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| Thousands of Rohingya Muslims have been displaced by the violence in Rakhine state © AFP/Getty Images |
May 1, 2013
Recommendations in a government-backed report investigating last year's
devastating violence in Myanmar fail to effectively tackle
discrimination against Rohingya Muslims and could trigger more human
rights abuses, Amnesty International said.
The government-appointed Rakhine Commission this week issued a briefing
on its investigation into violence between Buddhist and Muslim
communities in Rakhine state, western Myanmar, which first erupted in
June 2012. The clashes have resulted in a considerable loss of life and
left thousands displaced.
The Commission, which did not include any Rohingya on its panel, called
on the government to “double” the presence of security forces in Rakhine
state, including the Border Security Force (NaSaKa)
“There are some positive steps in this report but also several flaws.
Deploying more security forces without first suspending -- pending
further investigation -- those who may have been involved in human
rights violations during last year's violence could fuel further
abuses," said Isabelle Arradon, Amnesty International's Asia Deputy
Director.
"Comprehensive reform of the security forces, including the
establishment of robust accountability mechanisms, adequate vetting
systems and training on relevant international standards, is also
essential."
Since June 2012, the NaSaKa, police and army have arbitrarily detained
hundreds of men and boys, mostly from Muslim-dominated areas, and
subjected many of them to torture and other ill-treatment.
There are also consistent reports that security forces have failed to
protect members of the Muslim community, particularly the Rohingya
minority, from attacks. In some cases, security forces have used
unnecessary and excessive force that has led to deaths and injuries.
The Commission did recommend the establishment of a Truth-Finding
Committee, and stressed the need to ensure that those who break the law
are “prosecuted”.
“A Truth-Finding Committee is a positive step, as long as it is part of
an independent investigation to determine responsibility for the
violence and its findings are released to the public," said Isabelle
Arradon.
"But such a commission should not bar or replace criminal justice, or reparation for crimes under international law.”
The Commission said citizenship claims by Rohingya, who are referred to
in the report as "Bengali", should be addressed in a “transparent and
accountable manner.”
However, it failed to call for a review of the 1982 Citizenship Law, which has rendered Rohingya Muslims effectively stateless.
"Under international human rights standards no one must be left
stateless. Anything short of granting the Rohingya equal access to
citizenship is in itself a form of discrimination which should be
urgently addressed,” said Isabelle Arradon
The Commission also called for several measures to address the ongoing
humanitarian crisis in Rakhine state, recognizing that the humanitarian
response “still has several gaps”.
According to UN estimates, some 140,000 people remain displaced across
Rakhine state with limited access to bare necessities like food and
medical care.
Conditions are expected to worsen during the monsoon season, which
starts in May, as heavy rains threaten to flood certain internally
displaced person (IDP) camps.
“It is deeply concerning that humanitarian organizations still do not
have unfettered access to all populations in need of aid, including
those living in remote areas or unregistered camps," said Arradon.
“Immediate arrangements must be made for the displaced living in
flood-prone areas to avoid a humanitarian crisis with the approaching
rainy season.”
The Commission recommended that the de facto segregation of the Rakhine
and Rohingya populations – enforced following the violence – should
continue until tensions between the communities subside.
“While there is obviously a need to restore calm, the authorities must
also consult internally displaced persons and develop a plan to
facilitate their voluntary return home. Segregation and IDP camps cannot
be a long-term solution,” said Isabelle Arradon.
The Commission, which was established in August 2012, comprises 27
stakeholders including Muslims, but does not feature a representative
from the Rohingya community.
