Seminar on Justice For Rohingya Minority At British Parliament

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, 10^th 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.”