蘑菇视频

Good afternoon to all. I would really like to thank the Permanent Missions of Canada, Bangladesh and Turkey for organizing this important event. Canada鈥檚 unwavering support for this mandate, particularly in the context of the ongoing Rohingya crisis, has ensured a constant and consistent focus on the issue of CRSV, and it is very critical to sustain this.

I would also like to take the opportunity to reiterate and commend the Government of Bangladesh for their extraordinary act of humanity towards the Rohingya community, and also, to extend my appreciation to the Government of Turkey for its key role in drawing global attention to the plight of the Rohingya community and also applying pressure for the international community to act.

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I went to Bangladesh, Cox鈥檚 Bazaar twice. I was there in November of last year and I went back in May this year. My observations following my first visit to four different refugee camps in Cox鈥檚 Bazaar pointed to a pattern of widespread atrocities, including sexual violence against Rohingya women and girls, who have been systematically targeted on account of their ethnicity and religion. The forms of sexual violence which I consistently heard about from survivors include: gang-rape by multiple soldiers, forced nudity and humiliation, and sexual slavery in military captivity. I recall one survivor described being held in captivity by the Myanmar Armed Forces for 45 days, during which she was repeatedly raped. I heard many accounts of girls 鈥� especially the younger ones 鈥� being tied to trees or rocks, and being gang-raped by multiple soldiers. Many of the survivors that I met bore visible scars, bruises, and bite marks, attesting to their ordeal and several sources informed me that some women and girls had been literally raped to death. Sexual violence was used as a tool of dehumanization, a form of punishment, and a 鈥減ush factor鈥� or driver of forced displacement, and this is extremely relevant in terms of the move by the ICC prosecutor which I will talk about in a short while.

On the basis of this information, I recommended to the Secretary-General, the listing of Tatmadaw. The Secretary-General has indeed for the first time in the 2017 Report, which was debated before the Security Council on the 16th of April this year and is compiled by my Office, actually listed Tatmadaw for committing or being responsible for patterns of rape and other forms of sexual violence.

I returned to Cox鈥檚 Bazaar in May 2018, where I saw firsthand that, unfortunately, the violence and forced displacement has not stopped. I visited a transit camp run by 蘑菇视频HCR and there I met with survivors who had just arrived a few days before. Over a period of one week, 蘑菇视频HCR officials reported to me that they had received some 923 new arrivals, which is huge. I met with men and women, and the women I met, shared the same accounts of ongoing human rights violations including rape, gang rape, killings including the targeting of newborn male babies, mutilation of genital organs of the babies, in addition to looting, extortion and arbitrary detention.

I just want to pause and say that in November, many of the survivors were sharing stories of what happened even before August, of how male and female babies were targeted. From August, many babies were killed, when their mothers were being raped, they were thrown in to the fire. They also recounted how the military would walk into their houses at night, and take the babies and drown them in the village well, and by so doing, would also contaminate the water.

It was the second time that I heard about the targeting and genital mutilation of male babies, and that was harsh to listen to. The men and women explained that this new crackdown is related to the refusal of the national verification cards. They explained how they managed to escape to other villages in August and took refuge with friends and relatives in neighboring villages, but now they were being forced to take the national verification cards which will deprive them of any possibility of having citizenship rights. So, their refusal has triggered this violence and detention of male relatives and there is complete restriction on their freedom of movement which means they cannot step out of their house. The men explained how they had no choice but to cross the border, so for me, this was very distressing.

In addition, women and girls that I met with in the camps reported how vulnerable they were. There are some very serious security concerns, with high risks of sexual and gender-based violence, including sexual exploitation and trafficking, and other harmful coping mechanisms, such as forced early marriage. All the women that I met in the women friendly spaces in different camps told me that there was a real security issue, especially after 5 pm, when the humanitarian aid workers are not allowed inside the camp. For example, they reported regular incidents of their tarpaulins being slit at night, and their daughters being snatched from their tents. They reported the disappearance of girls and in each focus group discussion that I had, a number of women actually shared with me that their daughters, sisters-in-law had disappeared, and they had reported the issue to the male Majis (Rohingya community leaders), with no action taken. They were very vocal and said that it was happening in every block in the camps and that boys and girls were disappearing. Trafficking is a real issue which needs to be addressed immediately.

I would say that the main purpose of my second visit was to renew talks with the Government of Bangladesh on a Framework of Cooperation with my Office, which contained three key points, namely:

• Capacity-building of the National Human Rights Commission of Bangladesh to document cases of sexual violence, and to consolidate and preserve evidence of such abuses in accordance with international law. It is important to ensure that the documentation of cases by a range of NGOs, academia and students is done in accordance with international law, and does not result in the revictimization. I have offered to the Government of Bangladesh to consider the possibility of my Team of Experts to build the capacity of the National Human Rights Commission
• The draft framework of cooperation also included the Capacity-building of law enforcement officials (namely, the Police and Border Guard Bangladesh) on the prevention of trafficking, as well as identification, protection and assistance to victims of trafficking, and the importance of supporting justice sector actors on the prosecution of all forms of trafficking of women and girls;
• And the last point in the framework of cooperation is related to the provision of enhanced access to medical care services, especially sexual and reproductive health care, as well as psychosocial and livelihood support; something that my Office could provide through the 蘑菇视频 Action network that I chair.

My discussion with government officials focused on the challenges faced by the Government of Bangladesh and the technical support that my Office could extend.

Within the key concerns that emerged from my last visit include:

• Lack of preparedness for the monsoon season – the refugees live in congested sites that are ill-equipped to handle the heavy rains and cyclone, with alarmingly limited options for evacuation. There is a sense of panic in the camps. Humanitarian workers and the Government of Bangladesh are trying their best but they are dealing with an emergency within an emergency.
• The second concern is the high number of pregnancies coming to term and the limited access to sexual and reproductive health services. Last Tuesday during the commemoration of the International Day of the Elimination of Sexual Violence in Conflict, we got the data from the Government of Bangladesh that everyday there are an estimated 60 births in the camps, many of which likely resulted from rape, and that gives an indication of the magnitude of the emergency and also to reiterate what His Excellency mentioned about the plight of children born of rape. These children are currently in legal limbo.
• You will remember that in the bilateral agreement between Bangladesh and Myanmar signed in November, the mother was supposed to go to the Supreme Court of Bangladesh to make a declaration that the child has been born from an 鈥渦nwarranted incident鈥�. I am glad that this is not being implemented by the Government of Bangladesh in the sense that it is not asking these mothers to go to the Supreme Court. In the agreement with 蘑菇视频HCR, the Government of Bangladesh has included something about the registration of these babies, but as of May when I was there, from the information that I got from 蘑菇视频HCR, that clause has not been operationalized yet, so, this is something which is a huge concern. 蘑菇视频ICEF officials also shared with me that they have had several meetings with women in the community and with religious leaders in the camps, and it鈥檚 showing that they will not abandon or reject the babies. For the single mothers and adolescent girls, they are working on a system of foster care within the community. They do not want to leave the babies outside the community, which I suppose is also due to the fact that many babies have been killed, so there is a sense that the community will take care of the babies through a foster care arrangement, which needs to be supported.
• Another concern of course, is the ongoing justice and accountability gap. I would like to reiterate the urgent need to ensure that all those responsible for abuses of international humanitarian and human rights law are held to account through credible and independent national or international criminal justice systems.
• I must underline that up to now, the complete lack of accountability is not just affecting the Rohingya community, but also other ethnic minorities in Myanmar, in areas where the security forces and armed groups continue to commit war crimes with impunity. In Kachin State, for example, thousands of people were forced to flee their homes a few weeks ago, following a flare-up of violence between the military and insurgents.

What we know is that the Government of Myanmar has proven itself both unwilling and unable to investigate crimes against ethnic minorities, including the Rohingya. The military, headed by Senior General Min Aung Hlaing has little incentive to investigate their own crimes. The civilian government, led by the former democracy icon Aung San Suu Kyi, cannot be relied upon either. I met her when I was in Myanmar in December but we did not engage on substantive matters. I spent 45 minutes with her, she was very polite and kept telling me that I would have good meetings with all the relevant ministers.

The domestic inquiries to date have been little more than window dressing for the international community. Myanmar’s authorities have, by and large, flatly denied that atrocities are taking place. The sixteenth of April; the day of the Open Debate on CRSV, the Permanent Representative of Myanmar said it was all fake news. If anything, Myanmar has taken active steps to block international scrutiny. The authorities have denied access to the United Nations Fact-Finding Mission, created by the Human Rights Council to “establish the facts and circumstances” of alleged violations by the security forces.

For me, the only credible hope for justice lies with the international community. When I briefed the Security Council after my visit to Cox鈥檚 Bazaar on the 12th of December, I recommended a visit by the Security Council. And as you know in April, a Security Council delegation visited Cox鈥檚 Bazar and spoke with traumatised Rohingya refugees in the camps. They also visited torched villages in Myanmar. Unfortunately, when I was in Myanmar I did not have access to Northern Rakhine. The Security Council now must match its condemnation with action, its outrage with concrete action by referring Myanmar to the International Criminal Court, as it has done in other situations of concern. I think the Council has legitimate grounds to be proactive in light of the abundant evidence pointing to 鈥渆thnic cleansing鈥�, with possible 鈥渉allmarks of genocide鈥�. And I think we can simply not allow such violence to be normalized through impunity.

I am pleased that the Security Council has itself expressed a firm commitment to keep the Rohingya crisis high on its agenda. The Myanmar situation really presents an opportunity for both the Security Council and the ICC to stand above geopolitics by being active in ending impunity for heinous international crimes because if they fail, public confidence in these two very important institutions will be further eroded. I recall, I met with a civil society representative during my last visit to Cox鈥檚 Bazaar and she told me: Failure would allow impunity to prevail over justice, and the rule of the jungle to trump the rule of law, and I couldn鈥檛 agree more with that.

In the meantime, the only positive development remains the move from the ICC Prosecutor to seek jurisdiction in this case, namely, Ms. Bensouda鈥檚 Request for a Ruling on Jurisdiction under Article 19(3) of the Rome Statute. Basically, through her request of the 9th of April 2017, she is seeking verification that the ICC has jurisdiction over the alleged deportation of Rohingya civilians from Myanmar, which is not a State Party to the Rome Statute, to Bangladesh, which is a State Party. What is interesting is the definition of 鈥渄eportation鈥� in the Rome Statute which includes: “forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law”. So, I think there鈥檚 an interesting definition.

The Prosecutor basically argues that the Court has jurisdiction even if the coercive acts took place in the originating state (Myanmar) rather than the receiving state (Bangladesh). And what is important to note is that forced deportation actually constitutes an international crime under the Rome Statute. Article 7 lists 鈥渄eportation or forcible transfer of population鈥� as a constituent element of crimes against humanity, in addition to rape and other forms of sexual violence, and other inhumane acts causing great suffering. Bangladesh has already submitted its observations to the ICC on the question of jurisdiction, in accordance with the 18th of June deadline. The ICC has now given Myanmar until the 27th of July to respond to a prosecution request that it consider hearing this case.

Another encouraging development is the appointment of the Special Envoy to Myanmar. Ms. Bergner has already visited the country to engage with the authorities. I met her in New York and I am also in touch with her. She is quietly engaging with the authorities of Myanmar and trying to build trust and confidence, but what is, I must say, alarming is that already the spokesperson of the opposition Union Solidarity and Development Party (USDP) has urged the Government of Myanmar to reconsider its decision to let the 蘑菇视频鈥檚 new Special Envoy set up an office in Naypyitaw, warning that it could leave the country vulnerable to international interference. That鈥檚 not very encouraging.

Finally, I would like to add, that I am personally in favour of a 蘑菇视频 General Assembly resolution. We had the opportunity of discussing this at an event organized in London at the Canada House, on the margins of the Commonwealth Heads of State meeting. I knew Canada was actively discussing this, and I am very much in favour of a resolution to establish a new international impartial and independent mechanism (IIIM), to investigate, document, consolidate, map, and analyse evidence of human rights violations and abuses; and to maintain and prepare evidence in a master database to support and facilitate fair and independent criminal proceedings in national or international courts. My position really stems from an observation about the multiplicity of actors currently engaging in documentation without any longer-term strategic plan for prosecutions and accountability. I think we must really ensure that evidence-gathering is done through an appropriate and central mechanism, with a view to eventually delivering justice and reparations for the victims.

Before I conclude, I would like to take the opportunity to commend the Government of Canada for the addition of seven top Myanmar military leaders to their sanctions list for their role in the Rohingya crisis. I also commend the EU for having placed the same individuals under sanctions. And it is interesting to note that within hours of this announcement, the military leadership decided to sack Major General Maung Maung Soe, for 鈥減oor performance鈥�.

One of my strategic objectives for this mandate is to strengthen justice and accountability, including as a form of prevention and deterrence for the future. My Office stands resolutely focused on this. In addition, for the purpose of the mandate, we define justice very broadly to encompass not merely law, but also reparative and restorative justice, as well as social justice more broadly. Indeed, all the survivors I met in the camps had a very clear message: they not only wanted, but needed, the perpetrators to be punished to ensure their own personal safety, to be able to return to their communities, and begin to heal. They all expressed a thirst for justice as urgent as their needs for health services, education, livelihood opportunities and psychosocial support.

I will continue to engage constructively with the Government of Myanmar in order to encourage the authorities to take concrete measures to prevent and address sexual violence, and to end impunity for these crimes. I have also offered technical support from my Office to assist the national authorities in this regard. I left Myanmar in December with a draft Joint Communiqu茅 which the Government is still considering.

To conclude, I still believe that a decisive Security Council resolution and an accountability mechanism is essential to resolve this crisis. Justice and accountability for the perpetrators is an essential pre-condition for the safe and sustainable return of the Rohingya population to their homeland of Myanmar. And it is the only way to end the decades-old cycle of violence, displacement and dispossession, which has resulted in the Rohingya minority being called 鈥渢he most persecuted people on earth鈥�.

Thank you, and I look forward to continuing this critical discussion.

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