Seminar on Justice for Rohingya
Minority at Parliament
Dr. Mozammel Haque
A
Seminar on Rohingya Minority of Myanmar was organised and held at the Houses of
Parliament on Monday, 10th of December 2018. The title of the
Seminar was ICC Jurisdiction over Crimes against Rohingya Muslims: What role
for the UK Government and the International Community. The Seminar was hosted
by Catherine West, MP for Hornsey & Green as well as the moderator of the
Seminar.
The
other speakers who spoke at the Seminar were Ben Emmerson QC, Founder Member of
the Matrix Chambers; Judge of the Appeal Chambers of the International Criminal
Tribunals for Rwanda and the former Yugoslavia; Rushanara Ali, MP for Bethnal
Green and Bow; Co-chair, APPG on Democracy in Burma; Baroness Sheehan, Liberal
Democrat International Development spokesperson and Sirazul Islam, 18-year old
genocide survivor, born Wood in Kutupalong refugee camp in Bangladesh where he
spent 8 years of his life before moving to the UK.
As
the title of the Seminar was on International Criminal Court Jurisdiction over
Crimes against Rohingya Muslims, the first speaker, Ben Emmerson QC first of
all dealt with this subject and mentioned about the report of the fact–finding
mission to the United Nations Human Rights which recorded the evidence
conclusively the horrific accounts of murders, rapes, tortures, indiscriminate
shelling committed by the Burmese Army on the Rohingya people. He also
mentioned about the forced deportation of 650,000 people in one go. The
prosecutors of the International Criminal Court has the jurisdiction to
investigate the crimes of forced deportation implied the crimes committed by
the army.
Ben
also mentioned the role of the Rohingya themselves and the parliamentarians in
this jurisdictions led by Rushanara Ali. Ben said, “That Rushanara Ali wrote in September getting 180
parliamentarian signatures urging Foreign Secretary Jeremy Hunt to support full
ICC investigation is an absolutely critical step in that process.”
Ben
also mentioned, “It is to make ensure that the victims and the witness
community have representation that they need organisation like JRFM is
absolutely vital.”
Ben’s
last thought on this is the future of the Diaspora. He said, I am sure all of
these is a cynical cause of immediate repatriation to Rakhine state with no
adequate security and no real basis for assuming same type of atrocities could
not be happening again.”
But
on the humanitarian dimension parliamentarian Rushanara mentioned her practical
experience about the situation. She said, “I have seen people living in
conditions worse; women and children were dying needlessly; humanitarian
agencies having very limited rights to be in the camps particularly when it
comes to medical support.”
“So
the situation in Rakhine must not be neglected,” said Rushanara, MP, and added,
“So we do need to continue to ensure our government applies pressure; we have
been arguing this here in Parliament for years to provide better access for
humanitarian aid. We need to make sure the funding for humanitarian assistance
continues NGOs that are allowed to if you think about it it seems forced
persecution.”
Rushanara
said, “The biggest challenge for the one million people who live there is the
fact that the aid, the humanitarian assistance is too short term. The UN appeal
is not fully funded. Very important that you carry on applying pressure on the
UK government and if you got network in another countries where they are
contributed to national assistance then that needs to be stepped up. Because
Britain on its own cannot meet the one billion pounds finance for the refugees
who are in Coxes bazaar.”
The
second thing which Rushanara mentioned is about the protection of rights of
refugees. She said, “On humanitarian assistance the importance of protection of rights for those who are living
there; the rights of children, protection from trafficking which is of concern;
women’s rights and psychological support - there are huge needs; that needs
need to be addressed. That cannot be addressed without support from
international NGOs.”
Baroness
Sheehan said, “The world conscience says persecution, ethnic cleansing and
atrocity crime; since the perpetrators committed crimes against own people are
unacceptable.”
“This
is a man-made crisis it is utterly preventable and we need to speak out; there
should be a mechanism whereby the world conscience can be mobilised. We have a
moral duty to act to alleviate the sufferings in Myanmar and we need to find
international leaver to end these atrocities and we have the case of referral
to the ICC recommended by the Human Rights Council that would be referred to
the UN Security Council and Security Council would refer to ICC,” said Baroness
Sheehan and added, “That China has that veto; basis of atrocities on this massive
scale. I think that’s the question may be that we need to ask ourselves. We are
a member of P5.”
She
said, “I care deeply about the women and girls who have been the victims of
sexual violence. We know that sexual violence is used as weapon in the conflict,
in the persecution. And I am very pleased also that Dfd is being making huge
efforts to trying collect evidence and documents some of the testimonies of
victims.”
“But
the UK is still trading with Myanmar. We can continue to trying pushing pressure
on the government politically,” said Baroness Sheehan and added, “It is very
crucial to people holding them into account. We should continue to create an
independent evidence gathering mechanism let it to be IIIM that is the
international impartial and independent mechanism.”
Proceedings of the Seminar
Emmerson QC
Ben
Emmersons QC, Judge of the Appeal Chambers of the International Criminal
Tribunals for Rwanda and the former Yugoslavia, at the beginning referring to
the organiser, JFRM, said, “ This is absolutely crucial period for those who
are seeking accountability for genocide in Rakhine state and I use the word
genocide consciously and I will come back to that word. I say that because
those who are familiar of the background September is a pretty significant
turning point in the campaign for accountability at the JRFM being pursuing.”
Ben
mentioned the role of the Rohingya themselves and the parliamentarians in this
jurisdictions led by Rushanara Ali. “It would not be just the Rohingya
themselves and parliamentarians in this jurisdiction led by Rushanara Ali. Ben
mentioned, “That Rushanara Ali wrote in
September getting 180 parliamentarian signatures urging Foreign Secretary
Jeremy Hunt to support full ICC investigation is an absolutely critical step in
that process.”
“Therefore
under the politics behind criminal investigation of this kind Myanmar has
already mounted a very serious political campaign try to prevent that from that
happening. So that the first thing,” Ben said.
The
second thing which is very important is the representation of the victims and
the witness community in the process. Ben said, “The second thing is very
important which is to ensure that the victims and the witness community those
who have suffered the abuses are properly represented in these processes not purely
political processes but abused for this peaceful process political process but what
is absolutely vital is that the prosecutor gets as much as assistance can be
given to her in order to able to marshal the evidence that will enable her to
evaluate which of the allegations consensibly and probably prosecuted.”
Ben
mentioned, “It is to make ensure that the victims and the witness community
have representation that they need organisation like JRFM is absolutely vital.”
“It
is very important that the victim and the witness community has organisation and
has representation and there will be in the process representation in the
criminal investigation and prosecution,” Ben mentioned and said, “I know that
the campaign and the others campaign has the potential to be spearheading at
all leadership as organisation amongst this community and ought to attract a
mass support as possible so that they can consolidate their work.”
Ben
also mentioned other legal avenues which need to be explored about sanctions
against individual officials of the Burmese military authority. He said, “The
other important legal avenues need to be to explore considerate and ultimately
some of these proceed are first of all at each against individual officials of
the Burmese military authority certainly and particularly civilians as well of
the magnanity sanctions.”
Ben
maintained, “Now it seems to be EU to enact legislation to identify individuals
and sanctions on individuals human rights violated.”
Ben
also mentioned, “Lastly it is important not to overlook the human rights
violations from the community living in Bangladesh; in other words, as a result
of the policies of the government of Bangladesh; there is a wide range of
activities need to be being organised as quickly as possible. If this community
is going to achieve justice in terms of accountability and reparation and that
requires those political support as today’s events so important but also the
financial support and extremely important I think to get the message out
through your network of this organisation JRFM is being serious about being pursuing
accountability and certainly as far as the United Kingdom is concerned is the
organisation most effectively able to galvanise the actions that takes place.”
Ben’s
last thought on this is the future of the Diaspora. He said, My last thought in
this is not for me the question to address for those much more closely often
the Diaspora; as indeed the community in
the refugee camps is the question of future safety of those; it is harrowing
and chilly. I am sure all of these is a cynical cause of immediate repatriation
to Rakhine state with no adequate security and no real basis for assuming same
type of atrocities could not be happening again.”
Actually
Ben’s concern was the security of the Rohingyas in the Rakhine state. He said,
“Some thoughts in the end the answer to be are the security of the Rohingyas in
the Rakhine state is a proper analysis and the proper implementation of their
rights to self-determination. That does not necessarily mean independent
statehood but it must certainly mean the right to be responsible for their own
security that is a project that needs to be undertaken as quickly as possible.”
Rushenara Ali MP
Rushanara
Ali, Member of Parliament from the Bethnal Green and Bow constituency, have
been involved in camp rights of Rohingya for years. “Despite many of us working
in this field for many years the situation has continued to get worse and you
heard the powerful testimony from Sirazul Islam and many of you would be
familiar with and of course as well as the Rohingya population persecution and
of other minorities as well,” said Parliamentarian Rushanara.
Parliamentarian
Rushanara wanted to focus on two areas; humanitarian dimension and justice
dimension. She wanted on focus on humanitarian dimension within Malaysia and
Coxes Bazaar and justice dimension. She said, “I am really grateful to very
renowned legal expert for being involved supporting the campaigns, this
campaign as well as what we are doing in parliament. Although there are more
Labour MPs behind the work we are doing in the Parliament. I want to thank the
Justice for Minority Rohingya for all the work you are doing and the
fund-raising terms in supporting the work here.”
But
on the humanitarian dimension parliamentarian Rushanara mentioned her practical
experience about the situation. She said, “I visited Rakhine state in 2013 and
also in 2017 before the September attacks. What we need to focus on is both
what is happening with those who were forced into camps in Rakhine state
thousands people who are living in equivalent prison camps. I am sure others
have been a better idea if they were in Rakhine. I have seen people living in
conditions worse; women and children were dying needlessly; humanitarian
agencies having very limited rights to be in the camps particularly when it
comes to medical support.”
“So
the situation in Rakhine must not be neglected alongside the rightful focus
that we provide in Coxes bazaar number of people who have been forced there,”
said Rushanara, MP, and added, “So we do need to continue to ensure our government
applies pressure; we have been arguing this here in Parliament for years to provide
better access for humanitarian aid. We need to make sure the funding for
humanitarian assistance continues NGOs that are allowed to if you think about
it it seems forced persecution.”
Speaking
about the Bangladesh side, parliamentarian Rushanara said, “I was there across at
the end of July and the thing already being mentioned I am not going to go over
but the key points to remember is that on the humanitarian side the funding is
short-term; the context is that this is Bangladesh which is one of the poorest
countries in the world – there are million refugees; and the international
community needs to think on the Bangladesh side there is a real need for them to
make sure that there is proper access and that agencies are not caught up in
bureaucracy that means next month to get permission that certainly the kind of representation
I got. Once got permission then there is
a very short amount of time to deliver programmes.”
Speaking
about domestic NGOs, parliamentarian Rushanara said, “The focus on working with
domestic NGOs is generally quite positive because it means that some, I think,
about 30,000 people are engaged in working who are from that country, working
in the camps; as a result they have been able to counter some of the
hostilities that kick in when refugees live in and give in in obviously there has
been a presence.” Recent numbers in terms of Rohingya refugees who are in Coxes’
bazaar are bigger and the pressure on the wider host communities is growing,
said Rushanara.
Speaking
again on the domestic nationals, She said, one of the things I just wanted to
highlight is some of the positives around over there are huge negatives are I recognised
that. She mentioned, “I have seen there are domestic nationals who are working
in the camps in collaboration with organisation like BRAC which is one of the biggest
in the country on the largest scale in the world, in fact, working hand-in-hand
within international NGOs with staff from that country. It does mean that they are
able to act as a force of defence against hostilities and misperceptions they
can kick in.”
Parliamentarian
Rushanara then mentioned about the biggest challenge is funding. She said, “The
biggest challenge for the one million people who live there is the fact that the
aid, the humanitarian assistance, is too short term. You would be familiar with
some of the underline reasons why that happened but the appeal is not fully
funded. The UN appeal is not fully funded. Very important that you carry on
applying pressure on the UK government and if you got network in another countries
where they are contributed to national assistance then that needs to be stepped
up. Because Britain on its own cannot meet the one billion pounds finance for
the refugees who are in Coxes bazaar.”
The
second thing which Rushanara mentioned is about the protection of rights of
refugees. She said, “On humanitarian assistance the importance of protection of rights for those who are living
there; the rights of children, protection from trafficking which is of concern;
women’s rights and psychological support - there are huge needs; that needs
need to be addressed. That cannot be addressed without support from
international NGOs.”
“International
NGOs can bring specialists and also it cannot be addressed without the
resources. It is one thing you can do to apply pressure both on our government
on the humanitarian side and as well as other governments that is critical
because it is going to be a double catastrophe – vulnerable in those camps,”
mentioned Rushanara and added, “We are lucky with the monsoon season did not being
as severe as it could have been but 15,000 people had been just before I got
there it could have been worse and it could be worse going into here.”
Speaking
about justice dimension, Rushanara mentioned about immediate forced
repatriation. She said, “Ben has already referred to campaign we have been
doing here in parliament and I am grateful to my colleagues, your MPs perhaps
who signed the letter over 180 MPs previously they joined me in doing the same.”
She
said “It is really important as Ben has said; really important; you keep the
pressure on. Brexit is dominating
everything understandably but you need to make sure that you keep the pressure
on MP.”
Addressing
to the organiser, Parliamentarian Rushanara said, “Please carry on doing the
amazing work because without that we would not get to this point. We know the
pressure and the debate in parliament we had have some effects in making the
Burmese military take note of what is happening here. We also know that our government
is now, because we are the pen-holder authority in the UN Security Council, our
government knows and the new Foreign Secretary knows Britain
has got to lead the way.”
Rushanara
also mentioned, “If we don’t take action whether it is through the deportation
group that Ben mentioned which is one track but it should not be the only track
we cannot leave it to Bangladesh to bring the Burmese to the International Court.
I know it is coming from the judges but it cannot be left to the developing
country; they are the neighbour to Burma; to deal with the justice mentioned
and bringing the Burmese military to. We have to be there to hold the Burmese
military as well as the civilian-led government. The action would be taken against
the generals; of course Aung Sang Sui ji is also responsible.”
Parliamentarian
Rushanara also mentioned, “The Foreign Secretary has written back to us and he
has one of the issues around the referral. Our government is working with
France to build support in the UN Security Council among the members in order
to make the case and also to ensure that it is not something that get it and I
think you will all appreciate that it is important that we build that’s support
that’s what we asked for. British government should be building support at the
UN; that’s where we are at the moment. Again it is very important that if you have
the opportunity to meet the Foreign Secretary or have links into the foreign
office please use them to keep the issue on the agenda.”
Baroness Sheehan
Baroness
Sheehan mentioned, “Two things came to my mind firstly the fact that Justice For
Rohingya Minority (JFRM) is doing something and they are doing the most
important thing which is making sure that we have the evidence in future so
that we can hold people to account. End of the day one day the perpetrators of horrific
crimes against humanity will be brought to justice.”
Speaking
about World Conscience, Baroness Sheehan said, “What is world conscience? Universal
idea that is international society we have preconceived notion what is right or
wrong religion in this plane. The world conscience says persecution, ethnic
cleansing and atrocity crime; since the perpetrators committed crimes against
own people are unacceptable.”
“Perpetrating
government should face consequences and this is a man-made crisis it is utterly
preventable and we need to speak out; there should be a mechanism whereby the world
conscience can be mobilised. We have a moral duty to act to alleviate the
sufferings in Myanmar and we need to find international leaver to end these
atrocities and we have the case of referral to the ICC recommended by the Human
Rights Council that would be referred to the UN Security Council and Security Council
would refer to ICC,” said Baroness Sheehan and added, “That China has that
veto; that is the basis of atrocities on this massive scale. I think that’s the
question, may be, that we need to ask ourselves. We are a member of P5.”
Baroness
Sheehan mentioned, “Now UK has a significant bilateral relationship with
Myanmar. In fact, it is the International Development Committee’s report on Myanmar,
its findings that truly forced the government and the DfD to announce now that
it is going to reshape aid programmes in Burma and no longer now provide financial
aid to the Burmese Army within Burma to the few areas it allows to concentrate
most refugees.”
Baroness
Sheehan also said, “Britain does have some powers to try and get Myanmar to
change its mind; prepare to use that power or not. It is good it is concentrating
bringing food, medicines, the clean water to the refugee camps and really that
something.”
She
said, “I care deeply about the women and girls who have been the victims of
sexual violence. We know that sexual violence is used as weapon in the
conflict, in the persecution. And I am very pleased also that Dfd is being
making huge efforts to trying collect evidence and documents some of the
testimonies of victims.”
“But
the UK is still trading with Myanmar. We can continue to trying pushing
pressure on the government politically,” said Baroness Sheehan and added, “It
is very crucial to people holding them into account. We should continue to
create an independent evidence gathering mechanism let it to be IIIM that is
the international impartial and independent mechanism.”
Baroness Sheehan also mentioned about the
great role Amnesty International is doing a significant role of collection
evidence. She mentioned, “Amnesty International’s great working campaign
gathering imagery catalogue; it got photographic evidence before and after coupe
operation by the Burmese military. They have shown the Rohingyas homes were
particularly while the neighbouring non-Rohingya homes have been left intact
and, in fact, that kind of evidence that is going to.”
Baroness
Sheehan also mentioned about some actions taken by EU against the Myanmar. She
said, “EU has been in some of the actions that has been taken against the
Myanmar and the EU has strengthened its arms embargo quality cooperation with
the European Council framework allowing for targetive restrictive measures
against certain members of the tat madal runs 13 of August
She also mentioned, “UK has currently seven individuals from
the tat madal security police and with the Machenski amendment we now have the
legal mechanism.”
We do have the issue when amnesty acting collectively dates
in the region; also Indonesia and elsewhere they have been very instrumental
hosting refugees; they could do so much more I think push for greater action
Baroness
Sheehan really wanted to say about repatriation. She said, “At the end of the
day what the Rohingya they were forced to leave; forced repatriation without safety
and safeguards is just unacceptable. Without safety and security of citizenship,
they are just people and they would not be able to hold their government
accountable.”
