summary of recommendations in the report of the rakhine investigation commission to the government...

7/30/2019 Summary of Recommendations in the Report of the Rakhine Investigation Commission to the Government of Myanmar

1/27

Summary of Recommendations in the Report of the Rakhine Investigation Commission to the Government of Myanmar

1

Sr. Section TaskImplementation

DepartmentResponsibleCommittee

Remark

1 InternallyDisplacedPersons(IDP)Situation

Temporary

Sheltersbefore theMonsoonSeason.

A. While the Rakhine IDPs are adequatelyresettled, there have been difficulties inresettling the Bengali IDPs. TheRakhines have called for resettlement ofBengali IDPs only after verification oftheir citizenship. However, it isbecoming extremely urgent to providethe Bengali IDPs with access to safe and

secure temporary shelters prior to themonsoon season.

Ministry of Border Affair

Rakhine StateGovernment

InternationalOrganizations

The WorkingCommittee forTemporaryResettlement andReconstruction in theState

The WorkingCommittee forCoordination andCooperation with UNAgencies andInternationalOrganizations

Resettlement. B.There is a pressing need to addressovercrowding in camps, provide accessto clean water and sanitation, and takenecessary precautions against other risks such as outbreaks of disease that canarise during the monsoon season at theBengali IDP camps.





Reopening ofSchools.

C. Schools should be reopened and accessto education provided for students livingin Bengali IDP camps.




The Social andEconomicDevelopment WorkingCommittee


2/27


2

FoodSecurity and

Malnutrition.

D. A concerted effort is needed to plan andprepare for longer-term food security,

meet immediate food shortages, andaddress malnutrition.




The WorkingCommittee for

Coordination andCooperation with UNAgencies andInternationalOrganizations

The Social andEconomic

Development WorkingCommittee

Livelihoods. E.The Government shoulders theresponsibility to meet the basic needs ofthe IDP populations until theirlivelihoods are restored. It is vital,therefore, to consider all possible meansto revitalize the livelihoods of the IDPpopulations.






The WorkingCommittee forDrawing Long-TermStrategic Plans

PermanentSettlement.

F.The Government should plan andprepare strategies to settle the IDPspermanently when law and order is


Rakhine State

The WorkingCommittee forDrawing Long-Term


3/27


3

restored in the state. Government


Strategic Plans

2 SocialKamanEthnic GroupIssue.

A. Currently, there is a disconnect in thecommunication channels between theRakhine and Bengali populations.Certain Rakhine leaders relying on theinflamed tensions and a renewed senseof prejudice have urged, and even

taken steps to prevent, the Rakhinepublic from conducting social andeconomic interactions with the Bengalipopulation. As a result of this socialand economic blockade, members ofthe Kaman ethnic group, who havetraditionally worked in the educationand communication sectors of the civilservice, are also trapped in the IDPcamps. The Government should takeimmediate action to meet the Kamanethnic groups demand to restore theirfreedom of movement.



The Security and LawEnforcement WorkingCommittee

PopulationGrowth.

B. One factor that has fuelled tensionsbetween the Rakhine public and Bengali

populations relates to the sense ofinsecurity among manyRakhinesstemming fromthe rapidpopulation growth of the Bengalipopulation, which they view as a seriousthreat. If, as proposed, family-planningeducation is provided to the Bengalipopulation, the Government should

Ministry of Immigration


Na Sa Ka (BorderImmigration HeadQuarter)

The Immigration andCitizenship Review

Committee



4/27


4

refrain from implementing non-voluntary measures which may be seen

as discriminatory or that would beinconsistent with human rightsstandards.

SocialIntegration.

C. When reviewing the cases of Bengaliswho are eligible to become citizens, theGovernment should screen for theirability to fully integrate into society bytesting their knowledge of the country,

local customs, and language. At thesame time, the Government shouldmake available educational resourcesthat will provide information about thecountrys culture, traditional dress andpractices, and social norms to thosewanting to become citizens.


Ministry of Home Affairs

Rakhine State

Government

The Immigration andCitizenship ReviewCommittee

The Social and

EconomicDevelopment WorkingCommittee

Formation ofTruth-FindingCommittee.

D. On a broader level, the Governmentshould form a Truth-Finding Committeeto determine the root causes of sectarianviolence between the Buddhist andIslamic communities. One of theCommittees priorities should be to findways to prevent as well as overcomefuture conflict, and if necessary,

delegations from this Committee shouldbe sent to interested countries to discusstheir findings.

President Office The WorkingCommittee forRestoration ofStability, Peace andRule of Law

3 Citizenship A.The Government should immediatelyaddress the citizenship claims of theBengalis. They will be able to live andcoexist with the other citizens onlywhen they themselves become citizens.



Rakhine State



5/27


5

Likewise, they will take more interest inthe recent developments in the country

and live as responsible citizens onlywhen they become citizens and canenjoy the rights and responsibilities ofother citizens.

Government

B.The Government should address thecitizenship claims of the Bengalis in atransparent and accountable manner. Indealing with stateless individuals, the

Government should do so in accordancewith existing laws and internationalnorms. The government should arrangecitizenship ceremonies to commemoratethose who become new citizens.





4 Economy A.The majority of the people living inRakhine State rely on resource-basedeconomic activity such as agricultureand fisheries for their livelihoods,primarily due to their lack of economicopportunities and low individualproductivity. There are ways to improvetheir earning power and benefit thestate, for example with regards toagricultural development in northern

Rakhine State, there is a need todistribute and grow high-grade paddy aswell as high-yield paddy.

Ministry of Agricultureand Irrigation



B.The Government will have to meet thebasic needs of non-citizens if they aredenied livelihoods. If there is noimprovement in their situation, povertyand discontent will lead to further

Ministry of Energy

Ministry of Electricity

Ministry of Border



6/27


6

unrest. The responsible administrativeauthorities and civil society groups

should work together to: rebuild homesand revitalize communities; provideaccess to water and electricity; improvecommunication; promote economicactivity and cooperation betweendiverse groups; and encourage goodeconomic practices. In the strategic portarea of Kyaukphyu, there is a danger of

fostering local resentment ormisunderstanding against theGovernment if the township is unable toutilize at least a portion of the naturalgas from Kyaukphyu offshoredevelopment to supply electricity to theKyaukphyu area.

Affairs



Drawing Long-TermStrategic Plans

The WorkingCommittee forTemporaryResettlement andReconstruction in the

State

C. Hotel and tourism industry developmentshould be promoted in Rakhine State,because it is steeped in colourful historyand is well-endowed with fine beachesand natural beauty. Other areas ofeconomic development may include:boat building shipyards; energy sector;fisheries and cold storage facilities;

Cutting, Making and Packing (CMP)activities; shrimp farming; hotel andtourism; and recreational parks.

Related Ministries




Strategic Plans

D.The Government should also considerways to provide access to low-interestloans that could have a big impact onlocal social and economic activity.

Related Ministries




7/27


7

5 Health A.There is an urgent need for access toclean water and sanitation in the IDPcamps.

Ministry of Health


INGOs and NGOs

The Working

Committee forTemporaryResettlement andReconstruction in theState


Coordination andCooperation with UNAgencies andInternationalOrganizations

B. While those living in Rakhine State areunlikely to suffer from hunger andstarvation, inadequate nutritionalresources may lead to cases ofmalnutrition among young children.

Ministry of Health


INGOs and NGOs


C.The government must make a priority ofproviding screening and treatment forpost-traumatic stress and other mental

health conditions experienced by theIDPs.

Ministry of Health

Rakhine State

Government

INGOs and NGOs

The WorkingCommittee forCoordination and

Cooperation with UNAgencies andInternationalOrganizations

The WorkingCommittee forRestoration of


8/27


9/27


9

is of critical importance to teachcitizenship and provide civic education

to all children throughout Rakhine State.

Committee forDrawing Long-Term

Strategic Plans

E.The Government should promoteliteracy programs (i.e. 3R programs) forthe Bengali population to learn how toread, write and speak the Myanmarlanguage.

Ministry of Education




F.The Government should developstrategies and guarantees to establishand maintain security at schools with amixed population of Rakhine andBengali students as well as address thesecurity concerns of teachers at schoolsin isolated areas.

Ministry of Education


INGOs


The WorkingCommittee forRestoration ofStability, Peace and

Rule of Law


G. In order for communities to coexistpeacefully, it is important to transcend

Ministry of Education The Security and LawEnforcement Working


10/27


10

past racial prejudices and hatred throughspecial education programs aimed at

changing the mindset and promotingmutual understanding. The Governmentshould develop plans to establish an FMRadio Station to broadcast theseeducational programs in the locallanguages as well as consider the futureestablishment of a TV Channel withsimilar aims.


Committee


The Social andEconomicDevelopment Working

Committee7 Religion A. Moderate Muslim leaders from Yangon

and Mandalay should be encouraged tolead the reform efforts in the Islamicreligious schools in Rakhine State,especially in place of more extremistelements.

Ministry of Religion



B.The Government should facilitate andorganize interfaith dialogue meetingsbetween representatives of all religionsto promote mutual understanding andfoster respect between Buddhist andMuslim communities.




C.The Government should engage withand regulate religious schools that teach

extremism and incite violence. To betterpromote mutual understanding, theGovernment should form a governingbody comprised of religious educators,including the Mullahs, or religiousleaders, to develop and teach a tolerantcurricula at these religious schools.



The Social andEconomic

Development WorkingCommittee



11/27


11

D.The Government should conduct areview and inspection of all religiousinstitutions within the Rakhine State,including Buddhist monasteries, Islamicmosques, Christian churches, Hindutemples, and individuals whoselivelihoods depend on advancingreligious beliefs. The Ministry ofReligious Affairs should issue necessary

permits only after determining that theseinstitutions and individuals are operatingwithin the legal framework to carry outtheir intended purpose.



The Working

Committee forRestoration ofStability, Peace andRule of Law

8 INGO andLNGOInteraction

A.The Government, before cooperatingwith any international institutions ororganizations on the Rakhine issue,should first ascertain the appropriateness

of the proposed interaction in the localand national contexts, as well as takeinto consideration the attitudes,viewpoints and opinions of the generalpublic.

Cabinet The WorkingCommittee forCoordination andCooperation with UN

Agencies andInternationalOrganizations

B.The Government, the donororganizations, and the local experts andleaders should discuss and worktogether to revitalize the communitiesaffected by the conflict. It is importantfor all parties involved to share thenecessary information to ensure that therevitalization and humanitarianassistance programs are carried out in atransparent and accountable manner.

Union Government


INGOs, NGOs and CBOs




12/27


12


C.The National Government should lead aconcerted effort of local government,NGOs, community-based organizations,and other stakeholders in providingassistance to and revitalizing RakhineState. Working together will help buildmutual trust and understanding, aid inthe development of strategies and

programs that meet internationalstandards, and strengthen cooperationbetween various entities during theimplementation phase.

Union Government


INGOs, NGOs and CBOs



9 Security andAdministration

A.The Government should learn fromother conflicts and establish a ConflictManagement Center that has theauthority to gather accurate data on the

root causes of the conflict, developappropriate courses of action to tacklethe conflict, and prepare strategies torevitalize the conflict areas.

Union Government



B.To diffuse future crises before theyoccur, the Government should establishan Early Warning System to obtaintimely and accurate information,monitor the situation on the ground, andcarry out necessary precautionarymeasures. Since there is still a risk ofcontinuing conflict in the Rakhine State,the Government should maintain thecurrent levels of security personnel.There is also a need to strengthen

Union Government The WorkingCommittee forDrawing Long-TermStrategic Plans



13/27


13

cooperation among various entitieswithin the security apparatus. In

addition, the Government shouldestablish a Special Intelligence Teamcomposed of both the military andcivilian law enforcement personnel tosafeguard against potential extremistaction.

Rule of Law


The WorkingCommittee forTemporary

Resettlement andReconstruction in theState

C.The Government should facilitate andorganize community dialogues thatbring together leaders and

representatives from Rakhine andBengali populations to determine theconditions under which the twocommunities can coexist peacefully.The Governments role in this should belimited to supportive and facilitativefunctions. The Government should alsoestablish a Task Force composed ofmoderate leaders from bothcommunities for this initiative.

President Office The WorkingCommittee forDrawing Long-Term

Strategic Plans

D.The Government and local civil societyorganizations should take the lead inorganizing the community dialogues.International organizations wanting tofacilitate these meetings must appear

President Office The WorkingCommittee forDrawing Long-TermStrategic Plans


14/27


14

impartial and be acceptable to bothcommunities or else they risk

antagonizing one or both communities.E.The current conditions in Rakhine Statecall for a temporary separation ofRakhine and Bengali communities.While keeping the two communitiesapart is not a long-term solution, it mustbe enforced at least until the overtemotions subside. Those who break the

law during this period must beprosecuted in accordance with the law.

The WorkingCommittee forRestoration ofStability, Peace andRule of Law


The WorkingCommittee forTemporaryResettlement and

Reconstruction in theState

F. Rakhine State shares a land andmaritime border with Bangladesh,which is densely populated. Itspossesses a coastline that stretches alongthe Bay of Bengal and serves as agateway to the Indian Ocean, making itsgeographic location important both fortrade and national security. TheGovernment should strengthen its navyand establish a Maritime Police Force tosafeguard its coastline and protect itsterritorial waters. The combined securityforces should be placed under the

Union Government






15/27


15

supervision of a commander. TheGovernment should also formulate a

national security strategy on the basis ofholistic and preventative approaches andparadigms.

The Working

Committee forDrawing Long-TermStrategic Plans G. As Bangladesh will hold elections this

December, it is advisable to monitor thedevelopments in that country as well asthe conditions near the Myanmar border.In December 2012, soldiers from the

army corps of engineers were ambushedand killed by militant elementsoperating out of Bangladesh whileconstructing a fence along the border.The Commission has also receivedreports of other disturbing activity alongthe border. The Government should takenecessary precautionary measures by

strengthening emergency security plansand increasing the security personnelalong the border.

President Office

Union Government


The Working

Committee forDrawing Long-TermStrategic Plans

H. Under the current conditions, the BorderSecurity Force (Na-Sa-Ka) shouldcontinue to perform administrativeduties along the border areas. However,the Border Security Force should focusits energies on restoring law and orderin these areas and refrain frominfringing on the rights of the generalpublic under existing laws. Even wheninteracting with those who break thelaw, the Border Security Forcepersonnel should follow due process and

President Office

Union Government




16/27


17/27


17

law must be held accountable underexisting laws.

K. According to Sittwe residents, there hasbeen very little presence andparticipation on the part of the UnionLevel Ministries in responding to theconflict in Rakhine State. Specifically,there is a need for the ministries ofRelief and Social Welfare, HomeAffairs, and Border Affairs to play

expanded roles in responding to thecrisis. The need for the union-levelinvolvement is even more pronouncedwhen taking into consideration thelimitations of the Rakhine StateGovernment to act effectively.

Union Government The WorkingCommittee forDrawing Long-TermStrategic Plans

L.The Government may face accusationsof prejudice and unfairness if the

administrative and security personneltasked with management and rule of lawimplementation are mainly of Rakhineethnic origin. The government shouldstrive towards a diverse staff in theadministrative and security sectors inthe Rakhine State.

President OfficeUnion Government





M.A major factor contributing to thedifficulty in establishing rule of law andrestoring order in Rakhine State is thechronic understaffing at the departmentsof general administration, immigration,corrections, and the judiciary, makingthem ineffective as a result. Specifically,the difficulties in restoring law and

Union Government





18/27


18

order in Maungdaw, a flashpoint forinter-communal tensions, can be

attributed to the instigatorsoutnumbering the security personnel. Inparticular, the departments ofimmigration, general administration,and religious affairs must berestructured and strengthened so thatthey can carry out their dutieseffectively at the grass-root level.

N.The natural geography and relativelypoor infrastructure of Rakhine Statemakes quick responses a challenge. TheGovernment should make transportationinfrastructure a priority and constructroads and bridges to provide easy accessto remote areas.

Union Government

Ministry of Construction

Ministry of BorderAffairs

Rakhine State

Government


The Social andEconomicDevelopment Working

Committee

O.The officials who are responsible forpreventing violence and restoring lawand order should be entrusted also withthe authority to take legal and securitymeasures that they deem necessary. Thegovernment should also provide suchofficials with all the assistance andsupport they need.

Union Government




P.The Border Security Force (Na-Sa-Ka)is made up of four differentgovernmental agencies and is placedunder the command of the Tatmadaw.The government should review and

President Office

Union Government

Rakhine State


The Working


19/27


19

reform the structure and function of theBorder Security Force to create an

environment in which all participatingagencies can work well together.Although some people in local areasnoted that the performance of the BorderSecurity Force has improved to someextent in the wake of violence, thecoordination and cooperation among theparticipating agencies remains weak.

Given the emergency situation inRakhine State, all security forces exceptthe armed forces should answer to theChief Minister of the state. In order torestore law and order effectively, allsecurity forces must work closely withthe officials responsible for civiladministration. Up to now, it has been

found that security forces take ordersonly from the relevant line ministries ofthe union-level government and do notfollow the instructions and requestsfrom the state government until theyreceive authorization from theirministerial superiors. There is a need fora mechanism that will require all

security forces to work closely with theState government in undertaking neededaction.

Government Committee forDrawing Long-Term

Strategic Plans

Q. Coordination and cooperation with theBangladesh Government is essential totackle migration problems originatingfrom Bangladesh. Likewise, border

President Office




20/27


20

conflicts will require the involvement ofthe Bangladesh Government. In this

respect, there is a need for improvedbilateral communications between theMyanmar Government and theBangladesh Government.





10 Rule of Law A. Citizens and non-citizens who reside inRakhine State have little awareness andknowledge of the Constitution, existinglaws, administrative rules and

regulations, and ordinances. It is vitalfor all inhabitants to be informed of thelaws so that they can enjoy protectionunder these laws. It is also important toorganize regular legal capacity buildingseminars and initiatives possiblyduring each summer break - with thehelp and cooperation of the Rakhine

State governmental agencies, studentsfrom Sittwe University, the MyanmarBar Council, and law students fromYangon University.

Union Government



Rule of Law


B.The Government should make it illegalfor any political organization orindividual to exploit the sectarian divide

Union Government

Rakine State Government



21/27


21

in Rakhine State for their own benefit orto inflame tensions.

Strategic Plans

The WorkingCommittee forRestoration ofStability, Peace andRule of Law C. In line with rule of law promotion

efforts, when prosecuting those whobreak the law, the Courts should

guarantee their due process rights; notdistinguish them based on their race,religion or ethnicity; and treat themequally before the law. In addition, lawsand regulations related to public safetyand restoration of order should becirculated widely to the general publicin Rakhine State.


The WorkingCommittee forRestoration of

Stability, Peace andRule of Law

D.The Government must take firm actionagainst any group or individual incitingor instigating conflict or violence on thebasis of race, religion, language, orculture. The existing criminal laws mustbe applied and enforced effectively tonot only punish those who break theselaws, but to serve their deterrentpurpose. Also, new legislationconcerning such issues should also bepromulgated from time to time as theneed arises.

Union Government



11 PeacefulCoexistence

A. While the citizenship status of some ofthe Bengalis living in the Rakhine Stateremains unclear, regardless, the

Union Government

Rakhine State



22/27


22

Government and civil societyorganizations must protect their human

rights and ensure that their security andbasic needs are met. Governmententities should also acknowledge thebasic human rights of undocumentedand illegal immigrants and deal withthem in a transparent manner underexisting laws.

GovernmentThe Immigration and

Citizenship ReviewCommittee


Rule of LawB.The Government must enable Bengalis

who have become Myanmar citizens theopportunity to enjoy all rights associatedwith citizenship. The Government hasthe authority to infringe on the rights ofall citizens in times of emergency andfor national security, but it must do so

lawfully. If the Government can fullysafeguard the rights of individuals evenin times of crisis, it would avoid manyunwanted criticisms.

Union Government



The Security and Law

Enforcement WorkingCommittee

C.The Government must safeguard thesecurity and human rights of all peoplewhen responding to sectarian violencein Rakhine State. The Government

under law may restrict the rights ofcertain individuals or groups when theiractions affect national security concerns.However, the Government must firstascertain that the threat to nationalsecurity exists, and must recognize thatit bears the burden to demonstrate that

President Office

Union Government



Rule of Law



23/27


23

these unlawful actions amount tonational security threats.

D.It is critical to strengthen existingjudicial and other dispute-resolutionmechanisms within Rakhine State sothey can serve their intended purpose ofsolving problems within the law.. TheRakhine and Bengali populations willturn to these institutions to solve theirdisputes only when such institutions are

properly functioning.

President Office

Union Government





E. One issue that has undermined peacefulcoexistence between Rakhine and othergroups in Rakhine State is the concernexpressed by many members of theRakhine public about recent rapidgrowth of the Bengali population. . This

has fuelled insecurity among someRakhines. On top of the widely-heldbelief that all Bengalis are illegalimmigrants, such sentiments havedriven the feeling among Rakhinegroups that they must act to prevent theBengali population taking overRakhineState . According to many

Rakhines, the implementation of familyplanning programs amongst Bengalicommunities would go some way tomitigating such concerns and wouldsupport the goal of peaceful coexistence.While family planning education shouldbe provided to the Bengali population,

President Office

Union Government


INGOs and NGOs

The WorkingCommittee forCoordination andCooperation with UNAgencies andInternational

Organizations




24/27


24

the Government and other civil societyorganizations should refrain from

implementing mandatory measureswhich could seem unfair and abusive.In addition, any mandatory measurescould be used by some elements of theBengali population to stir up instabilitywithin the Rakhine State. Moreover,past efforts to outlaw the practice ofpolygamy among Bengali men have had

little impact. Until the currentGovernment came to power in early2011, Bengali residents did not have theright to marry without localadministrative approval. Not only didthis requirement provide a loophole forcorruption, it had little practical impact.The majority of the Bengali population

marry in secret without the necessaryadministrative approval and childrenborn under these circumstances remainunregistered. Currently, the number ofunregistered children is estimated at60,000 and this number can havesignificant consequences in determiningpopulation growth and density. The

Government should take lessons fromPakistan and other Islamic countries thathave implemented educational and legalmeasures in this regard.

12 Media A.The communal violence in RakhineState has drawn both national andinternational media attention.

President Office The WorkingCommittee forDrawing Long-Term


25/27


25

Government authorities must be vigilantand avoid exacerbating the situationeither by words or action when briefingthe media or interacting withinternational organizations. Forexample, Government authorities shouldnot readily discount the presence ofillegal immigrants in Rakhine State,since such statements could provokefurther insecurity among the Rakhine

population. Instead, the Governmentshould make clear its intention to takedecisive action against all illegalimmigrants and corrupt civil servantsunder existing laws.

Union Government


Strategic Plans

B. It is impossible to ban or censor materialrelated to communal conflict in RakhineState on the internet. Therefore, the

Government should regularly releasefactual and timely informationconcerning events in Rakhine State.Inability to do so will allow instigatorson both sides to spread rumors, therebyworsening the situation. Recent eventsindicate that the delay in releasing anofficial account of the situation created

an opportunity for instigators on bothsides to propagate rumors that fuelledfurther violence.

President Office

Union Government



Strategic Plans

C.The communal violence in RakhineState is monitored both locally and bythe international community. Somecountries, such as those in ASEAN, are

President Office

Union Government



26/27


26

attempting to internationalize the issue.It is insufficient for the MyanmarGovernment to claim this is a domesticproblem; the Government needs todemonstrate it is capable of resolvingthe problem internally, and publicize itsactions through regular news updates.Even the diplomatic community inYangon wrongly blames theGovernment based on information

obtained from the internet and othersocial media outlets. In situations suchas this, attempts to control such mediaoutlets will only worsen the situation.Instead, the Government should releaseaccurate, factual accounts as well asensure greater openness andtransparency, except when doing so

affects national security. Briefing themedia and issuing news bulletins on aregular basis would help greatly incombating misinformation and rumors.


Strategic Plans

D. One of the main reasons why theconflict escalated in June, August andSeptember is because the Governmentdid not have sufficient information on

Taing-Yin-Tha nationalist associationsand their activities in order to takeprecautionary measures. Consequently,the Government needs to put in placemechanisms for obtaining timely andaccurate information on politicallyactive groups so that preventive

President Office

Union Government




S f R d ti i th R t f th R khi I ti ti C i i t th G t f M


27/27


27

measures can be implemented. The Security and LawEnforcement WorkingCommittee

summary of recommendations in the report of the rakhine investigation commission to the government...

Documents