HUMAN RIGHT WATCH AND BURMA(MYANMAR)

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Jul 13, 2018 - World Report 2018: Burma | Human Rights Watch ... “Bengali” instead of “Rohingya” to label them as foreigners. ..... remains on the UN's annual “list of shame” for the military's use and .... continued to receive strong backing from Western donors, ..... meeting with police officers who handed them papers in.
7/13/2018

World Report 2018: Burma | Human Rights Watch

WORLD REPORT 2018

ESSAYS

COUNTRIES

Burma

Events of 2017 Rohingya refugees walk through rice fields after crossing the border from Burma into Palang Khali, near Cox’s Bazar, Bangladesh, October 19, 2017.  © 2017 Jorge Silva/Reuters

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Burma’s stalled democratic transition gave way to a massive human rights and humanitarian crisis starting in August 2017, when the military launched a large-scale ethnic cleansing campaign against the Rohingya Muslim population in Rakhine State. More than 650,000 Rohingya have fled to neighboring Bangladesh to escape mass killings, sexual violence, arson, and other abuses amounting to crimes against humanity by the security forces. 2017 marked the country’s first full year under the democratically elected civilian government led by the National League for Democracy (NLD) and de facto civilian leader Aung San Suu Kyi. The NLD-led government took some positive steps, including ratifying the International Covenant on Economic, https://www.hrw.org/world-report/2018/country-chapters/burma

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Social and Cultural Rights, engaging in some efforts to resolve past land confiscation cases, and enacting minor reforms to laws regulating speech and assembly. However, the government increasingly used repressive laws to prosecute journalists, activists, and critics for peaceful expression deemed critical of the government or military. Despite the appearance of civilian rule, the military remained the primary power-holder in the country. It continued to block efforts to amend the 2008 constitution, which allows the armed forces to retain authority over national security and public administration through control of the defense, home affairs, and border affairs ministries. The constitutional provision allowing the military to appoint 25 percent of parliamentary seats affords it an effective veto over constitutional amendments. The peace process with ethnic armed groups made no meaningful progress. Fighting intensified in Kachin and northern Shan States, resulting in an increase in forced displacement and other abuses against civilians, primarily by government forces.

The Burmese army carried out systematic killings and rape of several hundred Rohingya Muslims in Tula Toli village in Rakhine State on August 30, 2017.

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Crimes Against Humanity and Ethnic Cleansing of Rohingya On August 25, in response to coordinated attacks on security force outposts northern Rakhine State by militants from the Arakan Rohingya Salvation Army (ARSA), security forces launched a large-scale military operation against the Rohingya Muslim population. Military units, assisted by ethnic Rakhine militias, attacked Rohingya villages and committed massacres, widespread rape, arbitrary detention, and mass arson. Some Rohingya who fled were killed or maimed by landmines laid by soldiers on paths near the Bangladesh-Burma border. Satellite imagery showed that more than 340 primarily Rohingya villages were either substantially or completely destroyed.

Burmese security forces have committed widespread rape against women and girls as part of a campaign of ethnic cleansing against Rohingya Muslims in Burma’s Rakhine State.

Prior to August 25, the total Rohingya population in Burma was estimated to be more than 1 million, though precise figures do not exist as the Rohingya were excluded from the 2014 census. An estimated 120,000 Rohingya remain internally displaced in central Rakhine State from waves of violence https://www.hrw.org/world-report/2018/country-chapters/burma

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in 2012. The military and government have denied that the Rohingya are a distinct ethnic group, effectively denying them citizenship, and calling them “Bengali” instead of “Rohingya” to label them as foreigners. The military and government appointed multiple investigative commissions on the 2016-2017 violence, but each engaged in whitewashing, denying any unlawful killings. The Burmese government repeatedly stated it would not grant access to members of a United Nations Fact-Finding Mission, created by the UN Human Rights Council (UNHRC) in March 2017 following attacks on the Rohingya in late 2016. In December 2017, the UN General Assembly passed a resolution urging Burma to give the mission full, unrestricted, and unmonitored access. The government denied access to affected areas in Rakhine State to independent journalists and human rights monitors. It also continued to heavily restrict access to humanitarian agencies, compounding the already-dire humanitarian conditions that internally displaced people (IDP) and other residents face.

Ethnic Conflicts and Forced Displacement As the peace process stalled, fighting between the military and ethnic armed groups continued over the year in Kachin and northern Shan States, with civilians endangered by indiscriminate attacks, forced displacement, and blockage of aid by the government. Approximately 100,000 civilians remain displaced in camps in the region, many near areas of active conflict, heightening their vulnerability.

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World Report 2018: Burma | Human Rights Watch

In March, fighting broke out in the Kokang region of Shan State when the Myanmar National Democratic Alliance Army (MNDAA) attacked military posts and casinos in Laukkai. Over 20,000 temporarily fled across the border into China, and about 10,000 were displaced to central Burma. In June, fighting escalated in Tanai township in Kachin State, displacing thousands. Sporadic fighting in Chin State with the Arakan Army, comprised of ethnic Rakhine Buddhists, endangered civilians, forcing hundreds from their homes. Reports rose of injuries and deaths caused by landmines, used by both government and ethnic armed forces. Landmine casualties in Burma over the past decade are the third highest in the world. Both government and ethnic armed groups unlawfully recruited children for their forces. The government did not adequately or effectively investigate alleged abuses by military personnel in conflict areas.

Attacks on Free Expression and Media The government increased its use of overly broad and vaguely worded laws to detain, arrest, and imprison individuals for peaceful expression. Activists and journalists reported an increase in surveillance, threats, and intimidation by security personnel or their agents. The rise in prosecutions of journalists has had a chilling effect on the country’s media. Prosecutions for critiques of government or military officials have surged since the NLD took office. Over 90 cases have been filed under section 66(d) of the 2013 Telecommunications Act, a vaguely worded law that criminalizes broad categories of online speech, with over 20 journalists among those charged. https://www.hrw.org/world-report/2018/country-chapters/burma

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In September, after parliament rejected a proposal to remove the law’s criminal penalty, President Htin Kyaw signed into law amendments to the act that reduced the maximum prison sentence from three to two years and allowed for bail, but the majority of problematic provisions were retained. In January 2017, the army filed defamation charges under section 500 of the penal code against nine students who performed a satirical play about armed conflict at a peace assembly in Irrawaddy Region. A local human rights defender was charged under section 66(d) in June for streaming a video of the play on Facebook. The chief editor of Myanmar Now, Swe Win, was arrested in July under section 66(d) for a Facebook post criticizing extremist Buddhist monk Wirathu. He was released on bail but has faced extensive pretrial delays. Khaing Myo Htun, an environmental rights activist, was sentenced to 18 months in prison in October for violating sections 505(b) and (c) of the penal code, which criminalizes speech that is likely to cause fear or harm and incites classes or groups to commit offenses against each other. He had been detained since July 2016 for helping prepare a statement released by the Arakan Liberation Party, of which he was the deputy spokesperson, accusing the military of rights violations. The Voice newspaper’s chief editor Kyaw Min Swe and columnist Kyaw Zwa Naing were arrested in June under section 25(b) of the 2014 Media Law and section 66(d) of the Telecommunications Act for an article satirizing a military propaganda film, despite having printed an apology in May. Later that month, three journalists—Aye Nai and Pyae Phone Naing from the Democratic Voice of Burma (DVB), and Lawi Weng from The Irrawaddy—were detained under section 17(1) of the 1908 Unlawful Associations Act while reporting on an event organized by the Ta’ang National Liberation Army (TNLA), an ethnic armed group, in northern Shan State. After a domestic and international outcry, the charges were dropped. The government has long used the Unlawful Associations Act to restrict freedom of association and detain peaceful activists. In October, authorities sentenced two Kachin Baptist community leaders, Dumdaw Nawng Lat and Langjaw Gam Seng, to four years and two years in prison, respectively, https://www.hrw.org/world-report/2018/country-chapters/burma

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under section 17(1). The two men were charged with allegedly supporting the Kachin Independence Army (KIA) after they assisted journalists documenting military damage to civilian areas in northern Shan State. Despite changes to the Peaceful Assembly and Peaceful Procession Act, the right to protest is still limited. In October, the law was amended to remove the requirement of government consent to hold an assembly or processions, yet it retains several provisions that fail to meet international standards. The police announced in November a total ban on all public assemblies in 11 major townships in Rangoon. A new privacy law enacted in March includes vague provisions on surveillance and data protection.

Religious Freedom Religious minorities, including Hindus, Christians, and Muslims, continue to face threats and persecution in a country that is approximately 88 percent Buddhist. Religious activities are often tightly regulated and authorities threaten to fine or imprison those who conduct organized prayers in their homes. In May, authorities sent a letter to a Christian man in Rangoon, warning him not to continue to pray in his home with others without first receiving approval from authorities. In Sagaing Region, a Buddhist mob attacked Christian worshippers, destroying homes and personal property.

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The government took increasing action against Buddhist monks and organizations that used extremist and ultranationalist rhetoric. In May, the government banned the use of the name and logos of the Buddhist-monk-led Ma Ba Tha, or Association for the Protection of Race and Religion. Some but not all branches of the organization complied. A well-known extremist monk, Wirathu, was banned from public speaking for one year, but has on occasion violated the order without consequences. In April, a mob of about 50 to 100 Buddhist ultranationalists put pressure on local officials and police in Rangoon’s Thaketa township to close two Islamic schools. The authorities carried out the mob’s demand and have not reopened the schools, denying several hundred students access to education. Following the closures, local officials charged seven Muslims who participated in a public prayer session on May 31. They faced up to six months in jail for holding public prayers under the Ward or Village Tract Administration Law.

Attacks on Human Rights Defenders Accountability for attacks on human rights defenders remains impeded by the country’s weak rule of law, corrupt judiciary, and unwillingness to prosecute members of the security forces. On January 29, Ko Ni, a prominent Muslim lawyer and senior NLD advisor, was shot and killed outside the Rangoon airport. Ko Ni, a longtime advocate for interfaith dialogue and democratic reform, had been a proponent of controversial legislation including a hate speech bill and constitutional

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amendments. Authorities arrested four suspects, but have not apprehended the individual alleged to have engineered the attack. Aung San Suu Kyi was widely criticized for her silence after the killing. Three recent murders of environmental defenders—rights activist Naw Chit Pandaing and investigative journalist Soe Moe Tun in late 2016, and community leader Lung Jarm Phe in February 2017—remain unsolved. On November 1, a land rights defender in northern Shan State, Htay Aung, was killed by a mob while on his way to discuss a dispute over confiscated land.

Land Rights and Government Land Seizures The government took several steps toward reforming land laws that provide weak land tenure security for farmers and toward resolving decades-old claims of land confiscation that occurred under military rule. However, progress was limited as attempts to reform laws and land governance structures failed to provide additional protections for landholders and did not incorporate provisions of the 2016 National Land Use Policy. Farmers faced threats and arrests for protesting about unresolved land confiscation claims. Poor redress mechanisms left many without a livelihood or compensation and facing increased barriers to health care and education.

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Human Trafficking Human trafficking remained a serious problem in several areas, particularly in the north where armed conflict and widespread displacement exacerbated financial instability. Women and girls in Kachin and Shan States who went to China in search of work faced abuses. Many women and girls were sold to Chinese families as “brides” and often faced horrific abuses including being locked up, subjected to sexual slavery, forced to bear children of their “husbands” by rape, and forcibly separated from their children. The Burmese government put few measures in place to protect women and girls from these abuses or assist women and girls who escaped or sought to do so.

Key International Actors China continued to strengthen its ties with Burma, shielding the Burmese government from concerted international action and scrutiny over the Rohingya crisis. Large-scale infrastructure projects ramped up under China’s “One Belt, One Road” initiative, including an eastern seaport development that offers strategic access to the Indian Ocean. China attempted to play a larger role in Burma’s peace process through ties to ethnic armed groups on the border. In November, China served as a mediator for talks between Burma and Bangladesh on the return of Rohingya refugees, but the resulting agreement failed to meet international standards for the protection and respect of rights of refugees. Burma’s civilian government continued to receive strong backing from Western donors, who remained hopeful about the reform process yet concerned about weak governance and the increased role and stature of the https://www.hrw.org/world-report/2018/country-chapters/burma

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military. In response to the Rohingya crisis, in September the UN Security Council held its first open discussion of the situation in Burma in eight years. A draft Security Council resolution was blocked by a veto threat from China. Instead, in November it adopted a Presidential Statement expressing grave concern over reports of human rights violations in Rakhine State by Burma’s security forces and calling on Burma to cooperate with UN investigative bodies. In December, the UN General Assembly adopted a resolution drafted by the Organisation of Islamic Cooperation (OIC) and co-sponsored by a broad cross-regional coalition that called for an end to military operations, unhindered access for humanitarian assistance and actors, the voluntary and sustainable return of refugees to their original places, accountability for violations and abuses, and full respect for the “human rights and fundamental freedoms” of the Rohingya population, including full citizenship. The resolution also requested the appointment of a special envoy to Burma. In December, the UNHRC held a special session condemning the violations, urging the government to grant access to the council-created Fact-Finding Mission, and calling on the government to address root causes, such as statelessness and the denial of citizenship to Rohingya. The council said that returns should be safe, voluntary, dignified, and in accordance with international law, and requested additional reporting by the UN High Commissioner for Human Rights. While Burma faced widespread international condemnation for the military’s ethnic cleansing of the Rohingya, concrete action was less forthcoming. In September, the United Kingdom announced it was halting all engagement programs with the Burmese military. In October, the European Union suspended invitations to senior military officers and undertook a review of defense cooperation. The United States ceased consideration of travel waivers for current and former senior military officials and rescinded invitations for senior military officials to attend US-sponsored events. In October, citing the crisis in Rakhine State, the World Bank announced it https://www.hrw.org/world-report/2018/country-chapters/burma

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would delay a loan for US$200 million, its first direct financial assistance to the government’s budget since the institution suspended its lending to the country in the late 1980s. The US government removed Burma from its annual list of governments using child soldiers, despite documentation of ongoing recruitment. Burma remains on the UN’s annual “list of shame” for the military’s use and recruitment of child soldiers. The US also upgraded Burma’s designation in its global Trafficking in Persons (TIP) Report, despite continued violations and weak efforts by the government to end trafficking and punish those responsible.

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JANUARY 2018

COUNTRY SUMMARY

Burma Burma’s stalled democratic transition gave way to a massive human rights and humanitarian crisis starting in August 2017, when the military launched a large-scale ethnic cleansing campaign against the Rohingya Muslim population in Rakhine State. By November, over 625,000 Rohingya had fled to neighboring Bangladesh to escape mass killings, sexual violence, arson, and other abuses amounting to crimes against humanity by the security forces. 2017 marked the country’s first full year under the democratically elected civilian government led by the National League for Democracy (NLD) and de facto civilian leader Aung San Suu Kyi. The NLD-led government took some positive steps, including ratifying the International Covenant on Economic, Social and Cultural Rights, engaging in some efforts to resolve past land confiscation cases, and enacting minor reforms to laws regulating speech and assembly. However, the government increasingly used repressive laws to prosecute journalists, activists, and critics for peaceful expression deemed critical of the government or military. Despite the appearance of civilian rule, the military remained the primary power-holder in the country. It continued to block efforts to amend the 2008 constitution, which allows the armed forces to retain authority over national security and public administration through control of the defense, home affairs, and border affairs ministries. The constitutional provision allowing the military to appoint 25 percent of parliamentary seats affords it an effective veto over constitutional amendments. The peace process with ethnic armed groups made no meaningful progress. Fighting intensified in Kachin and northern Shan States, resulting in an increase in forced displacement and other abuses against civilians, primarily by government forces.

Crimes Against Humanity and Ethnic Cleansing of Rohingya On August 25, in response to coordinated attacks on security force outposts northern Rakhine State by militants from the Arakan Rohingya Salvation Army (ARSA), security forces launched a large-scale military operation against the Rohingya Muslim population. Military units, assisted by ethnic Rakhine militias, attacked Rohingya villages and committed massacres, widespread rape, arbitrary detention, and mass arson. Some Rohingya who fled were killed or maimed by landmines laid by soldiers on paths near the Bangladesh-Burma border. Satellite imagery showed that more than 340 primarily Rohingya villages were either substantially or completely destroyed. Prior to August 25, the total Rohingya population in Burma was estimated to be more than 1 million, though precise figures do not exist as the Rohingya were excluded from the 2014 census. An estimated 120,000 Rohingya remain internally displaced in central Rakhine State from waves of violence in 2012. The military and government have denied that the Rohingya are a distinct ethnic group, effectively denying them citizenship, and calling them “Bengali” instead of “Rohingya” to label them as foreigners. The military and government appointed multiple investigative commissions on the 20162017 violence, but each engaged in whitewashing, denying any unlawful killings. The Burmese government repeatedly stated it would not grant access to members of a United Nations Fact-Finding Mission, created by the UN Human Rights Council (UNHRC) in March 2017 following attacks on the Rohingya in late 2016. In December 2017, the UN General Assembly passed a resolution urging Burma to give the mission full, unrestricted, and unmonitored access. The government denied access to affected areas in Rakhine State to independent journalists and human rights monitors. It also continued to heavily restrict access to humanitarian agencies, compounding the already-dire humanitarian conditions that internally displaced people (IDP) and other residents face.

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Ethnic Conflicts and Forced Displacement As the peace process stalled, fighting between the military and ethnic armed groups continued over the year in Kachin and northern Shan States, with civilians endangered by indiscriminate attacks, forced displacement, and blockage of aid by the government. Approximately 100,000 civilians remain displaced in camps in the region, many near areas of active conflict, heightening their vulnerability. In March, fighting broke out in the Kokang region of Shan State when the Myanmar National Democratic Alliance Army (MNDAA) attacked military posts and casinos in Laukkai. Over 20,000 temporarily fled across the border into China, and about 10,000 were displaced to central Burma. In June, fighting escalated in Tanai township in Kachin State, displacing thousands. Sporadic fighting in Chin State with the Arakan Army, comprised of ethnic Rakhine Buddhists, endangered civilians, forcing hundreds from their homes. Reports rose of injuries and deaths caused by landmines, used by both government and ethnic armed forces. Landmine casualties in Burma over the past decade are the third highest in the world. Both government and ethnic armed groups unlawfully recruited children for their forces. The government did not adequately or effectively investigate alleged abuses by military personnel in conflict areas.

Attacks on Free Expression and Media The government increased its use of overly broad and vaguely worded laws to detain, arrest, and imprison individuals for peaceful expression. Activists and journalists reported an increase in surveillance, threats, and intimidation by security personnel or their agents. The rise in prosecutions of journalists has had a chilling effect on the country’s media. Prosecutions for critiques of government or military officials have surged since the NLD took office. Over 90 cases have been filed under section 66(d) of the 2013 Telecommunications Act, a vaguely worded law that criminalizes broad categories of online speech, with over 20 journalists among those charged.

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In September, after parliament rejected a proposal to remove the law’s criminal penalty, President Htin Kyaw signed into law amendments to the act that reduced the maximum prison sentence from three to two years and allowed for bail, but the majority of problematic provisions were retained. In January 2017, the army filed defamation charges under section 500 of the penal code against nine students who performed a satirical play about armed conflict at a peace assembly in Irrawaddy Region. A local human rights defender was charged under section 66(d) in June for streaming a video of the play on Facebook. The chief editor of Myanmar

Now, Swe Win, was arrested in July under section 66(d) for a Facebook post criticizing extremist Buddhist monk Wirathu. He was released on bail but has faced extensive pretrial delays. Khaing Myo Htun, an environmental rights activist, was sentenced to 18 months in prison in October for violating sections 505(b) and (c) of the penal code, which criminalizes speech that is likely to cause fear or harm and incites classes or groups to commit offenses against each other. He had been detained since July 2016 for helping prepare a statement released by the Arakan Liberation Party, of which he was the deputy spokesperson, accusing the military of rights violations.

The Voice newspaper’s chief editor Kyaw Min Swe and columnist Kyaw Zwa Naing were arrested in June under section 25(b) of the 2014 Media Law and section 66(d) of the Telecommunications Act for an article satirizing a military propaganda film, despite having printed an apology in May. Later that month, three journalists—Aye Nai and Pyae Phone Naing from the Democratic Voice of Burma (DVB), and Lawi Weng from The Irrawaddy— were detained under section 17(1) of the 1908 Unlawful Associations Act while reporting on an event organized by the Ta’ang National Liberation Army (TNLA), an ethnic armed group, in northern Shan State. After a domestic and international outcry, the charges were dropped. The government has long used the Unlawful Associations Act to restrict freedom of association and detain peaceful activists. In October, authorities sentenced two Kachin Baptist community leaders, Dumdaw Nawng Lat and Langjaw Gam Seng, to four years and two years in prison, respectively, under section 17(1). The two men were charged with

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allegedly supporting the Kachin Independence Army (KIA) after they assisted journalists documenting military damage to civilian areas in northern Shan State. Despite changes to the Peaceful Assembly and Peaceful Procession Act, the right to protest is still limited. In October, the law was amended to remove the requirement of government consent to hold an assembly or processions, yet it retains several provisions that fail to meet international standards. The police announced in November a total ban on all public assemblies in 11 major townships in Rangoon. A new privacy law enacted in March includes vague provisions on surveillance and data protection.

Religious Freedom Religious minorities, including Hindus, Christians, and Muslims, continue to face threats and persecution in a country that is approximately 88 percent Buddhist. Religious activities are often tightly regulated and authorities threaten to fine or imprison those who conduct organized prayers in their homes. In May, authorities sent a letter to a Christian man in Rangoon, warning him not to continue to pray in his home with others without first receiving approval from authorities. In Sagaing Region, a Buddhist mob attacked Christian worshippers, destroying homes and personal property. The government took increasing action against Buddhist monks and organizations that used extremist and ultranationalist rhetoric. In May, the government banned the use of the name and logos of the Buddhist-monk-led Ma Ba Tha, or Association for the Protection of Race and Religion. Some but not all branches of the organization complied. A well-known extremist monk, Wirathu, was banned from public speaking for one year, but has on occasion violated the order without consequences. In April, a mob of about 50 to 100 Buddhist ultranationalists put pressure on local officials and police in Rangoon’s Thaketa township to close two Islamic schools. The authorities carried out the mob’s demand and have not reopened the schools, denying several

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hundred students access to education. Following the closures, local officials charged seven Muslims who participated in a public prayer session on May 31. They faced up to six months in jail for holding public prayers under the Ward or Village Tract Administration Law.

Attacks on Human Rights Defenders Accountability for attacks on human rights defenders remains impeded by the country’s weak rule of law, corrupt judiciary, and unwillingness to prosecute members of the security forces. On January 29, Ko Ni, a prominent Muslim lawyer and senior NLD advisor, was shot and killed outside the Rangoon airport. Ko Ni, a longtime advocate for interfaith dialogue and democratic reform, had been a proponent of controversial legislation including a hate speech bill and constitutional amendments. Authorities arrested four suspects, but have not apprehended the individual alleged to have engineered the attack. Aung San Suu Kyi was widely criticized for her silence after the killing. Three recent murders of environmental defenders—rights activist Naw Chit Pandaing and investigative journalist Soe Moe Tun in late 2016, and community leader Lung Jarm Phe in February 2017—remain unsolved. On November 1, a land rights defender in northern Shan State, Htay Aung, was killed by a mob while on his way to discuss a dispute over confiscated land.

Land Rights and Government Land Seizures The government took several steps toward reforming land laws that provide weak land tenure security for farmers and toward resolving decades-old claims of land confiscation that occurred under military rule. However, progress was limited as attempts to reform laws and land governance structures failed to provide additional protections for landholders and did not incorporate provisions of the 2016 National Land Use Policy. Farmers faced threats and arrests for protesting about unresolved land confiscation claims. Poor redress mechanisms left many without a livelihood or compensation and facing increased barriers to health care and education.

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Human Trafficking Human trafficking remained a serious problem in several areas, particularly in the north where armed conflict and widespread displacement exacerbated financial instability. Women and girls in Kachin and Shan States who went to China in search of work faced abuses. Many women and girls were sold to Chinese families as “brides” and often faced horrific abuses including being locked up, subjected to sexual slavery, forced to bear children of their “husbands” by rape, and forcibly separated from their children. The Burmese government put few measures in place to protect women and girls from these abuses or assist women and girls who escaped or sought to do so.

Key International Actors China continued to strengthen its ties with Burma, shielding the Burmese government from concerted international action and scrutiny over the Rohingya crisis. Large-scale infrastructure projects ramped up under China’s “One Belt, One Road” initiative, including an eastern seaport development that offers strategic access to the Indian Ocean. China attempted to play a larger role in Burma’s peace process through ties to ethnic armed groups on the border. In November, China served as a mediator for talks between Burma and Bangladesh on the return of Rohingya refugees, but the resulting agreement failed to meet international standards for the protection and respect of rights of refugees. Burma’s civilian government continued to receive strong backing from Western donors, who remained hopeful about the reform process yet concerned about weak governance and the increased role and stature of the military. In response to the Rohingya crisis, in September the UN Security Council held its first open discussion of the situation in Burma in eight years. A draft Security Council resolution was blocked by a veto threat from China. Instead, in November it adopted a Presidential Statement expressing grave concern over reports of human rights violations in Rakhine State by Burma’s security forces and calling on Burma to cooperate with UN investigative bodies.

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In December, the UN General Assembly adopted a resolution drafted by the Organisation of Islamic Cooperation (OIC) and co-sponsored by a broad cross-regional coalition that called for an end to military operations, unhindered access for humanitarian assistance and actors, the voluntary and sustainable return of refugees to their original places, accountability for violations and abuses, and full respect for the “human rights and fundamental freedoms” of the Rohingya population, including full citizenship. The resolution also requested the appointment of a special envoy to Burma. In December, the UNHRC held a special session condemning the violations, urging the government to grant access to the council-created Fact-Finding Mission, and calling on the government to address root causes, such as statelessness and the denial of citizenship to Rohingya. The council said that returns should be safe, voluntary, dignified, and in accordance with international law, and requested additional reporting by the UN High Commissioner for Human Rights. While Burma faced widespread international condemnation for the military’s ethnic cleansing of the Rohingya, concrete action was less forthcoming. In September, the United Kingdom announced it was halting all engagement programs with the Burmese military. In October, the European Union suspended invitations to senior military officers and undertook a review of defense cooperation. The United States ceased consideration of travel waivers for current and former senior military officials and rescinded invitations for senior military officials to attend US-sponsored events. In October, citing the crisis in Rakhine State, the World Bank announced it would delay a loan for US$200 million, its first direct financial assistance to the government’s budget since the institution suspended its lending to the country in the late 1980s. The US government removed Burma from its annual list of governments using child soldiers, despite documentation of ongoing recruitment. Burma remains on the UN’s annual “list of shame” for the military’s use and recruitment of child soldiers. The US also upgraded Burma’s designation in its global Trafficking in Persons (TIP) Report, despite continued violations and weak efforts by the government to end trafficking and punish those responsible.

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Burma Burma’s stalled democratic transition has given way to a massive human rights and humanitarian crisis. Since August 2017, the military has committed mass killings, sexual violence, and widespread arson against Rohingya Muslims in Rakhine State that amount to crimes against humanity, forcing several hundred thousand to flee to Bangladesh. Armed conflict between the military and ethnic armed groups in northern Burma has intensified, causing mass displacement. Under Aung San Suu Kyi’s de facto leadership, prosecutions of journalists, activists, and critics have increased. The military remains the country’s most powerful institution, with control of key ministries and autonomy from civilian oversight. Available in

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Accountability Mechanism Needed to Break the Cycle of Impunity in Myanmar

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Myanmar’s Proposed Rakhine Commission Latest Sham Param-Preet Singh Associate Director, International Justice Program

May

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Canada Promotes Justice for Myanmar’s Rohingya Farida Deif Canada Director

May

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Joint Submission to CEDAW on Myanmar

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May

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Myanmar: Deadline to Report on Rape of Rohingya to UN

May

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Bangladesh: Landslides Threaten Rohingya Shelters

May ,

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When Will Britain Step Up on Burma? David Mepham UK Director Published In:

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UN Security Council: Refer Myanmar to ICC

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As the International Criminal Court nears 20th anniversary, justice more important than ever; what the football World Cup has taught us; Iran arrested women for dancing; secret jails in south Yemen exposed by Amnesty; what Malala wants for her 21st birthday; police and military interfering in Cambodia's elections; and why clean water is a human right... 

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Myanmar: Quash Conviction of Former Child Soldier | Human Rights Watch

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Myanmar: Quash Conviction of Former Child Soldier Protect Victims of Underage Military Recruitment









Myanmar army soldiers take positions near Laukkai, February 17, 2015. © 2015 Reuters

(Yangon) –   authorities should exonerate and release a former child soldier who spoke to journalists about his army experiences, Human Rights Watch said today. On March 28, 2018, the Dagon Seikkan Township Court sentenced Aung Ko Htwe to two years in prison

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with hard labor under penal code section 505(b), whose overbroad provisions have frequently been used to curtail Email address freedom of expression.

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Myanmar security forces arrested Aung Ko Htwe on August 18, 2017, following an interview he gave to Radio Free Asia   into the army in 2005 at age 14. A military officer thenfiled a complaint against him under section 505(b). Aung Ko Htwe faces up to three additional years in prison for allegedly desecrating Myanmar’s seal during the trial.  “The prosecution of Aung Ko Htwe reveals the depths of the Myanmar military’s efforts to muzzle anyone who exposes its wrongdoing,” said  , Asia director. “Former child soldiers should receive support and rehabilitation, not further military abuse. The authorities should immediately pardon and release him.”  In his interview with Radio Free Asia, Aung Ko Htwe described how he was abducted from a Yangon train station and conscripted into the army. In 2007, he tried to flee from the army with two other child soldiers. During their escape, they   a motorbike owner while attempting to rob him. All three children  . Aung Ko Htwe signed a confession after months in an army prison camp, but later stated  . The sentence   to 10 years in prison, and he was released in July 2017 – one month before his arrest under section 505(b).

The prosecution of Aung Ko Htwe reveals the depths of the Myanmar military’s e orts to muzzle anyone who exposes its wrongdoing. ” https://www.hrw.org/news/2018/04/02/myanmar-quash-conviction-former-child-soldier

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In 2009, his family   about his recruitment with the International Labour Organization (ILO), media reported. Under the terms of the 2007 ILO agreement with Myanmar, Aung Ko Htwe is entitled to continued protection from “judicial or retaliatory action” related to his forced recruitment complaint. Section 505(b), which has been used by successive administrations   of the government, carries a sentence of up to two years in prison for anyone who “makes, publishes, or circulates any statement, rumor, or report with intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquility.” While international law permits restrictions on speech to protect public order, the United Nations Human Rights Committee has stated that the limitations imposed must be “appropriate to achieve their protective function” and be “the least intrusive instrument amongst those which might achieve their protective function.” The provision’s overly broad terms violate these permissible restrictions and facilitate the suppression of peaceful expression.  As a “non-bailable” offense under the Code of Criminal Procedure, section 505(b) also facilitates long-term pretrial detention and abuse. The government should repeal the provision or amend it to bring it in line with international standards on the protection of free expression.  https://www.hrw.org/news/2018/04/02/myanmar-quash-conviction-former-child-soldier

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After Aung Ko Htwe’s sentencing, the court announced   under the Union Seal Law, Email address which carries a maximum sentence of three years in prison, for allegedly damaging the seal of Myanmar when stepping on a copy of the 2008 Constitution. In addition, he had been sentenced to six months in prison in February on a contempt of court charge under section 228 of the penal code for criticizing the presiding judge. The excessive charges and harsh sentencing reflect the government’s   to prosecute journalists, activists, and critics for peaceful expression deemed critical of the government or military.

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Authorities also targeted supporters of Aung Ko Htwe who staged peaceful protests outside his court hearings, according to family members and media reports. Two supporters   with multiple offenses, including penal code section 505(b) as well as section 153, which provides up to one year in prison for intentionally or knowingly provoking a riot. Arrest warrants   for four others, including one of Aung Ko Htwe’s sisters. Prosecuting individuals for taking part in nonviolent protests violates the internationally protected right to peaceful assembly, and all such charges should immediately be dropped. While the Myanmar army has made progress in recent years toward reducing the   into the armed forces, the practice  . In December, the UN secretary-general reported that   in Myanmar in the first six months of 2017, with approximately 100 complaints of child soldiers deployed in battalions under investigation. The government should release all remaining child soldiers in its forces as well as

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ensure that the draft Child Rights Law contains provisions to criminalize Email addressrecruitment of children, hold military and civilian recruiters accountable, and protect child victims. 

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“It’s a cruel irony that Aung Ko Htwe has been forced to serve a prison term for describing his forced services in the army,” Adams said. “Silencing a victim calls into serious question the government’s pledges to identify child soldiers and root out the perpetrators of their abuse.”

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Myanmar: Accountability needed to stem continuing abuses against Rohingya | Human Rights Watch

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Myanmar: Accountability needed to stem continuing abuses against Rohingya Interactive dialogue with the High Commissioner for Human Rights









Make no mistake, the Rohingya crisis continues unabated. Hundreds of thousands of Rohingya are at risk in both Myanmar and Bangladesh. Around 500,000 Rohingya remain in Rakhine State, where the government of Myanmar has taken paltry few steps to reform and revise the laws, policies and practices that have effectively made many of them prisoners in their own villages or in internally displaced persons camps. The consequence of these failures and deliberate policies means that Rohingya in Myanmar continue to face deprivation of their basic rights, including to their freedom of movement, education, and health care. This is all facilitated and exacerbated by the Myanmar government’s unwillingness to address and amend the discriminatory 1982 Citizenship Law. In Bangladesh, over 700,000 Rohingya refugees forced to flee their homes after a campaign of ethnic cleansing led by the Myanmar military are languishing in the squalor of large, densely packed, poorly constructed, unplanned, and extremely vulnerable camps. As the monsoon and cyclone seasons reach their apogees in the coming weeks, the risk https://www.hrw.org/news/2018/07/04/myanmar-accountability-needed-stem-continuing-abuses-against-rohingya

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only increases. The population endures the physical threats of landslides, flooding and the spread of communicable disease with no real relief in sight as attention and funding for critical programming has ebbed. The international community should not turn its gaze from this cascading crisis.  The recent agreement concluded between the Myanmar government, UNHCR and UNDP on the agencies’ participation in the process of returning Rohingya refugees and access to communities in northern Rakhine State could be a step in the right direction. But a lack of transparency and the Myanmar government’s history of hostility, obstruction and repeated denial of access to critical UN officials cast doubt about what the agreement actually says and whether it will be implemented. Refugee return cannot be divorced from the question of impunity for the alleged crimes against humanity that caused the refugees to flee. Efforts by the Myanmar government to create a new commission of inquiry with a token international member and international staff cannot overcome a system known for partiality, lack of independence, and propensity to whitewash grave international crimes. We support the High Commissioner’s call to create an accountability mechanism. A IIIM (international, impartial and independent) mechanism is urgently needed to gather evidence on perpetrators of grave crimes and prepare case files for prosecution.  This should supplement, but is no substitute for, a Security Council referral to the International Criminal Court.  Until there is genuine accountability, there will be no end to Myanmar’s cycle of impunity.

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Reuters Journalists Charged in Myanmar | Human Rights Watch

July ,

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Reuters Journalists Charged in Myanmar Targeted for Exposing Massacre of Rohingya

Shayna Bauchner

Senior Coordinator, Asia Division









Reuters journalists Wa Lone and Kyaw Soe Oo leave Insein court in a police van in Yangon, Myanmar, July 9, 2018. © 2018 Reuters

A judge in Yangon formally charged two Reuters journalists on Monday for possessing confidential government documents in the latest blow to press freedom in Myanmar. Wa Lone and Kyaw Soe Oo, https://www.hrw.org/news/2018/07/09/reuters-journalists-charged-myanmar

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detained for the past seven months during preliminary hearings, will now face trial for allegedly violating Email address Myanmar’s colonial-era Official Secrets Act, which carries a prison sentence of up to 14 years.

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The judge decided to proceed to trial despite strong evidence for dismissal – witness accounts pointing to entrapment, indications of police misconduct in the investigation, and prosecution witnesses with contradicting testimonies. The two journalists were detained in December after meeting with police officers who handed them papers in an apparent setup, since corroborated by several witnesses, including an officer who testified that the police were ordered to “trap” the journalists by planting “secret” documents on them.

The government can arrest us like this, waste our time in the court for many days.... But we want to tell them, right here, that they can never hide the truth. ” Wa Lone and Kyaw Soe Oo

In the months before their arrest, Wa Lone and Kyaw Soe Oo had been investigating a massacre of 10 Rohingya Muslims by Myanmar security forces in September 2017 in Inn Din village, northern Rakhine State. The massacre was part of the military’s campaign of ethnic cleansing that drove more than 720,000 Rohingya into neighboring Bangladesh. Myanmar authorities, who have denied https://www.hrw.org/news/2018/07/09/reuters-journalists-charged-myanmar

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extensive evidence of mass atrocities, appear to have targeted Wa Lone and Kyaw Soe Oo because their Email address reporting threatened the government’s tightly controlled narrative.

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“The government can arrest us like this, waste our time in the court for many days, and stop us from being able to write news,” Wa Lone and Kyaw Soe Oo wrote in a letter from prison. “But we want to tell them, right here, that they can never hide the truth.” After an initial thaw in the country’s long-repressed media environment, the new civilian administration under de facto leader Aung San Suu Kyi has cracked down on free speech. Since 2016, scores of cases have been filed against journalists and activists for perceived criticism of the government or military under a slew of repressive laws. The charges against Wa Lone and Kyaw Soe Oo for their uncovering of atrocities reflect more than just the dire state of free speech in Myanmar. They show the lengths the government will go to silence and punish those who expose its brutal ways.

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Demolition of Gwa Son | Human Rights Watch

February

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Demolition of Gwa Son January ,

February

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JuxtaposeJS

Satellite imagery recorded before and after the clearing of the destroyed village of Gwa Son. 

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US: Strengthen Targeted Sanctions on Burma | Human Rights Watch

July ,

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AM EDT

US: Strengthen Targeted Sanctions on Burma Groups Call Legislation ‘Imperative’ to Address Atrocities









Rohingya refugees cross the Naf River with an improvised raft to reach to Bangladesh in Teknaf, Bangladesh on November 12, 2017. © 2017 Reuters/Mohammad Ponir Hossain

(Washington, DC) – The US Congress should adopt legislation to enhance targeted sanctions against Burmese military commanders who are implicated in serious human rights abuses, Human Rights Watch said today in a letter to congressional leaders with 45 other nongovernmental and faith-based organizations. https://www.hrw.org/news/2018/07/09/us-strengthen-targeted-sanctions-burma

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Joint Letter to Senate and House Armed Services Committees

The groups said it is “imperative” Congress address the human rights crisis in Burma. The United Nations, Human Rights Watch, and other rights groups have found that the atrocities against the Rohinyga amount to crimes against humanity. Important new measures to toughen targeted sanctions are pending with key congressional leaders. The legislation is needed to address the Burmese military’s campaign of ethnic cleansing against the ethnic Rohingya and the country’s sharply deteriorating human rights situation.

Sen. Jim Inhofe and Sen. Jack Reed during a March 13, 2018 hearing of the Senate Armed Services Committee in Washington, DC. © 2018 Reuters/Aaron P. Bernstein

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“More than 400 members of Congress on both sides of the aisleEmail haveaddress agreed tougher measures are needed now to address the Burmese military’s crimes,” said John Sifton, Asia advocacy director at Human Rights Watch. “Congress needs to send strong sanctions legislation to the White House as soon as possible.”

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The House of Representatives recently and overwhelmingly approved provisions for the National Defense Authorization Act (NDAA) that strengthen targeted sanctions on Burmese military officials who are implicated in serious human rights abuses. Similar language, supported by 22 Senators from both parties, was approved with unanimous bipartisan support by the Senate Foreign Relations Committee. Technical and procedural hurdles prevented the language from being included in the NDAA when approved by the full Senate. Leaders in the House and Senate armed services committees, responsible for reconciling the two versions of the bill in “conference,” should now include the key provisions, the groups said. The pending legislation would authorize targeted, appropriate measures against key individuals who bear responsibility for atrocities. It provides clear incentives for reforms to professionalize Burma’s military and reduce corruption, conflict, and abuses. It will also bolster Burma’s civilian leadership and help encourage it, the US administration, and concerned governments more broadly, to take additional steps to bring perpetrators of grave abuses to account.  

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Going home is their right But it’s not safe for Rohingya refugees, yet

Expand Shamsun Nahar (L), 60, a Rohingya widow who fled from Kha Maung Seik village of Myanmar ... Myanmar, have fled to neighbouring Bangladesh to escape the terror unleashed on them by the Myanmar ... in Bangladesh — this is about refugees having the chance to simply survive. Long denied citizenship in Myanmar ...

December ,

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UN Rights Body Send Strong Message to Burma th special session of the HRC on the human rights situation of the minority Rohingya Muslim population and other minorities in the Rakhine State of Myanmar

The Myanmar security forces campaign of ethnic cleansing against ethnic Rohingya in northern ... But the government of Myanmar should promptly provide adequate restitution or compensation for lost homes, property ... regional groups, sends a powerful message: if Myanmar imagines that in the months to come, the gaze ...

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October

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Myanmar: Drop Case Against Kachin Religious Leaders Verdict Expected on Dubious Unlawful Association, Defamation Charges

to be immediately released. (Yangon) – Myanmar authorities should drop the charges against two ethnic Kachin Baptist ... 500 of the Myanmar Penal Code for providing information about the Myanmar military’s alleged ... Following the publication of photos of the damaged church on December 15, Maj. Kyaw Myo Min Latt of Myanmar ...

March

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Australia: ASEAN Summit Should Promote Rights Turnbull Needs to Press Leaders to End Abuses

specific human rights concerns at the summit, including crimes against humanity in Myanmar ... throughout ASEAN. The security forces of Myanmar and the Philippines are implicated in ongoing crimes against ...

March

| Statement

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Global Unions, International Human Rights and Workers’ Rights Organizations Call for End to Politically Motivated Prosecution of Tola Moeun (Malaysia) Action Labour Rights (Myanmar) Labour Education Foundation (Pakistan) Schone Kleren Campagne ... (Italy) FEMNET (Germany) UNiA (Switzerland) Fair Action (Sweden) Solidarity of Trade Union (Myanmar ...

December

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The Rights Weekender in Afghanistan; and calling for immediate action on ethnic cleansing in Myanmar.   Global ...

February

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Letter to Australian Prime Minister Malcolm Turnbull Re: Human Rights and the ASEAN-Australia Leaders’ Summit

for inciting and instigating crimes against humanity in the anti-drug campaign. Myanmar’s President Htin Kyaw ...

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Top Human Rights Tweets of the Week to the Myanmar. The UK continues to sell arms to Saudi Arabia despite the Kingdom’s war crimes in Yemen; ... obtains documents suggesting the US is monitoring American citizens.  Burma, Rohingya, Myanmar, Facebook, ...

September

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| Statement

Myanmar: Global Appeal for UN Action Stop Crimes Against Humanity

the human rights abuses and humanitarian catastrophe engulfing Myanmar’s ethnic Rohingya population, Human ... it is clear that the atrocities committed by Myanmar state security forces amount to crimes against humanity,” ... bilateral, multilateral, and regional actions they can take to place added pressure on the Myanmar ...

February

| Statement

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years of the Universal Declaration of Human Rights: Closing the Implementation Gap Human Rights Watch Statement to High-level Panel on th Anniversary of the Universal Declaration of Human Rights and th Anniversary of the Vienna Declaration and Program of Action

of “second-class humans”- whether they be Rohingya Muslims facing ethnic cleansing in Myanmar, women facing sexual ...

December

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| Report

Massacre by the River Burmese Army Crimes against Humanity in Tula Toli

Language English   Summary On August 30, 2017, Hassina Begum, a 20-year-old ethnic Rohingya woman, was among the few survivors of a massacre of unspeakable brutality. Just days after a deadly attack by Rohingya militants against Burmese security forces, hundreds of Burmese soldiers in uniform, ...

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January

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Hidden Chains Rights Abuses and Forced Labor in Thailand’s Fishing Industry

Language English Summary Our money is with [the owner], so he can decide to give us permission [to change jobs] or not. They hold all the power and we can’t do anything. – Sinuon Sao, Cambodian migrant on a fishing vessel, Mueang Rayong, Rayong, November 2016 Despite several years of highly ...

October

,

| Commentary

India’s Response to the Rohingya Crisis Is Timid Call Upon Myanmar to End Ethnic Cleansing

of the biggest challenges the world is facing today: Ethnic cleansing in Myanmar. Half a million desperate ... in Myanmar by holding an abusive military to account. During a visit by Prime Minister Narendra Modi ... to Myanmar soon after the crisis erupted, the official statement agreed that “terrorism violates human ...

September

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Half a Million their homes. https://t.co/QUof2L5oyc — Pierre in Myanmar (@pierre_peron) September 28, 2017   Language English ...

February

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| Letter

Submission to the Committee on Economic, Social and Cultural Rights concerning Bangladesh rd plenary session

Bangladesh has received an influx of over 655,000 Rohingya refugees from across the border with Myanmar ... against Rohingya women and girls in northern Rakhine State, Myanmar, during the Myanmar military’s ethnic ... access to all forms of sexual and reproductive health care in Myanmar because of discriminate state ...

June

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| Statement

Myanmar should address systemic violations, cooperate with UN Factnding Mission Item

Interactive Dialogue with Special Rapporteur on Myanmar

The challenges the government of Myanmar faces in ensuring that the human rights of everyone ... failure to protect Myanmar’s religious minorities. Muslim communities that have had to resort to praying ... this Council took a strong stand against the violations in Rakhine State and elsewhere in Myanmar by adopting ... https://www.hrw.org/sitesearch/myanmar?page=2

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September

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Myanmar Rohingya Crisis: Australia Needs to Stand Up and Help as the Situation Worsens the Bangladesh-Myanmar border, in Teknaf, Bangladesh, September 6, 2017. © 2017 Reuters The world seems to be sitting ... on its hands as the Rohingya crisis in Myanmar descends into what the United Nations High Commissioner ... Rohingya in Myanmar have faced decades of discrimination and persecution, at times evolving into full-scale ...

July

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| News Release

Myanmar: Free Wrongfully Detained Kachin Christian Leaders Trial Slated for July

(Yangon) – Myanmar authorities should immediately and unconditionally release two ethnic Kachin ... journalists who reported on alleged Myanmar military airstrikes that severely damaged a Catholic church ... to eight and six years in prison, respectively. “The Myanmar military works hard to intimidate and repress ...

September

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Long Past Time for Sanctions on Myanmar’s Generals Expand A Tatmadaw sign outside Mandalay Palace in Mandalay, Myanmar.  © 2017 Flickr/Adam Jones ...

September ,

| Letter

Open Letter to Member and Observer States of the UN Human Rights Council Urgent action needed on Myanmar

in Myanmar, particularly in Rakhine State. Reports estimate that more than 270,000 Rohingyas have fled ... on the UN Human Rights Council to urgently act – by passing a resolution on Myanmar calling for an end ... established a FactFinding Mission on Myanmar (FFM) at its 34th session in March this year, following reports ...

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Transitional Justice in Nepal A New Government O ers Some Hope but Will Need International Assistance

of the Disappeared in Kathmandu, Nepal August 30, 2017. © 2017 Reuters Confronted with global crises in Myanmar ...

June

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Statement on Compliance at the Intersessional Meetings of the Mine Ban Treaty government force. We are investigating allegations in several past users, such as Myanmar and Syria. ... by non-state armed groups in Afghanistan, Cameroon, DR Congo, Iraq, Libya, Myanmar, Nigeria, Pakistan, ...

April

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Pardons No Substitute for Reform in Myanmar Government Needs to Repeal or Reform Abusive Laws

of the over 8,000 inmates released to mark Myanmar’s new year amnesty announced by Myanmar's President ... Win Myint, in Yangon, Myanmar on April 17, 2018.   © 2018 Reuters / Anna Wang The Myanmar government ... in detention or on trial on politically https://www.hrw.org/sitesearch/myanmar?page=1

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motivated charges, according to local monitors. Real reform in Myanmar ...

June

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Statement on Stockpile Destruction at the Intersessional Meetings of the Mine Ban Treaty Myanmar, Nigeria, Pakistan, Syria, Ukraine, and Yemen, as well as in Western Sahara, were reported ...

April

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Rape Puts Myanmar Army on UN ‘List of Shame’ Secretary-General Report Details Sexual Violence as Weapon of War

Myanmar’s military, or Tatmadaw, in his  annual list of parties  that have committed sexual violence ... spotlighting its use as a weapon of war and persecution. The report finds that the Myanmar armed forces’ ... of trafficking and sexual exploitation. Myanmar’s military  has long been implicated  in the country’s ongoing ...

May

,

| News Release

Bangladesh: Landslides Threaten Rohingya Shelters Disaster Looms in Refugee Camps; Safer Ground Needed

dangers of landslides. Altogether over 700,000 recent Rohingya refugees from Myanmar are living in camps ... to return to Myanmar if their rights and identity are respected, but sadly that won’t happen anytime soon,” ...

May ,

| Dispatches

Bangladesh’s Monsoon Season Threatens Rohingya Refugees UN Security Council Should Act to Protect Population at Risk

of the Red Cross in Myanmar posted a video on Twitter from Maungdaw town, just across the border from ... this monsoon, but the difficulties they face, including the desire of many to return home to Myanmar when it’s ... including by the UN Security Council, so that Myanmar puts in place the necessary economic, political, ...

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March

,

| Statement

Myanmar: Accountability for Ethnic Cleansing Urgently Required Clustered Interactive Dialogue with Special Rapporteur and Fact- nding Mission on Myanmar

the world has watched in horror as Myanmar’s military has carried out a vicious campaign of ethnic cleansing ... to detention camps since previous rounds of ethnic cleansing in 2012. Myanmar’s government has yet to conduct ... by removing evidence of the crimes committed. Put plainly, Myanmar’s campaign of ethnic cleansing against ...

| Commentary

April ,

Yes to refugee repatriation, but rst things rst to be a case of wishful thinking. Even as Myanmar’s response to the Bangladeshi government’s first list of more ... thousands of names of Rohingya to go back to the villages that Myanmar authorities have burned ... and bulldozed, erasing evidence of their crimes against humanity. Before the start of actual returns, Myanmar ...

| News Release

April ,

Myanmar: Quash Conviction of Former Child Soldier Protect Victims of Underage Military Recruitment

日本語 简体中文 Expand Myanmar army soldiers take positions near Laukkai, February 17, 2015. © 2015 ... Reuters (Yangon) –  Myanmar  authorities should exonerate and release a former child soldier who spoke ... 505(b), whose overbroad provisions have frequently been used to curtail freedom of expression. Myanmar ...

May

,

| Q&A

Q&A: North Korea, Sanctions, and Human Rights violations involving China, Russia, Malaysia, the Philippines, Myanmar, Uganda, Nigeria, Ukraine, and Egypt, ...

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May ,

Rising Hostility to Media Threatens Real Democracy Free Press Uncovers Life’s Hidden Dangers

the media, according to a US poll. Two reporters are detained in Myanmar for investigating a massacre, one ... journalists and bloggers for “defamation” which resulted in a Myanmar poet being jailed after writing, “On my ...

May

,

| News Release

Bangladesh: Skirting the Issues at the UN Periodic Rights Review Response Ignored Main Concerns

of thousands of Rohingya fleeing atrocities by the Myanmar military. The Bangladesh delegation spoke at length ...

May

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The

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Human Rights Watch Film Festival

Films & Discussions Showcase Courageous Activists During Challenging Times

and the Rohingya in Myanmar  from  Silicon Valley’s control over free speech. New York Premiere Please be advised ...

August ,

| News Release

UN: Myanmar’s Threat to Block Fact-Finding Mission Stand Up to Bullying Tactics of Visa Denial

日本語 Expand A Myanmar border guard police officer stands guard in Tin May village, Buthidaung ... township, northern Rakhine state, Myanmar July 14, 2017.  © 2017 Simon Lewis/Reuters (Geneva) – The United ... Nations needs to insist on its ability to carry out a mandated fact-finding mission on  Myanmar, Human ...

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April

| Report

,

Strengthening the UN Human Rights Council from the Ground Up Report of a One-Day Dialogue held on

February

to report on progress towards implementation of those commitments. Council resolution 31/24 on Myanmar ... Rapporteur to “work with the Government of Myanmar to identify benchmarks for progress”.  A year later, ... adopted at that session (resolution 34/22) called on the government of Myanmar to “work with the Special ...

December

,

| Statement

UN Security Council Meeting a Chance to Act on Myanmar Inaction Will Enable Further Abuse of Vulnerable Rohingya

take prompt, concerted, and effective international action to respond to Myanmar ’s Rohingya crisis, Human ... that “Condemnations have not resulted in Myanmar’s government ending its abuses or holding those responsible ... to account.” Characterizing Myanmar security force atrocities against the ethnic Rohingya population as “crimes ...

January

,

| Commentary

Mr. Trudeau, Strong Words and Money Will Not Save the Rohingya – It’s Time for Canada to Act by Myanmar's security forces against Rohingya Muslims. More than 650,000 Rohingya have been forced since August ... to Myanmar, Karen MacArthur, took part in a discussion in November on "Diversity Management in the Age ... at a time that the Myanmar authorities are engaging in ethnic cleansing to ensure that there is no diversity ...

March

,

| Commentary

Human Rights Should Be a Focus of ASEAN-Australia Summit of the Philippines and Myanmar  are implicated in alleged crimes against humanity, and their governments have shown ... expression and peaceful assembly.   Embracing Abusive ASEAN Leaders Since August 2017, Myanmar’s military has ... that these atrocities amount to crimes against humanity. Myanmar’s de facto leader, Aung San Suu Kyi, has dismissed ...

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March ,

| Statement

A time to stand up for human rights: UN rights body needs to ensure e ective outcomes, placing victims rst Interactive Dialogue with High Commissioner for Human Rights

in Myanmar, the Council should heed your call to press for an independent international mechanism to expedite ... abuses in Venezuela, the OIC calling for a Special Session on Myanmar, or the UK moving an urgent debate ...

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Myanmar: Accountability needed to stem continuing abuses against Rohingya Interactive dialogue with the High Commissioner for Human Rights

are at risk in both Myanmar and Bangladesh. Around 500,000 Rohingya remain in Rakhine State, where ... the government of Myanmar has taken paltry few steps to reform and revise the laws, policies and practices ... camps. The consequence of these failures and deliberate policies means that Rohingya in Myanmar continue ...

July ,

| Dispatches

Reuters Journalists Charged in Myanmar Targeted for Exposing Massacre of Rohingya

Expand Reuters journalists Wa Lone and Kyaw Soe Oo leave court in a police van in Yangon, Myanmar ... for possessing confidential government documents in the latest blow to press freedom in Myanmar. Wa Lone and Kyaw ... for allegedly violating Myanmar’s colonial-era Official Secrets Act, which carries a prison sentence of up to 14 ...

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Myanmar: Prosecute Dismissed O cers for Atrocities UN Security Council Should Urgently Refer Myanmar to the ICC

Expand Myanmar troops take part in a military exercise, February 3, 2018. © 2018 Reuters (New ... York) – The Myanmar government should prosecute recently removed army officers for their role ... on a Myanmar military Facebook page, the military announced the dismissal of Maj. Gen. Maung Maung Soe ...

June

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| Statement

Accountability Mechanism Needed to Break the Cycle of Impunity in Myanmar Interactive Dialogue with Special Rapporteur on Myanmar

Across Myanmar, people continue to pay the price for the government and military’s indifference ... to basic human rights and accountability. In Kachin and Shan States, Myanmar’s military has attacked ... there will be no end to Myanmar’s cycle of impunity. Interactive Dialogue with Special Rapporteur on Myanmar Asia Burma ...

June ,

| Dispatches

Myanmar’s Proposed Rakhine Commission Latest Sham Security Council Referral to ICC Only Real Hope for Justice

简体中文 Expand A Rohingya refugee family cross the Naf River at the BangladeshMyanmar border ... Myanmar’s government announced it was launching an “independent commission of inquiry” to “investigate ... Unsurprisingly, the government made no mention of its response to the attacks: Myanmar military forces carried out ...

July ,

| News Release

Myanmar: Free Reuters Journalists, Drop Case Reporters Face Longer Sentences Than Soldiers Convicted in Massacre

a court hearing in Yangon, Myanmar, June 18, 2018. © 2018 Reuters (New York) – Myanmar authorities should ... rolled up papers allegedly linked to security force operations in northern Rakhine State. The Myanmar ... – locking up and prosecuting those exposing the truth. Brad Adams Asia Director “Myanmar authorities set up ...

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May

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Canada Promotes Justice for Myanmar’s Rohingya New Strategy Seeks to End Impunity for Atrocity Crimes

Myanmar, during a trip by United Nations envoys to the region April 29, 2018. Picture taken on April 29, ... 2018.  © 2018 Reuters The Canadian government is stepping up the call for justice for Myanmar’s embattled ... to preserve evidence of the Myanmar military’s heinous crimes against Rohingya Muslims in Rakhine State. ...

July

| Dispatches

,

Will Boris Johnson’s Departure Prompt New UK Diplomacy? Resignation of UK Foreign Secretary Should Spark Fresh Push on Human Rights

in pushing for a continuation of UK arms sales to Saudi Arabia. London’s diplomatic record on Myanmar, where ... the situation in Myanmar to the International Criminal Court, leaving hundreds of thousands of victims ...

| News Release

May ,

UN Security Council: Refer Myanmar to ICC Stand Up for Rohingya Victims of Crimes Against Humanity

Nations Security Council should immediately refer the situation in Myanmar, including the widespread ... fled Myanmar military abuses since August 2017, adding to an estimated 200,000 Rohingya refugees who ... that the Security Council has heard directly from Rohingya refugees about the horrors inflicted by Myanmar’s army, ...

May

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| News Release

Myanmar: Deadline to Report on Rape of Rohingya to UN Committee Seeks Information on Rakhine State Atrocities Against Women, Girls

22, 2018. © 2018 Reuters (Yangon) – Myanmar should comply with a United Nations committee’s request ... with an 11-page joint report on sexual violence committed by Myanmar’s security forces against Rohingya villagers ... in 2016 and 2017. Related Content Joint Submission to CEDAW on Myanmar In November 2017, the independent ...

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UN: US Retreat from Rights Body Self-Defeating Other Countries Need to Step Up at Human Rights Council

and ethnic minorities in Myanmar at the United Nations.” Expand U.S. Ambassador to the United Nations Nikki ... in Syria, Yemen, Burundi, Myanmar, and South Sudan, and addresses key topics such as migration, ... the world, including in Syria, Yemen, North Korea and Myanmar. Now other governments will have to redouble ...

July

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Interview: The Future of International Justice Amid Boundless Cruelty The ICC Turns

of 700,000 Rohingya Muslim in Myanmar. We see the proliferation of the ugliest kinds of crimes that the ICC ...

June

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| Statement

UN Human Rights Council: As US Retreats, Other Countries Need To Work Together in Defense of Human Rights Item

General Debate

violations around the world it purports to defend, including in Syria, Yemen, North Korea and Myanmar. The US ...

May

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| Statement

Joint Submission to CEDAW on Myanmar Human Rights Watch and Fortify Rights on the Situation of Women and Girls from Northern Rakhine State

against Women (CEDAW) for an exceptional report from the Myanmar government on the situation of women ... rights violations committed against ethnic Rohingya women and girls by Myanmar security forces. Our ... and other sexual violence, arbitrary arrests, and mass arson—committed by Myanmar’s army and other state ...

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July ,

Joint NGO Concept Note for an EU Special Representative on International Humanitarian Law and International Justice Translating EU Commitment to Deter and Repress the Most Serious Crimes of International Concern into E ective Action

as in Burma/Myanmar’s Rakhine State.   And yet, global political consensus in support of the International Criminal ...

June

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| News Release

UN: Dangerous Double Standard on Children in Conflict Secretary-General’s ‘List of Shame’ Should Reflect Report Findings

the conflict began in 2014. The secretary-general included Myanmar’s armed forces, the Tatmadaw, on the list ...

April

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| Dispatches

ICC Prosecutor’s Unprecedented Bid to Bring Justice to Rohingya Security Council Should Refer Situation in Myanmar to the Court

deportation of the Rohingya people from Myanmar to Bangladesh.” Bangladesh is a member of the ICC, but Myanmar ... isn’t. This distinction is critical because, since the ICC lacks jurisdiction over Myanmar, the most ... attributed to Myanmar’s armed forces against the Rohingya. It is based on the ICC’s ability to assert ...

May

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Video- Landslides Threaten Rohingya Shelters in Bangladesh Myanmar are living in camps in Bangladesh. Asia Bangladesh Burma Refugee Rights Bangladesh: Landslides ...

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Journalists Watch from Prison as Myanmar Backslides Media Under Assault on World Press Freedom Day

Zin while arriving for a court hearing in Yangon, Myanmar on May 2, 2018.    © 2018 Reuters / Ann Wang ... There’s little cause for celebration this World Press Freedom Day in Myanmar, where freedom of the press ... despite an ostensible transition toward democratic rule under de facto leader Aung San Suu Kyi, Myanmar’s ...

May

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Top Human Rights Tweets of the Week that puts Israel in the company of North Korea, Sudan, and Iran; Myanmar's ethnic cleansing campaign ...



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Oversimplifying Conflicts Doesn't Help Protect Civilians - FPIF

Oversimplifying Conflicts Doesn’t Help Protect Civilians Conflicts don't have to include "genocide" to demand intervention. And "intervention" doesn't have to mean military action. By Andy Heintz (https://fpif.org/authors/andy-heintz/), March 1, 2018.

Print

(Photo: Jordi Bernabeu Farrús / Flickr)

“Hell on earth” — that’s how the Washington Post recently described Eastern Ghouta, the rebel-held Damascus suburb now under siege from the Syrian regime and its allies. https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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As reports of civilian deaths and other atrocities surface from the conflict there, calls have once again surfaced for the international community to “do something” about the slaughter. Similar patterns played out during the regime’s assault on Aleppo in Syria, as well as in other corners of the world — from Darfur to Myanmar. The question of “doing something” is usually reduced to a question of whether foreign countries should intervene militarily. There also is a tendency among the international community to base decisions on how to handle an armed conflict strictly on whether a party to the conflict has been deemed guilty of “genocide” — that is, “acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” For example, when Bosnian Serbs murdered 8,000 Muslim men and boys in Srebrenica in 1995, the massacre was correctly declared genocide. But other crimes against humanity can be just as deadly as acts that meet the official international standard of genocide, or worse. For instance, ISIS is arguably guilty of genocide in Iraq and Syria, where it systematically targeted Yazidis, Shiites, and other groups. The Syrian regime, on the other hand, has been far more indiscriminate in its targeting of civilians. It’s not “genocidal,” but it’s racked up a far higher body count and caused tremendous suffering. This highlights the importance of knowing the legal definitions of human rights language, so international actors cannot use the excuse of a lack of evidence for “genocide” as a reason not to take action that could help mitigate suffering in an armed conflict. Bridget Conley, a research director at the World Peace Foundation, also thinks that the international definition of genocide often differs from how the public defines the term. And she adds that solely focusing on military force as a response ignores other options available to end armed conflicts where crimes against humanity or genocide are occurring.

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Oversimplifying Conflicts Doesn't Help Protect Civilians - FPIF

Conley specializes in mass atrocities, genocide, museums, and memorialization. Before she joined the WPF, she served as research director for the U.S. Holocaust Memorial Museum’s Committee on Conscience for 10 years, where she helped establish the museum’s program on contemporary genocide. I spoke with Conley about atrocity prevention, genocide, and the important of nuance in approaching them. Some people have called for the U.S. to play a more interventionist role in Syria. What are your thoughts on this position? I think it’s important to assess what we have done and are doing, and how that contributes to the dynamics of violence before simply pushing for more interventionism. We need the right interventions, and this is not solely military but our diplomatic capacities — which today are severely depleted and under-resourced. We already intervened earlier in the conflict in terms of supporting armed groups that have fought the Syrian government, and we are supporting the coalition that is fighting against the Islamic State. ISIS needs to be defeated in my opinion. If it can be done in a way that gains us leverage with the regime that can be used to increase protection of civilians, that would be the still-dismal, given the amount of suffering that has occurred, best-case scenario. What are some policies that have helped prevent potential genocides in the past? In most cases, there is a tradeoff between using influence to condemn and isolate a regime or other actors that might be willing to use violence against civilians, and actively engaging such regimes to resolve the core political crisis that drove them to pursue such policies. https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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It must be made clear that atrocities are not an outcome that can be tolerated, but this can be balanced with an approach that does not push a regime or other actors further in a corner when they feel like they have nothing left to lose. It’s that tradeoff that is very difficult to manage, and it’s rarely managed well. The people who are strong advocates for intervention will always be more in favor of cracking down on regimes, while there will always be another side that is willing to appease beyond the last moment. Wisdom often falls within the nuanced area in between, and rarely receives accolades from either side. Do you believe that kind of nuance is often missing in public discussions in the media about how to stop genocide or mass atrocities? Media discussions are rarely that helpful. The media tends to tilt towards paying attention to the more extreme positions: It’s either we’re against atrocities (which we all should be), or we are to accept them as a political reality. This isn’t necessary. You can be really critical of a regime while still engaging with it and working on ways to increase protections for civilians. This is what diplomats often try to do. But the discussions in the public realm seem to focus on two clear-cut opposing positions — you’re either for this or for that. Do you think the public’s perception of the definition of genocide varies from the actual definition of genocide that was established in the 1948 genocide convention? I think there is a wide variance between the public perception and the actual definition that was established at the convention. In my opinion, the quirks of the genocide convention render it particularly difficult and possibly unhelpful to understanding campaigns of violence against civilians. I think there are better articulations of genocide. “Mass atrocities” has been the more relevant term in many situations.

https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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Oversimplifying Conflicts Doesn't Help Protect Civilians - FPIF

Are there times when crimes against humanity that don’t fit the exact definition of “genocide” could actually be worse than examples that do fit the definition? I once had a young student ask, “What about the slave trade. Isn’t that genocide?” I don’t think it’s genocide, but I think 400 hundred years of institutionalized dehumanization has its own exigencies. I think people have a responsibility to understand harms, rather than ranking harms. I think ranking harms is a very distasteful endeavor. For me, the challenge is to understand the harm being done to people and to work against this harm in whatever form it appears. In international law, “genocide” refers to the systematic elimination of people according to their ethnicity, race, religion or nationality. Do you think it would be smart to add class and political affiliation to that list? No. But it’s not because I view class-based or politically motivated killings as less harmful than ethnic, racial, religious, or national group-related killings. It’s because I think trying to correct the genocide convention is less of a fruitful path than trying to use other terms that we already have, like “crimes against humanity.” This already provides a legal path for the type of prevention and protection that might be necessary in some cases. What is your opinion of the United Nation’s Responsibility to Protect (R2P) doctrine? Is this a good idea? I think that the core concepts and ideas of the Responsibility to Protect are deeply valuable, and I think we have seen them play out as coalitions have been built around the idea of the Responsibility to Protect. My caveat is I do think it’s dangerous to create a policy spectrum that includes an authorization for war within a protection mandate. Military intervention should be held out of R2P as a separate way to engage in a conflict. I just don’t think it should live in the same house as prevention and a non-coercive response. https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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Oversimplifying Conflicts Doesn't Help Protect Civilians - FPIF

You and others criticized some of the advocacy groups involved in the Darfur campaign for not taking a more nuanced view of the situation on the ground? Could you explain what aspects of this advocacy work you were criticizing? I think it’s very, very difficult to run an advocacy campaign. You have to put out a message that has clarity and relevance while also having the flexibility to change messaging as the situation on the ground changes. I think it’s incumbent upon advocacy groups to have a sense of primary responsibility to the situation — and not to the advocacy campaign itself. If you’re oriented to running an advocacy campaign, you have a different set of exigencies than if your primary task is to impact a situation. I think it’s very easy for an advocacy campaign to take on a life of its own, where it becomes the goal. I read in Darfur that when there was a decrease in violence, this change was not recognized by some advocacy groups. Is this accurate? That’s true. In 2009, there were more people killed in Juarez, Mexico than Darfur. The character of the violence had changed and become much more fragmented. It was not like earlier periods when the overwhelming majority of the atrocities were being committed by government forces and its militia allies. Do you think this made it harder for the Obama administration to handle the situation in Darfur in an effective manner, since public opinion still believed genocide was taking place in the region? I don’t think it handcuffed them. I think policy makers are capable of being adept and nuanced. That is their job. I do think there is the question of how much of the energy of the administration is diverted if there is a loud campaign that is pushing for a certain interpretation of the situation. I don’t think it changed policy, but it did divert attention to a certain interpretation of the current situation that, in my opinion, had not kept up with how the conflict had evolved. https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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Do you think it’s important to present a nuanced picture of conflicts such as the one in Sudan, where the majority of atrocities were being committed by government forces and their allies, but there also were human rights abuses being committed by the rebel forces? I don’t think it helps to mischaracterize the key actors. I think South Sudan provides a strong lesson of why this shouldn’t be done. You had an advocacy campaign that treated the Southern leadership as good guys, but now that they are in power they are the primary perpetrators of violence against civilians in their areas. I think it’s better to understand the diversity of threats, and how the salience of threats changes over time as circumstances change. Do you think providing protections to the citizens of Benghazi would have been a better policy than helping overthrow Muammar Gaddafi’s regime? I remember the time when Gaddafi’s forces were slowly moving eastwards towards Benghazi and there were legitimate and strong fears that something terrifying would happen if they took Benghazi. There were some other towns that Gaddafi’s forces had taken where massacres had not taken place, but the leadership in those towns had already fled, so Benghazi was seen as kind of the last stand for the resistance fighters. I do think there is logic to seeing Benghazi as place where there was a strong imperative to provide protection for civilians. However, regime change is a very radical step. You don’t have to be an apologist for Gaddafi to say regime change wasn’t the right policy. Changing how a state functions is exceptionally difficult, and finding a new leader is a key part of that process. Often the new leader will repeat the old patterns of the leadership they have just overthrown. Political relationships are more complex than one person, and if there is no structure to hold in place a different type of relationship, then you get what happened to Libya after Gaddafi was overthrown. The situation was very chaotic and highly lethal. https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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Oversimplifying Conflicts Doesn't Help Protect Civilians - FPIF

You seem to be noting the importance in seeing conflicts on a country by country basis as opposed to seeing Sudan as “another Rwanda” or Syria as “another Iraq“? There are obviously lessons to be learned from the past, and mechanisms that can be put in place like smart, focused sanctions on regimes involved in mass atrocities. How these mechanisms and tools can be deployed should always be in relation to a really deep understanding of the nature of risk and the nature of the political community you want to impact. Share this:



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Andy Heintz is a freelance writer whose work has been published in Balkan Witness, Secularism is a Women’s Issue, Europe Solidaire, CounterVortex, and Culture Project. He’s working on a book called Dissidents of the International Left.

Issues: Human Rights (https://fpif.org/issues/human-rights/), War & Peace (https://fpif.org/issues/war-peace/) Regions: Bosnia and Herzegovina (https://fpif.org/regions/bosnia-andherzegovina/), Iraq (https://fpif.org/regions/iraq/), Syria (https://fpif.org/regions/syria/) Tags: Bashar Al-Assad (https://fpif.org/tag/bashar-al-assad/), Civilian Casualties (https://fpif.org/tag/civilian-casualties/), crimes against hum (https://fpif.org/tag/crimes-against-hum/), Genocide (https://fpif.org/tag/genocide/), international law (https://fpif.org/tag/international-law/), Military Intervention https://fpif.org/oversimplifying-conflicts-doesnt-help-protect-civilians/

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(https://fpif.org/tag/military-intervention/), syrian civil war (https://fpif.org/tag/syrian-civil-war/), war crimes (https://fpif.org/tag/warcrimes/)

Foreign Policy In Focus - A project of the Institute for Policy Studies (http://ipsdc.org) Content under a Creative Commons Attribution licence (http://creativecommons.org/licenses/by/3.0/us/)

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Myanmar Archives - Page 3 of 3 - Foreign Policy In Focus

Posts Tagged: Myanmar Why Haven’t the Burmese Joined the Recent Wave of Pro-Democracy Protests?

(https://fpif.org/why_havent_the_burmese_joined_the_recent_wave_of_prodemocracy_protests/)

(https://fpif.org/why_havent_the_burmese_joined_the_recent_wave_of_prodemocracy_protests/) By Russ Wellen (https://fpif.org/authors/russ-wellen/), February 22, 2011 Despite Burma's ruling junta's history of brutality, a dissident leader calls out his people.

Is Obama a Turkey or an Eagle?

(https://fpif.org/is_obama_a_turkey_or_an_eagle/)

(https://fpif.org/is_obama_a_turkey_or_an_eagle/) By Caleb Rossiter (https://fpif.org/authors/caleb-rossiter/), October 28, 2010 The United States has pursued an "eagle" approach of military intervention overseas for much of its history. Will President Obama change the direction of U.S. foreign policy?

Burma’s Junta Built to Last (https://fpif.org/burmas_junta_built_to_last/) By Russ Wellen (https://fpif.org/authors/russ-wellen/), June 29, 2010

(https://fpif.org/burmas_junta_built_to_last/) In the face of sanctions, defectors with nuclear secrets, and a liberalized officer corps, how long can Burma's junta hold out?

Change in Burma? (https://fpif.org/change_in_burma/) By May Oo (https://fpif.org/authors/may-oo/), March 13, 2008

(https://fpif.org/change_in_burma/) The Burmese government has announced far-reaching reforms. Or are they reforms? https://fpif.org/tag/myanmar/page/3/

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Myanmar Archives - Page 3 of 3 - Foreign Policy In Focus Parallel Editing in Burma (https://fpif.org/parallel_editing_in_burma/)

By May Oo (https://fpif.org/authors/may-oo/), November 16, 2007

(https://fpif.org/parallel_editing_in_burma/) Burma's military regime should be encouraged for taking a few positive steps, yet there's another side of the story.

Myanmar, the UN, and ASEAN (https://fpif.org/myanmar_the_un_and_asean/) By Haseenah Koyakutty (https://fpif.org/authors/haseenah-koyakutty/), November 15, 2007

(https://fpif.org/myanmar_the_un_and_asean/) There should be no returning to the unsustainable status quo at the East Asia Summit.

Myanmar, Minorities, and the Military

(https://fpif.org/myanmar_minorities_and_the_military/)

(https://fpif.org/myanmar_minorities_and_the_military/) By David I. Steinberg (https://fpif.org/authors/david-i-steinberg/), October 10, 2007 The future of Myanmar may be decided not by monks or military but by minorities.

The Next Leader of Myanmar? (https://fpif.org/the_next_leader_of_myanmar/) By Haseenah Koyakutty (https://fpif.org/authors/haseenah-koyakutty/), October 9, 2007

(https://fpif.org/the_next_leader_of_myanmar/) Hint: it's probably not Aung San Suu Kyi.

Burma Strategic Dialogue: Responses

(https://fpif.org/burma_strategic_dialogue_responses/)

(https://fpif.org/burma_strategic_dialogue_responses/) By David I. Steinberg (https://fpif.org/authors/david-i-steinberg/) and Kyi May Kaung (https://fpif.org/authors/kyi-maykaung/), January 18, 2007 Kaung and Steinberg rebut each other's arguments. https://fpif.org/tag/myanmar/page/3/

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Myanmar Archives - Page 3 of 3 - Foreign Policy In Focus Minimizing the Miasma in Myanmar

7/12/2018

(https://fpif.org/minimizing_the_miasma_in_myanmar/)

(https://fpif.org/minimizing_the_miasma_in_myanmar/) By David I. Steinberg (https://fpif.org/authors/david-i-steinberg/), January 18, 2007 Sanctions have failed their stated goal -- regime change. The international community should try diplomacy instead.

Page 3 of 3 « (https://fpif.org/tag/myanmar/page/2/) 1 (https://fpif.org/tag/myanmar/) 2 (https://fpif.org/tag/myanmar/page/2/) 3

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https://fpif.org/tag/myanmar/page/3/

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Myanmar Archives - Page 2 of 3 - Foreign Policy In Focus

Posts Tagged: Myanmar President Suu Kyi? (https://fpif.org/president_suu_kyi/) By Billy Tea (https://fpif.org/authors/billy-tea/), March 4, 2013

(https://fpif.org/president_suu_kyi/) Aung San Suu Kyi's tremendous skills as an opposition leader don't necessarily translate to presidential politics.

Will the Burma Road End in Democracy?

(https://fpif.org/will_the_burma_road_end_in_democracy/)

(https://fpif.org/will_the_burma_road_end_in_democracy/) By Walden Bello (https://fpif.org/authors/walden-bello/), July 9, 2012 Walden Bello journeys through Burma's changing political landscape.

Is Burma Really Changing? (https://fpif.org/is_burma_really_changing/) By Iqbal Ahmed (https://fpif.org/authors/iqbal-ahmed/), December 2, 2011

(https://fpif.org/is_burma_really_changing/) Is the notoriously powerful military junta of Burma really loosening its grip?

Burma’s Big Brother (https://fpif.org/burmas_big_brother/) By Dan Beaker (https://fpif.org/authors/dan-beaker/), December 2, 2011

(https://fpif.org/burmas_big_brother/) China is emerging as the leading economic force in Burma, and the Burmese are starting to get uncomfortable.

Burma’s Junta: Can a Tiger Change Its Stripes?

(https://fpif.org/burmas_junta_can_a_tiger_change_its_stripes/)

(https://fpif.org/burmas_junta_can_a_tiger_change_its_stripes/) By Kyi May Kaung (https://fpif.org/authors/kyi-may-kaung/), October 18, 2011 The generals of Burma's ruling junta have set aside their uniforms, but they still resemble a military dictatorship.

War on Roaches (https://fpif.org/war_on_roaches/) By Kyi May Kaung (https://fpif.org/authors/kyi-may-kaung/), October 12, 2011 https://fpif.org/tag/myanmar/page/2/

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7/12/2018

Myanmar Archives - Page 2 of 3 - Foreign Policy In Focus

(https://fpif.org/war_on_roaches/) A poem about genocide read in front of the Burmese embassy on the Poetry Walk of Shame.

Myanmar May Be Closer to Becoming Burma Again Than You Think

(https://fpif.org/myanmar_may_be_closer_to_becoming_burma_again_than_you_think/)

(https://fpif.org/myanmar_may_be_closer_to_becoming_burma_again_than_you_think/) By Russ Wellen (https://fpif.org/authors/russ-wellen/), July 19, 2011 The time may be at hand when Myanmar's ethnic minorities can overwhelm the Myanmar army.

Burma’s Ethnic Insurgencies Erupt in a Chain Reaction

(https://fpif.org/burmas_ethnic_insurgencies_erupt_in_a_chain_reaction/)

(https://fpif.org/burmas_ethnic_insurgencies_erupt_in_a_chain_reaction/) By Russ Wellen (https://fpif.org/authors/russ-wellen/), June 30, 2011 Fighting by Burma's three largest ethnic minorities has flared up all at once.

Why Burma’s Ethnic Minorities Become Refugees to Thailand

(https://fpif.org/why_burmas_ethnic_minorities_become_refugees_to_thailand/)

(https://fpif.org/why_burmas_ethnic_minorities_become_refugees_to_thailand/) By Michael Busch (https://fpif.org/authors/michael-busch/), April 6, 2011 The ongoing plight of Burma's ethnic minorities is crowded out of the news by more immediate crises elsewhere.

Nowhere to be Home (https://fpif.org/nowhere_to_be_home/) By Zoe West (https://fpif.org/authors/zoe-west/) and Maggie Lemere (https://fpif.org/authors/maggie-lemere/), March 17, 2011

(https://fpif.org/nowhere_to_be_home/) These excerpts from narratives of three survivors of Burma's military regime are a powerful evocation of life during wartime.

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7/12/2018

Myanmar Archives - Foreign Policy In Focus

Posts Tagged: Myanmar The Rohingya, R2P, And Civilian Protection (https://fpif.org/rohingya-r2pcivilian-protection/) (https://fpif.org/rohingya-

By Corrie Hulse (https://fpif.org/authors/corrie-hulse/), February 20, 2018

r2p-civilian-protection/) The failure of R2P is not in the doctrine, but in the states that refuse to implement it.

Who Will Take America’s Place in Asia? (https://fpif.org/who-will-take-americasplace-in-asia/) By John Feffer (https://fpif.org/authors/john-feffer/), June 5, 2017

(https://fpif.org/who-willtake-americas-place-inasia/) Goodbye Pacific pivot, hello Pacific retreat?

Raining on Burma’s Parade (https://fpif.org/raining-burmas-parade/) By Russ Wellen (https://fpif.org/authors/russ-wellen/), January 7, 2016

(https://fpif.org/rainingburmas-parade/) Aung San Suu Kyi either sees her sphere of influence as very limited or she is genuinely biased against Burma’s ethnic groups.

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7/12/2018

(https://fpif.org/buddhism-

Myanmar Archives - Foreign Policy In Focus Buddhism and Ethnic Cleansing in Myanmar (https://fpif.org/buddhismethnic-cleansing-myanmar/)

By Sufyan bin Uzayr (https://fpif.org/authors/sufyan-bin-uzayr/), August 19, 2014

ethnic-cleansingmyanmar/) Buddhist monks in Myanmar rival Islamist extremists in their intolerance.

An Open Letter to Aung San Suu Kyi (https://fpif.org/open-letter-aung-sansuu-kyi/) (https://fpif.org/open-

By Sufyan bin Uzayr (https://fpif.org/authors/sufyan-bin-uzayr/), April 14, 2014

letter-aung-san-suu-kyi/) Daw Suu refused to address the plight of the oppressed Rohingya, who originally come from Bangladesh, when she met its prime minister.

(https://fpif.org/unitednations-descriptionburmas-rohingya-

United Nations Description of Burma’s Rohingya as “Friendless” All Too True (https://fpif.org/united-nationsdescription-burmas-rohingya-friendlesstrue/) By Sufyan bin Uzayr (https://fpif.org/authors/sufyan-bin-uzayr/), January 29, 2014

friendless-true/) Buddhist mobs in Burma justify their attacks on Rohingya Muslims by claiming that the victims were illegal Bengalis trying to sneak into the country.

America, Genocide, and the “National Interest” (https://fpif.org/america-genocide-national-interest/) By Jeff Bachman (https://fpif.org/authors/jeff-bachman/), December 9, 2013 https://fpif.org/tag/myanmar/

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7/12/2018

Myanmar Archives - Foreign Policy In Focus

(https://fpif.org/americagenocide-nationalinterest/) It’s time for the United States to examine how its own foreign policy promotes genocide, and take the actions necessary to curb it.

(https://fpif.org/burmaspromise-president-theinseins-11-commitments-

Burma’s Promise: President Thein Sein’s 11 Commitments to Obama (https://fpif.org/burmas-promisepresident-thein-seins-11-commitmentsobama/) By Daniel P. Sullivan (https://fpif.org/authors/daniel-p-sullivan/), November 19, 2013

obama/) Democratic and political reforms in Burma have been uneven and halting.

Making Myanmar Work (https://fpif.org/making-myanmarwork/) By Billy Tea (https://fpif.org/authors/billy-tea/), July 30, 2013

(https://fpif.org/makingmyanmar-work/) Although known for decades for its oppressive behavior, Myanmar's government is capable of very little when it comes to conserving natural resources, promoting development, and protecting citizens.

Vultures Over Burma (https://fpif.org/vultures_over_burma/) By Kyi May Kaung (https://fpif.org/authors/kyi-may-kaung/), June 7, 2013

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7/12/2018

Myanmar Archives - Foreign Policy In Focus

(https://fpif.org/vultures_over_burma/) A poem: To all the men and women who sing change change change Mee-ahn mar--we never heard of you before.

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The Rohingya, R2P, And Civilian Protection fpif.org/rohingya-r2p-civilian-protection/ By Corrie Hulse

February 20, 2018

Displaced Rohingya mother (Wikimedia Commons)

Imagine being forced to flee your home because the military is attacking and killing your neighbors, burning down your village, and raping and abducting your wife and children. You want to turn to your government for help, but it doesn’t even recognize you as a citizen. Your only options are to flee, or be killed. This is the plight of the Rohingya in Myanmar. There has been a great deal of denial out of Myanmar’s government about the violence inflicted on the Rohingya—who is responsible, who is being harmed—but the facts speak for themselves. Between August 25 and September 24 of 2017 alone, approximately 6,700 civilians were killed in Rakhine State on Myanmar’s west coast. Human Rights Watch reports that 215 villages have been burned. Civilians have been fleeing for their safety, and now there are currently upwards of 870,000 Rohingya refugees in neighboring Bangladesh. There is no denying what is happening to the Rohingya. For the first time in years, the UN Security Council is in agreement about the scope of the atrocities, and the secretary general is referring to the situation as “catastrophic.” According to a U.S. State Department 1/4

official, “it is clear that the situation in northern Rakhine State constitutes ethnic cleansing against the Rohingya.” Officials have steered clear of using the term “genocide,” but seem to be in agreement that a targeted ethnic cleansing of the Rohingya is taking place. Violence against the Rohingya population is not new. They have been continuously discriminated against, oppressed, and violently attacked over the past few decades. With no recourse, and with the violence often coming from the military itself, they are left with few options. In a situation such as what’s unfolding in Myanmar, the international community must look to established mechanisms to respond. In the case of ethnic cleansing, and potential genocide, the Responsibility to Protect (R2P) should guide that response. R2P offers three pillars—the responsibility to prevent, to respond, and to rebuild—as guidelines to addressing looming and already occurring atrocity crimes. With ethnic cleansing unfolding in Myanmar, a determined commitment to R2P could save the Rohingya’s lives. How Has the U.S. Responded to the Crisis? Having signed the 2005 World Outcome Document, which included text about the Responsibility to Protect, the U.S. has stated that it believes that each state has a responsibility to protect its citizens from genocide, ethnic cleansing, war crimes, and crimes against humanity. Further, if states are unable or unwilling to do so, the United States accepts that the international community has a responsibility to step in and protect those civilians. In terms of the Rohingya crisis, according to a seniorState Department official, “efforts by the United States on this crisis have focused first on ending the violence; second on ensuring a path for repatriation for those displaced; third, expanding access for humanitarian assistance and the media in Rakhine State; seeking accountability for reported atrocities; and supporting longer-term solutions for the root causes of tensions and conflict in Rakhine State.” Although not specifically referencing R2P in statements and reports, the U.S. has implemented aspects of the doctrine as it responds to the crisis in Myanmar through talk, aid, and sanctions. There has been a great deal of talk—as there always is—condemning actions, making expectations clear, expressing alarm, welcoming cooperation, and so on. One of the key strategies seems to be a focus on building strong communication with the fledgling democratic government in Myanmar. There has been an effort to sustain the young government, working with the new—though controversial—leader Aung San Suu Kyi. In his testimony to Congress, Patrick Murphy of the State Department noted, “It is in our interests, and those of the diverse populations of Burma, including the Rohingya, to see the new, elected government succeed.” Additionally, the U.S. has been sending financial assistance to the region. During 2017, the U.S. government gave nearly $104 million in aid through the State Department and USAID to assist both internally displaced peoples and refugees—most of whom have ended up in Bangladesh. This is a good start, but will likely not be enough to sustain the hundreds of 2/4

thousands of refugees. The flow of people continues, and the reality is that the Rohingya will not be able to safely return home in the near future. Thus, continued and substantial aid will be needed for years to come. Lastly, the U.S. began implementing targeted sanctions. As a part of R2P’s efforts to stave off military intervention, targeted sanctions are among the strategies that can help minimize the movement and effectiveness of perpetrators. Thus far, the U.S. has implemented sanctions on Maung Maung Soe, former chief of the Burmese Army. Congress has asked for broader sanctions with the Burma Human Rights and Freedom Act (S. 2060), barring military assistance as well as some trade. To date, however, only the one military leader has been sanctioned. In the statement from the State Department official, the U.S. government also expressed interest in facilitating the repatriation of the Rohingya. A deal to that effect was recently signed between the governments of Bangladesh and Myanmar, but it’s too soon and too dangerous. When asked about it at a press briefing, Heather Nauert of the State Department responded, “I can’t imagine that anyone would feel safe at this point in returning to their homes.” Where is the Bold Leadership on Atrocity Prevention? On paper, the U.S. is committed to civilian protection in Myanmar. It is sending aid, it is working in coordination with the UN, and working with the government in Myanmar. But the U.S. is not boldly acting in the interest of the Rohingya. And it’s not earnestly committed to real atrocity prevention and civilian protection as a whole. Why has the U.S. sanctioned only one member of the Myanmar military, someone moreover who is no longer in charge? Why is the U.S. not putting greater pressure on Aung San Suu Kyi, who refuses to protect, or for that matter even say the name of, the Rohingya? And where is the push for immediate protection of those Rohingya still living in Myanmar who have yet to flee? Over the years, the U.S. government has tried to put into place atrocity-prevention mechanisms—most notably the Atrocity Prevention Board (APB). But where President Obama struggled to implement prevention strategies put forth by the APB, the current State Department has little interest in the body, preferring instead to consolidate and eliminate what it sees as excess, such as the Office of Global Criminal Justice. Some in the U.S. government are committed to civilian protection. Representative James McGovern (D-MA) held what he hopes to be the first in a series of hearings on mass atrocity prevention on February 6, 2018. Experts such as Naomi Kikoler, deputy director of the Simon-Skjodt Center for the Prevention of Genocide at the U.S. Holocaust Memorial Museum, and Charles Brown, the managing partner for Strategy for Humanity, spoke about ongoing mass atrocities and how the U.S. government can better respond to them. Rep. Jan Schakowsky (D-IL) and Rep. Randy Hultgren (R-IL) gave opening statements, but McGovern was the only member of Congress who sat and listened to the testimonies in their entirety. With the number of mass atrocity situations right now around the world— 3/4

Syria, South Sudan, the Rohingya—this sort of hearing should be at the center of congressional attention. Instead, the room was full of congressional interns sent to take notes. Good on McGovern for holding these hearings, but he can’t do this alone. The U.S. needs to start making atrocity prevention a priority—from Congress, to what’s left of the State Department, to the president. Moving Forward The failure of R2P is not in the doctrine, but in the states that are unwilling to live up to their commitment to civilian protection. It is in cries of “Never Again!” followed by inaction as people suffer in some far off land. If the United States wants to be a world leader, it ought to start by being a world leader on atrocity prevention. The knowledge and the resources are there: what’s required is courage. A great deal of the discussion from McGovern’s hearing focused on the failure to prioritize prevention specifically. Most people outside inner government circles only hear of R2P in the context of military intervention, but its creators meant for it to be used as a tool in the prevention of these crimes. The violence against the Rohingya was not a surprise; it was unfortunately predictable. Reports from December 2016 detail the military burning villages and raping women, and civilian fleeing for their lives, after the current offensive began on October 9, 2016. With the available resources and technology, lack of early warning is rarely a problem. The problem arises in responding to that information. The R2P report itself states, “lack of early warning is an excuse rather than an explanation, and the problem is not lack of warning but of timely response.” Moving forward, the U.S. ought to recommit to its goals of atrocity prevention, bringing the Atrocity Prevention Board back to the forefront and taking seriously the studies and legislation on atrocity prevention. When a hearing is held on atrocity prevention, it should be packed with members of Congress. This should be at the top of their agenda. Those in harm’s way don’t need a veneer of genocide prevention—they need actual genocide prevention.

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