The Human Rights Council this morning held an interactive dialogue with the United Nations High Commissioner for Human Rights on his report on Myanmar, hearing that Myanmar was being suffocated by an illegitimate military regime, and of stories of horrific war tactics and brutal atrocity crimes.
Volker Türk, High Commissioner for Human Rights, said Myanmar was being suffocated by an illegitimate military regime. It was in agonising pain. This was a crisis, he said, emblematic of a decades-long legacy of military domination, the stifling of dissent, and division.
Right now, these very same dynamics were playing out in terrifying form with the Rohingya and Rakhine communities. There were stories of horrific war tactics, such as beheadings, midnight drone attacks, and the burning of homes as people slept, Mr. Türk recounted. People being shot at as they fled for their lives. The military had lost control over a considerable amount of territory. It was resorting to increasingly extreme measures: forced conscription; indiscriminate bombardment of towns and villages; and brutal atrocity crimes.
Since February 2021, at least 5,280 civilians, including 1,022 women and 667 children, had been killed at the hands of the military, Mr. Türk reported. At least 26,865 individuals had been arrested and 20,592 remained in detention. There were now three million people internally displaced by these conflicts. These and so many more of the cruel consequences of the military’s continued denial of humanitarian access remained invisible and under-reported.
He also reported witnessing a profound sense of hope. There was a new generation of young people from all ethnic communities leading the struggle to create an inclusive vision for the future of Myanmar. The international community was witnessing a people’s revolution against decades of oppression and violence. In some areas outside the military’s control, new local governance structures had emerged, supported by ethnic armed groups and activists alike. They were providing food, shelter, education and healthcare for hundreds of thousands who were otherwise receiving little to no humanitarian support.
Mr. Türk said nobody should be forcibly returned to Myanmar at this time. There needed to be an urgent rethink of how the international community could respond collectively to this unmitigated crisis. It was time to go beyond the Association of Southeast Asian Nations’ Five Point Consensus that had failed to stem the violence or restore democracy. The Association’s efforts needed to be reenergised and backed by a consortium of influential States to develop a new roadmap that could restore the destiny of Myanmar to its people.
This needed to factor in the new realities of local governance emerging on the ground, which could provide building blocks towards a democratic future from the bottom up.
Myanmar’s people needed to have a place at the table. This meant reaching out to the democracy movement and youth, involving them meaningfully in the resolution of this crisis. The new generation in Myanmar – particularly the women’s leadership that had emerged – needed to be supported in a “visioning process” for the future of the country. With more attention, more investment, more political will and more action, this situation could be turned around for a better tomorrow for the people of Myanmar.
In the ensuing debate, many speakers, among other things, said they remained deeply disturbed by the frequent and credible reports of serious violations and abuses of human rights and international law in Myanmar and the deeply deteriorating humanitarian situation. They shared the grave concerns expressed in recent statements from the High Commissioner, the Independent Investigative Mechanism for Myanmar, and the Special Rapporteur that detailed targeted attacks against civilians, including Rohingya, which had led people to flee to the Bangladesh border and hampered humanitarian access. Speakers condemned the repressive actions of the Myanmar military; all violence against civilians needed to cease.
States were called on to prevent or halt the flow of arms, military and dual-use materials to the Myanmar military. In the context of decreasing funding for the Joint Response Plan, the international community needed to keep investing in the wellbeing, safety, and dignity of Rohingya, and help realise their right to return to their homeland in Rakhine.
Some speakers said that only by upholding sovereign equality and non-involvement in internal affairs could the problems truly be solved, and human rights upheld. Repatriation was the only way out of the Rohingya crisis. Some speakers expressed concern at the ongoing politicisation of the Human Rights Council’s mandate on Myanmar and the fact that the country concerned did not consent to the process.
Speaking in the interactive debate were Australia on behalf of a group of countries, European Union, Luxembourg on behalf of a group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Denmark on behalf of a group of countries, Kuwait, Ireland, Egypt, Japan, Iran, United Nations Children’s Fund, Sierra Leone, Türkiye, Indonesia, Spain, France, Maldives, Switzerland, China, United States, Bangladesh, Saudi Arabia, Russian Federation, Malta, Belarus, Cyprus, Malaysia, Georgia, United Kingdom, Austria, Ghana, Venezuela, Gambia, India, Malawi, Thailand, Viet Nam and Lao People’s Democratic Republic.
Also speaking were Asian Forum for Human Rights and Development, CIVICUS – World Alliance for Citizen Participation, Centre pour les Droits Civils et Politiques – Centre CCPR, Association Ma’onah for Human Rights and Immigration, Lawyers’ Rights Watch Canada, Human Rights Watch, Association caritative étudiante pour la jeunesse and Legal Action Worldwide.
The webcast of the Human Rights Council meetings can be found here All meeting summaries can be found here. Documents and reports related to the Human Rights Council’s fifty-sixth regular session can be found here.
The Council will reconvene at 3 p.m. this afternoon, 18 June. It will next hold an enhanced interactive dialogue on the report of the Special Rapporteur on the situation of human rights in Afghanistan, before commencing an interactive dialogue on the oral update of the Independent International Fact-Finding Mission for the Sudan.
Report
The Council has before it the report of the United Nations High Commissioner for Human Rights on the situation of human rights of Rohingya Muslims and other minorities in Myanmar A/HRC/56/23
Presentation of Report by the High Commissioner for Human Rights
VOLKER TÜRK, United Nations High Commissioner for Human Rights, said Myanmar was being suffocated by an illegitimate military regime. It was in agonising pain. The disintegration of human rights continued at breakneck speed. This was a crisis emblematic of a decades-long legacy of military domination, the stifling of dissent, and division.
Right now, these very same dynamics were playing out in terrifying form with the Rohingya and Rakhine communities. There were stories of horrific war tactics, such as beheadings. Midnight drone attacks. The burning of homes as people slept. People being shot at as they fled for their lives. The military had lost control over a considerable amount of territory. It was resorting to increasingly extreme measures: forced conscription; indiscriminate bombardment of towns and villages; and brutal atrocity crimes.
Mr. Türk said he had just returned from a visit to south-east Asia, where he heard from Myanmar civil society on the spiralling regional impacts of the crisis and the urgent need for leadership and influence to halt this catastrophe. The Myanmar military continued to gain access to foreign currency and weapons it needed to sustain its campaign of terror, while international financial support for the people of Myanmar was meagre at best.
He also reported witnessing a profound sense of hope. There was a new generation of young people from all ethnic communities leading the struggle to create an inclusive vision for the future of Myanmar. Mr. Türk said he was moved by their solidarity and shared hopes. Young people had strong expectations of the international community. They sought for the extent of Myanmar’s suffering to be genuinely acknowledged and given the attention it deserved. They hoped that funding would be made available to those on the ground to deliver humanitarian assistance and services directly to communities throughout the country. They had risked their lives and livelihoods to help communities in need and resist the repression by the military. And with them, a future was possible.
The High Commissioner said the international community was witnessing a people’s revolution against decades of oppression and violence. In some areas outside the military’s control, new local governance structures had emerged, supported by ethnic armed groups and activists alike. They were providing food, shelter, education and healthcare for hundreds of thousands who were otherwise receiving little to no humanitarian support. They were delivering critically needed protection services in the complete absence of a functioning public system. The Karenni Interim Executive Council in Kayah State, for example, had created a local governance system, where seven members had been elected by the people to respond to the community’s needs. Mr. Türk called on all anti-military armed groups to ensure the protection of civilians, defectors and persons who surrendered at all times.
The people of Myanmar needed to be spared more despair, more suffering, more fear. Armed conflicts continued to rage brutally across the country, taking an increasingly grim toll on the lives of civilians. The High Commissioner’s Office was investigating several reported attacks against civilians in Rakhine state and Sagaing over recent days with large numbers of civilians allegedly killed in airstrikes, naval artillery barrages and shootings.
Mr. Türk said he was very concerned about the situation in Maungdaw. The Arakan Army this weekend gave all remaining residents – including a large Rohingya population – a warning to evacuate. But Rohingya had no options. There was nowhere to flee. Following a similar pattern in Buthidaung, where Rohingya were ordered to flee, and then the town burned, it seemed that the international community was – yet again — about to bear witness to displacement, destruction and abuses. The military also reportedly ordered evacuation of ethnic Rakhine villages around Sittwe, where they had been conducting mass arrests in recent days.
In another instance, the village of Byaing Phyu was reportedly emptied of its several hundred residents, as the military tried to identify men of fighting age who sympathised with their armed opponent, the Arakan Army. Men were separated from women. Dozens of men were allegedly tortured, shot and killed. Multiple reports alleged that at least five women were also raped and killed in the incident. Their village was burned. Hundreds of men taken away were now missing.
In a cynical move, the military had pressured and threatened young Rohingya men to join their ranks. Some reports had indicated thousands of Rohingya youth had been conscripted into the very same forces that displaced hundreds of thousands of their community in 2016 and 2017.
In response, the Arakan Army had exhorted Rohingya to fight with them against the military. They had targeted their communities by forcibly displacing residents. On multiple occasions, they had detained or killed men of fighting age who they suspected of taking up arms against them. These tactics had brought back the shocking images and memories from 2017 of systematic terrorisation, persecution and forced displacement of populations. Today, sections of Maungdaw and Buthidaung had been alternately burned. Ethnic Rakhine houses and neighbourhoods were set alight, followed days later by the burning of Rohingya villages. Tens of thousands of civilians from these communities had been forced to flee, among them entire Rohingya communities with no guarantees of finding safe haven. Over one million Rohingya refugees in Bangladesh were still living in limbo in dire conditions, with no prospect for durable solutions.
All this in the face of binding provisional measures ordered by the International Court of Justice for the protection of Rohingya while it examined the case alleging genocide brought before it by Gambia and other Member States. Accountability, including in proceedings currently pending before the International Criminal Court, was absolutely critical. The failures to ensure accountability in Myanmar’s past transition were now allowing history to repeat itself and were haunting the present and the future. The situation in Rakhine state was – tragically – just one example of how this coup, which had resulted in three years of conflict, had brought pain and suffering to an entire country.
The attacks by the military had been, and continued to be, indiscriminate. Since February 2021, at least 5,280 civilians, including 1,022 women and 667 children, had been killed at the hands of the military. At least 26,865 individuals had been arrested and 20,592 remained in detention. There were now three million people internally displaced by these conflicts, the vast majority still without proper shelter, access to food or water, essential medicines or healthcare. These and so many more of the cruel consequences of the military’s continued denial of humanitarian access remained invisible and under-reported.
Mr. Türk said the violence needed to end. The attacks against civilians, the forced conscription and the denial of humanitarian aid needed to end. Mr. Türk urged all parties to prevent the recurrence of the atrocity crimes committed against the Rohingya in 2016 and 2017. He also called on countries in the region to ensure international protection, and provision of adequate shelter, support and long-term access to essential services to people fleeing the violence and persecution. Special provisions needed to be made for human rights defenders, who were particularly exposed and often faced transnational threats and refoulement.
Mr. Türk said nobody should be forcibly returned to Myanmar at this time. There needed to be an urgent rethink of how the international community could respond collectively to this unmitigated crisis. It was time to go beyond the Association of Southeast Asian Nations’ Five Point Consensus that had failed to stem the violence or restore democracy. The Association’s efforts needed to be reenergised and backed by a consortium of influential States to develop a new roadmap that could restore the destiny of Myanmar to its people. This needed to factor in the new realities of local governance emerging on the ground, which could provide building blocks towards a democratic future from the bottom up.
Myanmar’s people needed to have a place at the table. This meant reaching out to the democracy movement and youth, involving them meaningfully in the resolution of this crisis. The new generation in Myanmar – particularly the women’s leadership that had emerged – needed to be supported in a “visioning process” for the future of the country. With more attention, more investment, more political will and more action, this situation could be turned around for a better tomorrow for the people of Myanmar.
Discussion
In the discussion, many speakers, among other things, said they remained deeply disturbed by the frequent and credible reports of serious violations and abuses of human rights and international law in Myanmar and the deeply deteriorating humanitarian situation. They shared the grave concerns expressed in recent statements from the High Commissioner, the Independent Investigative Mechanism for Myanmar and the Special Rapporteur that detailed targeted attacks against civilians, including Rohingya, which had led people to flee to the Bangladesh border and hampered humanitarian access. Speakers condemned the repressive actions of the Myanmar military; all violence against civilians must cease.
Conflict continued to escalate across Myanmar, causing suffering across the country, including through military attacks causing civilian fatalities; aerial attacks and shelling of homes, schools, places of worship and hospitals; and mass killings, persecution, torture and sexual and gender-based violence. The forced and prolonged recruitment of conscripts, including forced recruitment of children, exacerbated the civil war and disrupted society at every level, while fuelling identity-based violence. A record 1.3 million people had been displaced, with many of them being children, facing increasing human rights violations.
Many speakers said they were deeply concerned at the resumption of hostilities in Rakhine state and at the recent reports of violence, forced displacement and property destruction against the Rohingya Muslims in Buthidaung township in Rakhine. In Rakhine state, the reported forced recruitment of Rohingya was further dividing communities, and bringing to the surface deep-seated ethnic tensions and mistrust, making it increasingly dangerous for all civilians. Since February, Myanmar security forces had press ganged as many as 5,000 Rohingya men and boys from across Rakhine. Thus, Rohingya who had been denied citizenship and basic freedoms under the military’s system of apartheid were being forced unlawfully to fight on the junta’s behalf. Grave concern was expressed at the forced recruitment and use of Rohingya as a human shield by the warring parties in Rakhine. It was vital to immediately put an end to this illegal conscription and allow Rohingya already conscripted to return home.
Speakers underscored the International Court of Justice’s provisional measures order from 23 January 2020 and the urgent need for compliance with it. Without accountability, there could be no lasting peace. Some speakers welcomed the appointment of the Special Envoy of the United Nations Secretary-General on Myanmar, Julie Bishop. Bangladesh was commended for hosting the Rohingya refugees, as well as Gambia for its efforts to hold the perpetrators accountable at the International Criminal Court of Justice. Some speakers reiterated their willingness to work with Gambia and like-minded countries to bring justice to the Rohingya.
Some speakers said the Myanmar issue was very complex. Only by upholding sovereign equality and non-involvement in internal affairs could the problems truly be solved, and human rights upheld. Repatriation was the only way out of the Rohingya crisis. Some speakers expressed concern at the ongoing politicisation of the Human Rights Council’s mandate on Myanmar and the fact that the country concerned did not consent to the process. Some information from the Myanmar Government had not been included in the report, a speaker said, meaning the report provided a distorted reality of the situation on the ground.
Many speakers urged all conflicting parties to protect the Rohingya Muslims and ensure their safety and security. They called for an immediate end to all violations and abuses against civilians, the provision of full and unhindered humanitarian access, the release of all political prisoners, and an inclusive dialogue with meaningful participation of all stakeholders. All parties, in particular the Myanmar military, needed to allow complete, safe and unhindered humanitarian access to all persons in need and ensure the protection of civilians.
States were called on to prevent or halt the flow of arms, military and dual-use materials to the Myanmar military. In the context of decreasing funding in Joint Response Plan, the international community needed to keep investing in the wellbeing, safety, and dignity of Rohingya, and help realise their right to return to their homeland in Rakhine. The Office of the High Commissioner for Human Rights needed to closely monitor the situation in Rakhine and play an active role in pursuing a durable solution to the crisis, including through contributing to accountability processes.
Many speakers reiterated their resolute support for the people of Myanmar. Ensuring justice and accountability for all human rights violations and abuses, committed by any actor, was crucial, and in this regard, the Independent Investigative Mechanism for Myanmar was vital. Speakers reiterated their support for this important mechanism. Among questions, speakers asked the High Commissioner to provide more information on the unique needs of women and girls who were internally displaced and what could be done to strengthen their protection? How instrumental was the flow of dual-use goods and jet fuel to committing human rights violations and abuses? What else could be done to ensure accountability of perpetrators of grave violations of international human rights and humanitarian law, which, despite all the processes initiated at the international level, was still being committed?
Concluding Remarks by the High Commissioner
VOLKER TÜRK, United Nations High Commissioner for Human Rights, in concluding remarks, said the response to the crisis was cross-regional. The message to the military in Myanmar was that the world was watching and urgent action needed to be taken. This was an issue that had regional and global implications. The violence had affected a large percentage of Myanmar’s townships. There were over 18 million people in need of urgent humanitarian assistance and 25 million living below the poverty line. There were over a million refugees being hosted in Bangladesh, and hundreds of thousands in other neighbouring countries. This was a crisis that had international implications.
Many women and girls had been killed by the military since the start of the coup. Women had been sentenced to death. Half of the internally displaced population were women and girls. They had limited access to shelter and food. The humanitarian response needed to be stepped up and there needed to be more creativity in how it was delivered. It needed to avoid all military channels. The non-military channels needed to be increased massively. The support of the Association of Southeast Asian Nations needed to be built up and United Nations support needed to be strengthened. Neither the Arakan Army nor the military would protect the Rohingya. All human rights violations needed to be properly documented. The impact of airstrikes on the civilian population was horrendous. Airstrikes had claimed at least 362 civilians since last August.
There were governance structures at the local level providing essential services. There needed to be creative models developed to support these structures. There were capacities at the local level to forge a new Myanmar society. Women’s leadership was essential in this regard.
The International Court of Justice and International Criminal Court processes were essential for ensuring accountability. Mr. Türk congratulated Gambia for pursuing these processes. He also called for support for the Independent Investigative Mechanism for Myanmar. The Security Council needed to broaden its mandate on the situation in Myanmar.
More efforts needed to be devoted to ensuring that hate speech and disinformation on the issue was not prevalent on social media. It was possible to reconstruct community cohesion. Mr. Türk said that he had in his most recent visit to the region been able to visit with refugees from all affected groups; this had not been possible in the past. There needed to be a stepping up of international support to respond to this deeply worrying situation in the country.
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