ISSUE N°2 MARCH 2017

ARAKAN BULLETIN

A MONTHLY REVIEW OF EVENTS IN ARAKAN STATE

INTERNATIONAL

PERMANENT PEOPLE’S TRIBUNAL

The first hearing of the Permanent People’s Tribunal on Myanmar’s State Crimes against Rohingya, Kachin and

other ethnic groups took place on March 6 and 7. The Opinion Tribunal urged ASEAN and the UN to take action

to prevent further violence in Myanmar. A legal team from Malaysia presented evidence based on interviews

with refugees who witnessed and/or were victims of the violence committed since 2012. Written comments

from the Dalai Lama calling for ending violence against Muslims in Myanmar were read during the session.1

The Opinion Tribunal will hold its final session in Malaysia before the end of the year.2

HUMAN RIGHTS COUNCIL – 34TH

SESSION

The 34th

session of the Human Rights Council (HRC) took place between February 27th

and March 24th

2017.

On March 13th

, the Special Rapporteur on the Situation of Human Rights in Myanmar Yanghee Lee, presented

her report to the Council. She stressed the inadequate mandate and lack of independence of the several

commissions established by Myanmar. She therefore called for “a Commission of Inquiry to investigate the

1 The Sydney Morning Herald, Dalai Lama adds voice to Pope’s in calling for the persecution of Rohingya to end

(March 3 2017), http://www.smh.com.au/world/dalai-lama-adds-voice-to-popes-in-calling-for-the-persecution-of-rohingya-to-end-20170303-gupz06.html 2 New Straits Times, Tribunal on Myanmar’s State Crimes against Rohingya urges end to genocide (9 March

2017), http://www.nst.com.my/news/2017/03/219176/tribunal-myanmars-state-crimes-against-rohingya-urges-end-genocide

KEY EVENTS OF THE MONTH:

During its 34th

session, the Human Rights Council decided to send an

international fact-finding mission to Myanmar to investigate alleged human

rights violations committed by the military and security forces in Myanmar, in

particular in Arakan state.

As a result of the October 2016 military crackdown, an estimated 94,000

individuals have been internally displaced or have fled to Bangladesh. Since

October 9, more than 400 people have been arrested and detained on charges of

consorting with insurgents.

On March 16th

, the Advisory Commission on Rakhine State -chaired by former

UN Secretary General Kofi Annan- released an interim report. Its

recommendations were welcomed by the government which committed to

implement them subject to security concerns.

systematic, structural, and institutional discrimination in policy, law and practice, as well long-standing

persecution, against the Rohingya and other minorities in Rakhine State”. 3

This call repeated the

recommendation contained in her report released on March 1st

which also stated that the abuses committed

against the Rohingya “may amount to crimes against humanity”.4

On March 24th

, the Human Rights Council adopted by consensus (without a vote) the resolution tabled by the

European Union and co-sponsored by the United States and Australia. Several countries, including China, the

Philippines and India, voiced their opposition to the decision “to dispatch urgently an independent

international fact-finding mission to be appointed by the President of the Human Rights Council to establish

the facts and circumstances of the alleged recent human rights violations by military and security forces, and

abuses, in Myanmar, in particular in Rakhine State [...]”.5 The HRC resolution also extended the mandate of the

UN’s Special Rapporteur on Myanmar, Yanghee Lee.

The same day, the government of Myanmar dissociated itself from the resolution as a whole. In a press

release issued by the Ministry of Foreign Affairs, it warned that “the establishment of an international Fact

Finding Mission would do more to inflame, rather than resolve the issues at this time”.6 On March 27

th, Senior

General Min Aung Hlaing, the commander-in-chief of the defence services stated that any international

political intervention would be a threat to Myanmar’s sovereignty.7 He added: “The Bengalis in Rakhine state

are not Myanmar citizens and they are just people who come and stay in the country”.8

UN SECURITY COUNCIL

In mid-March, a short statement from the UN Security Council was blocked by China backed by Russia, after

Great Britain requested a meeting to discuss the situation in Arakan State. The statement would have "noted

with concern renewed fighting in some parts of the country and stressed the importance of humanitarian access

to all affected areas."9

DEMOCRACY AND GOVERNANCE

NATIONAL-LEVEL INVESTIGATIONS

3 Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee, Statement at the 34

th session

of the Human Rights Council (13 March 2017), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21355&LangID=E 4 Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee, Report (1 March 2017),

http://yangon.sites.unicnetwork.org/files/2017/03/A_HRC_34_67_EN.pdf 5 Human Rights Council, Situation of human rights in Myanmar – A/HRC/34/L.8/Rev.1 (Thirty-fourth session, 27

February – 24 March 2017), available at https://documents-dds-ny.un.org/doc/UNDOC/LTD/G17/073/88/PDF/G1707388.pdf?OpenElement, §11 6 Myanmar Ministry of Foreign Affairs, Press release issued by the Ministry of Foreign Affairs on UN Human

Rights Council’s resolution calling for the dispatch of an international Fact Finding Mission (24 March 2017), http://www.globalnewlightofmyanmar.com/the-following-the-full-text-of-the-press-release-issued-by-the-ministry-of-foreign-affairs-on-un-human-rights-councils-resolution-calling-for-the-dispatch-of-an-international-fact-finding-mi/ 7 The Irrawaddy, Army Chief: Tatmadaw will prevent political intervention on Rohingya’s Behalf, (27 March

2017), https://www.irrawaddy.com/news/burma/army-chief-tatmadaw-will-prevent-political-intervention-rohingyas-behalf.html 8 Ibid.

9 Reuters, China, Russia block U.N. council concern about Myanmar violence (17 March 2017),

http://www.reuters.com/article/us-myanmar-rohingya-un-idUSKBN16O2J6

On March 16th

, the Advisory Commission on Rakhine State -chaired by former UN Secretary General Kofi

Annan- released its interim report. It issued recommendations within 5 thematic areas: humanitarian

assistance, conflict prevention, reconciliation, development and institution building. The commission recalled

that its mandate did not include investigating alleged human rights abuses. 10

Additionally, the report did not

use either the term “Rohingya” or “Bengali” in accordance with State Counsellor Aung San Suu Kyi’s request.

The commission will release a final report later this year.

In a statement issued the same day by the State Counsellor’s Office, the government of Myanmar welcomed

the interim report and committed to implement its recommendations. According to Champa Patel, Amnesty

International’s Director for Southeast Asia and the Pacific, “the commission’s recommendations do not far

enough to address the increasingly dire situation on the ground. There is much more the authorities can and

should do, including lifting restrictions on freedom of movement for the Rohingya and other Muslims”.11

On March 19 and 20, members of the commission appointed by the Rakhine State Hluttaw visited Cox’s

Bazaar refugee camp in Bangladesh. The Dhaka Tribune has reported the commission’s members labeled as

lies Rohingya refugees’ claims of rape, torture and murder by the military in the aftermath of October’s

attacks.12

ACCESS TO NORTHERN ARAKAN STATE

On March 28, 18 journalists – both local and international – started a three day trip to Maungdaw Township.13

From March 28 to March 31, a 13-member delegation of EU diplomats was also granted access to Arakan State.

They met with key local stakeholders including the Arakan State chief minister and political parties. They also

visited villages where human rights violations were allegedly committed in Maungdaw Township, including Dar

Gyee Zar and Kyee Kan Pyin.

HUMAN RIGHTS

RAPES AND SEXUAL VIOLENCE

On March 30 in the village of Kya Kaung Taung (Arakan State), three Rohingya women told journalists that they

were raped by the military during security operation in January. Two of them filed cases at the police station of

Nga Khu Ya village on the same day. According to the Maungdaw Border Guard Police Force, 18 cases of

alleged rape and murder committed in Maungdaw by security forces are now under investigation by

authorities.14

10 Advisory Commission on Rakhine State, Interim report (16 March 2017),

http://www.rakhinecommission.org/statement-kofi-annan-chair-advisory-commission-rakhine-state-interim-

report/ 11

Amnesty International, Myanmar: Act now on Rakhine Commission report (17 March 2017), https://www.amnesty.org/en/latest/news/2017/03/myanmar-act-now-on-rakhine-commission-report/ 12

Frontier Myanmar, Commission members called us liars, say Rohingya in Bangladesh (23 March 2017), http://frontiermyanmar.net/en/commission-members-called-us-liars-say-rohingya-in-bangladesh 13

The Irrawaddy, EU Delegation to Visit Arakan State’s Maungdaw Township (29 March 2017), https://www.irrawaddy.com/news/burma/eu-delegation-to-visit-arakan-states-maungdaw-township.html 14

The Irrawaddy, Three Women in Maungdaw Allege Rapoe by Burma Army Soldiers (31 March 2017), https://www.irrawaddy.com/news/burma/three-women-in-maungdaw-allege-rape-by-burma-army-soldiers.html

CITIZENSHIP AND VERIFICATION PROCESS

While describing the citizenship verification process as being so far unsuccessful, the Rakhine Advisory

Commission has urged the government to “establish a clear strategy and timeline for the citizenship verification

exercise”.15

The citizenship verification process is currently being rejected by both Rohingya Muslims and the Rakhine

community. Because of perceived discrimination and lack of transparency, many Rohingya have refused to

participate.16

In her statement to the Human Rights Council on March 13th

, Yanghee Lee stated that:

“Currently, a citizenship verification exercise under this discriminatory law is underway and despite

understandings that the process should be voluntary, I receive continuing reports of Rohingya being coerced

into undergoing the process as otherwise they are not allowed fishing licenses, to carry out work as a national

staff member of an international organization, sit for matriculation exams in schools or even receive food

assistance.”17

The Arakan National Party (ANP) has been particularly vocal against the process, fearing that ineligible “illegal

immigrants” would get citizenship. On March 19th, the Party led a protest in Sittwe. One day later, a seven-

member investigation committee – led by the Arakan National Party’s regional parliamentarian U Tun Aung

Thein - submitted its findings to the Arakan State parliament. The Arakan State parliament had formed the

committee in early 2017 to monitor the work of the township level National Verification Card (NVC)

securitization body. ANP committee member U Kyaw Zaw Oo “said they had observed a “reckless sign-off” on

approval of full citizenship pink cards to Muslim applicants in Buthidaung”.18

INTER-RELIGIOUS TENSIONS

HATE SPEECH

State Sangha Maha Nayaka Committee imposed a sermon ban on radical monk Wirathu for a year. The reason

invoked was that he "had delivered hate speech against religions to cause communal strife and hinder efforts to

uphold the rule of law".19

Wirathu is an outspoken member of the MaBaTha movement who recently

welcomed the assassination of Muslim lawyer U Ko Ni in January 2017. In 2013, Time magazine had pictured

him as “the face of Buddhist terror”.20

SECURITY

15

Advisory Commission on Rakhine State, Interim report (16 March 2017), http://www.rakhinecommission.org/statement-kofi-annan-chair-advisory-commission-rakhine-state-interim-report/ , at 11 16

UN OCHA, Myanmar : Northern Rakhine Flash Update No.1 (as of 8 March 2017), http://reliefweb.int/sites/reliefweb.int/files/resources/170308%20Myanmar%20Flash%20Update.pdf 17

Special Rapporteur on the Situation of Human Rights in Myanmar Yanghee Lee, Statement at the 34th

session of the Human Rights Council (13 March 2017), http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21355&LangID=E 18

The Irrawaddy, Parliamentary Committee Contests Full Citizenship for Maungdaw Muslims (22 March 2017), https://www.irrawaddy.com/news/burma/parliamentary-committee-contests-full-citizenship-maungdaw-muslims.html 19

The Sydney Morning Herald, Myanmar monk Wirathu, dubbed ‘face of Buddhist terror’ gagged by authorities (12 March 2017), http://www.smh.com.au/world/myanmar-monk-wirathu-dubbed-face-of-buddhist-terror-gagged-by-authorities-20170312-guw9jt.html 20

TIME, The Face of Buddhist Terror (1 July 2013), http://content.time.com/time/magazine/article/0,9171,2146000,00.html

MASS DETENTIONS

Since October 9, more than 400 people have been arrested and detained on charges of consorting with

insurgents.21

After she visited Buthindaung prison, Yanghee Lee said that most detainees “did not have lawyers,

were not informed of the charges against them and had not been able to contact their families”.22

A police document dated of March 7 and seen by Reuters indicates that 13 children as young as 10 years old

have been arrested. Myanmar is a party to the Convention on the Rights of the Child, yet it is not possible to

verify if international standards – including access to legal assistance - are being met for those children accused

of crimes. All 13 juveniles are reportedly being detained in Buthidaung town, at a Border Guard Police facility

and not in prison.23

ALLEGATIONS OF TERRORISM

The Arakan Rohingya Salvation Army (ARSA), previously known as Harakah al-Yaqin, reportedly released its first

public statement on March 29th

. The statement described the group’s mission as to “defend, salvage and

protect Rohingya community in Arakan with our best capacities as we have the legitimate right under

international law to defend ourselves in line with the principle of self-defence”.24

In the preamble to its 20

demands to the Myanmar government, the group affirmed it does “not associate with any terrorist group in the

world”.25

Later that week, the presumed leader of the group, Ata Ullah, appeared in an independently conducted media

interview. While denying once more any connections with terrorist organisations, he said: “If we don't get our

rights, if 1 million, 1.5 million, all Rohingya need to die, we will die …. We will take our rights. We will fight with

the cruel military government."26

Zaw Htay, the State Counsellor’s spokesman told Reuters that “if they attack us violently, we will respond the

same way. Nowhere in the world would violent action be tolerated”.27

HUMANITARIAN AID

Humanitarian activities have increasingly resumed in Arakan State since the beginning of 2017. In March, the

government of Japan28

and the President of the Philippines29

committed to donate substantial amounts for

humanitarian aid in Arakan state.

21

Reuters, Children among hundreds of Rohingya detained in Myanmar crackdown (16 March 2017), http://www.reuters.com/article/us-myanmar-rohingya-detainees-exclusive-idUSKBN16N342 22

Ibid., 23

Reuters, Children among hundreds of Rohingya detained in Myanmar crackdown (16 March 2017), http://www.reuters.com/article/us-myanmar-rohingya-detainees-exclusive-idUSKBN16N342 24

Frontier, Rohingya ‘Army’ stresses right to self-defence in first statement (29 March 2017), http://frontiermyanmar.net/en/rohingya-army-stresses-right-to-self-defence-in-first-statement 25

Ibid., 26

Reuters, Rohingya rebel leader challenges Myanmar’s Suu Kyi, vows to fight on (31 March 2017), http://www.reuters.com/article/us-myanmar-rohingya-interview-exclusive-idUSKBN1722H2?il=0 27

Ibid., 28

The government of Japan has committed to contribute US$ 5 million for Food Assistance in Arakan in the

beginning of March. The UN World Food Programme expects to reach out to 291,000 vulnerable people in the

state thanks to this donation. Japan remains the largest contributor to WFP in Myanmar. See World Food

Programme, Japan Contributes US$ 5 Million for Food Assistance in Rakhine State (7 March 2017),

http://www.wfp.org/news/news-release/japan-contributes-us-5-million-food-assistance-rakhine-state

On March 26th

, the Union Minister for Social Welfare, Relief and Resettlement visited IDP camps in Kanyintaw,

demonstrating “serious efforts made to ease local people’s difficulties in Rakhine State” according to the

Myanmar state-run newspaper the Global New Light of Myanmar.30

Yet, humanitarian needs did not stop growing while critical lifesaving operations were suspended for over two

months. Since the beginning of the ‘clearance operations’ in October 2016, vital aid has been denied to

individuals suffering from malnutrition and lack of medical care. In two townships of northern Arakan state,

“UN agencies were unable to maintain lifesaving services for more than 3,000 registered children, mostly from

the minority Rohingya Muslim community”.31

Vulnerable populations, in particular children, have reportedly

become ‘indirect victims’ of the military crackdown. Chris Lewa, director of Arakan Project told The

Independent newspaper that “the indirect victims of the conflict might be more than those killed”.32

Despite the announcement by the military that operations had ceased in the conflict zone, restrictions on

humanitarian access endanger assistance delivery to populations. As of March 8th

, the majority of international

humanitarian staff was not allowed to work outside of Maungdaw and Buthidaung.33

Reports received by the

UN Office for the Coordination of Humanitarian Affairs indicate that fear is preventing some individuals to

access available services. 34

DISPLACEMENT OF PEOPLE

DISPLACEMENTS AND RETURNS ESTIMATES

The latest estimates shared by the UN Office for the Coordination of Humanitarian Affairs indicate that around

20,000 individuals remain internally displaced in northern Arakan state, while over 74,000 have fled to

Bangladesh35

as a result of the military crackdown.

Returns of some internally displaced populations are being encouraged by the Myanmar Government. On 18

February, over 2,000 displaced individuals who had fled their village of origin, Kyee Kan Pyin village in northern

29 While in Burma for an official visit from March 19

th to March 20

th, President of the Philippines Rodrigo

Deterte has offered US$ 300,000 for humanitarian aid in Arakan State. See The Irrawaddy, Philippine President

Offers Humanitarian Aid to Arakan State (20 March 2017),

https://www.irrawaddy.com/news/burma/philippine-president-offers-humanitarian-aid-arakan-state.html

30 The Global New Light of Myanmar, Serious efforts made to ease local people’s difficulties in Rakhine State (27

March 2017), http://www.globalnewlightofmyanmar.com/serious-efforts-made-to-ease-local-peoples-difficulties-in-rakhine-state 31

Independent, Thousands of children’s lives at stake as ‘indirect victims’ of Burmese crackdown on Rohingya Muslims, UN warns (1 March 2017), http://www.independent.co.uk/news/world/asia/rohingya-muslims-burma-crackdown-rakhine-state-myanmar-government-yangon-a7606481.html 32

Ibid. According to Arakan Project, 200 people were killed by the military. Others have estimated it amounts up to 1,000. See Reuters, More than 1,000 feared killed in Myanmar army crackdown on Rohingya – U.N. officials, 8 February 2017, http://www.reuters.com/article/us-myanmar-rohingya-idUSKBN15N1TJ 33

UN OCHA, Myanmar : Northern Rakhine Flash Update No.1 (as of 8 March 2017), http://reliefweb.int/sites/reliefweb.int/files/resources/170308%20Myanmar%20Flash%20Update.pdf 34

Reuters, More than 1,000 feared killed in Myanmar army crackdown on Rohingya – U.N. officials, 8 February 2017, http://www.reuters.com/article/us-myanmar-rohingya-idUSKBN15N1TJ 35

UN OCHA, Myanmar : Northern Rakhine Flash Update No.1 (as of 8 March 2017), http://reliefweb.int/sites/reliefweb.int/files/resources/170308%20Myanmar%20Flash%20Update.pdf

Maungdaw Township, were allowed to return. The Border Guard Police Brigadier General gave his

authorization after a return assessment was carried out.36

In early March, community leaders have estimated that more than 5,000 Rohingya who took refuge in

Bangladesh have returned to Myanmar. These returns are reportedly motivated by Bangladesh’s controversial

plan to relocate refugees in a 2,430-hectare island. Noor Hafiz, a community leader explained to AFP: “People

became very concerned after they learnt about the relocation plan. We hear the island submerges during the

monsoon. Now we can only hope the situation back home is better”.37

As the country’s cyclone season

approaches, the Red Cross has also expressed concerns that refugees in Bangladesh need better shelters.38

INCREASING REJECTION OF ROHINGYA REFUGEES IN NEIGHBORING COUNTRIES

The recent violence in Arakan state and subsequent refugee influx to neighboring countries have triggered

growing concerns from governments and sometimes violent reactions from local populations.

According to the Bangladeshi government, around 400,000 Rohingya are now living in refugee camps in the

country.39

This figure also includes individuals who had fled to Bangladesh before the October 2016 violence.

During a bilateral meeting with Indonesian President Joko Widodo, Bangladeshi Prime Minister Sheikh Hasina

requested Indonesia’s help in sending back Rohingya refugees to Myanmar.40

In India, approximately 10,000 Rohingya refugees are present according to estimates based on UNHCR data.41

More than half live in and around Jammu city in Indian-administered Kashmir. A right-wing political party, the

Jammu and Kashmir National Panthers Party, is running a campaign against Rohingya refugees. Denouncing a

conspiracy bringing about “demographic changes” in the region, its leaders ask Muslim refugees to quit

Jammu.42

HOUSEHOLD SURVEYS

Household surveys in northern Rakhine state – where local administrators go to every house in the Rohingya

villages – are carried out at least once a year. Authorities verify that the names of those present in the house

are matching with official lists. The names of the residents who are absent are reportedly “crossed through

with a red pen”.43

Surveys are usually conducted in January and February but recent violence and subsequent displacement have

triggered fear of losing right to return among the Rohingya community. Yanghee Lee, Special Rapporteur in

36

UN OCHA, Myanmar : Northern Rakhine Flash Update No.1 (as of 8 March 2017), http://reliefweb.int/sites/reliefweb.int/files/resources/170308%20Myanmar%20Flash%20Update.pdf 37

Frontier Myanmar, Thousands of Rohingya refugees return to Myanmar (8 March 2017), http://frontiermyanmar.net/en/thousands-of-rohingya-refugees-return-to-myanmar 38

Reuters, Red Cross says Rohingya refugees in Bangladesh need shelter as cyclones (21 March 2017) http://reut.rs/2n8y3J8 39

Frontier Myanmar, Thousands of Rohingya refugees return to Myanmar (8 March 2017), http://frontiermyanmar.net/en/thousands-of-rohingya-refugees-return-to-myanmar 40

Dhaka Tribune, PM seeks Jakarta’s help to send back Rohingya refugees (7 March 2017), http://www.dhakatribune.com/world/south-asia/2017/03/07/pm-jakartas-help-rohingya/ 41

Aljazeera, Jammu: right-wing groups try to evict Rohingya refugees (12 March 2017), http://www.aljazeera.com/indepth/features/2017/03/jammu-wing-groups-evict-rohingya-refugees-170305130951595.html 42

Aljazeera, Jammu: right-wing groups try to evict Rohingya refugees (12 March 2017), http://www.aljazeera.com/indepth/features/2017/03/jammu-wing-groups-evict-rohingya-refugees-170305130951595.html 43

Reuters, With a stroke of red pen, Myanmar’s Rohingya fear losing right to return (15 March 2017), http://www.reuters.com/article/us-myanmar-rohingya-cleansing-idUSKBN16M1D1

human rights in Myanmar, told the U.N. Human Rights Council in Geneva that “Conducting a household survey

- where those absent may be struck off the list that could be the only legal proof of their status in Myanmar -

indicates the government may be trying to expel the Rohingya population from the country altogether”.44

REPORTS

Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee, Report (1 March 2017),

http://yangon.sites.unicnetwork.org/files/2017/03/A_HRC_34_67_EN.pdf

US State Department, Burma 2016 Human Rights Report (3 March 2017),

https://www.state.gov/documents/organization/265536.pdf

Advisory Commission on Rakhine State, Interim report (16 March 2017),

http://www.rakhinecommission.org/statement-kofi-annan-chair-advisory-commission-rakhine-state-

interim-report/

44

Ibid.