UN News, 27 June 2018, Human
Rights
The United Nations rights expert on Myanmar is “strongly”
recommending that the International Criminal Court (ICC) investigate and
prosecute those allegedly responsible for “decades of crimes” in the form a
grave violations of international human rights and humanitarian law inside the
country.
In an oral briefing to the Human Rights Council on
Wednesday, Special Rapporteur Yanghee Lee underscored that accountability for
crimes committed in Myanmar “is the only way” to end the long-term cycle of
violence.
“I strongly recommend the persons allegedly responsible
for the violations of international human rights law and international
humanitarian law be
investigated and prosecuted by the ICC or a credible mechanism,” she
said. https://ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23268&LangID=E
Since late August 2017, widespread and systematic
violence against Myanmar’s mainly-Muslim minority Rohinyas, has forced hundreds
of thousands to flee their homes in Rakhine state and seek refuge across the
country’s border, in Bangladesh.
Even though the number of new arrivals has tapered off
and an agreement reached on establishing conditions in Myanmar to allow the
refugees to return voluntarily and in safety, UN agencies on the ground have
reported that such conditions are yet not present.
In her briefing, Ms. Lee also drew attention to the possible war crimes and
crimes against humanity by security forces in other regions of Myanmar,
including in Kachin and Shan states, where other minorities have endured
protracted conflicts since shortly after the country gained independence in
1948, she said. https://news.un.org/en/story/2018/05/1009802
“Far too many crimes have been committed, and have been
documented and reported with scant consequences faced by those who perpetrated
them,” said the Special Rapporteur.
The UN human rights expert also voiced “deep concern”
over the “apparent inability” of the UN Security Council to unite to refer the
situation to the ICC, and urged the Human Rights Council, “as a matter of
urgency”, to back her proposal to establish an international accountability
mechanism.
She explained that the mechanism should have three
components: first, to interview victims, investigate and document alleged
violations and abuses, and consolidate investigations already undertaken;
second, the mechanism should have legal and judicial experts to examine
patterns and trends of violations; and third, the development of a framework
for victim support in their pursuit of “justice, reconciliation and
reintegration”.
“To prepare for credible investigation and prosecution,
and in order to finally put an end to decades of such crimes and to take
effective measures to bring justice, I recommend that the [Human Rights]
Council establishes an accountability mechanism under the auspices of the UN
without delay,” she said.
SEE ALSO: Photo story ‘Rakhine crisis: UN
responds to mass exodus from Myanmar’ https://news.un.org/en/gallery/520151
Special Rapporteurs and independent experts are appointed
by the Geneva-based Human Rights Council to examine and report back on a
specific human rights theme or a country situation. The positions are honorary
and the experts are not UN staff, nor are they paid for their work.
The mandate
of the Special Rapporteur on the situation of human rights in Myanmar was first
established in 1992. Since then, it has been extended annually, and broadened
on two occasions –in 2014, in relation to the electoral process and in 2016,
concerning priority areas for technical assistance. https://ohchr.org/EN/HRBodies/SP/CountriesMandates/MM/Pages/SRMyanmar.aspx
In December last year, the Government of Myanmar denied all access to Ms.
Lee and withdrew cooperation for the duration of her tenure. https://news.un.org/en/story/2017/12/639982-un-rights-expert-disappointed-myanmars-decision-refuse-visit