Rohingyas: UN war crimes investigative mechanism submits its first report, RAAG urges India to intervene with Myanmar
New Delhi: The Rights and Risks Analysis Group (RRAG) welcomed the first report
of the United Nations Independent Investigative Mechanism for Myanmar being presented today i.e. 9 September 2019 at the 42nd session of the UN Human Rights Council (UNHRC) in Geneva. The
Independent Investigative Mechanism for Myanmar was established
pursuant to resolution no. 39/2 on 27 September 2018 by the UN Human
Rights Council with “the mandate to collect, consolidate, preserve and
analyse evidence of the most serious international crimes
and violations of international law committed in Myanmar since 2011,
and to prepare files in order to facilitate and expedite fair and
independent criminal proceedings”.
As
per the first report, the Independent Investigative Mechanism for
Myanmar headed by Mr Nicholas Koumjian of the United States is presently
selecting cases for investigation “in
order to secure the greatest effect on achieving accountability for
serious international crimes, providing the victims of such crimes with
the best prospects of justice, contributing through its work to
deterrence of further crimes, and seeking to ensure
that all the peoples of Myanmar can live safely in their own home
communities”.
“The
UN Investigative Mechanism has been having some resonance at national
level, with the office of Commander-in-Chief of Myanmar Army, Mr Min
Aung Hlaing issuing a statement
on 31 August 2019 that it had initiated court martial proceedings after
soldiers had been found to have shown “weakness in following
instructions in some incidents” at a village said to have been a
massacre site of the Rohingyas. But these measures appear
to be cosmetic to thwart establishment of international war crimes
tribunal on Myanmar and the accountability for the crimes committed against the Rohingyas remains a far cry”. – stated Mr Suhas Chakma, Director of the Rights and Risks Analysis
Group.
On
16 July 2019, the United States barred entry of the commander-in-chief
of the Burmese military, Min Aung Hlaing; the deputy commander-in-chief,
Soe Win; and commanders of the
33rd and 99th Light Infantry Divisions, Than Oo and Aung Aung, and
their immediate family members into the United States for their
involvement in gross violations of human rights, including extrajudicial
killings, against Rohingya, particularly from August
through September 2017.
According
to the UNHCR, over 742,000 Rohingya refugees have fled to Bangladesh
due to persecution by the Myanmar security forces and local militia
since 25 August 2017. In September
2017, Zeid Ra’ad Al Hussein, then United Nations High Commissioner for
Human Rights termed the attacks on the Rohingyas as “a textbook example
of ethnic cleansing”.
Even after two years of expulsion, the Rohingya refugees have not been able to return to their homes and Bangladesh has accused Myanmar of non-cooperation. Recently, the UN Secretary General Antonio Guterres expressed deep concern over the delay in repatriation of the Rohingya refugees.
Regarding the repatriation of the Rohingya refugees, the Independent Investigative Mechanism for Myanmar in its first report also stated, “The voluntary and sustainable return of refugees to their home communities in Myanmar is likely to be dependent, to an important extent, on a process of accountability for those most responsible for the crimes that uprooted them from their homes.”
The Independent Investigative Mechanism for Myanmar while
calling for the cooperation of the States in the region and the
international community warned that “Continued impunity for such crimes
is only likely to lead to further violence and suffering, and
accompanying risks to peace and security in the region and
beyond.”
“India must call upon the Government of Myanmar to establish accountability and ensure repatriation of the Rohingya refugees for regional stability, security and peace. Unless Myanmar establishes accountability and ensures repatriation of the Rohingya refugees, the Rohingyas shall continue to flee including to India.” – further stated Mr Chakma