ASEAN leaders say 'deeply concerned' about Myanmar violence

Yahoo – AFP, Martin Abbugao and Allison Jackson, May 10, 2023 

The turmoil in junta-ruled Myanmar has dominated talks at the ASEAN
summit in Indonesia

Southeast Asian nations said Wednesday they are "deeply concerned" about the violence ravaging Myanmar, and condemned a recent attack on a convoy of diplomats delivering humanitarian aid in the country. 

Turmoil in junta-ruled Myanmar has dominated talks at this week's Association of Southeast Asian Nations (ASEAN) summit in Indonesia, as the regional bloc faces criticism for its perceived inaction. 

ASEAN has led diplomatic attempts to resolve the festering crisis, but its efforts so far have failed to stem the bloodshed unleashed by a military coup in 2021. 

"We were deeply concerned with ongoing violence in Myanmar and urged the immediate cessation of all forms of violence and the use of force to create a conducive environment for the safe and timely delivery of humanitarian assistance and inclusive national dialogues," ASEAN leaders said in a statement. 

The junta has ignored international criticism and refused to engage with its opponents, which include ousted lawmakers, anti-coup "People's Defence Forces" and armed ethnic minority groups. 

An air strike on a village in a rebel stronghold last month that reportedly killed about 170 people sparked global condemnation and worsened the junta's isolation. 

Pressure on the regional bloc increased Sunday after a convoy of vehicles carrying diplomats and officials coordinating ASEAN humanitarian relief in Myanmar came under fire. 

Singapore and Indonesia said earlier that staff from their embassies in Myanmar were in the vehicles that came under fire in eastern Shan State but were unharmed. 

"We condemned the attack and underlined that the perpetrators must be held accountable," ASEAN leaders said in their statement. 

Addressing the summit Wednesday, Indonesian President Joko Widodo said he was "confident" the 10-member bloc could deal with growing global challenges if its members were united. 

"With unity, ASEAN will be able to play a central role in bringing peace and growth," Widodo said through a translator as he opened the leaders' session of the summit. 

Low expectations 

Foreign ministers and national leaders meeting on the Indonesian island of Flores are trying to kickstart a five-point plan agreed upon with Myanmar two years ago after mediation attempts to end the violence failed. 

Myanmar remains an ASEAN member but has been barred from top-level summits due to the junta's failure to implement the peace plan. 

Diplomatic sources told AFP that the foreign ministers of some countries, which they did not name, had suggested eventually inviting back the junta, citing "Myanmar fatigue". 

Jakarta's chairmanship of the bloc this year had raised hopes ASEAN could push for a peaceful solution, using its economic weight as well as its diplomatic experience. 

Indonesian Foreign Minister Retno Marsudi said Friday that her country was using "quiet diplomacy" to speak with all sides of the Myanmar conflict and spur renewed peace efforts. 

But Indonesia was running out of time to achieve a breakthrough, said Lina Alexandra, an analyst at the Centre for Strategic and International Studies in Jakarta. 

After the next leaders' summit in September, Alexandra added, Indonesia will hand the bloc's influential chairmanship to communist-ruled Laos, which could bring Myanmar back "into the fold" and allow the junta to attend ASEAN summits. 

"It is time for Indonesia to show that it can do what it should do," she said. 

ASEAN's charter principles of consensus and non-interference have hamstrung its ability to stop the violence in Myanmar, which critics say poses an existential threat to the bloc. 

Divisions among its members over Myanmar and other issues, including China's growing assertiveness in the disputed South China Sea, have undermined the bloc. 

On Wednesday, diplomats were fine-tuning an implementation plan for the peace process that would be announced by their leaders on Thursday. 

The latest draft of the end-of-summit statement seen by AFP has left the paragraph on Myanmar open, reflecting diplomatic difficulties over the issue. 

Expectations for progress were low. 

"I don't think that there's going to be very much there that will surprise people," said Aaron Connelly, an analyst for International Institute for Strategic Studies in Singapore.

Myanmar shadow government wants ASEAN crisis talks invite

Yahoo – AFP, Sun, 18 April 2021 

The coup in Myanmar has sparked mass protests against the military junta

Myanmar's shadow government on Sunday urged Southeast Asian leaders to give it a seat at the table during crisis talks next week, and not to recognise the military regime that seized power in a February coup. 

Junta leader Min Aung Hlaing is expected to join a special ASEAN summit on Myanmar on Saturday in Jakarta -- his first official overseas trip since the putsch that ousted civilian leader Aung San Suu Kyi. 

The army has moved to quell mass protests against its rule, killing at least 730 people according to a local monitoring group. 

Min Aung Hlaing's invitation to the meeting of the 10-country Association of Southeast Asian Nations has drawn scorn from activists who have urged foreign leaders not to formally recognise the junta. 

Moe Zaw Oo, deputy minister of foreign affairs for the parallel "national unity government" -- formed Friday by ousted lawmakers mostly from Suu Kyi's party, as well as ethnic-minority politicians -- said ASEAN had not reached out to them. 

"If ASEAN wants to help solve the Myanmar situation, they are not going to achieve anything without consulting and negotiating with the NUG, which is supported by the people and has full legitimacy," he told Voice of America's Burmese service. 

"It's important that this military council is not recognised. This needs to be handled carefully." 

Meanwhile, the junta continued targeting the media on Sunday, arresting Japanese freelance reporter Yuki Kitazumi. 

He was arrested at his home in Yangon on Sunday evening, his assistant said in a message. 

In February, he was beaten up and briefly detained during a crackdown on protesters but was later released. 

The number of reporters arrested so far has totalled more than 65 and at least 34 remain in custody, according to monitoring group Reporting ASEAN. 

Authorities announced Sunday night on state-run television 20 more celebrities and 20 more doctors would be added to their arrest warrant list of 420 prominent people. 

Earlier unrest continued across the country on Sunday, with protesters rallying in Mandalay, Meiktila, Magway and Myingyan, showing support for the national unity government. 

At Palaw in the country's south, demonstrators brandished banners that read: "Military dictators should not be allowed to rule. The dictatorship will be uprooted. Support the national unity government." 

Young demonstrators also staged motorbike rallies while carrying flags in Hpakant and Sagaing. 

The previous night, there were violent clashes in the central gem-producing city of Mogok when security forces cracked down on protesters. 

According to an AFP-verified video filmed by a resident, soldiers crouched on a street as their commanding officer shouted that he wanted "deaths". 

The Assistance Association for Political Prisoners (AAPP) verified two deaths at Mogok. 

Much of Myanmar remains under a curfew imposed shortly after the coup, running from 8 pm to 4 am every night. 

Late Saturday, a young man was shot and killed in Kyaukme town in northern Shan state while riding his motorbike during the curfew. 

"He was shot by the authorities when he and other his friends drove motorbikes around 9 pm. He was shot in the head," a rescue worker told AFP, adding that his funeral would take place Sunday.

Bangladesh to lift Rohingya internet ban 'very soon'

Yahoo – AFP, Munir Uz zaman, August 24, 2020

A Rohingya worker walks across a bamboo bridge in Kutupalong refugee
camp in Ukhia, Bangladesh

Bangladesh will restore internet access to nearly a million Rohingya stuck in refugee camps "very soon", the government said Monday, on the eve of the third anniversary of their escape from Myanmar.

Authorities in Bangladesh cut mobile internet access to the sprawling, teeming camps in the country's southeast a year ago, citing security concerns, sparking international condemnation.

Foreign Secretary Masud bin Momen said Monday that the spread of "baseless rumours and misinformation" could create panic and destabilise the camps, where a few Rohingya have been killed in internal clashes in recent years.

"However, responding to the requests from our friends and also for the need of imparting education and COVID-19 response, for greater internet connectivity, we have taken a decision on lifting the restrictions on 3G and 4G mobile networks, which will be effective very soon," Momen said.

The internet clampdown disrupted communications between different camps, as well as with Rohingya still in Myanmar and elsewhere. It also complicated wire transfers of money from the Rohingya diaspora.

A young Rohingya flies a kite in Kutupalong refugee camp in Ukhia, Bangladesh

Rights groups said the lack of internet access meant misinformation and rumours, particularly about the coronavirus, could spread unverified.

The first infection in the camps was detected in May but fears that the virus could spread quickly have so far not been realised.

Khin Maung, head of the Rohingya Youth Association, said the restoration of internet access was "very good news".

"We can now get regular updates on COVID-19. And we can mobilise people against the activities of the human traffickers," he said.

"With internet connections, we can also communicate with family members who live in Myanmar or other countries."

Some 750,000 Rohingya flooded across the border as they fled a military crackdown in Rakhine state in Myanmar in August 2017 that the UN has likened to ethnic cleansing, joining some 200,000 already in Bangladesh.

With protests banned by Bangladesh -- the government citing coronavirus restrictions -- the refugees were due to mark what they call "Genocide Remembrance Day" with a day of "silent protest" that organisers say will turn the camps into ghost towns.

Race to prevent coronavirus 'nightmare' in Rohingya camps

Yahoo – AFP, May 15, 2020

There have long been warnings the coronavirus could race like wildfire through the
sprawling city of shacks housing nearly a million Rohingya in southeast Bangladesh
(AFP Photo/Suzauddin RUBEL)

Emergency teams raced Friday to prevent a coronavirus "nightmare" in the world's largest refugee settlement after the first confirmed cases in a sprawling city of shacks housing nearly a million Rohingya.

There have long been warnings the virus could race like wildfire through the cramped, sometimes sewage-soaked alleys of the network of 34 camps in southeast Bangladesh.

Most of the refugees have been there since around 750,000 of the Muslim minority fled a 2017 military offensive in neighbouring Myanmar for which its government faces genocide charges at the UN's top court.

Local health coordinator Abu Toha Bhuiyan initially said on Thursday two refugees had tested positive. The World Health Organization (WHO) later said one case was a local man.

On Friday, another senior health official said two more Rohingya had tested positive -- a 42-year-old woman and a 30-year-old man.

It was unclear if they had been in contact with the first two cases.

Mahbubur Rahman, the chief health official in the local Cox's Bazar district, said news of the infections had sparked "panic" in the camps.

The 35-year-old Rohingya man, whose positive result was announced Thursday, lives in Kutupalong, the largest of the camps. He sparked a manhunt at one point after he fled before police found him around four hours later.

"We are worried. He can spread the disease in the camps," community leader Abdur Rahim told AFP.

Rahim said the man is believed to have been infected in a hospital in a nearby town where he took his injured brother for treatment.

Major Rohingya refugee camp populations in Bangladesh, as of April 30, 2020. A 

Rohingya man has become the first person to test positive for COVID-19 in one 

of the camps. (AFP Photo/Gal ROMA)

WHO spokesman Catalin Bercaru told AFP that "rapid investigation teams" were being deployed.

Rahman, the health official, said an entire block in one camp, housing around 5,000 people, was shut off, and that all contacts of the men were being traced and would be brought to isolation centres.

"We have locked down the block, barring anyone from entering or leaving their homes," he said.

Rahman said they would ramp up coronavirus testing to "at least" 100 per day from just five to 10 at present.

Bercaru said that since February, the entire health sector had been "working round the clock" to increase capacity for testing, isolation and treatment, as well as to train health workers and talk to communities.

The UN refugee agency said that 12 severe respiratory infection treatment centres were being established locally, and that up to 1,900 intensive care beds, five quarantine centres, and 20 isolation facilities were planned.

Humanitarian groups would also help with visits by health workers to people inside the camps plus home deliveries of food and fuel.

"We call on additional international solidarity and support to ensure an adequate response for this particularly vulnerable population," a UNHCR statement said.

'Thousands may die'

In early April authorities had locked down Cox's Bazar -- home to 3.4 million people including the refugees -- after a number of COVID-19 cases.

Security personnel use a loudspeaker to raise awareness about the coronavirus in a 

Rohingya refugee camp in southeast Bangladesh (AFP Photo/Suzauddin RUBEL)

Bangladesh restricted traffic in and out of the camps and forced aid organisations to slash manpower by 80 percent.

The country of 168 million people is under lockdown and has seen a rapid rise in coronavirus cases in recent days, with almost 19,000 and 300 deaths as of Thursday.

Senior US official Sam Brownback, who has visited the refugees said it was inevitable the virus would reach the "incredibly crowded" camps and spread "very rapidly".

Daniel Sullivan from Refugees International called it the "realisation of a nightmare scenario".

Shamim Jahan at Save the Children said there was the "very real prospect that thousands of people may die", with "no intensive care beds" in the camps.

No internet, many rumours

Bangladesh has also been criticised for cutting the internet in the camps, which has restricted access to reliable information and spread false rumours.

"I have been calling on the Bangladeshi government to give internet access. It just seems to me ludicrous that they're not," Brownback told reporters in Washington.

With little prospect of being able to return to Myanmar -- where army operations persist in Rakhine state -- many of the refugees have in desperation tried to escape in rickety vessels.

Last month around 60 died in a boat stranded at sea for two months after being denied entry by Malaysia and Thailand because of coronavirus restrictions, survivors said.

Myanmar's Suu Kyi rejects genocide claims at top UN court

Yahoo –AFP, Danny KEMP and Jan HENNOP, December 11, 2019

Myanmar's State Counsellor Aung San Suu Kyi defended Myanmar's treatment
of the Rohingya at the International Court of Justice (AFP Photo/Frank Van BEEK)

Nobel peace laureate Aung San Suu Kyi rejected allegations of genocide against Myanmar in the UN's top court Wednesday, despite admitting the army may have used excessive force against Rohingya Muslims.

Suu Kyi denied "misleading and incomplete" claims by The Gambia that a 2017 military operation had attempted to exterminate the Rohingya, in a rare address by a state leader to the International Court of Justice (ICJ).

Once hailed worldwide as a rights icon for her defiance of the same generals she is now defending, Suu Kyi also warned the Hague-based court that its involvement in the case risked "feeding the flames of extreme polarisation".

Nearly three-quarters of a million Rohingya fled to neighbouring Bangladesh after the Myanmar military launched a huge offensive that it said was in response to attacks by local militants.

"Regrettably, The Gambia has placed before the court a misleading and incomplete factual picture of the situation in Rakhine state," said Suu Kyi, wearing traditional Burmese dress and flowers in her hair.

Timeline showing how Aung Sang Suu Kyi's international 

reputation has unravelled following the Rohingya crisis in 

Myanmar (AFP Photo/John SAEKI)

Brushing off international criticism, the 74-year-old civilian leader said Buddhist-majority Myanmar was dealing with an "internal armed conflict" and that troubles in the area go back centuries.

"Please bear in mind this complex situation and the challenge to sovereignty and security in our country," she said.

"Surely under the circumstances genocidal intent cannot be the only hypothesis."

Lawyers for Myanmar argued that to prove genocide, international law required concrete proof of the intention to destroy a race of people.

ICJ judges have only once before ruled that genocide was committed, in the 1995 Srebrenica massacre in Bosnia.

Flag-waving supporters have joined rallies in support of Suu Kyi in 

several Myanmar cities (AFP Photo/Sai Aung Main)

'Bluntly lying'

UN investigators last year concluded that Myanmar's treatment of the Rohingya amounted to genocide.

The Gambia, a small west African state that is mainly Muslim, claims Myanmar breached the 1948 genocide convention and wants the court to take emergency measures to stop further violence.

It has the backing of the 57-nation Organisation for Islamic Cooperation plus Canada and the Netherlands.

The case is being closely watched by the hundreds of thousands of Rohingya still in Bangladesh.

"Suu Kyi was our hope. But since she came out of imprisonment, she shattered it. How does she deny Myanmar army's atrocities?" Mohammad Yunus, Rohingya imam at the Kutupalong Rohingya refugee camp, told AFP after hearing Suu Kyi speak.

Robi Ullah, another Rohingya, said: "She is bluntly lying in front of the highest court. Such a shame!"

Aung San Suu Kyi said the case painted a "misleading and incomplete 

picture" of the situation in Rakhine state (AFP Photo/Koen Van WEEL)

In The Hague, former war crimes prosecutor Stephen Rapp told a panel discussion organised by pro-Rohingya activists "we see echoes of the Holocaust and Rwanda" in Myanmar's persecution of the minority group.

"This was a genocide... and I am profoundly disappointed that Aung San Suu Kyi presented these arguments," said Rapp, who was also a former US ambassador-at-large for global justice under the administration of former US president Barack Obama.

But Suu Kyi's decision to personally lead her country's case at the court has proved popular at home, where the Rohingya are widely regarded as illegal immigrants.

Around 250 pro-Myanmar protesters gathered in front of the ICJ on Wednesday, carrying placards with Aung San Suu Kyi's face reading "We stand with you".

"These allegations against Myanmar and Suu Kyi are rubbish," said Chomar Oosterhof, 53, a Burmese woman living in the Netherlands.

Flag-waving supporters joined rallies in support of Suu Kyi in several Myanmar cities on Tuesday. Huge billboards of Suu Kyi and three smiling generals have also appeared around the country.

Around 250 pro-Myanmar protesters gathered in front of the International 

Court of Justice on Wednesday (AFP Photo/Koen Van WEEL)

'No tolerance' for abuses

A day after sitting through hours of graphic accounts of violence read out by The Gambia's lawyers, Suu Kyi admitted there may have been civilian casualties including some killed when a helicopter opened fire.

But she argued these were an inevitable part of the conflict.

"It cannot be ruled out that disproportionate force was used by members of the defence services... or that they did not distinguish clearly enough between fighters and civilians," she said.

Myanmar was leading its own investigation and "if war crimes have been committed", then its justice system would deal with them, she added.

"There will be no tolerance of human rights violations in Myanmar," she added.

Rohingya refugees in Bangladesh watched a livefeed of Aung San Suu Kyi's 

appearance at the ICJ on Wednesday (AFP Photo/Munir UZ ZAMAN)

Aung San Suu Kyi was once mentioned in the same breath as Nelson Mandela and Mahatma Gandhi, having won the Nobel Prize in 1991 for her resistance to Myanmar's junta, which ran the country for nearly half a century.

The military's rule was characterised by brutal civil conflicts, biting poverty and isolation.

After 15 years under house arrest, Suu Kyi was freed in 2010 and led her party to victory in elections in 2015.

But her defence of the same military that once kept her locked up has since caused international condemnation.

Myanmar meanwhile faces a number of legal challenges over the fate of the Rohingya, including a probe by the International Criminal Court -- a separate war crimes tribunal in The Hague -- and a lawsuit in Argentina personally mentioning Suu Kyi.

Rohingya call for Myanmar's Suu Kyi to acknowledge atrocities

Yahoo – AFP, Sam JAHAN, December 10, 2019

Dildar Begum, with her daughter, says Myanmar soldiers killed her husband and
two young sons (AFP Photo/Munir UZ ZAMAN)

From squalid refugee camps in Bangladesh, Rohingya who fled a brutal Myanmar military crackdown are calling on Aung San Suu Kyi to acknowledge the mass atrocities as she defends her country against genocide charges at the UN's top court.

The Nobel peace laureate arrived Tuesday at the International Court of Justice in The Hague to lead the defence against claims brought by Gambia that Myanmar's military tried to systematically wipe out the Muslim minority in 2017.

The violence sparked a mass exodus of some 740,000 Rohingya to refugee settlements in Bangladesh border towns, where survivors are still haunted by the rape and murder of loved ones by soldiers and vigilante mobs.

"Suu Kyi cannot deny anything. The international community must listen to our voice because we are the real victims," Sayed Ulla, a Rohingya leader, told AFP at one of the camps.

"I want to see the convicts go to the gallows. They killed us mercilessly. I won't get back my family," added widow Saida Khatun, who witnessed her parents, husband and three children being slaughtered.

"Only seeing them (perpetrators) being punished for their deeds will make me happy."

Rohingya children play at at Jamtola refugee camp in Ukhia. Nearly one million 

Rohingya live in squalid camps in Bangladesh after fleeing the Myanmar 

military crackdown (AFP Photo/MUNIR UZ ZAMAN)

Widow Dildar Begum told AFP her village of Tula Toli was razed and two of her children killed.

Revealing scars she said were caused by soldiers smashing her head with boots and rifle butts after raping her, Begum recalled how her husband and two sons, aged one and five, were hacked to pieces.

"I still can hear my sons' voices in my dreams cursing me as I failed to save them," the 35-year-old said, breaking down in tears.

UN investigators have concluded that the 2017 violence amounted to genocide, with Doctors Without Borders (MSF) estimating that at least 6,700 Rohingya were killed in the first month of the crackdown alone.

The case brought by the tiny west African nation of Gambia is the first international legal attempt to bring Myanmar to justice over the crisis.

Gambia, acting on behalf of the 57-nation Organisation of Islamic Cooperation, on Tuesday will ask the ICJ to take emergency measures to halt Myanmar's "ongoing genocidal actions" against the Rohingya.

Rohingya fleeing the violence in Myanmar head into Bangladesh in this picture from 

October 17, 2017. Gambia has brought genocide charges at the ICJ over the military 

crackdown (AFP Photo/MUNIR UZ ZAMAN)

Myanmar's military has insisted its crackdown was needed to root out Rohingya militants who attacked border police posts in 2017.

Suu Kyi has kept silent over the plight of the minority and defended the same generals who once kept her under house arrest for 15 years.

The hearing comes amid growing impatience in Dhaka over the presence of the refugees, who now number nearly one million, after two failed attempts to voluntarily repatriate them back to Myanmar's Rakhine state.

Ahead of Suu Kyi's ICJ appearance, hundreds of refugees gathered at one of the camps on Tuesday morning, chanting "Gambia, Gambia" and raising their fists.

"We prayed and chanted slogans for Gambia for filing the case against Myanmar," one refugee, who asked to remain anonymous, told AFP after the rally.

"We hope we'll get justice."

Aung San Suu Kyi to lead Myanmar defence against ICJ case

Yahoo – AFP, November 20, 2019

Myanmar's State Counsellor Aung San Suu Kyi will personally lead a team to
The Hague, her office said (AFP Photo/Lillian SUWANRUMPHA)

Myanmar's civilian leader and Nobel peace laureate Aung San Suu Kyi will head up a delegation to the UN’s top court to defend a case accusing the mainly Buddhist country of genocide against Rohingya Muslims, the government said Wednesday, a decision that blind-sided observers.

West African nation Gambia is due to open its case before the International Court of Justice (ICJ) in December on behalf of the 57 member states of the Organisation of Islamic Cooperation.

The complaint accuses Myanmar of breaching the 1948 UN Genocide Convention through its brutal military campaign in 2017, which targeted the Rohingya minority in Rakhine state.

In the opening hearings, the small, majority-Muslim African country is expected to ask the court to make an emergency injunction to protect the Rohingya, pending a decision on whether to deal with the wider case.

But Suu Kyi will personally lead a team to The Hague to "defend the national interest of Myanmar," her office said.

Myanmar has also retained prominent international lawyers, it added.

The country has repeatedly justified the crackdown on the Rohingya as necessary to stamp out militants and insists its own committees are adequate to investigate allegations of abuse.

Some 740,000 Rohingya were forced to flee into sprawling camps in Bangladesh after the brutal 2017 military crackdown, in violence that United Nations investigators concluded amounted to genocide.

'Never ever surrender'

The case will be the first international legal attempt to bring Myanmar to justice over the Rohingya crisis, and is a rare example of a country suing another over an issue to which it is not directly a party.

The ICJ was set up in 1946 after World War II to adjudicate in disputes between UN member states.

Myanmar's 2017 military campaign targeted the Rohingya minority (AFP Photo/

Ye Aung THU)

Gambia's effort is one of several legal challenges mounting against Myanmar.

The International Criminal Court -- another Hague-based court set up in 2002 to probe war crimes -- last week authorised its chief prosecutor to launch a full investigation into the persecution of the Rohingya.

Myanmar has not signed up to the ICC and therefore rejects its authority.

But the probe says it can be held responsible for crimes that affect neighbouring Bangladesh, which has signed up to the court.

Rights groups have meanwhile filed a separate lawsuit over the Rohingya in Argentina in which Myanmar's former democracy icon Sun Kyi was personally named.

This is under "universal jurisdiction", a legal principle which holds that some crimes are so horrific, they can be tried anywhere.

Independent Yangon-based analyst David Mathieson said the decision for Suu Kyi to lead the defence team personally was certainly a shock but he thought it "could potentially be positive".

"(She) should use the trip to absorb this information, not just denounce accountability measures as undue pressure on Myanmar," he said.

The former rights champion, widely condemned in the West for failing to stand up for the Rohingya, still enjoys overwhelming support at home where many buy the official line that the Rohingya are illegal immigrants.

Wednesday’s announcement is also likely to further rally people to her side as the country heads into an election next year.

As the news spread, outpourings of praise were posted on Facebook.

"Bravo!" congratulated Mg Khin. "She (Suu Kyi) will never ever surrender."

Myanmar faces genocide lawsuit at top UN court

Yahoo – AFP, November 11, 2019

Gambia has filed a lawsuit against Myanmar to force it "to cease and desist
from its genocidal acts" against Royingya victims (AFP Photo/MUNIR UZ ZAMAN)

The Hague (AFP) - Myanmar faced accusations of genocide in a landmark lawsuit filed by Gambia at the UN's top court on Monday over the Southeast Asian nation's treatment of Rohingya Muslims, Gambia's government said.

Gambia said it was acting on behalf of the 57-nation Organisation of Islamic Cooperation in bringing the case against Myanmar before the International Court of Justice (ICJ) in The Hague.

The lawsuit accuses mainly Buddhist Myanmar of breaching the 1948 UN Genocide Convention through a brutal military campaign targeting the Rohingya minority in Rakhine state.

The 2017 crackdown forced 740,000 Rohingya to flee over the border into sprawling camps in Bangladesh, in violence that United Nations investigators say amounts to "genocide".

"The Gambia is taking this action to seek justice and accountability for the genocide being committed by Myanmar against the Rohingya," Justice Minister Abubacarr Tambadou said in a statement.

The court is expected to hold its first hearings in December on Gambia's request for urgent interim measures "to protect the Rohingya against further harm", Gambia's lawyers Foley Hoag said in a statement, describing the case as "historic".

Human Rights Watch hailed the move by the tiny west African state, saying it was the "first judicial scrutiny" of Myanmar's alleged crimes against the Rohingya.

Param-Preet Singh, associate international justice director at HRW, said the court's "prompt adoption of provisional measures could help stop the worst ongoing abuses" in Myanmar.

The lawsuit asks the ICJ to "order Myanmar to cease and desist from its genocidal acts, to punish the perpetrators, and to provide reparations for the Rohingya victims," Gambia's justice ministry said.

It said Myanmar had failed to meet its obligations to prevent and to punish genocide, accusing it of "wanton acts of violence and malicious degradation with the specific intent of state actors to destroy the Rohingya as a group".

'Stepped up'

Mainly-Muslim Gambia said it had "stepped up" to file the case on behalf of the rest of the OIC. Tambadou is a former genocide prosecutor at the International Criminal Tribunal for Rwanda and has visited Rohingya camps in Bangladesh.

Other legal attempts to bring Myanmar to justice over allegations of crimes against the Rohingya have so far stalled.

The prosecutor for the International Criminal Court -- a separate tribunal from the ICJ that investigates war crimes -- launched a preliminary investigation into Myanmar in 2018 but no charges have been filed yet.

UN investigators have also called on the UN Security Council to refer Myanmar to the Hague-based ICC or to set up a tribunal, like for the former Yugoslavia and Rwanda, but again no action has yet been taken.

The ICJ was set up in 1946 after World War II to adjudicate in disputes between UN member states.

It normally deals with issues of international law such as border disputes, but sometimes rules on alleged breaches of UN conventions such as those on terrorism or genocide.

The ICJ previously dealt with a genocide case when Bosnia brought a lawsuit against Serbia over the conflict in the former Yugoslavia in the 1990s.

That case ended in 2007 with Serbia being held to have failed to prevent genocide during the 1995 Srebrenica massacre and of failing to cooperate with war crimes tribunals.

Suu Kyi 'culpability' in Rohingya abuses an 'open-ended question': UN investigator

Yahoo – AFP, 17 September 2019

Suu Kyi is a Nobel laureate who spent years in house arrest

UN investigators called Tuesday for an expert evaluation of whether Myanmar's civilian leader Aung San Suu Kyi can be legally implicated in the abuses committed against the country's Rohingya minority.

The fact-finding mission to Myanmar, set up by the UN Human Rights Council, said they were not equipped to determine what level of responsibility Suu Kyi should shoulder for the Rohingya crisis.

"It will become a legal issue whether or not there is an element of culpability here," fact-finding mission chair Marzuki Darusman told reporters in Geneva.

The Human Rights Council recently created a panel to prepare criminal indictments over atrocities committed in the country -- the so-called Independent International Mechanism for Myanmar (IIMM) -- which could have the expertise to determine what responsibility Suu Kyi bears in the crisis.

A Rohingya child plays with a football inside a sewage pipe at a refugee camp

"It is still an open-ended question to what extent she might be implicated," Darusman said.

When asked if the Nobel laureate might be implicated, he said "that is for the judicial process to address," referring to the IIMM.

The fact-finding mission last year branded the army operation in August 2017 as "genocide" and called for the prosecution of top generals, including army chief Min Aung Hlaing.

Some 740,000 Rohingya fled burning villages, bringing accounts of murder, rape and torture over the border to sprawling refugee camps in Bangladesh, where survivors of previous waves of persecution already languished.

And in a damning report published Monday, the investigators warned that the 600,000 Rohingya still inside Myanmar's Rakhine state remain in deteriorating and "deplorable" conditions and continue to face a "serious risk of genocide".

Some 740,000 Rohingya fled burning villages, bringing accounts of murder,

rape and torture

The experts told the rights council on Tuesday that they had a confidential list of some 150 names, including officials, suspected of being involved in genocide, crimes against humanity and war crimes.

'Criminal responsibility'?

Darusman said that the investigators initially shied away from laying blame on Suu Kyi, who spent years in house arrest before her party in 2015 won Myanmar's first fully free vote for generations.

He said that the fact-finding team had taken into account that Myanmar was "going through a transition, a democratic transition, and therefore in our first report we absolved Mrs. Aung San Suu Kyi from any direct responsibility."

But while it was likely that Suu Kyi was not aware in August 2017 of the army's activities, "the issue now is that subsequently, there was no further addressing of this issue on her part," Darusman said.

Major Rohingya refugee camp populations in Bangladesh, as of Aug 15, 2019

Another member of the fact-finding mission, Christopher Sidoti, acknowledged that "it is clear that the civilian side of the government does not control the military side of the government."

But "the civilian side of the government has very substantial constitutional responsibilities," he said.

"The longer this goes on, the more impossible it is for the civilian side of the government to escape international criminal responsibility for the human rights situation in Myanmar."

The fact-finding mission, which was never granted access to Myanmar, is expected to wrap up its work during the ongoing session of the Human Rights Council, due to end next week.

But the UN Special Rapporteur on the rights situation in Myanmar, Yanghee Lee, should continue monitoring the situation.