By UNIC, Yangon
Seoul, 1 February 2018
Ms Yanghee Lee UNSR |
Thank you for the opportunity to address you this
afternoon. It is quite unusual for me to hold this press conference here, in a
country not related to my mandate as Special Rapporteur on the situation of
human rights in Myanmar. However, these are unusual circumstances in the
discharge of my mandate. For the first time since I was appointed by the United
Nations Human Rights Council I have not been given access to the country I am
responsible for reporting on.
The Government of Myanmar has taken the unfortunate
decision to no longer cooperate with me, claiming that I have been unfair and
biased. They took particular issue with my previous end-of-mission statement –
following my last visit to Myanmar in July 2017. I would invite all of you to
re-read that end-of-mission statement. You will note that I have highlighted
the human rights situation of not just the Rohingya in respect of Rakhine State
but of the Rakhine and Kaman communities too. I also highlighted the situation
of the Karen as well as the Shan, and the increasing restrictions on democratic
space, and continuing harassment and intimidation of human rights activists and
journalists, including through frivolous criminal charges.
In that statement, I expressed my disappointment at
seeing that the repressive practices applied by the previous military
Government are still used by the NLD-led Government. Indeed, the latest
decision to deny me access to the country is a return to the situation that my
predecessors faced under the military government – reporting on the human
rights situation in Myanmar from abroad.
Before I proceed further, let me take this opportunity to
thank the governments of Bangladesh and Thailand as well as the UN entities in
both countries for facilitating my visits. It has always been important for me
to be able to engage directly with the people of Myanmar and not just with the
authorities, as they are the ones whose voices need to be heard. In Bangladesh,
I went to Dhaka but I spent most of my time around Cox’s Bazar where I met
Rohingya refugees in a number of camps and settlements.
In Thailand, I met refugees, human rights activists,
journalists and representatives of ethnic groups in Bangkok, Mae Sot and Chiang
Mai. I sought to meet affected ethnic communities in what the Thai Government
refer to as temporary shelters for displaced persons from Myanmar at the border
between the two countries but I was denied access.
From my meetings and interaction in Bangladesh and
Thailand, three recurrent themes struck me.
First: belonging – the people I met all gave me the
distinct sense that they are dislocated from where they belong. Myanmar is
their home; it is where their parents and grandparents were born; where they
built their homes, and farmed their land. Yet they have been displaced – in
many cases for years, even generations – left living in camps with little or no
access to basic rights – the rights to livelihood, education, and health. Even
for those who were treated as aliens when they were in Myanmar, it is still
where they belong and where they long to return. Sadly, the conditions are such
that they do not know what to expect if they return, or are forced to do
so—many even fear for their lives.
Second: equality – a need for recognition and equal
treatment. The majority of those I met are from ethnic minority groups of
Myanmar. They demand not only equal rights as individuals but also recognition
of parity for all ethnic groups. They are not asking for the benevolence of the
government; they are insisting on equal treatment, collectively and as
individuals.
Third: and this is the most distressing recurring theme –
attacks against ethnic minorities are not a new phenomenon. The atrocities
committed against the Rohingya in the aftermath of the 9 October 2016 and the
25 August 2017 attacks have been – as highlighted by the Karen National Union
in its statement last year marking the two-year anniversary of the nationwide
ceasefire agreement – repeatedly witnessed before, albeit not on the same scale
of the recent attacks against the Rohingya. I was told repeatedly by the other
ethnic groups I spoke to – be they Kachin, Karen, Karenni, or Shan – that they
have suffered the same horrific violations at the hands of the Tatmadaw over
several decades and – in the case of some groups – continuing today.
What the Myanmar government claims to be the conduct of
military or security operations is actually an established pattern of
domination, aggression and violations against ethnic groups. Recent reports of
attacks against civilians; against homes and places of worship; forcible
displacement and relocation; the burning of villages; land grabbing; sexual
violence; arbitrary arrests and detention; torture and enforced disappearances;
are acts that have been alleged against the military and security forces for
generations. While reports from Rakhine State have rightly provoked
international outrage; for many in Myanmar, they have elicited a tragic feeling
of déjà vu.
In Thailand, representatives from different ethnic groups
that I met expressed their concern that as the world’s attention is focused on
the atrocities in Rakhine State, potential war crimes are being committed in
Shan and Kachin State without so much as a murmur of disapproval from the
international community.
Many of you may be unaware that over the Christmas period
and into the New Year, clashes between the Tatmadaw and Ethnic Armed Groups
occurred in both Shan and Kachin states, resulting in the deaths of civilians
and driving thousands of people from their homes. In fact, attacks continued
last week, with airstrikes carried out by the Tatmadaw reportedly killing four
civilians. The fallout from these attacks has been truly grave. I spoke to a
Kachin woman who told me that her relatives are among a civilian group believed
to number in the thousands that are taking cover from these attacks in a forest
in an isolated area of Tanai township that is reachable only by water. Cut off
from the outside world by the fighting, her sister-in-law gave birth to a
little baby girl in the forest just a few days ago, where they both remain. I
do hope that both the mother and the baby, as well as the rest of the civilian
group, are holding up as well as they can in these grave circumstances.
Violence on such a scale has lasting effects. During my
visit to Thailand, I spoke with people who fled similar acts years, even
decades, ago. They have lived since in so-called “temporary” shelters, unable
to enjoy their basic human rights, where they are once again faced with a
perilous situation. Karen refugees told me that the humanitarian assistance
they depend on is declining, while Shan refugees informed me that their aid has
been cut by foreign donors entirely. This is occurring in a context where people
are being encouraged to return home despite feeling that it is premature or
unsafe to do so. They are left to choose between empty stomachs on the Thai
side of the border and a return to a precarious peace on the Myanmar side and
the risk of being made refugees all over again.
On the topic of peace, January has come and gone without
the convening of the 21st Century Panglong Conference. During my mission, I was
told by people of different ethnicities that the peace process is floundering
largely because of the failure of the military and the government to earn the
trust of ethnic groups, and what they see as a lack of a genuine commitment to
peace on the part of officials. The Tatmadaw has reportedly prevented public
consultations taking place between ethnic armed groups and their constituents
while the government appears to be concerned only with reconciling with the
military, rather than with the ethnic groups.
Most disturbingly, peace agreements that are already in
place are failing to prevent violence, most notably in the case of the recent
deaths of one civilian and three soldiers of the Karenni National Progressive
Party (KNPP), who were shot dead by Tatmadaw on 20 December. While the Tatmadaw
claims that the four were killed in a shootout with the KNPP, the KNPP say they
were summarily executed. The allegation must be investigated by an independent
and impartial body; if proven true, it would amount to a violation of
international humanitarian law.
Set against this background of violence in the ethnic
areas of Myanmar, is a continuing erosion of democratic space. The civilian
government has failed to usher in a new era of openness and transparency and is
instead persisting with repressive practices of the past. I was deeply saddened
to learn that nine Rakhine Buddhist demonstrators were killed in Mrauk U last
month and by reports that other injured demonstrators were arrested in hospital
where they were handcuffed to their beds. This is truly shameful and cruel.
While preparing this statement, I learned that the Mrauk U administrator was
killed in an apparent revenge attack – a grisly reminder that violence begets
violence.
Other tactics are also being employed to curtail freedom
of peaceful assembly. I was surprised to learn that at least 40 university
students have been expelled in the last week for taking part in protests
calling for an increase in the education budget. Given the NLD’s connections
with generations of student activists, I would have thought that it would
fiercely protect the rights of students to speak out, rather than silence their
voices.
Journalists are faring no better. I have been informed
that since the arrests of Irrawaddy and DVB journalists who attended a drug
burning ceremony in Shan State last year, journalists are fearful of travelling
to ethnic areas to report on events in non-government controlled regions in
ways that may provoke the ire of the government. Since the conviction of two
Kachin Baptist pastors in October 2017, people are also too afraid to speak to
the media. The two had allegedly helped journalists report on a potential war
crime committed by the Tatmadaw in November 2016 in Kachin State. The result is
a culture of fear, silence and self-censorship, and a situation where the
public only get to hear the government or military version of events.
Despite these obstacles, some journalists have
courageously continued their work. In December last year, Reuters journalists
Kyaw Soe Oo and Wa Lone were arrested having traveled to Rakhine to
investigate a massacre by the Tatmadaw. Of all the deaths that occurred in
Rakhine after 25 August, the military has only accepted responsibility for ten
– the ten in Inn Din village – and that may be due to the work of these two
brave men. Their fearless work highlights the absolutely invaluable role of
independent journalism. I remain deeply perplexed and concerned that they
remain in detention despite the military having admitted responsibility for the
killings at Inn Din. To say that their prosecution is under “the rule of law”
is no excuse for spurious charges; they should be released immediately and the
charges against them must be dropped. As I and the Special Rapporteur on
Freedom of Expression have stated previously, “journalism is not a crime”.
This brings me to my visit in Bangladesh. During this
visit to Cox’s Bazar, I saw a completely different landscape than in my first
visit in February 2017. No amount of videos, photographs or news footage can
prepare you for witnessing in-person the immensity of the camps and gravity of
the loss and suffering experienced by the Rohingya population. I was
particularly shocked when I looked over the Kutapalong-Balukhali settlement
expansion where nearly 600,000 people live, and saw the densely packed
tarpaulin and bamboo shelters built by incredibly resilient refugees that
stretch beyond the horizon. The number of those who fled from Rakhine State
since 25 August 2017 currently stands at 688,000, and still there are reports
of new arrivals.
In each of the camps and settlements I visited were
Rohingya who came from various areas of northern Rakhine. While I listened to
each unique and horrific experience, the recurring themes I mentioned earlier –
the sense that people have been wrenched from where they belong; their demands
for equality; and that tragic sense of déjà vu, that this violence was not new
– struck me again and again.
I met over 100 refugees during my time in Bangladesh. I
listened as Imams stoically struggled through accounts of their villages being
attacked until they broke down when revealing that their children were killed –
either burned alive or shot by Myanmar security forces. I spoke to someone who
is the only surviving member of his family following the widely documented
massacre at Tula Toli. Through anguish and tears he told me how the military
came and called him and his family out of their homes, and then gathered and
surrounded them. “[They] started shooting, so we huddled closer together—women
were taken to rooms in houses, raped and killed. Then they lit everything on
fire – my baby son was thrown into the fire. My wife was killed.” I listened to a grandmother who fled with her
daughter-in-law and young children. Her 3-year-old grandson witnessed the
slaughtering of his father. The little boy described seeing what no child
should ever have to witness – “they chopped my father”.
The Government of Bangladesh has continued to be generous
in their response in all sectors despite having limited resources themselves.
Particularly I want to draw attention to the people of Bangladesh – the
communities of Cox’s Bazar – they have shown the world the definition of
humanity as they continue, despite their own hardships, to host and exhibit
compassion for the Rohingya people.
During my visit, it became clear to me that the Rohingya
population will not be moving from Bangladesh any time soon, and this led to
serious concerns about what will happen to them when the rains start in just
two months. A day of rain could trigger landslides and flood lowlands
decimating shelters, and could lead to casualties. International partners stand
ready to support the Government of Bangladesh in preparing and responding to
the cyclone and monsoon season. But failure to act decisively now will result
in a disaster within a disaster for the Rohingya: adequate land and resources
must be made available to mitigate the worst.
Talks of repatriation at this time are clearly premature.
While the government of Bangladesh made it clear to me that no refugees would
be forced back to Myanmar, I remain concerned about whether any safeguards
exist to ensure that any returns are truly voluntary, safe, dignified and
sustainable. I saw great anxiety and fear when I spoke to refugees about the
prospect of returning to Myanmar. One mother said to me, “Our beautiful
children were slaughtered, how can we go back?” Refugees have been entirely
excluded from conversations about their fate, and going forward they must be
involved in a meaningful way. The majority of Rohingya I spoke to clearly state
they want to go home but only if they can return to a home where they are
recognized as Rohingya, have rights as citizens, and can live in their place of
origin without fear of being attacked.
Creating a conducive environment depends on the Myanmar
government, and my discussions with different stakeholders, together with
information I have received about the current situation in Rakhine, lead me to
doubt that they are sincere and genuinely engaged in doing so. This is shown by
their continued refusal to engage with UNHCR, including giving full access to
northern Rakhine. And further, their request to extradite 1,311 named Rohingyas
whom they allege are terrorists. The Myanmar authorities have even gone so far
as to publish this list online and in state newspapers with pictures of those
named – in clear violation of their rights to due process – contributing
further to the climate of fear. Myanmar is keeping the world in the dark, and
the international community appears unwilling to challenge the government of
Myanmar under the leadership of Aung San Suu Kyi.
I note the statement recently made by the Chair of the
Advisory Board to the Committee for Implementation of the Recommendations on
Rakhine State mentioning that the villagers His Excellency had met did not seem
to have any fear. It is unfortunate that HE Prof. Dr. Surakiart Sathirathai was
unavailable to meet with me in Bangkok. If we had met I would have asked if he
and the Board intend to make a visit to Cox’s Bazar to ask the refugees there
if they have any fear of returning; whether they trust the very institution
that they say had perpetrated violence against them to provide security if they
return; and what is the Board’s view of
the provision in the Bangladesh-Myanmar repatriation agreement, which imposes
on returnees National Verification Cards – contrary to the voluntary nature of
the citizenship verification process called for by the Kofi Annan Commission.
Throughout my mission, in Bangladesh and in Thailand, I
was heartened by the words of encouragement I have received. People from
Myanmar of different backgrounds and ethnicities – be they refugees,
journalists, human rights defenders or political activists – expressed their
regret and disappointment that I have been denied entry to Myanmar and the
space to continue what they see as crucial work in the promotion and protection
of human rights in their country. I hope that I will gain access again soon; I
remain ready to work with the government and other stakeholders to promote and
protect the human rights of all people of Myanmar.
After two weeks hearing accounts of suffering that has
spanned a period of decades, it is difficult to sum up all my thoughts in this
statement. In concluding, I would like to return to the three themes that
recurred throughout my time in Bangladesh and Thailand:
People from Myanmar who are in Bangladesh and Thailand
must be able to return home; to where they belong. For returns to be ever
realized in a way that is voluntary, safe, dignified and sustainable they must
be treated as equals – citizens of Myanmar with all the rights that the status
affords. The situation is clearly not safe for Rohingya to return now but if
the process is delayed indefinitely and the facts on the ground in Rakhine
State change irreversibly, there may be nothing for them to return to. The
international community needs to pressure Myanmar to create conditions for
return before it is too late. This must be done in a principled way that
prioritizes the need for these people to be recognized as Rohingya and as
citizens of Myanmar.
Without equality, Myanmar will never be free from
violence and the country’s tragic déjà vu will reverberate through the future as
it has through the past. The cycle of violence must end, and Myanmar must be
supported in implementing the profound and meaningful reforms that are so
urgently needed. The democratic government can take the first step to a more
hopeful future for Myanmar by making a break with the repressive practices of
the past.
Thank you for your attention.