Agenda item 4
Geneva, 15 June 2017
Ladies and Gentlemen,
I thank you for the opportunity to once again allow me to
address this Human Rights Council. This is the first time I am delivering a
June oral update, and I will be covering some developments since March and will
also look ahead to my next visit to the country which is scheduled to take
place next month. I look forward to the Myanmar Government approving the dates,
the length of my visit, and this time really provide access to the places I
need to be in order to discharge my mandate appropriately.
I would like to take the opportunity at the outset to
express my deepest sympathies to those affected by Cyclone Mora. My prayers are
with all those who have suffered losses including their homes. I also express
my sadness at the recent crash of a military plane carrying military personnel
and their families which killed 122 people, including over a dozen children. My
heart goes out to their families and friends at this difficult time.
Mr. President,
Since my last address to you, the Fact-Finding Mission
has been established by the Council. I welcome their mandate to look into
alleged recent human rights violations by military and security forces, and
abuses, in Myanmar. Establishing the truth in these alleged cases is in the
interests of all of Myanmar and I therefore encourage the Government to fully
cooperate with the Mission.
Excellencies,
In Shan and Kachin States, unacceptable reports of
serious human rights violations allegedly committed by several parties to the
conflict including the Tatmadaw and ethnic armed groups have continued to
arise. I was particularly distressed to see an appalling 17-minute video posted
on social media in May, apparently showing soldiers from the Myanmar army
beating several bound and unarmed men. The incident apparently occurred in 2015
and the fate of those involved is still unknown. In another incident in Kachin
State, three individuals were found dead, with their bodies reportedly showing
signs of torture, a few days after supposedly being detained by the Tatmadaw. I
note statements from the authorities that they will investigate both incidents.
However, I am unaware of any investigations into another incident in November
2016, which I just learnt about, where 18 people from Nam Hkye Ho village in
Shan State were reportedly detained by the army, and their burnt remains found
in a grave a few weeks later.
I have reported to you on a regular basis similar
incidents, and I fear a recurring pattern here. The Tatmadaw, or some elements
of it, conduct themselves in violation of human rights. Some of these cases are
reported but cannot be verified for lack of access. A couple of these cases get
out, often because they had been caught on tape and circulated. The authorities
say they will investigate, and we, the international community, accept this as
an adequate response and let it go. Until the next case comes out again into
the public realm, and the cycle of events repeats itself. I must remind that
investigations must be conducted into all allegations, not just those that are
extensively picked up by the media. And I must also remind that all
investigations must be carried out in line with international standards and
with all perpetrators fully held to account. I will be following progress in
the cases that I have highlighted and others closely in the coming months.
Friends and Colleagues,
Sadly, the continuing conflict in Kachin, Shan and Chin
States has caused more people to flee. Despite repeated requests from the
United Nations agencies and their partners, and clear humanitarian needs,
permission to travel to areas not under government control to assist those
newly displaced has still not been granted. I am particularly concerned by
recent reports that 1,500 civilians in Kachin State, who were instructed by the
Tatmadaw to flee their homes, are stranded unable to travel further as the
armed forces have blocked waterways normally used for transportation.
Clearly, sustainable peace and demilitarization are
sorely needed across the country. I note that the most recent union peace conference
was held from 24 to 29 May, which was attended by eight ethnic armed groups
with seven others attending parts of the conference as special guests and some
other groups choosing not to attend at all. I welcome the inclusion of a number
of human rights issues in the 37 general points that were agreed on by all
participants. I was also pleased to see an increase in the representation of
women in this conference, and hope that renewed effort can be taken to ensure
that the minimum 30% target of female participation is achieved across all
delegations and the full inclusion of civil society organizations and young
people in the process.
Ladies and Gentlemen,
I welcome the release of a number of those imprisoned for
simply exercising their rights in the amnesties of prisoners announced on 12
April and 24 May. This includes Hla Phone and Myo Yan Naung Thein whom I
visited in prison in January. I note however that many such individuals still
remain in jails, awaiting trial or serving sentences, including human rights
defender Khaine Myo Tun, whom I visited in January and who also suffers from
health conditions.
The increasing use of the vaguely worded defamation provision
in section 66 (d) of the Telecommunications Act is particularly worrying. It is
especially notable that each case has to be approved by the Ministry of
Communications and Transport in order to be charged, and that an estimate of 66
cases have been reported since the new government came to power. Discussing
issues of public interest, satirising the military or the President should not
risk criminal charges with a maximum three-year sentence.
Mr. President,
In my forthcoming visit to Myanmar in July, I will
continue to look into business and human rights issues, including the rights of
those affected by Special Economic Zones. Investment projects should translate
into a positive transformation, and more must be done to ensure this is the
case for all and to uphold the rights of local communities.
I am particularly concerned by the developments at
Letpadaung copper mine where police fired rubber bullets at community members
protesting an incident in March during which a truck hit a local villager. Ten
villagers and six police officers were injured and 50 individuals were later
charged with offences in relation to the protests. There also continue to be
protests in various areas over land confiscations, including the case of ten
farmers who were convicted in April in Shan State to 16 months in prison for
refusing to vacate land which had been confiscated from them.
I congratulate Myanmar on its achievement of becoming a
medium ranked country in the human development index. I encourage further
efforts to improve access to education and life expectancy which form part of
the indicators. This must include further tackling child labour. Another
shocking case of child abuse has recently come to light of a girl who was
working as a domestic servant and I call on the government to do more to
protect all children, including those forced to work, from abuse and neglect.
Distinguished Representatives,
There have been a number of alarming incidents of
incitement of intercommunal tension and religious violence since my last
update. In April, extremist Buddhist nationalists reportedly pressured
authorities to close two Islamic schools in Yangon that traditionally have
served as a prayer site, with no consultation and investigation. That they
remain closed through Ramadan, a sacred month for Muslims when they not only
observe the fasting but are also encouraged to conduct additional prayers, has
resulted in a sense of greater isolation amongst the community. Three
individuals peacefully protesting the schools’ closure through prayer outside
the schools reportedly now face charges. These undue restrictions are in
contravention of the Muslim community’s basic right to religious freedom and
right to manifest it through worship and observance.
I commend the Government’s actions in pursuing the arrest
of individuals involved in the Mingalar Taung Nyunt incident in Yangon where a
mob of over a hundred Buddhist nationalists entered a Muslim home under the
pretext of finding illegal residents, which later resulted in a clash breaking
out on the streets. Many in the Muslim community are nonetheless worried that
the Government is unable to counter the growing threat of extreme Buddhist
nationalism. As I have said in the past, the Government must take more
concerted, systematic efforts to curb hate speech and violence incited by such
nationalist groups.
The situation in Rakhine State remains tense with
incidents of alleged rape, torture, kidnapping and a village official being
stabbed to death continue to be reported. The situation for many of those who
fled following the attacks on Border Guard Police facilities on 9 October last
year and the subsequent clearance operations remains difficult. While the
estimated 20,000 Rohingya who were displaced within Myanmar have mostly returned
to or near their places of origin, returnees face significant shelter needs due
to the large number of burnt homes, a situation exacerbated by the impact of
Cyclone Mora. I am further informed that 332 Rakhine, Dynet and Mro evacuees
are still unable to return to their homes.
Whilst some of the reported 74,000 Rohingya who fled to Bangladesh
appear to have now returned, exact numbers are difficult to ascertain as people
fear prosecution for illegal border crossing.
I am especially alarmed by the reported recent rise in
the number of child brides amongst women and girls who fled Myanmar and live in
neighbouring countries. As we are all aware, this perpetuates the cycle of
violence and of poverty experienced by these young women.
I am also concerned by reports that at least 13 children
have been detained by police in Rakhine State in relation to the October 9th
attacks. According to a statement released by the State Counsellor’s Office on
5 June, one of these children died on February 2nd due to health reasons. I
remind the Government that children should be detained strictly as a last
resort, for the shortest appropriate period of time, and must be treated with
humanity and respect in a manner which takes into account their age. I urge the
Government to take all necessary measures to guarantee the rights of these
children not to be arbitrarily deprived of their liberty and to fair and timely
proceedings as well as to adequate medical care. Further, I urge the Government
to immediately conduct a full investigation into this child’s death including
why it was only reported four months later.
Please allow me at this point to highlight again
Myanmar’s international obligations, in particular, under the Convention on the
Rights of the Child. As we all know, by being party to this treaty, the State
has made a public commitment as to how it will treat everyone under the age of
18 within its jurisdiction. The provision that has particularly stuck in my
mind is Article 2 of the CRC which, among others, reiterates the principle of
non-discrimination, and requires appropriate measures to ensure that, “the
child is protected against all forms of discrimination or punishment on the
basis of the status, activities, expressed opinions, or beliefs of the child’s
parents, legal guardians, or family members.” Myanmar has an obligation with
respect to “each child within [its] jurisdiction” without discrimination of any
kind. I repeat, within its jurisdiction. This includes all Rohingya children
living in Rakhine. With your permission, Mr. President, I would like to ask the
Government of Myanmar, if it really has respected and lived up to this promise?
Now, I would also like to ask other distinguished representatives here if they
have indeed made sure that Myanmar lived up to its promise? I ask this question
because of the continuing dire, if not worsening situation of the
Rohingyas.
Mr President,
During my last statement to you, I highlighted the
shortcomings in the investigative mechanisms established by the Government to assess
the situation in Rakhine State. Unfortunately, there have been no changes to
address these concerns. In early March, the Maungdaw Investigation Commission
conducted a three-day visit to Rakhine State, still without a robust
methodology or witness protection policies in place. I remain unconvinced that
the military investigation team, which recently announced its findings
dismissing practically all allegations against the security forces as wrong or
false, is sufficiently independent or impartial.
I note the issuance of the interim report by the Advisory
Commission on Rakhine State; and while Myanmar has said it “accepts totally”
the interim recommendations therein, implementation has been tentative at best.
Although the Government has been closing IDP camps as recommended, many
individuals are not being permitted to return to their place of origin, despite
their stated desire to do so. Muslims in Kyein Ni Pyin camp, most of who
self-identify as Rohingya, were told that the Government would only provide
housing in the location of their current displacement, whereas Kaman Muslims in
Ramree were only offered transportation options to Yangon and financial
support. In contrast, Rakhine Buddhists were offered re-settlement in a
neighbouring area, in newly-built homes along with financial compensation,
although they have raised concerns that the location is some distance from a
school. I am worried that these different re-settlement practices offer little
prospect of a durable solution for the 120,000 Rohingya still living in camps,
and exacerbate the grievances between the Buddhist and Muslim communities. The
Government has estimated that it will take five years to close all the camps,
which means that some IDPs could spend as long as ten years confined in these
camps. This is simply unacceptable.
Distinguished representatives,
During my statement in March, I highlighted the proposed
joint benchmarks which the Human Rights Council invited me to work with the
Government to develop. In the months since then, I have still not seen
significant developments on the majority of these benchmarks. In my next visit
to Myanmar in July, I hope to discuss with my interlocutors how we can work
together to develop a work plan and time frame for their swift implementation. I
recognize the inherent difficulties in any democratic transition, and as
always, I seek to work with Myanmar to address and overcome the challenges she
faces. I stand ready to assist in any way I can to achieve a Myanmar where the
rights and fundamental freedoms of all are respected and fully realized.
Thank you