By Olivia Enos
1) A designation counters the narrative that
the U.S. doesn’t care about human rights. Some in the international community are
questioning the U.S. commitment to advancing human rights. Designating crimes
committed against Rohingya as genocide, crimes against humanity and war crimes
can counter that narrative by demonstrating that the U.S. responds to
atrocities. Atrocities committed against Rohingya are among the most
significant human rights abuses committed during the Trump presidency. A strong
U.S. response would telegraph to other countries that the U.S. continues to
support freedom and human rights. Failure to do so has the potential to
embolden bad actors who will believe that there are no negative consequences
for their diplomatic relationship with the U.S. for violating human rights.
Nearly 800,000 Rohingya refugees, currently
living in Bangladesh, are trying to heal from wounds inflicted by what the UN
deemed as genocide, crimes against humanity, and war
crimes. It’s been more than a year since those mass atrocities took
place in Burma, yet the U.S. government still has not issued a determination on
the crimes committed. https://www.ohchr.org/en/countries/asiaregion/pages/mmindex.aspx
There is no shortage of testimony, evidence,
and investigation corroborating that genocide, crimes against humanity, and war
crimes occurred. But in its report, ‘Documentation of
Atrocities in Northern Rakhine State,’ the U.S. stopped short of
applying those terms. Instead, the administration continues to call what
happened ethnic cleansing – a phrase employed by
former Secretary of State Rex Tillerson in the immediate aftermath of August
2017.
The current designation falls far short of
reality.
Authorities already exist for the U.S.
government to issue a determination and, in fact, it is in the administration’s
interests to do so. No legal investigation is necessary: the data is already
there, and the Secretary of State has the prerogative to issue a designation at
any place and time.
Secretary Pompeo should do so for many
reasons. Here are five that are particularly important.
2) A designation demonstrates U.S. commitment
to preventing atrocities. The Obama administration designated ISIS actions against
Yazidis, Christians and Shi’a Muslims as genocide. After Secretary Kerry issued
the genocide determination in March 2016, the
administration took minimal follow-on action. https://2009-2017.state.gov/secretary/remarks/2016/03/254782.htm
However, the Trump administration, through
its Genocide Recovery and Persecution Response Program,
which allocated nearly $300 million toward assisting victims of ISIS genocide
in Iraq, acted on the Obama administration’s ISIS genocide determination. https://www.usaid.gov/news-information/press-releases/nov-9-2018-usaid-administrator-mark-green-remarks-genocide-persecution-response-roundtable
Such determinations transcend administrations
and ensure that survivors receive the help they need. Should the Trump
administration issue a determination of its own on the Rohingya, it would
demonstrate moral and political leadership and serve as an opportunity for the
administration to highlight its burgeoning atrocity prevention policy. It is
also an opportunity to recast the nearly $400 million
in assistance the U.S. already provided to the
Rohingya as direct assistance to victims of atrocity crimes
3) A designation is likely to increase burden-sharing
among countries. Credit should be given where credit is due. The U.S. provides
more aid to the Rohingya than any other country. Now, more than a year since
the crisis escalated, donor fatigue is setting in. A designation may serve as a
catalyst for other countries to provide aid.
4) A designation will put the U.S. “free and
open Indo-Pacific” strategy into action. The Trump administration’s Asia
strategy is predicated on promoting a free and open Indo-Pacific. The U.S. has
long sought to establish a foundation for a free and open Burma – principally
through its support for a democratic reform process that is currently stalled.
An authentic democratic reform process requires the acknowledgement of
atrocities and a commitment to remedy wrongs committed. Perhaps most
fundamentally, a country cannot be democratic if it fails to protect the basic
rights of its citizens, which includes the Rohingya. Those who promote
democratic reform should be supportive of a genocide determination because it
is a necessary step toward reform.
5) A designation is an opportunity for the
U.S to reset its policy toward Burma. The Trump administration has yet to
establish a comprehensive strategy toward Burma. Treasury issued a limited
number of Global Magnitsky sanctions against Burmese military officials known
for their role in perpetrating violence against Rohingya and designated the
33rd and 99th Light Infantry Divisions. These designations stopped short of
targeting the chief architect of the crimes: Senior General Min Aung Hlaing.
They also stopped short of undertaking a comprehensive overhaul of U.S. policy
toward Burma. The events of August 2017 were a turning point, which should
trigger a reevaluation of overarching Burma policy. Many geostrategists express
concern over China’s influence in Burma, but few have suggested a comprehensive
U.S. policy toward Burma, one that frames U.S. strategy in a way that addresses
the root of the problem: the Burmese military’s disproportionate control over
the day-to-day governance. Holding the Burmese military accountable through a
more robust sanctions policy has the potential to hamstring the military while
granting greater authority and legitimacy to the civilian government. A
determination by the U.S. that corroborates the UN’s findings on genocide,
crimes against humanity and war crimes, will discredit the military further and
contribute to a policy that supports political reform and the stability of
Burma’s civilian leadership.
For these reasons and many more, the U.S.
should issue a determination on crimes committed against Rohingya, continue to
provide robust humanitarian assistance, issue additional targeted financial
measures against those responsible for crimes committed, and undertake a
comprehensive reset of U.S. policy toward Burma.
A determination is a necessary first step
toward righting the wrongs committed against Rohingya. U.S. leadership is
critical to galvanizing, critical, life-saving support in the aftermath of the
Rohingya crisis. The U.S. should take these steps to demonstrate its enduring
leadership in promoting rights and freedoms, not only in Burma, but across the
globe.