May 1, 2013
GENEVA – The United Nations Special Rapporteur on the human rights
situation in Myanmar, Tomás Ojea Quintana, today welcomed some forward
thinking recommendations from the Rakhine Investigation Commission
report. However, he expressed concerns over the lack of recommendations
to address impunity and ensure investigations into credible allegations
of widespread and systematic human rights violations targeting the
Muslim community in Rakhine State.
“The Investigation Commission’s report contains many worthwhile
recommendations, which I encourage the Government of Myanmar to
implement,” Mr. Ojea Quintana said after reviewing the recommendations
of the 27-member Investigation Commission set up last year by the
Myanmar President to look into the violence between communities in
Rakhine State that took place in June, and then subsequently in
October.
“There are important recommendations on addressing the dire humanitarian
situation in the Muslim camps for internally displaced people (IDP),
including overcrowding, access to clean water and sanitation, the risk
of disease, food security and child malnutrition, as well as on
improving access to education and livelihoods,” he said.
“However,” the Special Rapporteur said, “in implementing them, I urge
the authorities, as a matter of urgency, to ease the harsh and
disproportionate restrictions on the freedom of movement of Muslim
populations in the IDP camps and also in Muslim residential areas, such
as Aung Mingala in Sittwe and across northern Rakhine State, while also
providing adequate security.” In his latest report* to the Human Rights
Council, the expert noted that the Taung Paw camp in Myebon felt more
like a prison than an IDP camp.
“These restrictions on freedom of movement are greatly exacerbating the
humanitarian situation, restricting access to food, healthcare,
livelihoods and education,” he said. “Now we are at the beginning of
May, and the harsh restrictions for Muslim populations remain firmly in
place.”
The Special Rapporteur praised the reports’ recommendations on building
communication, trust and understanding between different religious and
ethnic communities in Rakhine State, including through community and
interfaith dialogues, and through the use of public service
broadcasting.
“The recommendation to establish a Task Force composed of moderate
leaders from both communities is just the kind of mechanism that is
needed to ensure systematic dialogue between communities, which could
play an essential role in rebuilding trust and finding solutions at the
local level,” the expert said. “Dr. Tun Aung is one such leader who I
hope to see released from Sittwe Prison soon and appointed to this Task
Force.”
In noting the recommendation that communities should continue to be
separated while emotions remain high, Mr. Ojea Quintana expressed
concern that the current policy of segregation will become a permanent
arrangement, and stressed the need for the Government to plan for
integrated communities as homes are rebuilt and people are resettled.
He was also encouraged by the report’s recommendations to address the
issue of statelessness in Rakhine State, in accordance with
international norms. However, the expert stressed that this would
involve amending the 1982 Citizenship Act to ensure that all persons in
Myanmar have equal access to citizenship and are not discriminated
against on grounds of ethnicity:
“I have always said that discrimination against the Rohingya Muslims in
Rakhine State is one of the underlying causes of the violent conflict
between communities there. The statelessness of the 800,000 Rohingya
population underlies their marginalisation and makes them particularly
vulnerable to discrimination and human rights violations,” he stressed.
The expert welcomed the recommendation that the border security force,
Nasaka, be reformed and should refrain from infringing on the rights of
the general public. He recalled his earlier recommendation that this
border security force’s operations should be suspended to introduce
fundamental reforms in view of the large number of allegations his has
received throughout his mandate of human rights violations committed by
Nasaka.
Mr. Ojea Quintana was also encouraged that the recommendations
highlighted the importance of the police, military and border security
force (Nasaka) carrying out their duties in accordance with the law,
particularly in view of the report’s recommendation that their presence
in Rakhine State should be doubled. However, the expert remains
concerned about how accountability will be ensured in practice, in view
of the impunity for the human rights violations that continue to occur
in Rakhine State.
“I have received credible allegations that widespread and systematic
human rights violations by state officials targeted against the Rohingya
and wider Muslim populations have occurred and are continuing in
Rakhine State. These involve the most serious of allegations, including
extrajudicial killings, rape and sexual violence, arbitrary detention
and torture and ill-treatment in detention, deaths in detention, and
denial of due process and fair trial rights,” said the Special
Rapporteur.
“The Government has an obligation under international law to investigate
these allegations effectively, promptly, thoroughly and impartially
and, where appropriate, to take action against those responsible, in
accordance with domestic and international law,” he said. “This is an
obligation that the Government cannot renege on.”
In addition to ensuring justice for the victims and their families, the
Special Rapporteur stressed that investigating these allegations and
holding to account those responsible will also be an integral part of
restoring relations of trust and harmony between different ethnic and
religious communities. He added that the recommended Truth-Finding
Committee should play a role in providing the truth for victims and
their families about the violations that have occurred and an
understanding about why they occurred, but stressed that truth
commissions are not substitutes for judicial accountability.
These are the Special Rapporteur’s observations based on the translation
of the recommendations of the Rakhine Investigation Commission’s
report.
Mr. Tomás Ojea Quintana (Argentina) was appointed by the United Nations
Human Rights Council in May 2008. As Special Rapporteur, he is
independent from any government or organization and serves in his
individual capacity. Learn more, log on to:
http://www2.ohchr.org/english/countries/mm/mandate/index.htm
(*) Report available at:
Myanmar Government response to report available at:
No comments:
Post a Comment