnational Crime.

On 24 December 2012 the United Nations General Assembly expressed serious concern over violence between Rohingya Muslims and Buddhists in Burma (Myanmar) and called upon the Government to address reports of human rights abuses by the authorities. 

The 193-nation General Assembly approved by consensus a non-binding resolution, which Burma said last month contained a “litany of sweeping allegations, accuracies of which have yet to be verified.” 

The UN General Assembly unanimously adopted the resolution “expressing particular concern about the situation of the Rohingya minority in Rakhine state, urges the government to take action to bring about an improvement in their situation and to protect all their human rights, including their right to a nationality.” 

The Burmese Government continues to refuse to recognize the Rohingya in breach of international law. The Government stated: “There has been no such ethnic group as Rohingya among the ethnic groups of Burma Despite this fact, the right to citizenship for any member or community has been and will never be denied if they are in line with the law of the land.” 

By continuing to persecute the Rohingya community in Burma and by refusing to afford basic rights to the Rohingya community the Burmese Government has demonstrated a refusal to adhere to international norms. 

BROUK President Tun Khin said: “We welcome the resolution that seeks to address the outbreak of violence on members of the Rohingya community in Burma and consider that this must be the first step in ensuring justice and accountability in Burma. But it has been more than 6 months thus far, there is no safety or security and the Rohingya continue to face the blocking of aid resulting in the spread of illness and disease. We urgently seek the deployment of UN Peacekeeping Forces and International Observers in Arakan to protect the Rohingya. Furthermore, we urge Member States of the United Nations Human Rights Council to place Burma on the agenda during the March session in Geneva with a view to adopting a resolution to establish an Independent Commission of Inquiry as a matter of priority.” 

Despite international outcries the Burmese government is seeking to use the oppressive legislation in the form of The Burma Citizenship Law of 1982 on the homeless Rohingya people whilst most of their documentation was destroyed during a spate of violence in the region. This serves as further intention of the Government to deceive the international community. 

BROUK calls upon the organs of the United Nations, following the adoption of the resolution, to bring an end to the campaign of ethnic cleansing on the ethnic Rohingyas and Kaman Muslim community in Arakan. 

BROUK calls upon the Office of the High Commissioner to recognize that the ongoing persecution of members of the Rohingya community is part of a widespread or systematic attack on the civilian population as part of a State or Organizational Policy and therefore constitutes a crime against humanity as defined under the Rome Statute of the International Criminal Court. 

For more information please contact Tun Khin +44 7888 714 866
Rt Hon Hugo Swire MP (Photo - British Embassy Rangoon)
British Embassy Rangoon
December 15, 2012

Foreign Office Minister Hugo Swire led a trade mission to Burma earlier this week. This is a transcript of the speech that was given by the Minister at the conclusion of his visit.

First of all I would like to thank the people of this beautiful country for the very warm welcome I have received here. I have been touched by their remarkable kindness and courtesy. 

In the past few days I have met leading ministers, civil society and business leaders who have been eager to share with me their aspirations for the future. 

With the Government I discussed a full range of issues. I welcomed their efforts on ethnic reconciliation, but registered my serious concerns about the ongoing situation in Kachin urging the government to take all necessary measures to stabilise conditions there and insure the safety of civilians. We continue to urge both sides to bring an end to the conflict.
I raised my serious concerns about the situation in Rakhine State, which I visited this morning, and where thousands of people have displaced by violent unrest. 

Earlier this afternoon I had the great honour to meet Daw Aung San Suu Kyi and spoke to her about the many challenges facing Burma, not least the ongoing conflict in Rakhine State. 

I share Daw Suu's concern about the situation having witnessed for myself the seriousness of the humanitarian situation. Conditions remain extremely worrying. I have visited the IDP camps and seen the thousands of people, crowded into tents, with little food or sanitation, and reliant on aid. It left me in no doubt that without urgent action this tragedy will continue to deepen for all concerned. We spoke about the work of her Parliamentary committee and its recent urging for greater security, humanitarian aid, accountability and respect for human rights. 

If I can deliver one message on behalf of the people I met at these camps it is that we need to see determination on all sides to bring an end to this conflict and reach a meaningful political solution. 

The British Government is already playing its part including working with trusted NGOs to deliver emergency water, sanitation and healthcare to over 58,000 people from both communities. While we are presently the single largest aid provider, much more needs to be done and we are working to rally international action. 

In terms of this country's broader progress, what everyone wants to see here is rapid development and consolidation of democracy. What does that mean? It means that the country operates under the rule of law with strengthened democratic institutions and with respect for human rights; it means greater trade and prosperity so that people are employed; and it means utilities and services from roads to railways, from accessible credit to clean water, and reliable electricity. 

To that end I led a trade mission here focusing on the power sector with the aim of helping this country meet its ambition of a tenfold increase in its energy generation over the next decade. This is the sort of responsible investment we need to see here. Modern energy infrastructure, developed we hope with British expertise, will mean that everyone will have access to electricity in their homes and that manufacturers will be able to invest with confidence and produce things people want to buy. I welcomed the government's commitment to responsible investment. 

I want to finish on a positive note. This is a beautiful country with lofty ambitions. 

Britain believes in Burma and the Burmese people. The best way we can help is not by ignoring its problems but by working together to tackle them. If we can do that then everyone will be able to enjoy the benefits of a free, developed, and prosperous nation.

 BROUK ADDRESSES ETHNIC CLEANSING ON ROHINGYA AT BRITISH PARLIAMENT

December 10, 2012

The President of the Burmese Rohingya Organization UK (BROUK), Tun Khin, presented evidence of the ethnic cleansing committed against Rohingyas in Arakan State at a meeting in the British Parliament today. The meeting was chaired by Baroness Kinnock, Chair of the All Party Parliamentary Group for Democracy in Burma, and focused on the current crisis in Arakan State, Burma. Baroness Uddin, Lord Nazir Ahmed, Friends of Burma, British NGOs and other activists attended at the Parliament

At the meeting Melanie Teff from Refugees International, Mabrur Ahmed from Restless Beings highlighted the issues facing by Rohingya refugees in Bangladesh, the 1982 Burmese citizenship law and the role that international actors should play to defend the human rights of the Rohingya. Phil Rees, Reporter and TV-producer – former foreign correspondent and senior producer at the BBC explained and shown” documentary “Hidden Genocide”.

Tun Khin told the parliamentary meeting that ethnic cleansing against Rohingyas is well planned by State government and Central government to eliminate Rohingyas of Arakan. Despite international outcries the Burmese government is trying to use the discriminatory “Burma Citizenship Law of 1982” to give the impression that they will provide citizenship to the Rohingya, but in fact they are putting in place requirements that the Rohingya people cannot meet, since most of their documents were burned in the recent violence. Tun Khin also highlighted Security Forces and Rakhines poured poison in many lakes of Buthidaung and Maungdaw. More than 10 Rohingyas were sentenced to jail 10 yrs and Government authorities not allowing to hire Lawyers for arrested Rohingyas.

BROUK received information from the ground that more than 300,000 Rohingya are trapped in their homes and villages, unable to go to clinic, school or buy food because of ongoing attacks and threats against them. BROUK is already receiving reports of babies dying from malnutrition. The Burmese Government is implementing her own ethnic cleansing policy, using starvation instead of bullets to kill Rohingya men, women and children. There is no safety and security for Rohingyas in Arakan. Rohingyas in Arakan are still in danger and anytime could face attacks from security forces and Rakhine.

President Thein Sein’s government is failing to protect its Rohingya population the “responsibility to protect” them or the duty to prevent and halt mass atrocities, now lies with the international community. President of Burmese Rohingya Organisation UK Tun Khin urged UK government and international community to do the following;

1. Put pressure on the Burmese government to stop all violence and intimidation against the Rohingya and to resettle Rohingya IDPs to their origin.

2. Support sending a UN Peacekeeping Force and international observers to Arakan State.

3. Ensure unhindered delivery of humanitarian aid to the victims.

4. Support the establishment of a UN Commission of Inquiry in order to establish the true facts and bring those responsible to justice.

5. Put pressure on the government of Burma to repeal and replace the 1982 Burma Citizenship Law with a law in line with international law standards and human rights principles.

For more information, please contact Tun Khin +44 7888 714 866.

To, 

Achariya Professor J Simmer Brown 
Dr. AT Ariyaratne 
Ven. Ajahn Amaro Mahathera 
Ven. Arjia Rinpoche VIII 
Ven. Bhikkhu Bodhi 
Ven. Chao Khun Raja Sumedhajahn 
Ven. Phra Paisal Visalo 
Ven. Shodo Harada Roshi 
Ven. Thich Nhat Hanh 
Ven. Hozan A Senauke 
Younge Khachab Rinpoche VIII 
Ven. Sr. Thich Nu Chan Kong 
Dr. Jack Kornfield Vipassana Achariya 
Lama Surya Das 
Ven. Zoketsu N. Fischer Soto Roshi 
Tulku Sherdor Rinpoche 
Professor Robert Tenzin C. Thurman 
HH the XIV Dalai Lama 

ROHINGYA COMMUNITY WELCOMES THE INITIATIVES OF WORLD BUDDHIST LEADERS TO END THE VIOLENCE AGAINST ROHINGYAS AND OTHER MUSLIMS IN BURMA 

We, European Rohingya Council (ERC), on behalf of the whole Rohingya Community, would like to extends heartfelt thanks to the World Buddhist Leaders for the initiative and suggestions they have made to end the decades-long persecutions and months-long violence against Rohingyas and other Muslim communities in Arakan State, Burma(Myanmar). 

In fact, Buddhism centers on promoting peace universally. Its teaching is based on the moral percepts of refraining from killing and causing harm, on compassion and mutual care and its teaching offers respect to all, regardless of class, caste, race or creed. So, Buddhism is without any doubt a non-violent religion. 

However, in Burma, the way many Monks and Buddhists are behaving and committing violence against the different people especially Rohingyas is demeaning to Buddhism. As a result of tyrannical rulers’ decades-long conspiracy to Divide and Rule, racism and xenophobia has deep-rooted in the hearts of majority Burmese. As a result, sadly, even the Monks, Scholars and Human Rights Activists seem unable to escape the trap of ultra-nationalism, bigotry and delusion. 

Burmese Regime, some extremists and ultranationalists and some self-interested groups have systematically plotted the violence against Rohingyas that started on 8th June 2012 for their respective gains. Despite the massive violence against Rohingyas and other Muslims in Arakan that have created unimaginable human tragedy, we still wish and are ready to live together with Rakhines and others, in the name of “A Peaceful Co-Existence.” 

With a view to achieving “A Peaceful Co-Existence and Communal Reconciliation” it has become necessary to hold dialogues on reconciliation and national level meetings. We feel the World Buddhist Leaders are really influential in Burma because no matter what, Burmese Buddhists carry a long and profound history of upholding the Dharma. Therefore, we request to the World Buddhist Leaders to take all possible steps towards holding such dialogues and meetings.

Sincerely,

Chairman
European Rohingya Council

Tricycle
December 5, 2012

In response to the recent ethnic violence against Muslims in Burma's Rakhine state, which has often been supported and perpetuated by the area's Buddhists, international Buddhist leaders have produced this statement, due to be published in Burmese newspapers this week:

To Our Brother and Sister Buddhists in Myanmar,

As world Buddhist leaders we send our lovingkindess and concern for the difficulties the people of Myanmar are faced with at this time. While it is a time of great positive change in Myanmar we are concerned about the growing ethnic violence and the targeting of Muslims in Rakhine State and the violence against Muslims and others across the country. The Burmese are a noble people, and Burmese Buddhists carry a long and profound history of upholding the Dharma.

We wish to reaffirm to the world and to support you in practicing the most fundamental Buddhist principles of non-harming, mutual respect and compassion.

These fundamental principles taught by the Buddha are at the core of Buddhist practice:

Buddhist teaching is based on the precepts of refraining from killing and causing harm.
Buddhist teaching is based on compassion and mutual care.
Buddhist teaching offers respect to all, regardless of class, caste, race or creed.

We are with you for courageously standing up for these Buddhist principles even when others would demonize or harm Muslims or other ethnic groups. It is only through mutual respect, harmony and tolerance that Myanmar can become a modern great nation benefiting all her people and a shining example to the world.

Whether you are a Sayadaw or young monk or nun, or whether you are a lay Buddhist, please, speak out, stand up, reaffirm these Buddhist truths, and support all in Myanmar with the compassion, dignity and respect offered by the Buddha.

We stand with you in the Dharma,

Ven. Thich Nhat Hanh
Nobel Peace Prize Nominee
Vietnam

Ven. Bhikkhu Bodhi
President Buddhist Global Relief
(world's foremost translator of the Pali Canon)
Sri Lanka/USA

Dr. AT Ariyaratne
Founder Nationwide Sarvodaya Movement
Ghandi Peace Prize Laureate
Sri Lanka

Ven. Chao Khun Raja Sumedhajahn
Elder, Ajahn Chah Monasteries
Wat Ratanavan, Thailand

Ven. Phra Paisal Visalo
Chair Buddhika Network Buddhism and Society
Thailand

Ven. Arjia Rinpoche VIII
Abbot Tibetan Mongolian Cultural Center
Mongolia/USA

Ven. Shodo Harada Roshi
Abbot Sogenji Rinzai Zen Monastery
Japan

Achariya Professor J Simmer Brown
Chairperson Buddhist Studies
Naropa Buddhist University
USA

Ven. Ajahn Amaro Mahathera
Abbot Amaravati Vihara
England

Ven. Hozan A Senauke
International Network of Engaged Buddhists
Worldwide

Younge Khachab Rinpoche VIII
Abbot Younge Drodul Ling
Canada

Ven. Sr. Thich Nu Chan Kong
President Plum Village Zen temples
France/Vietnam

Dr. Jack Kornfield Vipassana Achariya
Convener Western Buddhist Teachers Council
USA

Lama Surya Das
Dzogchen Foundation International
Vajrayana Tibet/USA

Ven. Zoketsu N. Fischer Soto Roshi
Fmr. Abbot largest Zen community in the West
USA/Japan

Tulku Sherdor Rinpoche
Director BI. Wisdom Institute
Canada

Professor Robert Tenzin C. Thurman
Center for Buddhist Studies
Columbia University
USA

HH the XIV Dalai Lama
Nobel Laureate
Tibet/India

Though not able to be reached in time to sign this letter, HH the Dalai Lama has publicly and repeatedly stated his concern about the Rohingya Muslims in Myanmar. He urges everyone to continue to practice non-violence and retain the religious harmony that is central to our ancient and revered culture.
BURMESE ROHINGYA AMERICAN FRIENDSHIP ASSOCIATION (BRAFA) 
4818 South 14th Street, Milwaukee Wisconsin 53221, USA 
Tel: (414) 736 4273, (414) 306 1751, Fax: (414) 817 0656 
             E-mail: contactinfo.brafa@yahoo.com, http://www.brafausa.blogspot.com/

Ref: BRAFA 02/12
Date: November 30, 2012

Announcement of the Burmese Rohingya American Friendship Association

With pleasure, we, the members of Burmese Rohingya American Friendship Association (BRAFA) are very pleased to announce the formation of BRAFA formed on the date of September 01, 2012 by the Rohingya American and residents in Milwaukee, Wisconsin State after extensive consultation and discussion among the Rohingya members to advocate the cause of UN documented the most persecuted ethnic Rohingya minority people of the world as well as to draw world-public opinion in favor of the Rohingyas’ rights to survive as equal Burmese citizens with dignity and honor in their homeland of Arakan-Burma.

On the basis of new development, the United States of America is now engaged to establishing a strong relationship with Burma after easing all sanctions from Burma which is also known as Myanmar. The American government has already established full diplomatic relation with Burma too. So, American people should know about Burma, its people and current situation.

In Burma there seem amazing changes and it is opening to the world after many years of isolation but in a remote corner of Burma, in the North-western region known as Arakan for centuries which name was changed to Rakhine State in 1974 by the previous Burmese military government, there lives a people known as Rohingya, an indigenous and native people of old Arakan Kingdom. They are being identified as Burmese Rohingya as now Arakan is a part of Burma.

The people of America and Burma know very little about the Rohingya people. Interaction between the two countries has not been at the people’s level, but it has been very largely limited to each other’s government. The need to open a channel for people to people interaction between the people of USA and Rohingya people of Burma gave birth to the “Burmese Rohingya American Friendship Association (BRAFA)” in a general meeting held on the date of September 01, 2012 in Milwaukee, Wisconsin State with the initiative and active participation of Burma and Rohingya origin US citizens and residence.

Mission Statement

The mission of the BRAFA is to work with the United States Government, particularly with the United States Senate, House of Representatives, and the States Department to facilitate the legislative and the Burmese Rohingyas’ policy-issues.

The BRAFA shall implement projects for Rohingya refugees, immigrants, and residents in the United States in the field of education, professional development sectors, social welfare, cultural and community development so as to promote the friendship and harmony between the people of USA and entire ethnic Burmese nationalities in particular, the Burmese Rohingya people of Arakan State who are the victims of controlled genocide and inhuman atrocities.

Aims and Objectives of BRAFA

1- To promote values of democracy, human rights, equality, justice and freedom, and strive for peace in Arakan-Burma and the world,

2- To create awareness in both countries (USA and Burma) about common issues, building mutual trust and common opinion on the rights of self-determination in order to strengthen friendship towards strong solidarity in stopping human rights abuses, inhuman atrocities, racial discrimination, genocide and ethnic cleansing against the Rohingyas in Burma,

3- To work together with all concerned quarters for the restoration of Rohingyas fundamental human rights in Arakan-Burma through democratic and peaceful means by organizing needful programs and events to create awareness on the suffering of Rohingya people and finding a durable political and humanitarian solution for them,

4- To cooperate with all concerned quarters especially, the Burmese Rohingya institutions working for the same aims and objectives of BRAFA with respect and honor,

5- To advocate the cause of world most persecuted Rohingya minority people and draw world-public opinion in favor of the Rohingyas’ rights to survive as equal Burmese citizens with dignity and respect in their homeland of Arakan-Burma,

6- To enhance particularly, strategic planning and policy in spirits of peace and stability throughout circumstantial initiatives,

7- Maintain communications with US government, local and international NGOs, civil societies and communities, human rights organizations world-wide including the United Nations regarding the plights of Rohingya people,

The Burmese Rohingya American Friendship Association (BRAFA) has been functioning since the date of formation with the elected office bearers and members of the following Executive Committee. The Executive Committee members are elected for a term of 4-year period.

Advisory Council

(1) Dr. Shaik Sayeed (Medical Doctor & ISM Board Member)
(2) Sheikh Ziad Hamdan (Imam & Member of Islamic Society of Milwaukee-ISM)
(3) Bro. Salah Sarsour (ISM Religious Chairman & Head of MAS Milwaukee Chapter)
(4) Bro. Will Perry (Executive Director of Islamic Dawah Center)
(5) Bro. Mohamed Sandid (ISM Board Member)
(6) Bro. Jamal M. Amro (Director of Dura Services)
(7) Bro. Hashim Zaibak, Pharm.D. ( HAYAT-Pharmacy Manager)

Executive Committee

1- Shaukhat Kyaw Soe Aung @ MSK Jilani (Chairman)
2- Hussain Saifulla (Vice-Chairman)
3- Max Zubair Ahmad (General Secretary)
4- Ali Hussein Shakur (Office Secretary)
5- Har Jee (Finance Secretary)
6- Maung Maung Ya Min (Audit Secretary)
7- Ga Ni (Management Secretary)
8- Khaing Hla Myint (Human Rights & Refugee Affairs Secretary)
9- Harun Rashid (Public Relation & Empowerment Secretary)
10- Maung Tue @ Kamal Hussain (Media, information & Publication Secretary)
11- Ar Lee (Organizing Secretary)
12- Era Sam (Member)
13- Ah Jee (Member)
14- Ja La (Member)
15- Ayu Khan (Member)
16- Kyaw Maung (Member)
17- Mohamad Ayub (Member)
18- Nuru Islam (Member)
19- Hla Win Hasan (Member)
20- Noor Alam (Member)
21- Maung Tin (Member)
22- Rahmat Ullah (Member)
23- Aung Kyi (Member)
24- Ka Sem (Member)
25- Min Thu Naing @ Mohamed Rafiq (Member)
26- Mohamed Hafiz @ Maung Shwe Hla (Member)
27- Mohamad Yosuf (Member)

Family and Children’s Affairs

1- Sr. Mi Cho
2- Sr. Swa Bay Da
3- Sr. Ma Rasul Bi
4- Sr. A Ti


With Best Wishes and Regards,
The Executive Committee
Burmese Rohingya American Friendship Association (BRAFA)
Milwaukee, Wisconsin State
Contact Information: (1) Shaukhat @ MSK Jilani (Tel: 414-736 4273), (2) Max Zubair (Tel: 414-306 1752)


A school for Rohingya kids without a building in Myanmar (Photo - IHH Turkey)
Phuket Wan
November 29, 2012

PHUKET: An alarming report from Dan Rivers of CNN this week said in summary: ''We have come to Rahkine state in Burma (Myanmar) to report on the latest threat to the Rohingya. What we have found is shocking. 

''I was expecting the displaced persons camps to be grim - but I wasn't prepared to see children starving to death. This isn't journalistic hyperbole. Thousands of kids are starving to death.''

Concerns about children dying in camps come as ethnic cleansing in Burma forces teenage boys and men to take to the sea in barely seaworth vessels to sail past Phuket seeking sanctuary.

The nightmare of malnutrition, deaths at sea and possibly genocide is taking place on what, in a small world, can be categorised as Phuket's doorstep. 

NOW this media release comes from UNICEF:

UNICEF scales-up response, calls for stronger combat against child malnutrition in Rakhine State


Rakhine State - While precise information about nutrition levels in Rakhine State is still difficult to obtain, UNICEF is very concerned about the extent and severity of child malnutrition, which has been exacerbated by the ongoing conflict.

Child nutrition levels were not good prior to the outbreak of the Rakhine conflict in June, and subsequent population displacement and the security situation has hampered access to affected children.

UNICEF is scaling up its ongoing efforts to reach children across ethnic lines in need with life-saving nutrition interventions.

''We are working with the government and other partners for unabated access and for additional funding to address the key issue of child malnutrition in the Rakhine state to reverse the risk faced by the children affected by conflict,'' said UNICEF Representative Bertrand Bainvel.

On November 20, the UN Humanitarian Coordinator in Burma has launched an additional US$41 million Revised Response Plan for Rakhine. The Revised Plan will support urgent humanitarian aid to 115,000 internally displaced persons, living in camps with little or no access to basic services, up till June 2013.

A joint rapid nutrition assessment, carried out in Sittwe in early July indicated a 23.4 percent prevalence of Global and 7.5 percent of Severe Acute Malnutrition in the locations where displaced people are congregated. 

Findings indicated that some 2000 acutely malnourished children were facing a high risk of mortality, with 650 of these children in a severe condition and in urgent need of therapeutic feeding, and an additional nearly 9000 children in need of micronutrient supplements. 

A further 2500 children were likely to develop acute malnutrition if adequate food, healthcare and water and sanitation was not provided.

UNICEF has been working with the Government and partners to examine the nutritional status of children in Sittwe, both to confirm the initial estimates of the severity of the situation and to ensure that those in need receive help as a matter of priority. 

In late October, of 4066 children examined using the Middle and Upper Arm Circumference (MUAC) measurement screening method, 413 were found to be severely acute malnourished and 649 moderately malnourished. 

All these children were treated but they require ongoing nutritional support and UNICEF expects there are more children in similar situations that have not yet been identified and reached.

In response to the situation, UNICEF, through the State Health Department, provided Ready-to-Use Therapeutic Food and supplementary food for 6-59 months old children along with micronutrient supplements and continued to promote young child feeding practices including breastfeeding and complementary feeding.

At the point when the second outbreak of unrest broke out in Rakhine in October, expert estimates suggested around 2900 acutely malnourished children were at high risk of mortality; 930 of these children were in severe condition that required therapeutic feeding and some 2000 children were suffering from Moderate Acute Malnutrition and in need of supplementary feeding. 

A further 12,000 children aged 6-59 months old and some 5,400 pregnant and lactating women were in need of micronutrient supplementation. Some challenges in terms of access still exist, with 29 percent of IDP population still unreachable by partners as of October.

More resources are urgently needed to continue and strengthen the nutrition response including for assessments, case identification, referral, monitoring and surveillance. 

Therapeutic feeding must be provided urgently to save the lives of 930 severely acute malnourished children identified thus far and urgent supplementary feeding is needed for the 2000 moderately malnourished children is essential to stop them from falling into severe acute malnutrition. 

Micronutrient supplement must be provided to a further 5400 pregnant and lactating women and 12,400 under-five children to avoid serious malnutrition deficiency and the risk of consequent mortality.

The various organisations working to provide nutrition aid estimate that to respond to the need of a total of 115,000 IDPs for one year, total funding of some US$1.28 million is required . With around $400,000 already secured by partners, the immediate nutrition funding gap is $880,000.

Over the past decades UNICEF adopted a community-based nutrition intervention approach to address persistent child malnutrition in Rakhine, the second poorest state in Myanmar, in the host communities as well as in the displaced population. 

The already vulnerable situation was exacerbated by ethnic conflict that started in June this year.

UNICEF is committed to supporting the health, education, protection rights and prospects of all children in Rakhine State and across Myanmar, based on its humanitarian principles of neutrality and impartiality.

About UNICEF


UNICEF works in 190 countries and territories to help children survive and thrive, from early childhood through adolescence. The world's largest provider of vaccines for developing countries, UNICEF supports child health and nutrition, good water and sanitation, quality basic education for all boys and girls, and the protection of children from violence, exploitation, and AIDS. UNICEF is funded entirely by the voluntary contributions of individuals, businesses, foundations and governments. 

For more information about UNICEF and its work visit: www.unicef.org

    • Rohingya Exodus