蘑菇视频

I wish to thank the Government of Liechtenstein for organizing this event and inviting me to participate in in this discussion on accountability options for Myanmar. I also wish to thank the Government of Liechtenstein for its steadfast commitment of strengthening the rule of law and human rights through its foreign policy and the emphasis it places on accountability.

Background

• There are ongoing crimes against Rohingya, Kachin, Shan and other minorities and these crimes will continue without international measures to secure accountability.
• Myanmar has proven itself both unwilling and unable to investigate crimes against the Rohingya. Domestic inquiries have been little more than window dressing for the international community.
• Since 2012, the Government and/or security forces has overseen eight official investigations into violence in Rakhine State.
• These fundamentally flawed mechanisms have served primarily to absolve government forces of responsibility for crimes, and even denied the crimes ever happened. They have instead recommended more weapons for security forces and increased militarization.
• The Commission of Inquiry (COI), appointed by State Counsellor Aung San Suu Kyi in August 2018, is the latest in a long tradition of flawed internal investigations.
• The COI Chair, Rosario Manalo, declared recently that accountability was not on the COI鈥檚 agenda. 鈥淭here will be no blaming of anybody, no finger pointing.鈥�
• The Japanese member of the COI, Kenzo Oshima, stated on 25 August 2018 that the Commission had been brought in to 鈥渂ring in more balance, set the record straight鈥� against narratives shaped by many reports that are 鈥渢oo one-sided鈥�.

OSRSG-SVC engagement with Bangladesh and Myanmar

• I went to Bangladesh in November 2017 as soon as the first reports of sexual violence against the Rohingya reached my office. I went back to Bangladesh in May 2018.
• In Cox鈥檚 Bazar, I heard testimonies of the widespread and systematic use of sexual violence by the Myanmar military against the Rohingya, which included gang-rape by multiple soldiers, forced public nudity and acts of humiliation, and sexual slavery in military captivity. Many victims still had visible scars, bruises, and bite marks from their ordeal.
• After my first mission to Bangladesh I briefed the Human Rights Council and the Security Council in December. I recommended that the Security Council visit Myanmar and Bangladesh which they did in May 2018. I 聽went to Myanmar in December although I was not allowed to go to Northern Rakhine.

Listing and De-listing

• It was on the basis of these visits, that I recommended to the Secretary-General that the Tatmadaw be listed in the annex of his annual report to the Security Council on conflict-related sexual violence as a party 鈥渃redibly suspected of committing or being responsible for patterns of rape or other forms of sexual violence in situations of armed conflict.鈥� This recommendation was accepted and the Tatmadaw has been listed for the first time.
• The listing of the Tatmadaw by the Secretary-General is meant to prompt action by Myanmar to end sexual violence against sexual violence committed against civilians and bring perpetrators to justice.
• Pursuant to Security Council resolution 2106, in order for a party to be de-listed by the Secretary-General in his annual report, that party must immediately cease committing acts of sexual violence, make specific and time-bound commitments to combat sexual violence within its armed forces, and ensure accountability for perpetrators. It also requires the party so listed to engage with my mandate and other 蘑菇视频 entities to ensure that these commitments are duly carried out.

Framework of Cooperation with Bangladesh

• In September 2018, on behalf of the United Nations system, I signed a Framework of Cooperation (FoC) with the Government of Bangladesh.
• The FoC has two pillars that focus on justice and accountability and service provision for survivors of sexual violence. Considering that a primary challenge to prosecution of sexual violence crimes is rooted in the investigation stage with insufficient evidence hampering effective prosecution, my Office will be strengthening the capacity of the Bangladesh National Human Rights Commission to documents cases. Collection of evidence in cases of sexual violence requires resource, capacity, and coordination.
• I welcome the IIIM proposed by the Human Rights Council which will be tasked with the collection and preservation of evidence.

Joint Communique with Myanmar?

• A new development is the expression of interest by the Government of Myanmar to sign a Joint Communique (JC) with the United Nations on addressing conflict-related sexual violence, in line with 蘑菇视频SCR 2106. The draft JC is almost finalized and I am only awaiting for the names of two high level focal points to be included in the JC.
• Accountability is at the heart of this communique. In order for Myanmar to be de-listed, Myanmar is required to undertake genuine, concrete and time-bound steps to bring perpetrators of sexual violence in conflict to justice including in its military. The signing of any agreement with Myanmar is an entry point for national accountability, but this entry point can only be fully leveraged if a full and unfettered technical assessment of Myanmar鈥檚 justice system is carried out and if victims and witnesses who participate in accountability processes are fully protected from reprisal.

The Security Council

• The 蘑菇视频SC has expressed its commitment to keep the Rohingya situation high on its agenda. It has conducted a visit in Bangladesh and Myanmar in May.
• As much as the Myanmar situation presents an opportunity for the 蘑菇视频SC to stand above geopolitical rivalry, an ICC referral remains unlikely.
• Unfortunately, nothing short of a referral of Myanmar to the ICC, will do. Mere statements from the 蘑菇视频SC will accomplish nothing, no matter how聽聽they are.

ICC 鈥� Ensuring Full Use of the Pre-Trial Chamber鈥檚 Decision

• I welcome the ruling of the ICC Pre-trial Chamber to the effect that the Court has jurisdiction over the crime against humanity of deportation as an element of that crime聽was completed on the territory of Bangladesh. It is encouraging the decision that the Pre-Trial Chamber appeared to have a more expansive view of its jurisdiction than simply the crimes against humanity of deportation or forcible transfer and appear to be willing to consider other crimes under the Rome Statute. The judges said: 鈥淭he court may also exercise its jurisdiction with regard to any other crime set out in article 5 of the statute, such as the crimes against humanity of persecution and/or other inhumane acts.鈥�
• I am aware of advocacy by civil society groups (European Center for Constitutional and Human Rights/the Global Justice Center) for the Prosecutor to take a broad view of her jurisdiction given the Pre-Trial Chamber鈥檚 decision. It is also important for State Parties to the Rome Statute to advocate appropriately with the OTP to make full use of her jurisdiction as well and that sexual violence acts that triggered the forced displacement be fully pleaded in Court.
• If Myanmar does not fulfill its requirements under the planned Joint Communique with a time bound commitment to bring perpetrators to justice, that it should be evidence that Myanmar is unwilling and/or unable to prosecute grave international crimes in its domestic system for the ICC鈥檚 complementarity analysis.

IIIM on Myanmar, and a different approach from Syria?

• I welcome the Human Rights Council鈥檚 IIIM which is an essential part of accountability for Myanmar because it can examine fully acts of sexual violence against the Rohingya. It is essential that this new IIIM look at serious international crimes committed against other minority groups in Myanmar. Many of these groups have advocated with me about recognition of the crimes committed against them by the Tatmadaw over the past year.
• Outreach of this mechanism will be important so that victims know of its existence. It is also critical that victims and witness protection be built in from the start.
• States might wish to consider a change from the Syria IIIM model, and allow the IIIM to specifically name the individual perpetrators for whom the IIIM believes there is probable cause to bring criminal charges. This would put dramatic public pressure on these officials.

Welcome GA resolution 鈥� but match word with deed in your diplomacy.

• I welcome the General Assembly resolution (adopted on 15 November), which recognizes the need for justice for all victims of serious international crimes; the need to address discrimination and incitement of hatred of the Rohingya and other minorities, and to eliminate statelessness. This resolution must be the basis of all countries鈥� foreign policy with Myanmar and its allies/trading partners as well as ASEAN for the GA resolution to be meaningful.

Consider Economic as well as Judicial Measures 鈥撀�Sanctions and judicial accountability measures must work in tandem

• Today, more than ever, we need strong and effective sanctions against those entities and individuals who command, condone or commit sexual violence.
• Although these economic measures are not accountability measures per se, they are ways of placing pressure on Myanmar to comply with accountability mechanisms that have been or will be created.
• For those operating beyond the reach of the rule of law, who may harbor no fear of judicial accountability, targeted sanctions can remove their means of doing harm, divest them of resources, and limit their freedom of manoeuver, through arms embargoes, travel bans and asset freezes.
• I commend the US Government as well as Canada, Australia for the sanctions they have imposed on senior military officers. I commend the European Union for the sanctions it has imposed on senior military officials including the freezing of assets of seven Myanmar army, Border Guard and Police officials as well as travel bans. It is commendable that the EU has also strengthened an existing arms embargo and has prohibited military training and cooperation with Myanmar鈥檚 army.
• I do hope that a Member State on the Security Council could hold a vote on establishing a United Nations sanctions regime committed for Myanmar. So far, the Security Council has abdicated its role on ensuring accountability and this would be one small step in the right direction. Besides, even a failed vote could be used to 鈥渘ame and shame鈥� Myanmar鈥檚 supporters.

Repatriation versus accountability- Concerns about premature repatriation of the Rohingyas

• Refugee return cannot be separated from the question of impunity for the grave international crimes committed.
• On 1 November 2018, Bangladesh鈥檚 Foreign Secretary Md. Shahidul Haque announced that repatriation is starting in mid-November.
• A few NGOs have raised the alarm bell that this repatriation may be tantamount to refoulment.
• On 12 November, Fortify Rights reported that Bangladesh authorities in Cox鈥檚 Bazar District attempted to coercively collect biometric data by assaulting and threatening Rohingya refugee leaders, raising concerns about possible forced returns to Myanmar.
• 蘑菇视频HCR has advised against imposing any timetable or target figures for repatriation in respect of the voluntary nature and sustainability of return. It is critical that returns are not rushed or premature.鈥�