Agenda item 4
Geneva, 13 March 2017
Mr. President, distinguished representatives, ladies and
gentlemen,
I am honoured to present today my third report to this
Council in my capacity as the Special Rapporteur on the situation of human
rights in Myanmar. I am conscious that this Government is only now nearing its
first anniversary in power and that not only has it inherited formidable human
rights challenges from the previous Government, it also has to meet with
exceedingly high expectations from its people as well as the international
community.
As I have conveyed to the Government of Myanmar, and to
members of this Council, my approach to this mandate has always been as a
friend to Myanmar. I have no agenda other than the realization of human rights
in the country; the only bias and partiality is towards the promotion and
protection of the rights of all people in Myanmar.
Mr. President,
I have conducted two visits to Myanmar in the past year,
in June 2016 and January 2017. I thank the Government of Myanmar for these
invitations and its cooperation with my mandate, attempts at better engagement
especially by the Permanent Mission here, and particularly in respecting my
request to meet community members in Rakhine State without close monitoring of
officials and security personnel during my most recent visit. Nevertheless, I
regret that I was again unable to visit several areas I had requested in Kachin
state and that these refusals were given at the last minute, preventing full
optimization of the limited time I had available. I must confess that there
were times that I had seriously questioned the nature of the cooperation.
The government has also yet to agree on the proposed
joint benchmarks, which were called for by the last Council resolution, and
which were shared with them several times before and during my recent visit.
Excellencies,
One of the key tasks facing Myanmar will be reform and
modernization of all three branches of government. The judiciary – vital
arbiters of justice – needs continuing strengthening and improvements to the
appointments system. In the executive
branch, administrative reform including on local levels will be vital. On legislative side, I remain of the view
that legislative process requires further streamlining and increased
transparency, and suggest a law on
law-making be enacted similar to those adopted by several countries in the
region. I have also welcomed the repeal of several outdated laws but dozens of
problematic laws remain on the books and continue to be used.
The 1982 Citizenship Law in particular appears to have a
similar standing as the Constitution as to the sensitivity surrounding its
possible reform despite its clearly discriminatory provisions. Currently, a
citizenship verification exercise under this discriminatory law is underway and
despite understandings that the process should be voluntary, I receive continuing
reports of Rohingya being coerced into undergoing the process as otherwise they
are not allowed fishing licences, to carry out work as a national staff member
of an international organization, sit for matriculation exams in schools or
even receive food assistance.
As mentioned, Constitutional reform seems a distant goal
at this time. And made even more onerous with the brutal killing of one of
Myanmar’s known Constitutional lawyers, U Ko Ni, as he was holding his
grandchild. Despite this unexpected and seemingly insurmountable hurdle, I urge
for progress towards Constitutional reform through potentially the
establishment of a preparatory committee to study possible revision processes.
Until the Constitution is reformed to provide for a truly civilian government,
Myanmar cannot truly attain a full democracy.
Ladies and Gentlemen,
The extent that human rights defenders as well as press
members are monitored, surveilled, harassed, and intimidated is also a good
barometer for measuring democratic space. Considering the number of former
political prisoners in the ranks of Myanmar’s Cabinet and Parliament, it is
disappointing to see the continued misuse of laws such as section 505 of the
Penal Code and increasingly section 66(d) of the Telecommunications Act to
suppress voices of dissent, including through arrest and imprisonment. Of
particular concern are multiple cases of killings of civil society actors for
their involvement in human rights work and activism, including several in
recent months, as well as cases which remain unresolved even after years of
relatives of victims demanding justice. Many of these cases relate to vested
commercial interests or the military.
Myanmar has rich natural resources, but it is important
that efforts to extract this bounty benefit all. I am concerned that
individuals who have lived on land for generations continue to face evictions
without proper safeguards and that communities continue to face severe health
impacts and livelihood difficulties from environmental degradation associated
with large scale mineral extraction. It is important that, the recent
Environmental Impact Assessment Procedures, are systematically implemented and
enforced, and that full advantage is taken of the welcome decision to suspend
the issuance of jade mining licenses, to reform the legislative and policy
framework governing the mining industry to ensure strong protections against
environmental and human rights abuses.
Mr. President,
I am extremely concerned by the escalation in conflict in
Kachin and Shan States which is having a dramatic impact on civilians in these
areas. Just a week ago, fighting broke out in Kokang self-administered zone,
reportedly causing over ten thousand people to flee to cross the Chinese border
in search of safety. I say “reportedly”
as we do not know exact conditions. Since May 2016, the United Nations and
other international organizations have been systematically denied authorization
to deliver vital and in some cases lifesaving assistance to over 40,000 IDPs
including those recently displaced. Even
in areas controlled by the government access is becoming more difficult –
additional layers of approvals have recently been required – including from the
military.
I also continue to receive reports of serious human
rights violations committed by all parties to the conflict, including torture,
inhumane and degrading treatment, sexual- and gender-based violence, arbitrary
killings, and abductions, all of which frequently go uninvestigated. There has
also been a worrying trend of reportedly indiscriminate attacks in or near
civilian area. I condemn the apparent total disregard for civilian lives in the
strongest terms and emphasize the need for all parties to take immediate steps
to protect civilians, respect international human rights and humanitarian law
and end the violence and for investigations into allegations to be conducted.
Peace will be vital to the future development of Myanmar,
and the peace process represents an opportunity to transform the country. To
have this transformative effect, discussions need to be inclusive and to
address complex issues related to underlying root causes. I welcome the
increasing representation of women in the discussions, but hope the level of
representation will reach a minimum of 30% across all groups, in the next
conference. Civil society organizations must also be seen as vital partners to
the process. Unfortunately the peace process at the moment appears to be at a
stalemate – I call on all parties to increase efforts to advance the process.
Distinguished Representatives,
You may be aware that one of my main concerns during my
visit to Myanmar in January was reprisals. I raised concerns earlier of voices
of dissent being suppressed including through arrest and imprisonment. And
never have I felt more anxiety over potential acts of retaliation and reprisals
than in Rakhine State during my visit.
Myself and my predecessors have long raised concerns
about Rakhine State, particularly the institutionalised discrimination faced by
the Rohingya population and the inter-communal violence in 2012, as well as the
general underdevelopment of the state and lack of opportunities for all
communities. As you are all likely aware
the situation in the state took on new dimensions on 9 October, when three
Border Guard Police facilities were reportedly attacked, by groups of armed men
in a coordinated manner, killing 9 members of the Myanmar Police Force. In
response three townships were declared closed off with the launch of a security
operation, with no access to independent media, and humanitarian programmes
suspended. Following the launch of the security or clearance operations,
reports began surfacing, increasingly and persistently regarding serious human
rights violations, allegedly committed by the security forces.
Reprisals was the main reason why I had asked to make a
visit to Bangladesh where tens of thousands of the Rohingya population have
fled from Rakhine State, and where they might feel less threatened to give me
their accounts of what had happened during the clearance operations. In Cox’s
Bazar, I met around 140 people from several villages in the north of Rakhine. I
heard from them harrowing account after harrowing account. In my statement at
the end of my mission to Bangladesh, I spoke about having been especially
affected by a mother who repeatedly expressed regret for mistakenly thinking
that her son had been brought out from their burning house. She heard him
screaming for her and managed to save his life but burn scars have been seared
onto him - scars which I saw with my own eyes. I wanted to share what I saw
with you today.
I heard allegation after allegation of horrific events
like these – slitting of throats, indiscriminate shootings, setting alight
houses with people tied up inside and throwing very young children into the
fire, as well as gang rapes and other sexual violence. Even men, young and old,
broke down and cried in front of me telling me about what they went through and
their losses.
Putting these experiences together with the
institutionalized discrimination and long-standing persecution of the Rohingya
population which I have reported on previously, as well as the continuing
action by the authorities to make their lives even more difficult – even as the
clearance operations are taking place – which include by dismantling their
homes and conducting a household survey where those absent may be struck of the
list that could be the only legal proof of their status in Myanmar - indicates
the government may be trying to expel the Rohingya population from the country
altogether. I sincerely hope that that is not the case.
Excellencies,
Myanmar has established several commissions to review the
situation in Rakhine State, however I believe they have yet to discharge their
investigative obligations. In the case of the Advisory Commission on Rakhine
State, chaired by former UN Secretary-General Kofi Annan, the alleged human
rights violations are outside the scope of their mandate. For other commissions, there are questions
about the extent to which their investigations are “prompt, thorough,
independent and impartial”. In particular, for investigations to be truly
independent – members should be independent of any institution or agency that
may be the subject of the inquiry. However, the Maungdaw Investigation
Commission, whose members I was able to meet during my January visit, includes
former members of the military and the currently serving Chief of the Myanmar Police
Force. The commission also does not appear to have a robust methodology or
policies in place to address key issues such as witness protection or
documentation of evidence.
The truth about whether all, or some, or any of these
allegations are correct needs to be established. There is a need for a new set
of investigations which are “prompt, thorough, independent and impartial”, and
this needs to happen soon, before the evidence is compromised. In Myanmar’s
pursuit of a fully democratic society, no stones must be left unturned. The
alleged victims, as well as all the people of Myanmar deserve to know the
truth. The international community must come together in expressing a strong
and single voice in this regard, regardless of varying interests of individual
member states. This is why I called for a Commission of Inquiry to investigate
the systematic, structural, and institutional discrimination in policy, law and
practice, as well long-standing persecution, against the Rohingya and other
minorities in Rakhine State.
Prompt, thorough, independent and impartial
investigations are not only needed in Rakhine, but also in conflict affected
areas such as Kachin and Shan which are often overlooked and where serious
violations, of a similar type to those in Rakhine, have been reported for many
years. Yet many of these violations have also gone uninvestigated, with the
situation in these areas worsening and still receiving little attention. For
this reason, I have repeatedly requested to travel to Laiza and other areas in
Kachin and Shan to speak to community members and IDPs but have been repeatedly
denied, including during my most recent visit. That is also the reason why I
recommended for this Council to hold a dedicated and urgent discussion to
address the human rights violations occurring in other parts of the country
including in Kachin and northern Shan.
Mr. President,
Following my visit to Bangladesh, I was a bit
disappointed to hear that the Government of Myanmar has started to claim that I
am unfair and biased. But I have to point out that the focus of my Bangladesh
visit and related observations was to meet those who had fled from the north of
Rakhine subsequent to the conduct of clearance operations there – and all those
I met who had fled were Rohingya.
Excellencies,
I would like to draw some attention to the joint
benchmarks I have proposed as well as the suggested areas which remain to be
explored for development of technical cooperation programmes. I remain
convinced that Myanmar would highly benefit from establishing a fully-fledged
OHCHR country office with proper resources and a full mandate to help with the provision
of technical advice and assistance on human rights issues to the Government and
people of Myanmar.
I want to end this statement by emphasizing that I have
absolutely no reason whatsoever to present a biased, one-sided report. However,
I have every reason to present the situation to reflect the reality, even if
some may not like what I have to say.
I believe this Council expects me to do exactly that by
entrusting me with this mandate.
As I have always done, I present myself, and my mandate,
as a source for support and assistance towards Myanmar’s aim of becoming a
fully functioning democracy and aspiration to be respected in the international
fora.
Thank you for your attention.