Time for UN to pursue justice
Hold the Myanmar military accountable for grave crimes

[22 March 2022] “UN must explore all possible ways to prosecute Myanmar military leaders and hold them accountable for genocide and atrocity crimes” said Human Rights Defenders from Myanmar in an online event as they engaged with the UN Human Rights Council following a series of reporting on Myanmar during the Council’s 49th Regular Session.

Nearly 14 months after the military launched its nationwide campaign of violence and terror in an attempt to illegally seize power, the military has killed over 2,000 people, including women and children and detained over 12,000.

Having so far failed to impose its rule over the territory and population, the military continues to intensify its cruel and brutal attacks against the people of Myanmar with indiscriminate airstrikes, shelling, massacres, burning down of villages, torture, and sexual and gender-based violence. In addition, the military continues to block humanitarian aid to over 880,000 displaced people across the country while attacking medical facilities and medical and humanitarian workers.

Despite the brutal violence, the Myanmar people have continued to resist the military, steadfastly demonstrating their courageous will and defense of their democracy.

Over 400,000 civil servants who have joined the Civil Disobedience Movement refuse to work under the military, while others carryout general strikes and street protests. Boycott of military products and refusal to pay electricity bills continues and self-defense forces and formation of new autonomous local administrations alongside the existing parallel administrations in ethnic areas mar the military’s desperate attempts to assert administrative and territorial control.

Responding to calls made by civil society organizations for the UN to explore avenues to prosecute Myanmar military leaders and hold them accountable for grave crimes in Myanmar, His Excellency Aung Myo Min, National Unity Government’s Minister for Human Rights expressed his support during the online event, stating, ‘The UN Secretary-General should explore the feasibility of the establishment by the General Assembly or the Human Rights Council of an ad hoc tribunal to support accountability for alleged violations of international law in Myanmar.’

Following Minister Aung Myo Min’s remarks, Marzuki Darusman of Special Advisory Council for Myanmar and Former Chairperson of the Indpendent International UN Fact-Finding Mission on Myanmar stated during the event, ‘To complement the Independent Investigative Mechanism for Myanmar, that has been in operation for the last few years, it is only logical that an entity needs to be set up that is precisely a jurisdiction that would allow the IIMM – that was established by the Human Rights Council – to undertake its next step, and that is, on the basis of preparing the ground for criminal prosecution, for the Council to decide on a jurisdiction where those prosecutions can take place.’

Human Rights Defenders also called on the UN to seek pathways for accountability.
‘International community must rally to end cycle of impunity enjoyed by the military, and call on the Human Rights Council to explore all options to establish a jurisdiction to prosecute Myanmar military for committing war crimes, crimes against humanity and genocide, and stand with the people of Myanmar in their defense of democracy,’ said Khin Ohmar of Progressive Voice.

‘We welcome US designating the brutal violence committed against the Rohingya as genocide, but this must translate into action to hold the perpetrators accountable. Failure to act on the grave crimes being committed against the people of Myanmar, past and present, will only serve to embolden the military junta,’ said Razia Sultana of RW Welfare Society.

‘The military junta continues to conduct fierce airstrikes against civilians in Karen State, as well as in Karenni, Chin, and Sagaing with total impunity. CSOs and other human rights organizations have already provided, and continue to provide, the necessary evidence of atrocity crimes committed by the Myanmar military to UN bodies. It is time for active steps to be taken by the Human Rights Council to ensure that justice mechanisms move forward without delay.’ said Naw Htoo Htoo of Karen Human Rights Group.

‘Myanmar military is burning villages to the ground, conducting mass scorched earth campaigns in towns such as Thantlang, Chin State and using rape as a weapon of war. Without concrete action to stop this military’s campaign of terror, including an arms embargo and targeted sanctions, whole villages will continue to be reduced to ashes,’ said Salai Za Uk of Chin Human Rights Organization.

‘The price of inaction is surely clear to the Members of the Human Rights Council, which has documented military’s crimes for over 15 years. Through its various mandates and mechanisms such as the Fact-Finding Mission and Independent Investigative Mechanism for Myanmar, the Council has amassed vast amounts of evidence of Myanmar military’s atrocities including the genocide against Rohingya. It is time for the Council to build on this work and explore all possible avenues to hold the military leaders accountable through criminal prosecutions,” said FORUM-ASIA.

The online Side Event during the 49th Regular Session of the Human Rights Council “Justice and Accountability for Myanmar: Expectations and Possibilities”, which took place on 22 March 2022 can be viewed here: https://www.facebook.com/progressivevoice/videos/2137679243064231

For media inquiries, please contact:
• Communication and Media Programme, FORUM ASIA, communication@forum-asia.org

For further information, please contact:
• Khin Ohmar, Founder and Chairperson, Progressive Voice, info@progressive-voice.org
• Adam Ahmed, UN Advocacy Programme Manager, FORUM-ASIA, adam@forum-asia.org

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This post was originally published on FORUM-ASIA.

ASEAN must block Myanmar’s military junta participation from all its platforms

In response to the ASEAN Foreign Ministers Meeting taking place this week, FORUM-ASIA Executive Director Shamini Darshni Kaliemuthu said:

FORUM-ASIA welcomes the exclusion of the Myanmar State Administration Council’s Foreign Minister Wunna Maung Lwin from the ASEAN Foreign Ministers Retreat, and reiterates its call to ensure ASEAN does not provide a platform to any representative from the military junta.

ASEAN must recognise that the junta can never be the legitimate representative of its people. Any level of participation from the junta would only allow it to perpetuate its atrocious crimes which have included extrajudicial killings, rape and sexual violence, torture and arbitrary detention.

FORUM-ASIA calls on Cambodia, the incumbent ASEAN Chair, to refrain from further engagement with the junta and to listen to Myanmar people. ASEAN must engage with the National Unity Government (NUG), which represents the democratic aspirations of the Myanmar people; and  continue to push for accountability, and uphold the principles of human rights and democracy, as stated in the ASEAN Charter. ASEAN must use this Foreign Ministers Meeting to collectively support the people’s vision for a democratic Myanmar. 

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The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

For further information, please contact:

• East Asia-ASEAN Programme, FORUM-ASIA, ea-asean@forum-asia.org

For media inquiries, please contact:

• Communications and Media Programme, FORUM-ASIA, communication@forum-asia.org

This post was originally published on FORUM-ASIA.

Human Rights Defenders call on ASEAN and the international community to hold the junta accountable for grave human rights violations and atrocity crimes in Myanmar

‘ASEAN must urgently step up to address the atrocities in Myanmar,’ said human rights defenders from Myanmar and Indonesia in a press briefing held to mark the one year anniversary since the Myanmar military’s attempted coup.

Exactly one year ago in the early hours of 1 February 2021, the military detained the country’s leaders and announced it was seizing power. Since then, almost 1,500 people have been reportedly killed, while thousands have been detained, and many more tortured or sexually assaulted. The junta has launched airstrikes on ethnic minority communities, causing deaths, displacement, and widespread suffering. It has also attacked peaceful protesters, medical personnel, and journalists, while dismantling the country’s remaining democratic institutions, paving the way for it to rule with impunity.

The junta committed these atrocities even as they tried to convince the world that they represent the people of Myanmar.

‘The military junta’s deplorable actions since its illegal coup attempt have shown the whole world, including ASEAN, its true face. The junta has committed numerous abuses that amount to  crimes against humanity and war crimes. ASEAN must not bestow legitimacy to Min Aung Hlaing and his terrorist gang by giving them a seat at the table,’ said Khin Ohmar, Chairperson of Progressive Voice.

‘As of today, Myanmar military terrorists have forcefully displaced over half of our population, unjustly imprisoned over 200 Karenni civilians, killed over 140 unarmed civilians, and burnt over 400 houses to the ground, including churches and religious buildings. This is part of their four-cuts military strategy ‒ denying our people food, funds, intelligence, and recruits. It is a brutal tactic which, while ineffective against such a popular resistance, results in mass human suffering. Despite the Thai border being  an eight day walk, more and more internally displaced people are fleeing to the jungles in the west of Karenni State,’ said Hannah Mo, Secretariat Member of the Karenni State Consultative Council.

Despite these grave atrocities, ASEAN has failed to hold the junta accountable. The Five-Point consensus negotiated by ASEAN leaders remains unfulfilled. Cambodian Prime Minister Hun Sen’s visit to Myanmar has raised legitimate concerns that ASEAN would backtrack on previous collective efforts by the ASEAN body and ASEAN states to ban the junta from representing Myanmar.

‘A year after the attempted coup, the people of Myanmar continue  their adamant calls for the rejection of the military junta, and for the country to be put back on the democratic path. ASEAN must help them in these efforts. The bloc’s response has been far from perfect, but as the main regional grouping, and as one of the few international actors with a direct line to the military, it still has an important role to play. It must hold the coup leader Min Aung Hlaing accountable to the Five-Point Consensus which he agreed to last April, while at the same time opening dialogue with the National Unity Government (NUG), composed of democratically-elected representatives chosen by the Myanmar people,’ said Eva Sundari, board member of ASEAN Parliamentarians for Human Rights and former Indonesian Member of Parliament

The speakers also celebrated the courage of the civil disobedience movement which had been an inspiration for social movements in Asia and globally. The National Unity Government (NUG), formed by constitutionally elected parliamentarians, honour their courage through ensuring their voices are heard.

‘Even though it has been a year that has seen so many people sacrifice their lives to defy the most ruthless and inhumane military junta, and facing multidimensional difficulties and challenges, the morale of the people in Myanmar’s Spring Revolution remains resolute. We will end the military dictatorship and march in unity with confidence to a democratic federal union. With the strong and unwavering support of our people, we, the NUG are determined to strive even harder to engage with the people and leaders of ASEAN until we gain our rightful place and full cooperation of ASEAN as the legitimate government of the people of Myanmar,’ said Ambassador U Bo Hla Tint.

‘The situation in Myanmar is not just about Myanmar itself but a situation that is prevalent in  ASEAN countries, where we also see and experience  impunity and violations. We can use this situation as a benchmark as to how ASEAN should act. This situation is really concerning and we remain in solidarity with the peoples in Myanmar,’ said Fatia Maulidiyanti, an Indonesian human rights defender from KontraS.

The speakers agreed that the international community must no longer fail to respond to the crisis in Myanmar. They emphasised the need to hold the junta accountable not just for the coup, but for the genocide against the Rohingya, and the crimes against humanity against ethnic minorities and war crimes. Without such accountability, there cannot be any real peace.

They called on ASEAN and the international community to immediately recognise NUG as the legitimate representative of the people. They called on the Security Council to immediately act towards the protection of the Myanmar people. The international community can no longer depend on ASEAN. Without this immediate and sustained action, people will continue to suffer. .

The press briefing was organised by Asian Forum for Human Rights and Development (FORUM-ASIA), Asia Justice and Rights (AJAR), Asian Parliamentarians for Human Rights (APHR), CIVICUS: World Alliance for Citizen Participation, Commission for Disappeared and Victims of Violence (KontraS), and Progressive Voice.

About FORUM-ASIA:

The Asian Forum for Human Rights and Development (FORUM-ASIA) is a network of 85 member organisations across 23 countries, mainly in Asia. Founded in 1991, FORUM-ASIA works to strengthen movements for human rights and sustainable development through research, advocacy, capacity development and solidarity actions in Asia and beyond. It has consultative status with the United Nations Economic and Social Council, and consultative relationship with the ASEAN Intergovernmental Commission on Human Rights. The FORUM-ASIA Secretariat is based in Bangkok, with offices in Jakarta, Geneva and Kathmandu. www.forum-asia.org

For media inquiries, please contact:

Communication and Media Programme, FORUM ASIA, communication@forum-asia.org

For further information, please contact:

East Asia and ASEAN Programme, FORUM-ASIA, ea-asean@forum-asia.org

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For the PDF version of this press release, click here

This post was originally published on FORUM-ASIA.