Southeast Asia Theater
The UN Independent International Fact-Finding Mission on Myanmar urged in a report (PDF) released Aug. 27 the investigation and prosecution of Burma's top military generals for genocide, crimes against humanity and war crimes. A press release said the Mission "found patterns of gross human rights violations and abuses committed in Kachin, Rakhine and Shan States that 'undoubtedly amount to the gravest crimes under international law', principally by Myanmar's military, the Tatmadaw, but also by other security forces." The crimes against humanity "include murder; imprisonment; enforced disappearance; torture; rape; sexual slavery and other forms of sexual violence; persecution and enslavement." The Mission noted that these crimes are similar to those in other cases that have allowed the establishment of "genocidal intent." The Mission urged that these crimes be investigated and prosecuted in the International Criminal Court. It also "called for an independent, impartial mechanism to collect, consolidate, preserve and analyse evidence of violations."
The UN Special Rapporteur on the situation of human rights in Myanmar (Burma) Yanghee Lee on June 27 called for the Human Rights Council (HRC) to support an investigation by the International Criminal Court (ICC) into crimes against the Rohingya people. "I strongly recommend the persons allegedly responsible for the violations of international human rights law and international humanitarian law be investigated and prosecuted by the ICC or a credible mechanism," said Lee. She also called for the HRC to "establish an accountability mechanism under the auspices of the United Nations without delay." This mechanism would investigate abuses, determine the criminal liability of the perpetrators, and support victims. Lee expressed disappointment that the Security Council has not yet referred Burma to the ICC. She said that none of the investigations by the Burmese government have met international standards, and were likely initiated to distract the international community.
The Indonesian Parliament unanimously approved a new anti-terrorism law on May 25 that will allow the military to directly participate in operations against militant groups. The legislation comes following a slew of suicide bombings in Surabaya by individuals supposedly tied to the Islamic State. President Joko Widodo stated that involvement of the Indonesian National Army in counter-terrorism is necessary in addressing the crisis faced by the nation. A related measure also gives police the power to detain suspects for 21 days without charge. The bills now go to the president for final approval.
Indigenous and environmental activist Saw O Moo was reported killed in Burma's Karen State on April 5. The Karen Environmental and Social Action Network (KESAN) said Saw O Moo was killed in an ambush by Burmese army soldiers while returning home from a community meeting to help organize humanitarian aid for villagers displaced by renewed hostilities between the military and the Karen National Liberation Army (KNLA). Saw O Moo was one of the most active local community leaders pushing for creation of the Salween Peace Park, a proposed 5,400-square-kilometer protected area to be overseen by indigenous peoples. “We will never forget his dedication in the ongoing struggle to build peace and protect ancestral lands,” KESAN said in a statement. Several attempts to retrieve the body have been unsuccessful, as soldiers are shooting at anyone who approaches the area. As a result, Saw O Moo’s family has not been able to perform their Indigenous funeral rites. The Salween Peace Park is intended to protect the montane rainforest region from mining interests. (Mongabay, Burma Link, April 9; The Irrawady, Jan. 13, 2017)
Burma's Rakhine state is being militarized at an alarming pace, as authorities build security force bases on lands where Rohingya villages were burned to the ground just months ago, Amnesty International said in a new report March 12. Through witness testimony and analysis of satellite images, Remaking Rakhine State documents how the bulldozing of Rohingya villages and new construction have intensified since January in areas where hundreds of thousands fled the military's campaign of ethnic cleansing last year. "What we are seeing in Rakhine State is a land grab by the military on a dramatic scale. New bases are being erected to house the very same security forces that have committed crimes against humanity against Rohingya," said Tirana Hassan, Amnesty's crisis response director. "This makes the voluntary, safe and dignified return of Rohingya refugees an even more distant prospect."
UN Assistant Secretary-General for Human Rights Andrew Gilmour on March 6 said that the "ethnic cleansing of Rohingya from Myanmar continues," after a four-day visit to Bangladesh. During his visit, he focused on the situation of thousands of refugees who have fled from Burma (Myanmar). Recently-arrived Rohingya gave credible accounts of continued violence against their people, including killings, rape, and forced starvation, Gilmour reported. Burma has been saying that it is ready to receive returning Rohingya refugees, but Gilmour maintains that safe returns are impossible under current conditions.
The Unites States is facing a pretty surreal contradiction, with blustering Trump and his cannabis-phobic Attorney General Jeff Sessions holding the federal reins, as legalization takes effect in California. The Philippines is looking at a similar paradox. Ultra-hardline President Rodrigo Duterte is again sending the National Police back into drug enforcement, after he was pressured to withdraw them by a public outcry over their slaying of thousands of innocent civilians since he took office in June 2016. And on New Year's Eve, he won a grim victory as the Philippine Congress voted to extend his declaration of martial law in the conflicted southern island of Mindanao through the end of 2018.
Bangladesh and Burma agreed Jan. 16 to complete the return of hundreds of thousands of Rohingya refugees within two years. According to a statement by the Bangladesh Ministry of Foreign Affairs, the repatriation will be completed within two years from commencement. Under the agreement, Bangladesh will establish five camps. They will then move the Rohingya from these camps to two reception centers established on Burma's side of the border. Burma will then shelter the Rohingya in temporary accommodations while rebuilding houses for them. Humanitarian organizations are warning that this time frame is insufficient to guarantee a safe and voluntary return. A representative of the UN Refugee Agency said the Rohingya should voluntarily return only when they feel that it is safe to do so. (Jurist)