Thursday 25 October 2018

Rohingya crisis: UN warns of ongoing genocide

Source Aljazeera, 25 Oct

The United Nations Fact-Finding Mission on Myanmar has briefed the Security Council on the results of its investigation into the deadly violence perpetrated by the country's military against Muslim-majority Rohingya
25 October 2018 :6 hours ago

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UN investigators say Muslim-majority Rohingya in Myanmar are still facing genocide.
The head of the United Nations Fact Finding Mission on Myanmar told the UN Security Council that up to 400,000 Rohingya who remain in Myanmar face severe restrictions and repression.
Al Jazeera's James Bays reports from the UN.

Nine U.N. Security Council members ask to discuss Myanmar inquiry

Source Reuters, 17 Oct

UNITED NATIONS, Oct 16 (Reuters) - The chair of a United Nations inquiry that accused Myanmar's military of genocide is likely to brief the Security Council this month after Britain, France, the United States and six other members requested the meeting, diplomats said on Tuesday.

The move comes as global pressure mounts on Myanmar to act on accountability after a Myanmar military crackdown in the western state of Rakhine last year drove some 700,000 of the largely stateless minority over the border into Bangladesh.

The crackdown followed attacks by Rohingya militants on security posts. Myanmar has denied committing atrocities against the Rohingya, saying its military carried out justifiable actions against militants.

The U.N. inquiry's report, released in August, called for the U.N. Security Council to impose an arms embargo on Myanmar, impose targeted sanctions and set up an ad hoc tribunal to try suspects or refer them to the International Criminal Court.

Diplomats say council veto powers China and Russia are likely to protect Myanmar from any push for such measures.

However, they cannot block the briefing on the U.N. report because a minimum nine of the 15 council members support the move, which cannot be vetoed. Diplomats say China and Russia believe the report should first be addressed by the U.N. General Assembly's Third Committee, which deals with human rights.

The letter requesting the briefing was signed by Britain, France, the Netherlands, Sweden, Poland, Peru, Kuwait, Ivory Coast and the United States.

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Myanmar's U.N. Ambassador Hau Do Suan wrote to the Security Council on Tuesday to object to the chair of the inquiry being invited to brief the body, warning that it "will only exacerbate mistrust and polarization among different communities in Rakhine" state, where the military crackdown occurred.

"Putting accountability above all else without regard to other positive developments is a dangerous attempt that will face utter failure," he wrote.

The U.N. inquiry, established by the Geneva-based U.N. Human Rights Council, said the military carried out mass killings and gang rapes of Rohingya with "genocidal intent." Myanmar rejected the findings as "one-sided" and said it was a legitimate counterinsurgency operation.

The European Union is considering trade sanctions on Myanmar over the Rohingya crisis, potentially stripping the country of tariff-free access to the world's largest trading bloc, three EU officials said earlier this month. The EU has already imposed travel bans and asset freezes on several military members.

The United States imposed sanctions on four military and police commanders and two army units in August. New sanctions are under consideration for half a dozen other individuals and at least two military-run businesses, U.S. officials have said.

"Unilateral coercive measures without regard to the situation in Myanmar and imposition of politically motivated external pressure will be detrimental to the existing good will and cooperation of the Myanmar Government with the international community," Myanmar's U.N. envoy wrote to the Security Council.

Separately, the prosecutor of the International Criminal Court has begun examining allegations of forced deportation of Rohingya to Bangladesh. Myanmar has said it wants to repatriate Rohingya who fled. (Reporting by Michelle Nichols Editing by Paul Tait)

Friday 5 October 2018

Australia must demand Myanmar war crimes tribunal, says investigator

Source brisbanetimes, 30 Sept

The Morrison government should use its regional clout to demand a peacekeeping mission and war crimes tribunal in response to humanitarian crimes in Myanmar, says a top Australian investigator.

Michael Stefanovic, an Australian seconded to the US State Department's Myanmar inquiry, said he was horrified by the evidence he had gathered.

US Secretary of State Mike Pompeo is grappling whether to use the term genocide to describe the Myanmar military's attack on members on the Rohingya ethnic minority.

But Mr Stefanovic said the term was appropriate.

To underscore the shocking nature of the atrocities, Mr Stefanovic described the story of a man forced by an officer with the Tatmadaw, the country's military, to select a woman from a crowd of Rohingya villagers to be gang raped in public.

Mr Stefanovic has held senior posts at the UN and has previously investigated war crimes in the Balkans and Sudan's troubled Darfur region.


He described the evidence gathered by the US State Department – which had interviewed more than 1000 Rohingya – as the most harrowing he has ever encountered.

"It needs to be acted on. [The] Australian government has a lot of weight in this area of international humanitarian law and I think it needs to throw it around," he said.


Inline image
War crimes investigator Michael Stefanovic. Photo: Simon Schluter

Mr Stefanovic is also calling on Australia to consider severing ties with Myanmar's military.

The pending release by Mr Pompeo of the final conclusions of the US inquiry will supplement a summary of the State Department's "factual" findings released last week, which accused Myanmar's military of waging a coordinated campaign of mass killings, gang rapes and other atrocities against the Rohingya Muslim minority.

UN investigators estimate 10,000 Rohingya have been killed.

The investigation

In May, Mr Stefanovic conducted interviews with dozens of Rohingya in camps in Bangladesh, where almost 700,000 Rohingya are living as refugees.

Inline image
Rohingya refugee women wait in their line as the men in their line run past for a meal provided by a Turkish aid agency.Photo: Kate Geraghty


The interviews helped inform the State Department's findings that Myanmar's military engaged in attacks in Rakhine State that were "extreme, large-scale, widespread, and seemingly geared toward both terrorising the population and driving out the Rohingya residents".

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The first randomly selected survivor Mr Stefanovic interviewed described "no less than three significant massacres, one of which involved hundreds of bodies floating in a waterway".

When Mr Stefanovic, a former homicide detective with Victoria Police, debriefed with his inquiry team after his first day on the ground in Bangladesh, his fellow investigators told similar stories.

"Often … it takes a while before the crimes of that extent emerge," he said. "But everyone had hit the ground running with a fairly horrendous account of what had occurred in Myanmar."

"I had got to that point of my career where I was sort of a fairly cold, objective, dispassionate, detached… a cold bastard," Mr Stefanovic said. Yet the accounts of the Rohingya moved him.

He said one story more than others had stayed with him. A man who fled from Myanmar in October 2017 described being forced by a military official to select a woman from a crowd of Rohingya villagers.

The man said she was then raped by several soldiers in front of horrified villagers. When a fellow villager protested, he was executed by a Tatmadaw commander.

"He was a broken man," Mr Stefanovic recalls of the survivor.

Report findings

The State Department's summary "factual" report describes a "well-planned and coordinated" military operation to terrorise the Rohingya. It documents the use of public gang rape as a military weapon, as well as the murder of toddlers. Some people were buried alive in a military campaign prompted by attacks by Rohingya insurgents in August 2017.

Mr Pompeo is now weighing whether to declare the acts a genocide, a move that would increase pressure on the international community to act but which might be resisted by Russia and China and be contrary to President Donald Trump's desire for the US to step back from its role as a global watchdog.

Mr Stefanovic said the evidence that a genocide has occurred is compelling.

"There were mass killings, there were atrocities that were committed with a view to terrorising a population to force them out of the country and that all qualifies as genocide," he said.

In August, a United Nations investigation described the "genocidal intent" underpinning the military's campaign. The UN report called for six high-ranking military officials, including commander-in-chief Min Aung Hlaing, to be prosecuted for genocide.

Mr Stefanovic said he was speaking out about his work with the State Department – which usually communicates via senior diplomats and press releases – to urge Australia to respond more forcefully to the humanitarian catastrophe.

Australia must act

Australia's newly appointed foreign affairs minister Marise Payne recently said the government was "considering its options, including targeted sanctions" in response to the UN findings.

Ms Payne is expected to meet Mr Pompeo this week and discuss the Myanmar report.

On Saturday, she told the UN General Assembly that Australia was deeply disturbed at the reports of atrocities and was "working with Myanmar and with ASEAN and regional partners ... to find long-term solutions to this complex crisis".

Mr Stefanovic said the release of the State Department report was cause for Australia to act, using its standing in the region to champion a peacekeeping force and a tribunal .

"Someone needs to get in there and intervene, provide stability to enable the return of the Rohingya into Myanmar [and] to set up methods to ensure they have got national recognition, they've got citizenship and that there's some form of justice mechanism put in place."

Mr Stefanovic also called for targeted sanctions of military officials and a review of the support given by Australia to the Tatmadaw, which in the last financial year reportedly included $400,000 for training.

"It needs to be definitely looked at with the view to being cut."

Limited expectations

Mr Stefanovic said resistance by the Russian and Chinese governments may stymie any US-led intervention and Australia may be more successful if it led efforts to form a regional coalition.

"This is where the Australian government can come in. Some sort of regional approach might be more palatable and much quicker to come to bear."

"I think Australia could bring its experience from [the Solomon Islands], Bougainville and other places to help drive that."

He is not hopeful that those responsible for genocidal acts in Myanmar will ever be fully held to account.

"You don't dwell on it too much," he said.

"I'll do my work, assemble it, put it towards people who can develop the appropriate policies and appropriate global responses to these things and I'll park it for a while and move on to the next [war crimes inquiry].

"I actually want my children when they grow up to understand what it is that I've done. I want them to understand what the nature of these horrific crimes are and what's out there and how lucky they are to be in Australia where they don't have to contend with horrific events like that.

Nick McKenzie

Nick McKenzie is a leading investigative journalist. He's won Australia's top journalism award, the Walkley, seven times and covers politics, business, foreign affairs and defence, human rights issues, the criminal justice system and social affairs.