By Mizzima, 24
August 2017
As Mr Kofi Annan,
Chair of the commission made clear, the Commission has put forward honest and
constructive recommendations which we know will create debate. However, if
adopted and implemented in the spirit in which they were conceived, I firmly
believe that our recommendations, along with those of our interim report, can
trace a path to lasting peace, development and respect for the rule of law in
Rakhine State.
As the report notes,
recurring conflict in Rakhine State is a major impediment to national peace and
reconciliation in Myanmar, as well as a significant obstacle to the development
of the State, which is among the poorest in the Union of Myanmar.
The challenges
facing communities across the State are dangerous and demand urgent action.
This includes - but is not limited to - the unresolved status of the large
number of currently stateless Muslims, which exacerbates numerous
socio-economic challenges facing the State.
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The final report of
the Advisory Commission on Rakhine State: Towards a Peaceful, Fair and
Prosperous Future for the People of Rakhine builds on the Commission’s interim
report to provide a comprehensive set of recommendations to achieve lasting peace
and prosperity in Rakhine.
Below is an outline
of some of the report’s main points and recommendations.
Socio-Economic
Development
The Commission notes
that local communities would benefit more from investment in Rakhine and calls
for their increased participation in decision-making on issues related to
development. Recognising that the question of resource sharing between the
Union and State Governments is a consideration in the broader peace process,
the Commission nonetheless calls on the Government to ensure that local
communities benefit from natural resource extractions in Rakhine State.
It recommends that
the government ensure adequate compensation for appropriated land, and to
invest heavily in infrastructure including roads, jetties, electricity,
drinking water and internet access. The planned airport at Mrauk-U should be
constructed.
It also calls for
the provision of vocational training which prioritises women and is based on
labour-market assessments, and urges the government to reduce red tape to
promote business, and to address regulatory issues that currently constrain
small businesses, including access to lending and agricultural credit.
In light of the
state’s vulnerability to the effects of climate change, the Commission
recommends that the government urgently step-up efforts to strength the
capabilities of communities to adopt climate resilient options, and to improve
the state’s irrigation systems.
Citizenship
While Myanmar’s
cultural diversity and pluralism deserve to be celebrated, identity and
ethnicity are sensitive issues in Myanmar and have a direct impact on the
determination of citizenship. Identity and ethnicity are sensitive issues.
Citizenship rights and deficiencies in national legislation remain a broad
concern, as does the unresolved status of many Muslims.
In the short-run,
the Commission calls for an acceleration of the citizenship verification process
in line with the 1982 Citizenship Law. The Government should develop a clear
strategy and timeline for the process, communicated through a broad outreach
campaign. Those who have already been verified should immediately be allowed to
enjoy all benefits, rights and freedoms associated with citizenship.
The Commission
recommends that complaints regarding the verification process be addressed
swiftly by a government authority independent of the institutions responsible
for the process. It also calls for the rights of those whose citizenship
application is not accepted to be clarified.
The Commission also
notes the need to revisit the law itself and calls on the government to set in
motion a process to review the law. Such a review should consider – amongst
other issues – aligning the law with international standards, re-examining the
current linkage between citizenship and ethnicity, and considering provisions
to allow for the possibility of acquiring citizenship by naturalisation,
particularly for those who are stateless. The Commission calls for the rights
of non-citizens who live in Myanmar to be regulated, and for the clarification
of residency rights.
Pending such a
review; the Commission calls on the Government to ensure that existing
legislation is interpreted and applied in a manner that is non-discriminatory.
Freedom
of Movement
Both Rakhines and
Muslims face movement restrictions, although Muslims – and in particular IDPs –
are particularly affected. In general, the Commission calls on the Government
to ensure freedom of movement for all people irrespective of religion,
ethnicity, or citizenship status, and to that end reiterates its earlier call
for a mapping exercise to identify all existing restrictions on freedom of
movement, and calls for the introduction of measures to prohibit informal
restrictions including unofficial payments and arbitrary roadblocks.
Communal
Participation and Representation
Urgent steps are
needed to promote communal representation and participation for underrepresented
groups, including ethnic minority groups, stateless and displaced communities.
This affects Muslims disproportionally. Women should be included in political
decision-making.
Household leaders,
Village Administrators and Village Tract Administrators should be directly
elected by the residents of each village/village tract. Registration processes
for CSOs should be greatly simplified.
Internally
displaced people (IDPs)
The Commission
commends the government for acting swiftly on the recommendation in the interim
report on camp closures, but noted that the outcome of the return/relocation
process was mixed. It reiterates the need for a comprehensive strategy towards
closing all IDP camps in Rakhine State.
It calls for the
government to cooperate with international partners to ensure that
return/relocation is carried out in accordance with international standards, is
voluntary, safe, and takes place in a dignified manner.
In the interim, and
without affecting the closure of IDP camps – the Commission calls on the
government to ensure dignified living conditions in camps, including improved
shelter, water and sanitation, education, and access to livelihood
opportunities.
Cultural
Developments
In its final report,
the Commission reiterates its recommendation that the Government of Myanmar
should declare Mrauk U as a candidate for UNESCO world heritage status, and
continue its positive engagement with UNESCO and other international partners
to move this process forward.
The Commission also
urges the Government of Myanmar to list and protect historic, religious and
cultural sites of all communities in Rakhine.
Inter-communal
Cohesion
Inter-communal
dialogue must be fostered at all levels; township, state and Union. Activities
that help to create an environment conducive for dialogue should be initiated
by the government, including joint vocational training, infrastructure projects
and cultural events, and the establishment of communal youth centres.
Security
of all communities
The Commission
recognises the threat posed from potential radicalisation, but advises against
a purely security response in Rakhine. Commission members have instead called
for a calibrated response that combines political, developmental, security and
human rights approaches that address the root causes of violence and reduce
inter-communal tensions.
To strengthen and
professionalise policing in Rakhine, the Commission recommends simplifying the
security infrastructure in Rakhine by creating a unified agency for all
policing in the state, with a single chain of command reporting directly to the
chief of Myanmar’s Police Force. This could be done, for instance, by folding
the Border Guard Police into the national police. Improved training – including
in human rights, community policing, civilian protection and languages – should
be provided to all members of the security forces in order to improve
intelligence gathering and relations with local communities. In general, and as
recommended in the interim report, the police force should reflect the
population in all components, including women and minorities.
Bilateral
relations with Bangladesh
Given the importance
of strong bilateral cooperation to secure the border and address shared
challenges – including drug trafficking – the Commission welcomes steps taken
to improve cooperation with Bangladesh over the past year, which are in line
with the recommendations of its interim report. The Commission recommends that Myanmar
and Bangladesh further strengthen their bilateral cooperation in various areas.
Implementation
of the Commission’s recommendations
With the submission
of its final report, the Advisory Commission on Rakhine has completed its
mandate. However the Commission has proposed a mechanism by which the
Government can ensure effective implementation of its recommendations.
It calls for a ministerial
level appointment to be made with the sole function of coordinating policy on
Rakhine State and ensuring the effective implementation of the Rakhine Advisory
Commission’s recommendations. The appointee should be supported by a permanent
and well-staffed secretariat, which will be an integral part of the Central
Committee on Implementation of Peace and Development in Rakhine State and
support its work.
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