By Fatih Hafiz Mehmet 

Anadolu Agency

June 9, 2018

Return of Rohingya refugees could potentially result in another round of mass killings: Maung Zarni and Natalie Brinham

ANKARA -- Rohingya survivors of the Myanmar genocide are demanding a UN security force to guarantee their safe return to their homelands, terming the new agreement signed between Myanmar and the UN as inadequate, experts tell Anadolu Agency.

On June 6, the Myanmar government signed an agreement with the UN Development Programme (UNDP) and the UN Refugee Agency (UNHCR), allowing them to get involved in the much-delayed repatriation process.

Maung Zarni, coordinator for strategic affairs at the Free Rohingya Coalition, and Natalie Brinham, an economics and social research council Ph.D. scholar at the Queen Mary University of London, wrote an analysis piece for Anadolu Agency giving their views on the new agreement.

"One million Rohingya survivors of Myanmar genocide, who took refuge across the borders in neighboring Bangladesh, remain largely unpersuaded by the news of the latest repatriation deal the United Nations agencies have signed with their perpetrators in Naypyidaw, and openly call for 'UN Security Forces' to guarantee safe return to their homelands in the Western Myanmar state of Rakhine," they wrote.

The analysts said on June 6, two UN agencies with mandates for refugee protection and development inked a memorandum of understanding with the government of Myanmar.

However, the contents of the agreement were treated as if it were Myanmar’s top national security secret, they wrote.

"The conditions on the ground indicate no semblance of physical safety for any returning Rohingyas," the analysts said.

Zarni and Brinham added that there is also no indication that the official acceptance of Rohingya by Myanmar as an integral ethnic minority of the union is forthcoming. 

Reintegration prospect low

"And there is little prospect for their reintegration into the predominantly Buddhist society where the most powerful Senior Gen. Min Aung Hlaing publicly declared his genocidal intent, that Rohingya presence in N. Rakhine was 'unfinished business' from the pogroms of WWII," they said.

"In addition to the frightening prospects of being marched back to Myanmar’s 'killing fields', what has unnerved Rohingya refugees in Bangladesh -- thousands have been in refugee camps in Bangladesh since the early 1990’s as they fled the earlier waves of violent persecution -- about this latest UN-Myanmar refugee deal is this: UN agencies -- UNDP, UNHCR, World Food Program (WFP) -- have a dismal record when it comes to standing up for the Rohingya in the last 40 years since UNHCR first became involved in the repatriation process in the summer of 1978."

Zarni and Brinham said the UN’s reputation -- and most specifically the reputation of UNHCR and UNDP -- is on the line in Myanmar, and beyond.

"Any part they play in facilitating returns from Bangladesh to Myanmar is risky -- when returns could potentially result in another round of mass killings, further decades of containment in concentration camps or deliberate slow starvation," they said.

The analysts urged the UN agencies to place protection and human rights first this time around.

"The signs of a new secretive deal don’t bode well for the Rohingya survivors. The newly-managed UN in Myanmar has even shelved the organization’s own governing principles, namely transparency and inclusivity, as evidenced in the freshly-inked MoU with Myanmar," they said.

Zarni and Brinham added Myanmar is now suspect in the eyes of the International Criminal Court and international law circles.

"In apparent compliance with the demands for secrecy typically made by Myanmar’s military-controlled NLD-government, the UN has not made public the MoU for scrutiny. Neither has the UN included Rohingyas in any stage of the negotiations over the MoU, nor spelled out their future role," they said. 

'Listen to Rohingya voices'

The analysts said the UNHCR had added a fourth adjective, “sustainable”, to the mainstreamed mantra of “voluntary, safe and dignified”.

"To make the fourth adjective viable, the UN must listen to Rohingya voices that call for a protected return to a protected homeland in Myanmar."

Since Aug. 25, 2017, more than 750,000 refugees, mostly children and women, have fled Myanmar and crossed into Bangladesh after Myanmar forces launched a crackdown on the minority Muslim community, according to Amnesty International.

At least 9,400 Rohingya were killed in Rakhine from Aug. 25 to Sept. 24 last year, according to Doctors Without Borders.

In a report published recently, the humanitarian group said the deaths of 71.7 percent or 6,700 Rohingya were caused by violence. They include 730 children below the age of 5.

The Rohingya, described by the UN as the world's most persecuted people, have faced heightened fears of attack since dozens were killed in communal violence in 2012.

The UN documented mass gang rapes, killings -- including of infants and young children -- brutal beatings, and disappearances committed by security personnel.

In a report, UN investigators said such violations may have constituted crimes against humanity.

By Ayhan Simsek 

Anadolu Agency

June 8, 2018 

ERC call for transparency and inclusiveness on tripartite MoU for Rohingya’s return 

The European Rohingya Council (ERC) welcomes the principle of return of Rohingya refugee to their homeland. However, ERC is deeply concerned about the lack of transparency and inclusiveness of Rohingya representatives in the recent tripartite Memorandum of Understanding (MoU) between UNHCR, UNDP and Republic of Union of Myanmar. Therefore, ERC calls for transparency and inclusiveness of Rohingya representatives in the discussion process of ‘the protected return of Rohingya into their protected homeland’. 

In light of the previous horrific experiences Rohingya community had faced during 1978-79, and 1992-4 repatriations, our community is gravely concerned about experiencing same scenarios in the upcoming repatriation. Several credible reports and eye witnesses described the horrific experiences Rohingya community faced in the previous repatriations as: 

· “A bilateral repatriation agreement between the Bangladeshi and Burmese governments was subsequently reached in July 1978, without any consultation with the refugees themselves as to whether they wished to return. Fierce resistance from the refugees was met by intimidation and the withdrawal of food rations from the camps in Bangladesh. Reports from the period estimate that up to 10,000 refugees died from malnutrition and illness by the end of 1978 (Anonymous 2010; Barnett 2000).”

· “Human Rights Watch contends in several cases the UNHCR has failed to provide information on the SLORC's abuses against returning Muslim refugees. The HRW says that while the UN body had evidence that some Rohingya from Burma were arrested by Burmese authorities or ‘disappeared’ when they returned from Bangladesh in 1992 and 1996, it did not provide exiles in Bangladesh with that information (Inter Press Service, 04/30/97).”

· “Many Rohingya people jumped into the Naf River and took their lives because they were forcefully repatriated, and they preferred to end their lives was the better option than going back to Myanmar’s persecutions.” 

In order to prevent repeating the same scenarios, ERC calls upon UNHCR and all other stakeholders to ensure the following conditions of the voluntary, safe, dignified and sustainable repatriation:

· The ongoing persecutions of Rohingya by Myanmar armed forces and extremist elements of Rakhine community must be brought immediately to an end. 

· All IDPs inside Rakhine State must be shut down and the Rohingya who were living in IDPs must be allowed to return to their original homes. 

· Ethnic and citizenship rights that Rohingya enjoyed in post-independent Myanmar must be restored. 

· The lives and properties destroyed by Myanmar armed forces last year must be compensated and rebuilt. 

· The perpetrators of the genocidal crimes and crimes against humanity against Rohingya must be brought to justice. 

· The return and homeland must be under effective international protection until Myanmar is seriously committed to provide protection to Rohingya community. 

For media, contact: 

Dr. Hla Kyaw

chairman@theerc.eu

+31652358202

By bdnews24.com

June 7, 2018

Bangladesh has responded to the queries of the International Criminal Court or ICC over its jurisdiction to run a case against Myanmar in regard to the Rohingya issue.

State Minister for Foreign Affairs Md Shahriar Alam confirmed this to bdnews24.com on Thursday.

He said it is in fact mandatory on Bangladesh to respond as it is a member of the Rome Statute.

“We have provided the information only as requested by the court,” he said, adding that Bangladesh is still committed to settle the matter “bilaterally”.

He pointed out that Prime Minister Sheikh Hasina floated a five-point plan in New York last year “which is still on the table and we are committed”.

The ICC last month wrote to Bangladesh asking for its opinion on whether The Hague-based court has jurisdiction to run a case against its neighbour.

Myanmar is not a member of the criminal court.

The letter from the pre-trial chamber followed Prosecutor Fatou Bensouda’s application on Apr 9 when she asked the ICC to rule on whether it has jurisdiction over the deportations of Rohingya people from Myanmar to Bangladesh, a possible crime against humanity.

The pre-trial chamber 1 in the letter, a copy of which was with bdnews24.com, invited the competent authorities of Bangladesh to submit written observations, either publicly or confidentially, on the three specific matters.

Those are:

(i) The circumstances surrounding the presence of members of the Rohingya people from Myanmar on the territory of Bangladesh;

(ii) The possibility of the Court’s exercise of territorial jurisdiction over the alleged deportation of members of the Rohingya people from Myanmar into Bangladesh; and

(iii) Any other matter in connection with the prosecutor’s request that, in the opinion of the competent authorities of Bangladesh, would assist the Chamber in its determination of this Request.

“We have provided all the information they asked for and everything that we know from our experience,” State Minister Shahriar Alam said when asked, without clarifying whether Bangladesh suggested that the ICC try Myanmar.

He said Bangladesh “is a responsive and responsible state. Our action always guided by universal values and laws”.

Officials, however, earlier indicated that Bangladesh would cite precendences in which ICC tried non-members being recommended by the UN Security Council.

It happened in cases of Darfur in Sudan and Libya, paving the way for the trial Omar Al-Bashir and Muammar Gaddafi.

Earlier, Myanmar government expressed “serious concern” on the news about the application by the ICC prosecutor.

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

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

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

The government has said the army crackdown was provoked by the attacks of Rohingya militants on more than two dozen police posts and an army base last August.

An ICC ruling affirming jurisdiction could pave the way for Prosecutor Bensouda to investigate the deportation of many thousands of Rohingya.

“This is not an abstract question but a concrete one, affecting whether the Court may exercise jurisdiction ... to investigate and, if necessary, prosecute,” Bensouda said in the filing.

The main reason for doubts about the jurisdiction is that while Bangladesh is a member of the court, but Myanmar is not.

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

The court said the observations of the Bangladesh authorities would assist the chamber in its determinations of the request sub judice.

By Tun Khin

The Daily Star

June 7, 2018

Bangladesh's ICC cooperation is crucial for Rohingya justice

Since August last year, the world has witnessed how hundreds of thousands of desperate Rohingyas have fled across the border into Bangladesh, bringing with them tales of unimaginable horror. Many of these refugees are my friends and relatives. For the first time, the world has woken up to what we Rohingya have lived with for decades—Myanmar's systematic and genocidal attempts to wipe us out as a people. Now we need the help of the world, and Bangladesh, to obtain justice.

Last week, Myanmar announced it was establishing an “independent commission of inquiry” to “investigate the violation of human rights and related issues following the terrorist attacks” in Rakhine State in 2017. The fact that Myanmar did not even mention its own military's abuses speaks volumes of how credible this investigation will be. Over the past years, I have seen Myanmar establish a multitude of similar commissions, always at politically opportune times. In the end, they accomplish very little—they buy Myanmar a modicum of time and international goodwill, but they lead to no genuine accountability or to improvements for the lives of Rohingya people.

It is abundantly clear that Myanmar is both unwilling and incapable of investigating itself. Senior leaders have taken turns to deny the well-documented atrocities carried out by security forces against the Rohingya people. The military has little incentive to punish itself for its own crimes. State Counsellor Aung San Suu Kyi, the de facto political leader, has dismissed reports of human rights violations and questioned why people have been fleeing in the first place.

There is no question that the international community must play a role in providing justice, and the International Criminal Court (ICC) is increasingly looking like the only real hope. Although Myanmar is not a signatory to the Rome Statute of the ICC, that does not mean that all avenues are closed—far from it.

In April this year, ICC prosecutor Fatou Bensouda asked the court to rule on whether the ICC “can exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh,” which is under the jurisdiction of the Court. A ruling affirming such jurisdiction could pave the way for the ICC to investigate Myanmar for the crime against humanity of deportation. Bangladesh, which has already done so much in welcoming refugees, can play a crucial role in making this a reality.

On June 20, a panel of judges will hold a closed-door hearing on the question. The ICC has asked Bangladesh for its opinion on whether it can exercise jurisdiction over the deportation of Rohingyas from Myanmar to Bangladesh. So far, Dhaka has yet to respond, although the deadline of June 11 is fast approaching.

We are grateful for the generosity of Bangladesh since the crisis erupted. Dhaka has essentially kept its borders open and hosted hundreds of thousands of people in what has already become one of the world's largest refugee camps. When I visited Cox's Bazar, I was touched not only by the welcome from officials but also from ordinary people. At the height of the crisis, local Bangladeshis were lining up along the border to offer food to fleeing refugees and spent their own meagre resources on constructing shelters.

But an influx of people of this scale is a strain on any country's resources. The situation is not sustainable, and the only solution to the root cause of the crisis lies on the other side of the Naf river in Myanmar.

It is important to remember that this crisis has not happened in a vacuum but is just the latest chapter in a long cycle of abuse. In the late 1970s and early 1990s, similar violent campaigns by Myanmar security forces pushed hundreds of thousands of Rohingya refugees to flee into Bangladesh. Each time, Bangladesh struck a deal with Myanmar for the return of refugees, only for renewed violence to force another exodus of people. Each time, it has been Bangladesh that has been forced to deal with a humanitarian crisis that is not of its own making.

My parents were forced to temporarily flee into Bangladesh after Myanmar's first major anti-Rohingya operation (“Operation Nagamin” or “Operation Dragon King”) in 1978. I myself witnessed similar violence in 1991 shortly before I fled Rakhine State. How many more times will history have to repeat itself before something changes? Unless those responsible for atrocities—regardless of their rank or position—are held to account, Myanmar's authorities will feel they can commit similar abuses in the future without consequence.

An ICC investigation into mass deportation would be limited and not cover other crimes against humanity, including murder, rape, torture, persecution or genocide. But in the shorter term, it would be an essential start. Most importantly, it would send a powerful message to Myanmar's authorities that they are not above the law, and that the world is willing to back up condemnation with genuine action. Separately, we will continue lobbying members of the UN Security Council to refer the situation in Myanmar to the ICC, which would pave the way for a broader mandate.

The current lack of accountability is not just affecting the Rohingya, but also people in other ethnic areas where security forces and armed groups commit war crimes with impunity. In Kachin State, for example, violence has again flared between the military and insurgents, driving thousands from their homes.

By responding in the affirmative to the ICC, Bangladesh could play a major role in making such accountability a reality. I urge Dhaka to do what it can to support the ICC and the Rohingya people—not just for us, but for the fight for justice everywhere.

Tun Khin is president of the Burmese Rohingya Organisation UK and a member of the Free Rohingya Coalition.

By Antoni Slodkowski

Reuters

June 6, 2018

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

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

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

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

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

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

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

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

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

‘PATH TO CITIZENSHIP’ 

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

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

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

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

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

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

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

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

Reporting by Antoni Slodkowski; Editing by Robert Birsel

By Edith M. Lederer

June 6, 2018