17:42
Ulama
REPORT BY MR.
TOMAS OJEA QUINTANA, THE UN SPECIAL RAPPORTEUR
of the world community. The report, based on a six-day fact
finding mission to Myanmar, confirms the gravity of the situation facing the
Rohingya community. As the situation in the Rakhine State is still very tense
we hope the Myanmar government under the leadership of Mr. Thein Sein (right) will do everything
possible to provide safety to the helpless Rohingya community and work towards
integration and national reconcialiation. Readers are advised to
constantly visit ReliefWeb to get an update on issues and problems in Myanmar,
especially the Rakhine State,and draw their own conclusions.]
Tomás
Ojea Quintana (below), who visited Myanmar from 30 July to 4 August, said he
was encouraged to see increasing engagement of civil society, political parties
and other stakeholders in the reform process, greater openness in discussing
human rights
issues, and efforts towards building a society based on the rule
of law. National institutions with important roles in furthering democratic
transition and ensuring respect for human rights, such as Parliament and the
National Human Rights Commission, have continued to develop. But he highlighted
a number of key human rights concerns, including the situation in Rakhine state
and the related detention of UN staff members, the continued detention of
prisoners of conscience, and the situation in Kachin state.
Rakhine state
Noting the actions taken by the Government to
restore law and order, he added that he was, however, gravely concerned about
allegations of serious human rights violations committed by State actors.
“These include the excessive use of force by security and police personnel,
arbitrary arrest and detention, killings, the denial of due process guarantees
and the use of torture in places of detention,” he said.
Mr.
Ojea Quintana called for a credible, independent investigation into such
allegations of human rights violations as a matter of urgency, offering his
assistance.
“It
is of fundamental importance to clearly establish what has happened in Rakhine
state and to ensure accountability. Reconciliation will not be possible without
this, and exaggerations and distortions will fill the vacuum to further fuel
distrust and tensions between communities,” he said.
Urgent
attention was also required to address the immediate humanitarian needs of the
displaced, particularly in the larger camps, he said, urging the international
community to respond to Myanmar authorities’ appeal for increased assistance.
He also called on neighbouring countries to respect the principle of
non-refoulement.
“I
am also concerned at the sentiments against the UN and international NGOs,
particularly perceptions amongst the Rakhine Buddhist community that
humanitarian assistance is not being provided according to the principles of
impartiality and neutrality. I encourage the international organizations
involved to work jointly with the Government authorities to counter these
perceptions,” he said.
Mr.
Ojea Quintana stressed the need for the Government to develop a longer-term
strategy for rehabilitation and reconciliation – one that is based on
integration and not separation of the Rakhine Buddhist and Rohingya
communities.
“This
strategy should be anchored in ensuring that the fundamental rights of all are
respected and address the underlying causes of the violence,” he said,
highlighting concerns about systematic discrimination against the Rohingya
community. Such concerns include the denial of citizenship or legal status to
Rohingyas, restrictions on their freedom of movement, marriage restrictions,
and other discriminatory policies.
“I
hope that steps will be taken to address these issues, including a review of
the 1982 Citizenship Act to ensure that it is in line with international human
rights standards,” he said, adding that the international community also has a
role to play in helping to identify durable solutions, premised on human rights
principles, to the statelessness of the Rohingyas.
Prisoners of conscience
and United Nations staff in detention
Mr.
Ojea Quintana also met prisoners of conscience at Insein Prison and called for
the release of all remaining prisoners of conscience without conditions or
delay. He commended the President for releasing a number of other prisoners of
conscience, including Phyo Wai Aung who was released during his visit.
Mr.
Ojea Quintana also interviewed six UN staff members, in Insein and Buthidaung
prisons, who have been detained in connection with the events in Rakhine State,
adding that he had also received information that a number of staff of
international NGOs had been similarly detained.
“Based
on my interviews, I have serious concerns about the treatment of these
individuals during detention,” he said. “I am of the view that the charges
against them are unfounded and that their due process rights have been denied.
This is reminiscent of the experiences of prisoners of conscience whom I
interviewed in Insein Prison. I therefore call for the immediate release of
these individuals and a review of their cases.”
The
Special Rapporteur added that he had received information that a lawyer he met
has received threats to deter him from representing one of the UN staff. He
called on the authorities to guarantee that individuals he met do not face
reprisals and to ensure their protection and that of their families.
Kachin state
Welcoming the
ceasefire agreements reached with 10 ethnic armed groups, and the ongoing
dialogue in this regard, the Special Rapporteur said that efforts towards
finding a durable political solutions to the conflicts should be accelerated
and should address long-standing
grievances and deep-rooted concerns amongst ethnic groups.
“Yet,
as a result of ongoing conflict, particularly in Kachin State,I continue to
receive allegations of serious human rights violations committed, including
attacks against civilian populations, extrajudicial killings, sexual violence,
internal displacement, and torture. Furthermore, I received allegations of the
use of landmines, the recruitment of child soldiers, as well as forced labour
and portering committed by all parties to the conflict,” Mr. Ojea Quintana
said.
“I must therefore reiterate that it is vital
for these allegations to be addressed as a matter of priority. The Government
and all armed groups must do more to ensure the protection of civilians during
armed conflict. International human rights and humanitarian law must be
respected.”
The
Special Rapporteur also discussed with different stakeholders, including ethnic
groups, political party leaders, and members of Parliament, the establishment
of a truth commission to address grievances from decades of human rights
violations.
He
called on Myanmar to ensure that a human rights-based approach is firmly
embedded in its economic and social development, especially given the increase
of foreign investment.
During
his visit, Mr. Ojea Quintana met a number of high-level Government officials,
the Chief Justice of the Supreme Court, the Vice-Speaker of the Pyithu Hluttaw
(lower house) and members of several parliamentary committees, the National
Human Rights Commission, local authorities in Rakhine State, and civil society.
He also met Daw Aung San Suu Kyi.
The
full report on his visit will be presented to the 67th session of the General
Assembly in October 2012.
To
read the full end-of-mission statement by the Special Rapporteur, visit: http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=12405&L...
(*)
Check the latest progress report on Myanmar by the Special Rapporteur: http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G12/116/04/PDF/G1211604.pdf?O...
ENDS
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. This was his
sixth official visit to Myanmar. Learn more, log on to: http://www2.ohchr.org/english/countries/mm/mandate/index.htm
UN
Human Rights, country page – Myanmar: http://www.ohchr.org/EN/countries/AsiaRegion/Pages/MMIndex.aspx
For
more information and media requests, please contact Mr. Daniel Collinge ( +66 2
288 1235 / dcollinge@ohchr.org).
For
media inquiries related to other UN independent experts: Ravina Shamdasani, UN
Human Rights – Media Unit ( + 41 22 917 9310 / rshamdasani@ohchr.org)
Statement
of the Special Rapporteur on the Situation of Human Rights in Myanmar
4
August 2012
I
have just concluded my six-day mission to Myanmar - my sixth 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
visit to Rakhine State.
In
Nay Pyi Taw, I met with the Minister of Home Affairs, the Minister of Social
Welfare, Relief and Resettlement (also the Minister of Labour), the Minister of
Immigration and Population, the Deputy Minister of Health, the Deputy Minister
of Education, the Attorney General, the Chief Justice of the Supreme Court, the
Vice-Speaker of the Pyithu Hluttaw and members of several parliamentary
committees.
In
Rakhine State, I accompanied a visit organized by the Government for members of
the diplomatic community and the United Nations Country Team. In Maungdaw, I
met with state and local authorities, and members of the Muslim community. I
visited burned Rakhine villages and observed the construction of new shelters.
In addition, my team and I visited camps for internally displaced persons for
both Rakhine Buddhist and Muslim communities in Sittwe and Maungdaw. I also
interviewed five United Nations staff in Buthidaung Prison who have been
detained in connection with the events in Rakhine State, and met a lawyer who
was considering representing one of the staff. I would like to thank the
Government for the access granted to my team and myself to areas where tensions
remain high.
My
mission took place against the backdrop of continuing change and transition in
Myanmar, which have had a dramatic impact on the country and its people. I
welcome recent achievements, such as the adoption of a joint strategy with the
International Labour Organization for the elimination of all forms of forced
labour by 2015 and the signing of an action plan with the United Nations to
prevent the recruitment and use of children by Myanmar’s armed forces. I am
encouraged to see the increasing engagement of civil society, political parties
and other stakeholders in the reform process. During my mission, there was greater
openness in discussing human rights issues and more critical debate and
analysis on the direction, pace and scope of reforms, in particular on the
challenges and risks. State and national institutions that have important roles
in furthering democratic transition and ensuring respect for human rights, such
as Parliament and the National Human Rights Commission, have continued to
develop. In this respect, I see that the National Human Rights Commission has
continued to undertake important activities, such as the review of complaints
and the conduct of missions to investigate allegations of human rights
violations, including most recently to Kachin State. While there is a long way
to go before this body is fully compliant with the Paris Principles and independent,
it seems to have embraced its important role in promoting and protecting human
rights and is trying to address its shortcomings in order to enhance its
credibility and effectiveness.
I
also acknowledge efforts towards building a society based on the rule of law.
Central to this is the continuing review and reform of legislation and the
adoption of new laws. I am encouraged that relevant stakeholders, such as civil
society and international organizations, are being consulted on some of the
draft laws being prepared. More time should be given to enable broader
consultation and proper consideration of draft laws. I am also encouraged that
draft laws are now being published in the media prior to their consideration by
Parliament. At the same time, given the scope and pace of the legislative
reforms, it is vital that equal attention be paid to implementation as well as
to raising awareness of new laws amongst the general public. Additionally,
greater coordination, priority-setting and clarity in the timetable for
legislative reform is needed, particularly with respect to the laws that I have
previously identified as not being in full compliance with international human
rights standards, such as the State Protection Law, the Electronic Transactions
Law and the Unlawful Associations Act.
Central
to upholding the rule of law is an independent, impartial and effective
judiciary. I was encouraged to see that the Supreme Court has engaged with and
sought capacity-building and technical assistance from the international
community, which goes some way towards addressing my previous recommendations
on this issue.
Despite
these positive developments, Myanmar continues to grapple with serious human
rights challenges which, as the events in Rakhine State demonstrate, need to be
addressed for democratic transition and national reconciliation to properly
take hold.
The
human rights situation in Rakhine state is serious. I witnessed the widespread
suffering of people who have lost their homes and livelihoods as a result of
the violence and express my sympathy to the victims from both communities. I
note the actions taken by the Government to restore law and order, including
the deployment of additional security forces to the area, and the establishment
of a commission to investigate the incidents that sparked the communal
violence. I am concerned, however, at the allegations I have received of
serious human rights violations committed as part of measures to restore law
and order. These include the excessive use of force by security and police
personnel, arbitrary arrest and detention, killings, the denial of due process
guarantees and the use of torture in places of detention. While I am in no
position to be able to verify these allegations at this point in time, they are
of grave concern. It is therefore of fundamental importance to clearly
establish what has happened in Rakhine State and to ensure accountability.
Reconciliation will not be possible without this, and exaggerations and
distortions will fill the vacuum to further fuel distrust and tensions between
communities. Therefore, I join the calls of others for an independent and
credible investigation into these allegations of human rights violations as a
matter of urgency. And I offer my assistance in this regard.
I
welcome the actions taken by the Government and international organizations to
attend to the immediate needs of the displaced and provide humanitarian
assistance. But the situation still requires urgent attention to address
concerns of access to food, water, sanitation and health care for those
displaced, particularly in the larger camps. I therefore encourage the
international community to respond to the Myanmar authorities’ appeal for
increased humanitarian assistance. I am also concerned at the sentiments
against the United Nations and international non-governmental organizations,
particularly regarding perceptions amongst the Rakhine Buddhist community that
humanitarian assistance is not being provided according to the principles of
impartiality and neutrality. I encourage the international organizations
involved to work jointly with the Government authorities to counter these
perceptions.
Further,
while the Government is clearly trying to respond to the immediate humanitarian
needs and has a medium-term plan for the resettlement for those displaced,
attention must be paid to the development of a longer-term strategy for
rehabilitation and reconciliation – one that is based on integration and not
separation of the two communities. This strategy should be anchored in ensuring
that the fundamental rights of all are respected and address the underlying
causes of the violence. I am extremely concerned about the deep-seated
animosity and distrust which exists between the communities in Rakhine State.
The situation will only further deteriorate unless brave steps are taken by the
Government.
In
this respect, I have, throughout my mandate, consistently highlighted concerns
regarding systematic discrimination against the Rohingya community. Such
concerns include the denial of citizenship or legal status to Rohingyas,
restrictions on their freedom of movement, marriage restrictions, and other
discriminatory policies. I hope that steps will be taken to address these
issues, including a review of the 1982 Citizenship Act to ensure that it is in
line with international human rights standards.
The
international community also has a role to play in helping to identify durable
solutions, premised on human rights principles, to the statelessness of the
Rohingyas. I urge Myanmar’s neighbours and States across the region to
recognize that they have an obligation under international law to protect the
human rights of all persons within their borders regardless of whether or not
they are recognized as citizens of that country and to guarantee respect for
the international principle of non-refoulement.
During
my mission, I interviewed six United Nations staff members, in Insein and
Buthidaung prisons, who have been detained in connection with the events in
Rakhine State. I have also received information that a number of staff of
international non-governmental organizations have been similarly detained.
Based on my interviews, I have serious concerns about the treatment of these
individuals during detention. I am of the view that the charges against them
are unfounded and that their due process rights have been denied. This is
reminiscent of the experiences of prisoners of conscience whom I interviewed in
Insein Prison. I therefore call for the immediate release of these individuals and
a review of their cases. I have also received information that the lawyer I met
has received threats to deter him from representing one of the United Nations
staff. I call on the authorities to guarantee that the individuals I met do not
face reprisals and to ensure their protection and that of their families at
this time.
I
also met with other prisoners of conscience at Insein Prison. While I commend
the President for the recent release of an additional number of prisoners last
month, I am concerned that there are remaining prisoners of conscience being
held not only in Insein but also in other prisons; information which was also
conveyed during my mission. I must therefore once again call for the release of
all remaining prisoners of conscience without conditions or delay. National
reconciliation and democratic transition
cannot move forward without this necessary step. And the international
community needs to remain engaged on this issue.
In
this respect, while I am aware of continuing efforts to address discrepancies
in the numbers of remaining prisoners of conscience from different sources, I
believe that a comprehensive and thorough investigation is still needed to
clarify records and determine accurate numbers. This must be done urgently and
in consultation with relevant stakeholders, such as former prisoners of
conscience and civil society. Regardless of these efforts, there are prisoners
whose identities and cases are known and there is no reason why their release
should be further delayed.
In
Insein Hospital, I also met with Phyo Wai Aung, whom I had met on my two
previous missions. I was informed yesterday that Phyo Wai Aung had been granted
amnesty and was released. I welcome this news and commend the President and the
Government for taking this positive step.
During
my mission, I discussed developments and progress made in addressing the
ongoing tensions and conflict with armed ethnic groups in border areas,
particularly in Kachin State. I welcome the ceasefire agreements reached with
10 ethnic armed groups thus far and am aware of efforts to attend to
post-ceasefire needs, dialogue with ethnic groups and progress ceasefire
agreements into peace agreements. Efforts towards finding a durable political
solution to the conflict should be accelerated and should address long-standing
grievances and deep-rooted concerns amongst ethnic groups.
Yet,
as a result of ongoing conflict, particularly in Kachin State, I continue to
receive allegations of serious human rights violations committed, including
attacks against civilian populations, extrajudicial killings, sexual violence,
internal displacement, and torture. Furthermore, I received allegations of the
use of landmines, the recruitment of child soldiers, as well as forced labour
and portering committed by all parties to the conflict. I must therefore
reiterate that it is vital for these allegations to be addressed as a matter of
priority. The Government and all armed groups must do more to ensure the
protection of civilians during armed conflict. International human rights and
humanitarian law must be respected.
I
must also emphasize that the needs of those displaced and affected by the
conflict, including in non-Government controlled areas, must be addressed as a
matter of priority. The United Nations and its humanitarian partners must have
regular, independent and predictable access to all individuals in need,
regardless of whether they are in Government or non-Government controlled
areas.
Finally,
I remain of the opinion that addressing grievances from decades of human rights
violations is crucial for democratic transition and national reconciliation.
Acknowledging the suffering of victims and allowing them to heal will help to
prevent future violations from occurring.
In
this regard, I have discussed with different stakeholders, including ethnic
groups, political party leaders, and members of Parliament, the establishment
of a truth commission. I believe that Parliament, as the only multi-party and
multi-ethnic public institution, is the most appropriate body for the creation
of such a commission and for this difficult but necessary task. As a first
step, there should be a process of consultation with all relevant stakeholders,
including victims of human rights violations, in order to get their advice and views
on how this truth commission should be shaped. Lessons should be learned from
other countries that have experience in these processes. Assistance may be
provided by the United Nations and other international organizations.
To
conclude, as reforms deepen in Myanmar, my mandate can help to highlight the
importance of placing human rights standards and principles at the very heart
of this process. Take, for instance, the flood of foreign investment that is
beginning to enter the country. Adopting a human rights-based approach ensures
that the principles of participation, non-discrimination, transparency,
accountability and the rule of law guide this process. With this guiding
framework of human rights, investments will serve to create a more fair and
just society, in which the human rights of the people of Myanmar are fulfilled.
The time to firmly embed a human rights-based approach in economic and social
development is now. More generally, I believe that human rights should not fall
off the agenda, and human rights concepts and principles need to be at the
forefront of the entire reform process, driving it forward and keeping it
focused on addressing the needs and aspirations of the people of Myanmar. It is
my responsibility, as Special Rapporteur, to continue to emphasize this point.
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 Human Rights Council in 2013. And I reaffirm my willingness to
work constructively and cooperatively with Myanmar to improve the human rights
situation of its people.
