Myanmar: Investigate death and alleged rape of Rohingya woman

AMNESTY INTERNATIONAL  PUBLIC STATEMENT  

Index: ASA 16/4723/2016 30 August 2016   

Myanmar: Investigate death and alleged rape of Rohingya woman   

The Myanmar authorities must ensure a prompt, independent, impartial and effective investigation into the death and alleged rape of a Rohingya woman. The alleged refusal by the police to investigate the case, and to bring those responsible to justice is a violation of their human rights obligations and sends the message that crimes against Rohingya, including  unlawful deaths, rape and other crimes of sexual violence, will continue to go unpunished.   
 
On the morning of 18 August 2016, Raysuana, a Rohingya woman in her mid-twenties, was found unconscious in a ditch close to a military compound, named locally as Bandula Hall, in Sittwe, the capital of Rakhine State. According to local sources, Raysuana's body was found by military personnel, however, instead of taking her directly to a hospital, they called leaders from nearby Thet Kay Pyin village and asked them to come and pick her up. The village leaders then took her to Thet Kay Pyin clinic, where clinic attendants discovered Raysuana was bleeding from her vagina and mouth, and had bruises and swelling on her back. She died later that evening, at around 7:45pm.   

Local police, called to the clinic, reportedly refused to open an investigation saying that it would be "too complicated" given that she was found close to a military compound. Instead, they ordered villagers to bury her body, which they did the following day. According to credible sources no post-mortem examination was carried out.  

Amnesty International calls on the Myanmar authorities to immediately initiate an investigation into the death and alleged rape of Raysuana, ensuring that it is independent, impartial and effective. The results should be made public. All those suspected of being responsible must be brought to justice before independent, civilian courts, in proceedings which meet international standards of fairness and which do not impose the death penalty. Should any of the suspected perpetrators be members of the Myanmar security forces, they should be immediately suspended from duties.    

Amnesty International also calls on the authorities to secure the crime scene and ensure the safety of any witnesses and those reporting information about the incident. Amnesty International further calls on the authorities to launch an inquiry to into allegations that the police refused to open an investigation into this case; and if this is the case, to institute disciplinary or other measures against those responsible. The authorities must also provide effective remedies and reparations to Raysuana's family.   

Thet Kay Pyin village is located in an area of Sittwe which is home to tens of thousands of people, mainly Rohingya, who remain displaced four years after violence swept Rakhine State in 2012. The Rohingya and other Muslims living there face severe restrictions on their freedom of movement, and are effectively segregated from neighbouring communities. Because of these restrictions accessing medical care, in particular life-saving medical treatment, can be very difficult.  

Raysuana's case take place in a wider context of human rights violations against the Rohingya, including unlawful killings, torture and other ill-treatment and arbitrary arrest at the hands of the security forces. Independent and impartial investigations into such allegations are rare and suspected perpetrators are seldom held to account.   

The case also highlights wider concerns about rape and other crimes of sexual violence against ethnic minority women, which have been well-documented by women's organizations in Myanmar. In its 2016 Concluding Observations, the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee) expressed concern about the "wide spread impunity enjoyed by perpetrators of such violence" and called on the Myanmar government to "expedite the investigation and prosecution of crimes of sexual violence perpetrated by the military and armed groups".  

Ongoing impunity which allows human rights violations to go unpunished only serves to perpetuate the cycle of abuse. The authorities must ensure perpetrators are not shielded from accountability and ensure that victims and their relatives lodging complaints and seeking redress do not face reprisals.

“Burma’s Rohingya Need International Help Now More Than Ever”

Source Huffingpost, 10 Aug

by Tun Khin

Earlier this year the United Nations published a report 'Rohingya Muslims and other minorities in Myanmar', which concluded that human rights violations against us could amount to crimes against humanity.

The report also stated that the government of Burma needed to take urgent action to end the anti-Rohingya policies of past governments. The response of the NLD led government and rest of the international community was silence. Once again, evidence of violations of international law have been provided, and once again no action has been taken. Our suffering goes on.

Worse, the day after the UN report was published, European Union diplomats based in Burma announced that in response to a demand by Daw Aung San Suu Kyi to avoid using the word Rohingya, they would also not use the word Rohingya when talking about Rohingya people.

The denial of our ethnic identity is an integral part of the discrimination that we face. Nationalists and the government administration under former President Thein Sein have deliberately and tactically escalated controversy over the use of the name Rohingya as part of their campaign to say we are not an ethnic group in Burma and don't belong there. They called us Bengali instead, claiming we are immigrants from Bangladesh. Instead of standing up to these people and their lies, Daw Aung San Suu Kyi has said because the name is controversial, diplomats should call us 'Muslims from Rakhine state'.

This is seen as a victory by nationalists. Rather than being pacified by this so-called compromise, they are now demanding the Burmese government officially call us Bengali. Not calling us Rohingya has encouraged them. In effect, the government of Burma and European Union have sided with racists and nationalists rather than with the oppressed and vulnerable.

My people are dying in the camps where they fled to four years ago after they fled mobs burning their homes and villagers. They are dying in part because the new government has kept in place severe restrictions on delivery of aid. In towns and villages my people live in poverty and fear, afraid of attack or arrest at any time. My people are denied the right to travel around the country, are denied citizenship, and denied the right to vote. We are denied access to healthcare. Our children are denied access to higher and university education. We had so much hope in an NLD government, but so far, since they came to power, things have continued to get worse, not better.

Daw Aung San Suu Kyi says her government needs time and space to deal with this issue. As Rohingya we understand that there is much hatred against us in Burma. Fully addressing this will take time. But in the short term restrictions on aid can be lifted, action taken against those inciting hatred and violence, and the process of reforming the 1982 citizenship law which is at the root of depriving us of so many of our rights, could be started. My people are dying and suffering so much, we don't have time. We need action now.

At the same time, violations of law don't get much more serious than crimes against humanity. Yet having concluded that these crimes might be happening, no action is being taken by the UN or government of Burma. Imagine if a police force said a murder had been committed, but we are not going to investigate it. That's the equivalent of what the United Nations are doing now.

At a time when there is so much hope for so many others in Burma, this is our most desperate hour. Pressure needs to be placed on the NLD led government to lift government restrictions on humanitarian aid to the Rohingya still living in squalid camps four years after being forced to flee their homes. Daw Aung San Suu Kyi must be made to live up to her previous statement that the discriminatory 1982 citizenship law should be reviewed. And the United Nations must establish an international investigation into human rights violations against my people. Next month's UN General Assembly sessions are the opportunity to do this.

Report after report have concluded that multiple violations of international law are being committed against the Rohingya. No government can say they don't know what is going on. It is to their shame that they allowed it to carry on.

"Tun Khin is President of Burmese Rohingya Organisation UK and Leading voice of the Rohingya in Exile."

Muslims Charged in Rangoon for Alleged Citizenship Violations

Source Irrawaddy news, 10 Aug

The government compound in Rangoon's Thingangyun Township, seen on Tuesday afternoon. (Photo: Myo Min Soe / The Irrawaddy)

RANGOON — Immigration authorities have charged six Muslim residents of Rangoon's Thingangyun Township under the 1982 Citizenship Law for allegedly traveling from other regions without government approval and failing to return their "white cards" last year, according to their defense lawyer.

The six were among 23 residents of Ward-3 in the township who were held at local government offices on Monday after members of the Myanmar Patriotic Monks Union—a hardline Buddhist nationalist activist group—threatened local Muslims and pressured township authorities to scrutinize whether they were officially registered as living in the area.

Nay Phone Latt, who represents the township for the National League for Democracy in the Rangoon Division Parliament, told The Irrawaddy that he was aware of local Muslims, some holding "white cards," who had failed to present adequate citizenship documentation to local authorities. He said that some might have come from Lashio in northern Shan State.

"White cards" are documents denoting "temporary citizenship" that were canceled by former President Thein Sein in February 2015, with bearers obliged to return them to local officials.

According to a report by Voice of America, the Patriotic Monks Union began its campaign against the resident Muslims after a local quarrel between a Buddhist young man and a Muslim young man fatally escalated.

The mother of the Buddhist young man reportedly tried to intervene but was stabbed. She died on August 4 after contracting a lung disease, pneumoconiosis, at the hospital. Police are still searching for the assailant. This incensed the Patriotic Monks Union, who decided on retribution against the local Muslim community at large.

On Tuesday, out of the 23 people held at local government offices—purportedly for their own safety after receiving violent threats from the Patriotic Monks Union—seven were unconditionally released, 10 were fined and six were charged with being in violation of Articles 62 and 63 of Burma's 1982 Citizenship Law, according to the Muslim defense lawyer, who asked not to be named out of fear for his safety.

The lawyer told The Irrawaddy, "Everybody knows who is behind the scene. A group is interfering in the government's work."

"The hands of Ma Ba Tha members are behind the curtain," he said, referring to Burma's most prominent Buddhist nationalist association, which is not formally linked to the Patriotic Monks Union.

Articles 62 and 63 of the citizenship law contains provisions against holding "cancelled" documents for "naturalized citizenship"—a category distinct from "temporary citizenship" as formerly denoted by white cards, which is not mentioned in the 1982 law. Penalties include prison sentences of 10-15 years, and fines of up to 50,000 kyats (US$42).

The Irrawaddy visited the offices of the Thingangyun Township administration, but immigration officers and those from other departments would not confirm the charges.

The township police commander, Thet Naing Htun, merely answered, "Everything is fine and we released all of them."

Outside the township court on Monday, around 100 members of the local Muslim community gathered to publicly present a variety of documents purporting to prove the legal residence of those being scrutinized in the township. About 20 police were positioned outside government offices, bearing rifles.

Photographs of the scene were circulated on social media, accompanied by inflammatory statements to the effect that the assembled Muslims were "insulting local authorities" and "disobeying court regulations."