COMMUNICATION TO:

United Nations Human Rights Council


o Special Rapporteur on the situation of human rights in Myanmar

o Working Group on Enforced or Involuntary Disappearances

o Special Rapporteur on extrajudicial, summary or arbitrary executions

o Special Rapporteur on the rights of indigenous peoples

o Special Rapporteur on the human rights of internally displaced persons

o Special Rapporteur on minority issues

o Special Rapporteur on freedom of religion or belief

o Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

o Special Rapporteur on violence against women, its causes and consequences


Re: Human Rights Violations against Rohingya people that have taken place since October 2016 by the Government of Myanmar including its Military and law enforcement.


On behalf of 48 victim survivors of the human rights violations allegedly by the Government of Myanmar including its own military and law enforcement, Asian Dignity Initiative is hereby submitting communication to the numerous mandate holders of the United Nations Special Procedures as listed above for the constructive dialogue with the Government of Myanmar. It is noted that the names listed in this report are real ones and the victim survivors wish to remain anonymous when you communicate with the Government of Myanmar for their safety concern. Please do not hesitate to contact if you have any inquiry with respect to submission of this communication. We thank you.


Sincerely yours,

Asian Dignity Initiative


Summary


On October 9, 2016, Harakah al-Yaqin, an armed group that pursues the terminatin of Rohingya persecution, attacked three places including a police station and guard posts in Maungdaw township located in the northern part of Rhakine State. In this attack, nine police officers died and guns and bullets fell into the hands of Harakah al-Yaqin. In order to subjugate Harakah al-Yaqin, the Myanmar Army and the Border Guard Police blocked every access to the related areas. The government expanded curfew, shot down schools, and prohibited gatherings of more than five people. The media’s approach was also controlled and humanitarian aid was blocked.


Under the government’s massive counter-insurgency operation, 300-2,000 troops worked in small unit to search the whole villages. The search was conducted unawares once every two or three days or sometimes four times a day. The village’s residents survived by taking refuge in the mountain when soldiers raided the village and coming back after they left. Some escaped to another village, but there was no such thing as a safe place.


According to the Myanmar Government, the operation lasted for four months until the third week of February in 2017. However, it is still early to confirm this as a fact with the recent series of reports that contradict the government’s statement. The Myanmar Government is detaining about five hundred suspects under arrest some of whom have been sentenced or still on trial. The detained people’s rights to legal aid and have visitors are limited. The UN has estimated that more than a thousand people died with the government’s counter-insurgency operation. About fifteen hundred buildings and houses were destroyed by arson and seventy-five thousand people became refugees. A lot of refugees are staying at the temporary refugee camp in Bangladesh, but there are also a lot of internally displaced people in Myanmar.


To summarize the interviews of the surviving victims conducted by ADI: First, the Myanmar Army and the Border Guard Police murdered Rohingya civilians in Maungdaw township, located in northern Rakhine State, with indiscriminate firing, firing at close range, battery, arson, deadly weapons (sword), rape, etc. Children could not avoid the brutal murder, either; Second, majority of the Rohingya men was arbitrarily arrested and then went missing afterward; Third, the Army and the Border Guard Police battered Rohingya civilians with rifle’s gunstock, club, and military boots while women fell victim to rape, gang rape, and sexual violence; Four, houses and buildings were set on fire or destroyed and the villagers were looted of their property including money, gold accessories, food, livestock, and so on.


The Myanmar Government completely denies the suspicion of human rights violation raised by the UN, international human rights groups, and media. The Government argues that the armed forces set fire with an intention to shift the blame to the Army and induce international support. In addition, the Government denied the suspicion of rape by defining it ‘false information’. After last October, the Myanmar Government has established four investigation committees and conducted investigation activities. Nevertheless, the credibility and effectiveness of the investigation are doubted, as the construction and activities of the committees are neither independent nor impartial and lack expertise in human rights. Moreover, no person has been investigated, put on trial, or sentenced so far regarding serious human rights violation cases.


The Myanmar Government should conduct prompt, independent, and impartial investigation, punish the people responsible for serious human rights infringement, and take appropriate measures to compensate the surviving victims. The Myanmar Government should provide humanitarian aid to the people internally displaced after the counter-insurgency operation.


If the Myanmar Government has no will or lacks ability to take such measures, the international community should promptly intervene and take it to the International Criminal Court to see if this case fits as genocide or a crime against humanity and punish the people responsible and provide support to the surviving victims so that their rights are restored.


* To download the full version, click the following: 


UN Communication letter and Report on Rohingya minority.pdf


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