Date: 19 February 2013 

BROUK Welcomes Statement of Tomás Ojea Quintana and Urges International Community to Take Immediate Action 

On 16 February 2013, following a five-day mission to Burma, UN Special Rapporteur on Human Rights Tomás Ojea Quintana expressed his concern about the "profound crisis" in Arakan state. 

He highlighted the lack of adequate health care in the larger Rohingya Muslim camps in Arakan State and that the 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. Quintana said that Taung Paw camp in Myaybon Township "felt more like a prison than a camp". 

He also warned that IDP camps "cannot become permanent settlements, and if necessary the government needs to allocate land" for the Rohingya communities. This is particularly urgent with the coming rainy season in May, which will flood many of these camps. He said that "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." 

BROUK welcomes Quintana's call for Parliament to amend the 1982 Citizenship Act "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," and that " 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." 

He was also concerned by the situation in Buthidaung prison in northern Rakhine State, after receiving serious allegations that Muslim prisoners have been tortured and beaten to death. 

He also raised the case of Dr. Tun Aung, who he regards as a prisoner of conscience who must be released immediately. He said that "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." 

BROUK President Tun Khin said, “We welcome Quintana's statement as we have repeatedly called for the international community to take action on these serious human rights abuses and violations. We urge US, UK, EU and ASEAN countries to take immediate action in line with Quintana's recommendations regarding the Rohingya situation in Arakan state. We also 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.” 

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

Press TV

February 18, 2013

An Iranian lawmaker has denounced the Western countries’ inaction vis-à-vis the ongoing violation of human rights in Myanmar, saying the West’s silence ahs intensified the killing of Muslims in the Southeast Asian country.

“The West’s double standards in its alleged struggle against violation of human rights and defense for human dignity make it react to the execution of a criminal and press charges against an independent country, but when such crimes are committed by Western-backed governments on a large scale, no reaction - even from international bodies - is seen,” a member of Iran Majlis Committee on National Security and Foreign Policy Hossein Sobhani-Nia said on Monday. 

The lawmaker added that the death of innocent Muslims in Myanmar is a clear example of the violation of minorities’ rights, stressing that a firm international determination is required to counter crimes against humanity.

On Saturday, the United Nations expressed concern over rights abuses by the government of Myanmar, calling for an end to discrimination against ethnic and religious groups in the country. 

Tomas Ojea Quintana, the UN special rapporteur on rights in Myanmar, said in a press conference that the use of excessive force by Myanmar’s government against local communities and ethnic groups worried the UN. 

The persecuted Muslim minority has faced torture, neglect, and repression in Myanmar since the country achieved independence in 1948. 

The Iranian legislator further said that the West’s dual policies have also given rise to a tragedy in the Middle East. 

Any time terrorists, backed by Western powers, commit crimes in Syria, Iraq, Pakistan and Afghanistan, the West stays put in an implicit endorsement of the crimes.

Ranga Sirilal and Shihar Aneez

Reuters

February 18, 2013

Melissa Darlyne Chow & Balvin Kaur

New Straits Times

February 18, 2013

BALIK PULAU: Some 140 Rohingya refugees starved for three days, before 35 of them, including children, were arrested in the jungle of the Penang National Park today. 

Aged between a year old to 70s, they were arrested about 3pm after they were found loitering around the Teluk Kampi beach, and are believed to have entered the country's waters by using a barge 13 days ago. 

When met, one of the refugees, Mohamad Rovic, 26, said they had to get off the boat and wander around for shelter, with some having run away into the woods. 

He said there were those who went hungry for three days due to fear of being arrested by the authorities. 

"I came here to find my brothers who have been working here for a while. I don't want to go back home as it feels much safer here and I also want to find a job," he said. 

Meanwhile, Southwest district police chief Superintendent Mohd Hatta Mohd Zin confirmed their arrests and said police were now searching intensively for the others. 

He said operations are still ongoing and those detained were brought to the district police headquarters for further checks before being handed over to the Immigration Department. 

He added that police were also assisted by the Wildlife Protection and National Parks Department (Perhilitan) as well as the Malaysian Maritime Enforcement Agency (MMEA). 

"For the time being the operations at the park are ceasing until the remaining Rohingyas are found," he said.

A large chunk of Abdul Rahman’s home is gone, and so is his oldest son, Shakur. The ethnic Rohingya farmer tore down nearly half his home for scrap needed to secure his son’s passage on a boat bound for Malaysia. In the wake of bloody sectarian violence last year that left hundreds dead and forced tens of thousands of minority Muslim Rohingya into camps outside the coastal city of Sittwe, Rahman, 52, insists his people are being “strangled” by a Burmese government that does not want them. While foreign donors have supplied basic food rations, checkpoints manned by armed guards prevent the displaced from returning to the paddies and markets their livelihoods depend on. “Even animals can move more freely,” says Rahman.

These days, more and more Rohingya are betting what little they still have on a dangerous journey at sea. Community leaders and boatmen involved in the exodus say the volume of passengers is unprecedented because of enduring tensions and a total lack of mobility inside Burma, also known as Myanmar, where the Rohingya have faced decades of discrimination and neglect. The growing sense of despair is borne out by the roughly 1,800 refugees who washed up in Thailand in January. And they keep arriving, on overloaded boats without navigational equipment, despite a voyage that can take up to two weeks. If they’re lucky: of the 13,000 mostly Rohingya Muslims who fled Myanmar and Bangladesh last year, the U.N. says at least 485 were known to have drowned.

“Now there is just one choice left for us: go and live with other Muslims,” says Sayed Alam, 20, an unemployed shop worker, as he prepared to leave Sittwe, the state capital, with two friends. “There is so much fear in this place.”

The plight of Burma’s Rohingya minority continues to cast a pall on its transition to democracy. Called one of the most-persecuted minorities in the world, the Rohingya are considered illegal immigrants from Bangladesh and denied citizenship though many families have lived in the country for generations. Last June, their woes intensified after reports that an Arakanese Buddhist woman was raped by three Rohingya men set off a wave of communal clashes. Mobs of Buddhists and Muslims rampaged through villages with swords and rods, burning homes and beheading victims. In a damning report, Human Rights Watch alleged that Burmese security forces committed killings, rape and mass arrests against Rohingya Muslims after failing to protect them and Arakanese Buddhists during the riots.

Eight months on, pockets of Rohingya that remain in rural Arakan state are in serious trouble. Doctors Without Borders (MSF) announced in early February that its field teams continued to face hostile threats from Arakanese leaders and state forces that forced them to cut back medical care. Moreover, the aid agency warned of a brewing “humanitarian emergency” in the heavily restricted camps around Sittwe. Burmese officials claim the camps are necessary to shield the Rohingya population from further harm, but MSF says that acute malnutrition, skin infections and other ailments caused by poor sanitation are on the rise, especially among those uprooted by a second spasm of violence in October and now live on the margins of established camps.

“My children are sick, they are hungry,” says Halima, 30, a pregnant mother of five who arrived in late October and lives in a straw hut on a dusty plain. She cooked a pot of rice over a dung fire — the family’s only meal of the day. Her children wandered half-naked, their bellies swollen with hunger, in view of a food depot where residents of a formal camp collected rations of rice, beans and palm oil. Because Halima and her family were not directly affected by the violence, they are not registered as “displaced” people, and therefore ineligible for foreign aid. This explains the absence of her husband. “He is away looking for more food,” she says. “We must have something for tomorrow.”

While aid officials and activists debate how many are without assistance, the urgent problems posed by the Rohingya’s near-total lack of mobility are clear. Denied access to farmlands and town markets, able-bodied men are unable to earn any money as day laborers, leaving them fully dependent on aid, explains Carlos Veloso, country director for the U.N. World Food Program in Burma. This is problematic, he points out, since the international donors currently needed to feed legions of displaced (and must renew funding due to expire in April) don’t want to create permanent settlements.

Faced with stagnant conditions inside the camps and insecurity everywhere else, greater numbers are taking their chances on the open sea. Mohdi Kasim, a prominent Rohingya community leader living in one of the camps, described how his neighbor, a veteran police officer, showed up at his door earlier in the morning in tears asking for money to help cover his boat fare. Both of his sons had already left. According to Idriss, 35, a Rohingya boat builder with gold rings on his fingers, two to three vessels are leaving the Sittwe area every night, often packed with over 100 passengers. “We tell the people it’s not safe, but they insist on going,” he says. “They are suffering so much here.”

But the risks do not end off the water. In January, more than 800 Rohingya were rescued in raids against human-trafficking networks across southern Thailand, according to Thai media reports. An army colonel and another high-ranking officer are under investigation for suspected involvement, as well as a local politician. Abdul Kalam, a Rohingya activist based in Thailand, took part in a Jan. 10 raid on a remote compound in Songkhla province where about 300 refugees were being held. Brokers were demanding more than $2,000 to smuggle them into Malaysia. Several Rohingya were among the men arrested.

The Thai government has agreed to let the refugees stay for six months before they are repatriated or sent to third countries. (Malaysia, for its part, has been receptive to those who reach its shores.) In the meantime, new arrivals are being held in detainment centers, unable to make phone calls home to those they left behind. Kalam is hopeful that the U.N. refugee agency and international pressure will move the Thais to grant Rohingya amnesty. A return to Burma, he adds, is out of the question. “So many people told me, ‘If you’re going to send me back to [Burma], you should kill me now instead.’”

Abdul Rahman, the farmer, counts his son as “one of the lucky ones.” Less than two weeks after his departure, he received a phone call from Malaysia that he’d made the crossing successfully and was looking for work. Another of his sons will soon follow, he says, meaning more money had to be raised. Standing in front of what’s left of his home, he reflected on what else he could sell.

— Motlagh reported with a grant from the Pulitzer Center on Crisis Reporting

Mizzima News
February 18, 2013

The United Nations Special Rapporteur to Myanmar, Tomás Ojea Quintana, says that the use of excessive force by Myanmar’s government forces against local communities and ethnic groups was worrying to the UN. 

Speaking at a press conference at Yangon International Airport before leaving the country on Saturday, Quintana said nearly 120,000 people are now living in camps in Rakhine State with a lack of adequate healthcare, and noted that conditions were worse in camps sheltering Rohingyas and other Muslims.

The UN official said harassment of medical staff by Buddhist extremists in Rakhine State was one of the reasons behind the poor healthcare. 

The government needs to address the problem of freedom of movement in the camps, Quintana stated, adding that one of the camps “felt more like a prison than a camp.”

AFP

February 16, 2013

Sri Lanka's navy on Saturday rescued 38 Myanmar nationals who were drifting off the island's east coast, the second batch of boatpeople to be saved in as many weeks, officials said. 

Sri Lankan naval craft responding to a distress call plucked the 38 people from a rickety boat drifting about 250 miles (400 kilometres) off the east coast, a navy official said. 

Four of the rescued passengers required treatment for dehydration and they were being brought to the southern port of Galle, he said. 

"Four people required medical attention and are out of danger," the navy official, who asked not to be named, said. "They will reach shore by tomorrow (Sunday)." 

It is the second time in less than two weeks the navy has gone to help a crippled foreign boat. 

On February 3, the navy rescued 138 Bangladeshi and Myanmar nationals from a sinking boat. One of the passengers in that boat had died before help reached. 

Officials said it was unclear if those identified as Myanmar nationals were Rohingya -- members of a stateless Muslim minority described by the UN as one of the world's most persecuted groups -- who had fled Myanmar. 

An explosion of tensions between Buddhist and Muslim communities in Myanmar's western state of Rakhine since June 2012 has triggered a seaborne exodus of Rohingya. 

Thailand's navy blocked more than 200 Rohingya boatpeople from entering the kingdom late last month as part of a new policy under which they will be given food and water but barred from landing if their boat is seaworthy.

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

Bangkok Post

February 16, 2013

The United States should play a key role in negotiating with Myanmar to take back thousands of Rohingya migrants who are being sheltered in several provinces of Thailand, a seminar was told yesterday. 

Col Teeranan Nandhakwang, deputy director of the Strategic and Security Affairs Division at Royal Thai Armed Forces, said Thailand should ask the US to help negotiate with the Myanmar government to move Rohingya migrants back to the country. 

Col Teeranan was speaking at the seminar titled "Rohingya: Testing for Asean" held by the Institute of Asean Studies of Chulalongkorn University. 

He said Thailand cannot pressure Myanmar to accept the Rohingya migrants as a lot of Thai businesses are currently investing there. 

But he believed the country can ask for help from the US, which wants to play a role in this region, he said. 

"Myanmar is opening up its country and wants to counterbalance the power with China while the US wants to return to Myanmar," Col Teeranan said. 

"Using the US to talk with Myanmar might help convince the latter to accept the Rohingya people." 

Thailand could work in parallel with the US by acting as a coordinator to hold meetings with other Asean member countries to resolve the problem, he said. 

The Immigration Bureau's Sub-Division 3 chief Anucha Kitivipart said 1,772 Rohingya migrants had been found entering southern Thailand illegally between Jan 9 and Wednesday. 

Pol Col Anucha said as shelters in Songkhla were crowded, some Rohingya migrants had been moved to Trat, Ubon Ratchathani, Nong Khai, Mukdahan and Kanchanaburi. 

In Kanchanaburi, police have taken 16 Rohingya men to a hospital in Muang district after they complained of stomach pains after breakfast yesterday. 

Phaholpolpayuhasaena Hospital director Somjate Laoluekiat said the patients had a mild stomach ache and suggested the cause might be food poisoning. 

Pol Lt Col Artorn Wongjaikuer, deputy chief of Kanchanaburi's Immigrant Bureau, said 150 Rohingya people ate the same food and only 16 of them got sick. He said if it was because of the food, the number of sick should be higher.

KANCHANABURI - Police have taken 16 Rohingya men to hospital after they suddenly developed stomach pains after breakfast on Friday.

Somjate Laoluekiat, director of Phaholpolpayuhasaena Hospital, said the patients had mild stomach aches and suggested that the cause might be from food poisoning.

Pol Lt Col Artorn Wongjaikuer, deputy superintendent of the Kanchanaburi Immigration Bureau, said that 150 Rohingya people ate the same food but only 16 of them got sick.

He said that if the illness had been because of the food, then the number of sick people should be higher.

However, he noticed that not all the illegal migrants ate with the utensils provided, using their hands instead, so they might have picked up some bacteria that caused stomach problems.

The patients will undergo further medical examinations, and the meals that the migrants consumed will also be investigated, Dr Somjate said.

According to the Immigration Police Bureau, 1,772 Rohingya have been found to have entered Thailand illegally from Jan 9 to Feb 13. Most of them are believed to come from Myanmar.

Thailand is sheltering them as illegal migrants, mostly in the southern provinces and other places including Kanchanaburi.

However, authorities have said the country will only commit to care for the Rohingya for six months, and they are hoping to work out a solution with the UN and/or other countries including Myanmar.

M.S. Anwar 

RB News 

February 15, 2013 

Maung Daw, Arakan - The forced registration of Rohingyas as Bengali has been resumed in the village of Khala Defa and its surrounding villages, the northern most part of Maung Daw Tsp. Today, the NaSaKa (border security force) forced around 200 Rohingya families to sign them as Bengali. 

“This forced registration of Rohingyas as Bengali was ceased after the costly defiance from Rohingya community and the international condemnations. Instead, since then, the authority (i.e. NaSaKa) has been carrying out an operation like their regular and decades-long operations on Rohingya populations. But it was all to lessen the pressures upon them. 

No sooner were the regular operations against Rohingyas coming to the end than the forced registrations as Bengali were resumed. The so-registration is with the clear intention of the wiping out an identity of a people, Rohingya. Till date, around 200 Families were forced to sign and registered as Bengalis. All the finger-prints (all those of legs and hands) are being taken by means of the computerized bio-metric system. Threats to lives are being posed to those who refuse to sign” said a villager on the condition of anonymity. 

On the other hand, according to some reliable inside reports, Rakhine extremists and terrorists are now planning to wipe out most of Rohingyas from Arakan right before Thin-Gyan (the Water Festival of Buddhists in April). That’s why Dr. Aye Maung, the chairman of Rakhine National Development Party (RNDP) and the one of the main culprits behind the Rohingya Genocide, has recently said in the parliament that there could be possibilities of resuming violence in Arakan for the third time.

Soe Min 

RB News 

February 15, 2013 

QS Madani 

RB News 

February 15, 2013 

(Edited by Anwar Arakni) 

Buthidaung: Myanmar Military continues to extort huge amounts of money from Rohingyas under various fabricated cases. The Military personnel from battalion (322) have extorted much money from the Rohingyas in Tat Min Chaung Village Tract, Buthidaung Township under various accusations. 

The following victims are accused of going to Bangladesh. 

(1) Ameenullah s/o Mohammed Saeed (paid Kyats 50,000) 

(2) Molvi Aktar s/o Hameedur Rahman (paid Kyats 100,000) 

The following victims are accused of possessing mobile phone. 

(1) Mohammed Tayub s/o Laloo (paid Kyats 20,000) 

(2) Anas s/o Ayub (paid Kyats 100,000) 

(3) Masum s/o Abu Siddique (paid Kyats 400,000) 

(4) Hares s/o Zakaria (paid Kyats 50,000) 

The following victims are accused of human trafficking to Malaysia. 

(1) Abul Kasem s/o Fayaz (paid Kyats 500,000) 

(2) Mahbub Rahman s/o (paid Kyats 100,000) 

Under the accusation of torching the straw in the paddy field Yaseen s/o Mohammed Siddique was extorted Kyats 100,000 and made him to weed-out two acres of land as an added penalty. And Ayub s/o Abdul Hakeem was accused of helping a girl in marriage with a youth illegally, and was penalized Kyats 10,000. 

Min Bya: Four Rohingya youths from Lamboissar Village Tract, Min Bya Township, went to the market to buy some betel leaves on February 11, 2013. On the way, upon coming across with Rakhine extremists, they were beaten very severely and were apprehended to the security forces where they suffered additional torture. 

Maungdaw: Major Soe Moe Htike arrested Zubair s/o Abdul Karim from Inn Dinn (Aan Dan), Maungdaw Towship on February 11, 2013 at 1:30 pm on a false accusation that he has married without permission. The fact of the matter is the Major selectively targets people to extort money. He knows that the victim’s father works in Saudi Arabia and often sends a lot of money to support his family. The victim has been detained in Inn Dinn Nasaka camp and being tortured routinely. The Major is demanding 1 million Kyats for his release. 

A motorcycle was seized from Salimullah s/o Shida Ali, 27, by military personnel, Kyaw Ko Ko from Zawmatat Village Tract check post at around 11:00 am on February 8, 2013. He was tortured to provide a list of names, regardless of true or false, who possess motorcycle, mobile phone, crossing to Bangladesh, involve in any illegal or violent activities. 

This seems to be a grand scheme of mass arresting villagers and extorting money. 

P.K. Abdul Gafour

Arab News

February 14, 2013

The Organization of Islamic Cooperation intends to establish a secure financial network to support the Palestinians, OIC Secretary-General Prof. Ekmeleddin Ihsanoglu said yesterday.

Ihsanoglu made this announcement during a meeting with UN Secretary-General Ban Ki-moon in New York. The two also discussed the developments in Syria and Mali as well as the situation of Rohingya in Myanmar. The OIC chief told the UN secretary-general the need to take necessary measures for protecting the Muslim minority in Myanmar and putting an end to the violence against them. Ihsanoglu met Ban to inform him about the resolutions taken by the recently concluded OIC summit in Cairo, which had instructed him to take necessary steps to solve the issues of Palestine, Syria, Mali and Myanmar with the support of the United Nations.

Speaking about the financial network, the OIC chief said it aims at meeting major needs of the Palestinian people in response to Israel’s scaling up of measures against them, imposing new taxes and making their life difficult.

Earlier addressing a meeting of the UN Security Council, the OIC chief said the powerful international body has a big responsibility in protecting civilians in Syria and finding a peaceful solution to the crisis. “The Security Council and the international community has so far failed in the test of protecting civilians in Syria,” the OIC chief said.

“The seizure of Palestinian lands and construction of more settlements in occupied territories by Israel have affected the council’s credibility,” Ihsanoglu said while reiterating the Palestinians right to have an independent state with Jerusalem as its capital.

UNICEF

February 14, 2013

BANGKOK – UNICEF began this week delivering footballs and other play and recreation supplies to eight Ministry of Social Development and Human Security shelters caring for Rohingya children in southern Thailand.

Some 270 Rohingya children, many who were separated from their parents or who came to Thailand unaccompanied by adults, are being cared for at nine shelters in eight provinces across the South.

About 70 Rohingya women are also being assisted at the shelters, while more than 1,400 Rohingya men are in government immigration detention facilities. 

UNICEF supplies include footballs, volleyballs, badminton sets and other sports equipment, drawing and art supplies, and toys and other play items for young children. UNICEF staff delivered the first bags of supplies on Monday to the shelter in Songklha housing about 80 Rohningya children.

“The materials will be used to help provide improved play and recreation opportunities for Rohingya children and other children staying at these shelters,” said UNICEF Thailand Representative Bijaya Rajbhandari. “Some of the children have been traumatized by events in Myanmar, the long sea journey to Thailand or being separated from family members, and giving them opportunities to play will help relieve some of their stress and fear.”

UNICEF is also supporting the provision of hygiene and sanitation services at shelters, and is assisting MSDHS with strengthening the registration and tracking system for Rohingya children and women to help reunite them with family members. 

Other shelters caring for Rohingya children and women and being provided with play and recreation materials are in Pattani, Narathiwat, Trang, Surat Thani, Phangnga, Satun and Phrachuab Khiri Khan provinces.

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-020-2012

14 February 2013

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THAILAND: Rohingya asylum seekers arrested in southern provinces of Thailand

ISSUES: Refugees, IDPs and asylum seekers; human trafficking; minorities

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Dear friends,

The Asian Human Rights Commission is deeply concerned for the fate of Rohingya asylum seekers who have been arrested in the past weeks in police sweeps of remote areas in Songkhla's Sadao district near the border with Malaysia and the other provinces. They have fled from Burma, where they have been subjected to various types of persecution. Even though Rohingya migrants are entering into Thailand without permission, owing to well-founded fear of being persecuted for reasons of race and religion they are entitled to seek asylum. Therefore customary international law and the non-refoulement principle should be strictly applied by the Thai state.

CASE DETAILS:

Rohingya migrants have fled from Burma, where they have been subjected to various types of persecution. In Thailand, they have been arrested in the past weeks as police rounded up 397 Rohingya migrants at remote areas in rubber plantations in Songkhla's Sadao district near the border with Malaysia on January 10, 2013. As of January 31, the number of Rohingyas reportedly arrested was 1486 persons.

On January 16, The Burmese Rohingya Association in Thailand submitted a petition to the National Human Rights Commission of Thailand seeking help for the detained Rohingya. NHRC member Niran Pitakwatchara said a sub-panel on civil and political rights would meet state agencies on January 28 to discuss the issue. Meanwhile, Prime Minister Yingluck Shinawatra recently approved temporary assistance for a group of Rohingyas until their status is determined, and the United Nations High Commissioner for Refugees is also trying to determine the people's status but a person shall be granted refugee status first, then he/she would be resettled later on.

On January 18, The Central Islamic Council of Thailand said it would propose the central mosque of Songkhla province be used as a main shelter for Muslim migrants who have not been charged with any criminal offences. The Council also encouraged Muslim nations, international organisations and the United Nations agencies on human rights to discuss with a third country the possibility of granting asylum to the Rohingya migrants.

But, on January 21, the National Security Council insisted that the detained Rohingya should be classed as illegal immigrants, not refugees. Meantime, police have been arresting people alleged to have brought the Rohingya into Thailand, and have been examining the role of human trafficking agencies.

On January 31, the government decided to take care of the Rohingya for six months. The male Rohingya asylum seekers were being detained at the Immigration Bureau while women and children were staying at the Ministry of Social Development and Human Security's shelters for children and women.

For further analysis of the legal status under law on Immigration of these persons in Thailand, please see the sample letter, below.

Background Information:

Even though Rohingya migrants entering into Thailand under domestic law could be removed from the territory, because they are seeking asylum in accordance with the terms of the 1951 Convention Relating to the Status of Refugees, and because many of them are stateless persons, the government of Thailand has an obligation to recognize their claims and make necessary arrangements to accommodate them until such a time as they can return to Burma safely or go to a third country. These obligations apply under international customary law irrespective of the fact that Thailand has not ratified the 1951 Convention.

Rohingya from western Burma have since the 1970s been subject to systematic programs for their removal from the country or for their economic and political marginalization, through denial of access to travel documents, effectively prohibiting them from enjoying rights to education, health, movement and employment that other people in the country have. Since the mid-2000s, increasing numbers have come to Thailand, sometimes on their way to Malaysia or Indonesia, where authorities have treated them with hostility, on some occasions reportedly towing boats that have attempted to land back out to sea. The most recent arrivals have fled following violence in mid-2012 and October 2012, during which entire urban communities and villages were allegedly razed through fire by members of indigenous communities, claiming that the Rohingya have no legitimate claim to reside as an ethnic minority in Burma. Claims that the persons responsible for attacks were backed by government officials are credible given the longstanding and blatant anti-Rohingya position taken by the government in Burma and its personnel, but are difficult to prove given the current conditions in the region, which remains under a state of emergency.

For additional information on human rights issues in Burma and Thailand, visit the AHRC's country pages: http://www.humanrights.asia/countries/thailand, http://www.humanrights.asia/countries/burma

SUGGESTED ACTION:

Please write letters to the authorities listed below, urging them to assist Rohingya asylum seekers, not treat them as illegal immigrants. Please note that for the purposes of this letter, Burma is referred to by its official name as Myanmar.

Please be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on trafficking in persons, on the human rights of internally displaced persons, on human rights in Myanmar, and to the human rights office in Bangkok, calling for urgent intervention into this matter.

To support this appeal please send the letter.

SAMPLE LETTER: 

Dear _________,

THAILAND: Rohingya asylum seekers arrested in southern provinces of Thailand

I am writing to you to call for urgent intervention into the case of Rohingya migrants who have fled from Myanmar, where they have been subjected to various types of persecution. In Thailand, they have been arrested in the past weeks as they have arrived in the county’s south. According to the information I have received, as of January 31, a total of 1,486 Rohingya had been taken into custody.

On January 16, The Burmese Rohingya Association in Thailand submitted a petition to the National Human Rights Commission of Thailand seeking help for the detained Rohingya. NHRC member Niran Pitakwatchara said a sub-panel on civilian and political rights would meet state agencies on Jan 28 to discuss the issue. Meanwhile, Prime Minister Yingluck Shinawatra recently approved temporary assistance for a group of Rohingyas until their status is determined, and the United Nations High Commissioner for Refugees is also trying to determine the people's status but a person shall be granted refugee status first, then he/she would be resettled later on.

On January 18, The Central Islamic Council of Thailand said it would propose the central mosque of Songkhla province be used as a main shelter for Muslim migrants who have not been charged with any criminal offences. The Council also encouraged Muslim nations, international organisations and the United Nations agencies on human rights to discuss with a third-party country the possibility of granting asylum to the Rohingya migrants.

But, on January 21, the National Security Council insisted that the detained Rohingya should be classed as illegal immigrants, not refugees. Meantime, police have been arresting people alleged to have brought the Rohingya into Thailand, and have been examining the role of human trafficking agencies.

On January 31, the government had decided to take care of the illegal Rohingya migrants for six months. The male Rohingya migrants were being detained at the Immigration Bureau while women and children were staying at the Ministry of Social Development and Human Security's shelters for children and women.

In this context, I want to take this opportunity to express my concern about law enforcement under Immigration Act B.E.2522 (1979). Clearly, the Rohingya are not Thai nationals and has entered Thailand as aliens, in accordance with section 4 of the Act. They having no genuine and valid passport or document used in lieu of passport, and therefore under section 58 their migration into Thailand is illegal.

According to section 19, "In inspecting and considering whether as alien is forbidden from entering the Kingdom, the competent officer shall have authority to allow said alien to stay at an appropriate place after promising that he will present himself to the competent officer to received his orders on a specified date, time and place; or if the competent officer deems appropriate he may call for bond or call for both bond and security; or the competent officer may detain aliens at any place." It is in accordance with this section that the people have now been detained.

Notwithstanding, because Rohingya migrants entered Thailand because of a well-founded fear of being persecuted for reasons of race, religion and nationality in Myanmar, the Council of Ministers may consider a special exemption under section 17 of the act.

Accordingly, I call upon the government of Thailand to recognize its international obligations in this instance, and strictly apply customary international law and the non-refoulement principle, thereby allowing these asylum seekers to remain in Thailand for the foreseeable future. I urge that all persons detained be released into the community, subject to suitable arrangements by the relevant authorities for the provision of, and monitoring of, accommodation and other services. I also call on the government to enter into negotiations with relevant governments and multilateral agencies with a view to making the necessary provisions for these persons with regard to their fundamental human rights, and humanitarian concerns.

Lastly, I take this opportunity to urge the government of Thailand to ratify the 1951 Convention Relating to the Status of Refugees at the earliest possible occasion, in order that it might fall within the international framework established for the protection of these persons and others fleeing similar forms of persecution.

I look forward to your prompt action.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Ms. Yingluck Shinawatra

Prime Minister 

Government House 

Pitsanulok Road, Dusit District 

Bangkok 10300 

THAILAND 

Tel: +66 2 288 4000 

Fax: +66 2 288 4000 ext. 4025 

E-mail: spokesman@thaigov.go.th

2. Mr. Charupong Ruangsuwan

Minister of Interior

Atsadang Road 

Bangkok 10200

THAILAND

Tel: +66 2224 6320 ext 50004 

Fax +66 2226 4371

3. Mr. Surapong Tovichakchaikul

Minister of Foreign Affairs

443 Sri Ayudhya Road, 

Bangkok, Thailand 10400

Tel - Fax +66 2643 5320

minister@mfa.go.th

4. Pol.Gen.Adul Saengsingkaew

Commissioner General

Office of Commissioner General, Royal Thai Police, 1st Bldg, 

7th Fl., Royal Thai Police, Rama 1 Rd. 

Pathum Wan 

Bangkok 10330

Tel +66 2251 6831 

Fax +66 2205 3738

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)