Jose Ramos-Horta & Muhammad Yunus

Huffington Post

February 20, 2013

One of the fundamental challenges of a democracy is how to ensure the voice of the majority does not trample the essential rights of the minority. In the founding of the United States this was addressed by the Bill of Rights, some form of which is integrated into most democracies today.

Even as we applaud and rejoice in the new freedoms enjoyed by the Myanmar people, the country's newly elected government must face this challenge as they evolve from autocratic rule into a democratic state. The tragedy of the Rohingya people, continuing to unfold in Rakhine State in the country's western corner, on the border of Bangladesh, will be its proving ground.

The minority Muslim Rohingya continue to suffer unspeakable persecution, with more than 1,000 killed and hundreds of thousands displaced from their homes just in recent months, apparently with the complicity and protection of security forces.

The charge that the Rohingya are illegal immigrants to Myanmar is false. There is evidence that the Rohingya have been in present day Myanmar since the 8th century. It is incontrovertible that Muslim communities have existed in Rakhine State since the 15th century, added to by descendants of Bengalis migrating to Arakan (Rakhine) during colonial times.

The borders between present-day Bangladesh and Myanmar have shifted back and forth throughout these periods, resulting in ethnic Rakhine Buddhists living in Bangladesh today, and ethnic Bengali Muslims such as the Rohingya in Myanmar. As the Rahkine Buddhists are rooted in their Bangladeshi communities today, the Rakhine State in Myanmar is the only home the Rohingya know.

A glaring injustice was done to the Rohingya in 1982 when the ruling junta instituted a new law excluding the Rohingya from the list of the 135 national races recognized by the Myanmar government, effectively stripping them of their nationality. Since that time they have been banned from travelling even short distances or from getting married without a permit. When a marriage permit is granted, they must sign a commitment to have no more than two children.

Half of the Rohingya population is estimated to have fled the periodic pogroms that have reduced their villages to ashes and left thousands killed or raped in horrendous massacres. After having lived side by side with the Rakhine Buddhist communities, today they are an uprooted and stateless population, with some 200,000 refugees estimated to still be living in neighboring Bangladesh and hundreds of thousands more having fled to other parts of the world.

The 20th century gave us a term for the ugly phenomena of stripping individuals of their nationality and persecuting them for no reason other than the color of their skin, their religion, or their ethnicity: ethnic cleansing.

When the Myanmar government considers its progress on reform toward an open and democratic system of government, they must address one of the most barbaric remnants of their recent past, ethnic cleansing taking place in their midst, and right the wrongs done to the Rohingya population.

We wish the Rohingya to know that they are not alone. We hope to help share their plight with the world, in the hope and faith and trust that when the world knows of their suffering it will no longer turn its back on their persecution.

We humbly add our voices to the simple demand of the Rohingya people: that their rights as our fellow human beings be respected, that they be granted the right to live peacefully and without fear in the land of their parents, and without persecution for their ethnicity or their form of worship.

We ask the world to not look away, but to raise its collective voice in support of the Rohingya. In these days of public diplomacy the citizens, civil societies, NGOs, private investors and the business community have a vital role to play in the context of democratic reforms, human rights and development around the globe. We must use this voice.

We close with an appeal to the Myanmar government. You must amend the infamous 1982 law, and welcome the Rohingya as full citizens of Myanmar with all attendant rights. In doing so you will end the possibility of the radicalization of the Rohingya and channel their energies for the development of Myanmar. You will remove the impetus for extremism and terrorism being generated by the current mistreatment of this vulnerable minority. A strong, stable and democratic Myanmar is not only in the interest to countries of the region, but will serve the cause of global peace and stability as well.

A government must in the end be judged by how it protects the most vulnerable people in its midst, and its generosity towards the weakest and most powerless. Let not the good work of this government be clouded by the continuing persecution of the Rohingya people.

Jose Ramos-Horta is Former President of Timor Leste and the 1996 Nobel Peace Prize laureate. Muhammad Yunus is Founder and Former Managing Director of Grameen Bank and the 2006 Nobel Peace Prize laureate.

Mizzima News

February 20, 2013

Sri Lankan media is reporting on Wednesday that the 32 Myanmar nationals rescued by the Sri Lankan navy on Saturday are refusing to return to their home country. 

According to Colombo Page, the 32, reportedly Muslim Rohingyas from Rakhine State, say they left Myanmar because of persecution. 

Sri Lankan authorities have reportedly detained 17 of the 32 to hand over to Myanmar authorities while the others are held in a detention center for immigration offenders. 

“Sources say that Sri Lanka has no intention to bring charges against them under immigration regulations,” Colombo Pagereported.

Alan Cole

Xperedon

February 20, 2013

Requests for more humanitarian assistance for victims of crisis in Myanmar

Humanitarian charities are intensifying their appeals to support thousands of displaced people in Myanmar (Burma), suffering after a relentless wave of hardship... 

Charities and human rights organisations are appealing for the government of Myanmar to do more to help displaced people of the Rakhine State affected by ethnic violence, and also for international support to help the victims of the humanitarian emergency... 

Violence has been ongoing in the region in recent years between government and rebel groups, and lawless sectarian violence also erupted in Rakhine State last year...leading to thousands of new refugees... 

Charities at work in the region include The Red Cross, Médecins Sans Frontières (Doctors Without Borders) and Plan that are helping with emergency food, water, shelter and medical care... 

Muslim Aid UK is another charity assisting people in Myanmar and is currently appealing for support from donors to help workers and volunteers deliver humanitarian relief to displaced persons affected by the violence in Rakhine State... 

The charity is also calling on other charities and humanitarian organisations to work with them... 

In South East Myanmar, UNHCR, the UN refugee agency is assisting over 200,000 displaced people... 

Agencies report those that have fled from fighting in Rakhine State are in urgent need of food, water, shelter and healthcare, in what is a steadily worsening humanitarian situation... 

The region is also severely poor, and has been battered by cyclones, storms and floods over the years, the latter that impacted on 70,000 people in 2012 along the Ayeyarwady Delta... 

Human rights organisations are also appealing for more action to respect human rights in the country. 

Whilst progress has been made in this respect, with 400 political prisoners released by the government last year, abuses have still been taking place against civilians during recent armed conflicts says Human Rights Watch... 

Still, further progress was announced by the government, when 24 child soldiers were released in a ceremony on February 15 as part of a commitment to stop the use of child soldiers... 

Charity workers continue to appeal to help those suffering in Myanmar, including people of all ages, religions, nationalities and cultural backgrounds... 

Appeals continue for food and clean water for displaced people, sanitation supplies, health and medical care... 

Arjan Hehenkamp, of Médecins Sans Frontières, says it is those “living in makeshift camps in rice fields or other crowded strips of land” that are suffering the most acute medical needs...

Burma Campaign UK

February 20, 2013

Members of the European Burma Network today called on Germany to come clean over whether it is working behind the scenes to have Burma downgraded as a priority for the United Nations Human Rights Council. The European Burma Network brings together advocacy organisations working for human rights and democracy in Burma. 

Discussions have been taking place within the European Union on whether Burma should continue to be listed under Item 4; ‘Human rights situations that require the Council’s attention’, or changed to Item 10, ‘Technical assistance and capacity building.’ Germany is understood to be privately supporting moving Burma to Item 10. 

This is despite the fact that the country still has one of the worst human rights records in the world, and that in the past two years human rights abuses of the kind that could be considered war crimes and crimes against humanity actually increased. Burma is not a democracy, it remains ruled by a military-backed government, and almost all repressive laws remain in place. 

In his statement on 16th February 2013 at the end of his visit to Burma, the UN Special Rapporteur stated; “…there are significant human rights shortcomings that remain unaddressed…” The Special Rapporteur also highlighted continuing use of torture in Burma’s jails. 

The 2012 UN General Assembly Resolution on Burma stated: “Expresses concern about remaining human rights violations, including arbitrary detention, forced displacement, land confiscations, rape and other forms of sexual violence, and torture and cruel, inhuman and degrading treatment, as well as violations of international humanitarian law, and urges the Government of Myanmar to step up its efforts to put an end to such violations.” 

Downgrading Burma from Item 4 to Item 10 would be a major diplomatic coup for the government of Burma. 

Writing to German Foreign Minister Guido Westerwelle, the letter states: ‘Germany has a long track record within the European Union of opposing international pressure against the government of Burma to promote human rights and democracy. Germany consistently worked to either attempt to block increased pressure, or to push for relaxing pressure. Germany uses the confidentiality of internal European Union meetings and processes to hide its actions from the German and European public.’ 

‘It appears that your government is again using this tactic to avoid having to justify publicly your position on the issue of Burma at the Human Rights Council. We know from experience that you are likely to reject any accusation that your government is not concerned about human rights in Burma. Therefore, to avoid any misunderstanding, we request that you clarify publicly the position of your government on whether you believe that Burma should remain as an Item 4 on the UN Human Rights Council, and whether Germany supports maintaining the mandate of the UN Special Rapporteur.’ 

The letter was sent from the following European Burma Network members: 

Actions Birmanie (Belgium)

Association Suisse-Birmanie

Austrian Burma Center

Burma Aktion (Germany)

Azione Birmania (Italy)

Burma Action Ireland

Burma Campaign UK

Burmese Rohingya Organisation UK

Christian Solidarity Worldwide

Info Birmanie (France)

Swedish Burma Committee

M.S. Anwar 

RB News 

February 20, 2013 

Maung Daw, Arakan- Around 9AM yesterday, the government investigation team set up for the violence in Arakan arrived in the village of Baggona, Maung Daw. The team was said to have divided into five groups and investigated the respective people from the village. But the disturbing were Police, SB2 (Special Brach 2), SaSaSa (Bureau of Special Investigation) and SaRaPha (Security Affairs-Military) accompanying the investigation team. 

“They arrived in the village and divided into five groups. Then, they met and investigated the respective people. According to the villagers, the team treated and carried out question and answer sessions nicely. The villagers were comfortable in dealing with the team. The villagers were able to explain the common misconceptions about Rohingyas and the root causes of the violence. The villagers also said to the team that they still want to live peacefully with Rakhine community. The investigation team is said to have liked the villagers’ honest responses. And they left at 1PM. 

However, Police, SB2, SaSaSa and SaRaPha were disturbing and threatening the villagers so as to prevent them from meeting the investigation team. Therefore, the villagers had to go to meet the team with great courage and return with the help of the team. After the team had left, Police compiled the profiles of Rohingya villagers who met and talked with the investigation team. Now, the villagers are living in fear of being arrested by the Barbaric Police” said an Elder from a nearby village. 

It is to remind you that except for SaRaPha, all other departments of authority mentioned above are made up of mostly Rakhine extremists who have been behind the violence against Rohingyas. On one hand, the government asks Rohingya people to meet the investigation team. And on the other hand, they try by all means to prevent Rohinyas from meeting the team.

MYARF and RYM 

RB News 

February 19, 2012 

(Edited by M.S. Anwar) 

Maung Daw, Arakan - On 12:30 am of 19th February, a mass rape of Rohingya innocent girls including minors was committed by 19 Border Security Force (NaSaKa) in Ludaing (Du-Den) village tract in Northern Maung Daw. The NaSaKas came at the pretext of searching for the murderers of a Rakhine man from nearby Myo Theik Village tract, who was murdered by unknown criminals in NaSaKa Uniform, thought to be the members of Arakan Liberation Party (ALP), last week. 

Till date, our source was able to confirm 13 Rohingya girls who were victimized but still the exact number of raped victims is needed to be confirmed as many Rohingya women and girls do not share this kind of sexual assault lest their modesty should be harmed. 

The names of the confirmed raped victims are –

According to the relatives of the victims, some of the girls were assaulted in front of their family members. 

On 19th February at noon, five villagers from Du-Den village track were on their way to NaSaKa camp to file a complaint against those rapist NaSaKas, through NagPura (Ngakura) village tract. Three of them are: 

(1) Mohammed Ullah 

(2) Mabu Alam 

(3) Noor Bashar 

On hearing the news, the rapist NaSaKa blocked the villagers at NgaKura, of them one was a NGO worker. Later they released two of them including the said NGO worker but three other villagers were taken to custody. 

As we reported you here, last week, a Rakhine was murdered and three others were injured by unknown criminals whom villagers thought to be member of ALP, a Rakhine Separatist Arm-Group, possibly to increase the harassment against the friendless and voicless Rohingya community. NaSaKa has already arrested many innocent Rohingyas on false and arbitrary allegation of taking part of the murder case. 

One day NaSaKa arrest a group of Rohingyas and on the other day, they release them after the extortion of humungous amount of money. It has been going on for days. Today, 22 Rohingya men arrested for no reasons were released after extorting 1,500,000 Kyats each. In this way, they are crippling Rohingya community economically and degrading emotionally by raping even the under-aged girls. The violence against Rohingyas seems to be increasing day by day.

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