Opening Speech of EU Ambassador Mr. Kristian Schmidt at report launch, “You Cannot Ignore US”

Welcome and Mingalaba, Ladies and Gentleman, friends, and thank you for inviting me to deliver the opening remarks for the launch of the report “You cannot ignore us”.

Let me thank the Network for Human Rights Documentation Burma, the organisations and people behind it – it is an honour not only for me, but also for the EU to launch this publication together with you here today.

Let me also congratulate you on the important work that this report represents.
I have already had the pleasure to meet some of the people behind the report and was impressed by your work and determination and commitment to human rights defenders and political prisoners.

The congratulations extend, of course, to all the individuals and organisations behind this report; and we of course commend the victims for their courage to speak out.

The report “You cannot ignore us” comes at a crucial time. Democratic transition that started in 2011 has brought big change to the whole of Myanmar.If we take a step back, we can see that many things, including human rights, have improved over the past years in Myanmar.

This should serve as an encouragement that change is possible – and that everyone should intensify their determination in defending and promoting human rights at this important moment.

The human rights violations described, not only in this report, but in many others as well, therefore cannot, or rather “should not” be ignored. Because ignoring the past, however painful, carries a risk of repeating it.

This is why transitional justice is so central to nation-building as experiences from across the world, Europe included, have taught us.

Past crimes must be dealt with. There is a very personal reason for this. In fact, I was touched by the humbleness of many of the victims quoted, which also reflected their desire that what was done to them would not be done to anyone again in the future.

As one victim put it, “I don’t have any feelings of hate and revenge. […] I don’t want other villagers to face this kind of torture.”

This is an admirable attitude – not of revenge, but in pursuit of happiness of future generations. Because the research is clear: unless countries deal with the skeletons in the closet, the cycle of violence is highly likely to continue.
How you do it is entirely up to you. You outline very well the different forms transitional justice can take: tribunals, truth commissions, restitution, compensation, rehabilitation, symbolic satisfaction, guarantees of non-recurrence and reform of laws and institutions.

What is the right path for a country is for its people themselves to debate and find out.

What we do believe is that the process should be participative, consultative and include outreach; it should be rights-based and victim-centred; and it should include a gender dimension.

The European Union stands ready to support such a path, but it is upon the people of Myanmar themselves to find it.

My last comment: sometimes it takes the extraordinary courage and humility of political leaders to set a new course, one that heals the scars of the nation and allows former enemies to face the future together.

European history is full of such moments of courage. In fact, the European Union is in itself the result of visionary and bold recognition of past mistakes and the need to build a common future.

But let me give just one picture to illustrate a powerful act of reconciliation in Europe.

Picture this: in 1970, then West German chancellor Willy Brandt is visiting Warsaw, and in front of a monument to the Jewish victims of the Warsaw Ghetto Uprising, he unexpectedly falls to his knees, paying tribute to the millions of Jews murdered by his own country during the Holocaust. This gesture was part of the process to heal our wounds, between Germany and Jews, between East and West, between past and future generations. It helped hand over a stronger society to the next generations of Europeans.With your report, you thus not only give a voice to the voiceless, you also make an important contribution to keeping Myanmar on its path to democracy.
Thank you very much, djezu tin ba de.

YOU CANNOT IGNORE US: Victims of human rights violations in Burma from 1970 – 2017 outline their desires for justice

This report has been prepared by the Reparations Working Group, initiated by the Network for Human Rights Documentation – Burma (ND-Burma). The Working Group currently has 19 members and is campaigning for a government reparations programme. Read more

YOU CANNOT IGNORE US: Victims of human rights violations in Burma

For Immediate Release

(Yangon – 16 October, 2018) Victims of human rights violations desire government reparations and deserve to see justice for what they have suffered, said the Reparations Working Group initiated by the Network for Human Rights Documentation Burma (ND-Burma) in a new report released today. Read more

Myanmar: Human trafficking on China border can only be addressed by ending Burma Army offensives and war crimes

Statement on Myanmar’s Anti-Trafficking in Persons Day

September 13, 2018

On Myanmar’s Anti-Trafficking in Persons Day, KWAT urges Burma’s government and the international community to recognize that without an end to Burma Army offensives and war crimes, the problem of human trafficking along the China border will never be solved.

KWAT has been assisting survivors of human trafficking for the past fifteen years, most of whom have been trafficked to China – some as far as east as the North Korean border. Most have been forced to marry and bear children for Chinese men, with others forced into sex work.

In this year alone, KWAT has already assisted about one hundred women who were trafficked to China, while we have learned of many others who have disappeared. Without knowing Chinese, and without legal papers, trafficked women face huge obstacles to return home.

Most of the trafficked women came from conflict affected areas of northern Burma, where the Burma Army resumed offensives against the Kachin in 2011, committing systematic war crimes, including mass destruction of villages, killing, torture and rape of civilians – as corroborated by the United Nation’s Fact Finding Mission in their report on August 27.

The conflict has displaced over 120,000 people in northern Burma, who have been staying in over 170 IDP camps, where humanitarian aid has been cut by international donors, and increasingly restricted by the Burmese government and military in the past year – in violation of international law. With no other means of feeding their families, women of all ages have risked travelling to find work in China, where they are easy prey for trafficking gangs.

KWAT urges the Burmese government to immediately end Burma Army offensives and war crimes in northern Burma and the rest of the country, and begin unconditional, inclusive political dialogue with all ethnic leaders to enable a new federal, democratic constitution to be drawn up. We urge the international community to pressure the government through measures recommended in the Fact Finding Mission’s report.

Without addressing the root causes, the human trafficking problem in Burma can never be solved.

We also call urgently on international donors to provide adequate humanitarian aid to internally displaced villagers in northern Burma. To avoid government restrictions, this aid must be provided cross-border through community-based channels.

For More Information:

Moon Nay Li (+66 88-260-6417)
San Htoi (+ 95 942 3076 625)
Email:kwat.office@gmail.com

Invited to Report Lunching

Myanmar: creation of UN mechanism a step toward accountability

Today’s decision by the UN Human Rights Council to create an ‘independent mechanism’ to collect evidence of crimes in Myanmar, is a significant step toward accountability for gross human rights violations, the ICJ said.

“The creation of this evidence-gathering mechanism is a welcome concrete step towards justice,” said Matt Pollard, Senior Legal Adviser for the ICJ.

“But this is a stopgap measure, effectively creating a prosecutor without a court, that only underscores the urgent need for the Security Council to refer the entire situation to the International Criminal Court, which was created for precisely such circumstances,” he added.

The Council’s decision follows on conclusions and recommendations by the Independent International Fact-Finding Mission on Myanmar (FFM).

The FFM’s 444-page full report described large-scale patterns of grave human rights violations against minority groups in the country, particularly in Rakhine, Kachin and Shan States.

It also highlighted the need for criminal investigations and prosecutions for crimes under international law, something the FFM concluded that national courts and commissions within Myanmar could not deliver.

“National justice institutions within Myanmar lack the independence, capacity and often also the will to hold perpetrators of human rights violations to account, particularly when members of security forces are involved. The latest government-established inquiry in Rakhine State also seems designed to deter and delay justice,” Pollard said.

The Human Rights Council resolution did not create a new international court or tribunal.

Evidence held by the independent mechanism could be made available to international or national proceedings, whether at the International Criminal Court (ICC) or another ad hoc international tribunal, or to national prosecutors asserting jurisdiction over the crimes under universal jurisdiction or other grounds.

While there is no realistic prospect of effective national prosecutions within Myanmar in the near future, evidence held by the mechanism could also be available in future should national institutions eventually become sufficiently impartial, independent, competent, and capable to do so.

A preliminary examination of the situation of Rohingyas, being conducted by the ICC, may also lead to criminal proceedings but will likely be limited to those crimes that have partially occurred within Bangladesh, such as the crime against humanity of deportation.

Bangladesh is a State Party to the Rome Statute of the ICC whilst Myanmar is not.

The Security Council also has authority to refer the entire situation to the International Criminal Court.

“The Myanmar government should stop denying the truth and should work with the international community, and particularly the United Nations, to improve the horrific conditions facing the Rohingya and other ethnic minorities whose rights have been violated so brutally by the security forces, as documented by the Fact Finding Mission,” Pollard said.

“Myanmar’s international partners, including neighbours like India, China, and members of the Association of Southeast Asian Nations (ASEAN), should exercise their influence to help ensure that Myanmar addresses this serious threat to the stability of the country and the region, by ensuring respect, protection and fulfillment of the full range of civil, cultural, economic, political and social rights of the affected minorities,” he added.

The Council resolution makes several other substantive recommendations, including a call on the Government of Myanmar to review the 1982 Citizenship Law, and a recommendation for the United Nations to conduct an inquiry into its involvement in Myanmar since 2011.

Contact:

Matt Pollard, ICJ Senior Legal Adviser (Geneva), e: matt.pollard@icj.org, +41 79 246 54 75.

Frederick Rawski, ICJ Asia Pacific Regional Director (Bangkok), e: frederick.rawski@icj.org

Read also:

Why an IIIM and Security Council referral are needed despite the ICC ruling relating to Bangladesh (13 September 2018)

Government’s Commission of Inquiry cannot deliver justice or accountability (7 September 2018)

ICJ releases Q & A on crime of genocide (27 August 2018)

Myanmar: reverse laws and practices that perpetuate military impunity (16 January 2018)

Summary report of the Fact Finding Mission (12 September 2018)

Full report of the Fact Finding Mission (published 18 September 2018)

Text of the Resolution (unofficial version tabled in advance of the vote)

ICJ