Monday, August 13, 2018

Leaked Pompeo statement shows debate over 'genocide' label for Myanmar

The Secretary of State plans to speak this week about a State Department investigation into a horrific campaign of violence against Myanmar's Rohingya minority.
By NAHAL TOOSI
A State Department investigation has found that Myanmar’s military exhibited “premeditation and coordination” ahead of a slaughter of Rohingya Muslims last year in one of the decade’s most horrifying mass atrocities.

But days before Secretary of State Mike Pompeo plans to deliver a speech on the subject, the Trump administration has apparently not yet decided whether to call it a “genocide.”

Draft excerpts from a Pompeo statement obtained exclusively by POLITICO include the bracketed phrase “hold for determination” in a passage that will offer Pompeo’s conclusion about how to describe the vicious campaign against one of Myanmar’s most vulnerable ethnic minority groups.

That conclusion has been the subject of intense debate within the Trump administration, officials say. Declaring a genocide — typically defined as a premeditated effort to wipe out some or all of a specific ethnic or religious group — could commit the U.S. to punitive steps toward a country in which President Donald Trump has shown little interest.

State Department officials expect Pompeo to issue the statement later this week, ahead of the Aug. 25 one-year anniversary of the Myanmar bloodshed, which left thousands of Rohingya dead and prompted around 700,000 to flee to neighboring Bangladesh. It’s not clear whether the drafts excerpts, which describe the investigation’s findings, are from Pompeo’s planned speech or a separate public message.

Rohingya Muslims have faced persecution for decades in Buddhist-majority Myanmar, which is also known as Burma. Investigators hired by the State Department gathered testimonies from survivors who described seeing villages torched, children tossed into rivers and flames, and women gang-raped, the draft excerpts say.

A State Department spokesman declined to comment on the investigation’s findings or any upcoming Pompeo’s statement. A Trump administration official warned that the draft text, which is marked “sensitive but unclassified,” could still change as State Department and White House officials jockey over the outcome, a process that has already entailed tense meetings and many a frustrated email.

The United States has often avoided labeling atrocities “genocide,” in part because doing so could in theory obligate the U.S. under international law to intervene, especially if the violence is ongoing. An international convention on genocide, to which the U.S. is a party, declares genocide to be “a crime under international law” which the nations who signed the document “undertake to prevent and to punish.”

Thus far, the State Department has described what happened to the Rohingya as “ethnic cleansing,” which has little weight in international law.

One prominent official who appears to support declaring a genocide is the U.S. ambassador-at-large for religious freedom, Sam Brownback. He is supported by many officials in State’s human rights bureau.

The State Department’s legal division, on the other hand, opposes the label “genocide” because it’s not convinced the U.S. can clearly establish the Myanmar military’s intent, according to the administration official. That office is supported by officials in the department’s East Asian and Pacific Affairs bureau who are concerned about a possibly counterproductive effect on U.S. relations with Myanmar, a country under hybrid civilian-military rule that American officials hope to move out of China’s orbit.

Supporters of a genocide ruling point to former Secretary of State John Kerry’s decision to apply the word to Islamic State brutality against Christians, Yazidis and Shiite Muslims in Iraq and Syria. The Trump administration has endorsed that Barack Obama-era decision.

It’s not clear if Pompeo will release the full State Department report of its investigation’s findings. But the draft excerpts provided to POLITICO are unsparing in describing accounts by more than 1,000 Rohingya survivors scattered in decrepit refugee camps in Bangladesh.

The survivors described actions by Myanmar’s armed forces that were “widespread, systematic and extreme,” the draft excerpts state. Women, the elderly were often treated the most brutally — along with small children.

“Soldiers threw infants and small children in open fires, rivers, wells and burning huts,” the draft excerpts state. “One refugee reported that a soldier threw an infant in the air and impaled it on a long sword.”