Myanmar blames army for atrocities in Rakhine

Myanmar blames army for atrocities in Rakhine

Myanmar is facing a very fraught time internationally as the conduct of its military comes under increasing scrutiny, while simultaneously the civilian government now admits it must take responsibility for what happened in the strife-torn western province of Rakhine over the past few years.

Meanwhile, the government's own independent inquiry into the troubles has concluded that "war crimes and human rights abuses" took place, involving military personnel during the army's mopping up operations, and recommended further investigation and prosecution of those involved.

However, it also concluded that this did not represent genocide as they had not found any evidence to suggest that "these killings or acts of displacement were committed with any intent or plan to destroy the Muslim or any other community in northern Rakhine State".

These findings of the Independent Commission of Enquiry (ICoE) were released ahead of the International Court of Justice (ICJ) hearing tomorrow, at which it will announce whether the Myanmar must take emergency measures in the face of accusations of "on-going genocide" by Gambia presented to the United Nation's highest court last December.

Privately government officials admit that they expect the court to demand some preventative measures -- or provisional measures -- but believe these will not disrupt the Myanmar's plans for reconciliation in Rakhine.

Hence, the release of the independent report ahead of the hearing is obviously an attempt to show the judges at the ICJ that the Myanmar government -- which stands accused of genocide -- is acting to achieve a measure of justice and accountability for those who suffered, and intends to introduce a number of reforms aimed at solving the long-term causes of the conflict.

It is clear that the civilian government recently has been making efforts to distance itself from the atrocities committed in Rakhine in the wake of the military's "clearing operations" that led to thousands of Rakhine Muslims -- who call themselves Rohingya -- fleeing the country for safety.

The Rohingya have alleged that they suffered harassment, torture, evictions, rape and summary executions at the hands of the Tatmadaw (the military) over the past three years.

Nearly a million Rohingya fled to Bangladesh to escape the violence. Successive UN reports have accused the military of conducting a campaign of ethnic cleansing with "genocidal intent". The Myanmar government and the military have persistently denied these accusations.

The government and the military have continually called these "clearance operations" part of their standard military practice in counter-insurgency campaigns against terrorist attacks in Rakhine.

In October 2016 and again in August 2017 the Rohingya Arakan Salvation Army (ARSA) launched early morning raids against several border guard posts leaving more than a dozen security forces and police dead. According to the Tatmadaw, the army was conducting mopping up operations and trying to root out the ARSA.

As yet the full report has not been published, but the summary conclusions released earlier this week were in fact hard-hitting, contrary to expectations, as much of the international community and human-rights groups have dismissed the group as lacking credibility and dismissed it as a sham. But far from presenting a cover up, the ICoE conclusions were damning.

The ICoE concluded, that "war crimes, serious human rights violations, and violations of domestic law took place during the security operations between Aug 25 and Sept 5, 2017" in Rakhine and elsewhere. More importantly, it says "the killing of innocent villagers and destruction of their homes were committed by some members of the Myanmar's security forces through disproportionate use of force during the internal armed conflict".

Although the group's recommendations -- some 22 -- so far have also not been made public, it is understood that the ICoE is recommending the prosecution of those accused of committing these crimes. Already the military have commenced a court martial several months ago of soldiers accused of ignoring the military's "terms of engagement" causing unnecessary civilian casualties.

Already the country's leader, State Counsellor Aung San Suu Kyi suggested that more court martials are in the pipeline when she addressed the ICJ back in December. Sources in the military have also confirmed to the Bangkok Post more court martials are to follow.

Diplomatic sources believe that broader cases brought to the military courts will also be involved, as a result of the ICoE's recommen- dations.

Many informed international observers though are critical of the Myanmar's military justice system, because of its lack of transparency and accountability.

The State Counsellor herself said as much during her presentation to the ICJ, but lamented that because of the country's constitution, the civilian government had no alternative but to accept its authority: though she indicated that this arrangement had to change in the future if Myanmar was to become a genuine democracy. But that is certainly some way off.

What Ms Suu Kyi's presentation in The Hague clearly indicates is that the civilian government recognises the responsibility of the civilian government and that it intends to do something about it. "It represents a significant redefinition of the civilian government's responsibility for Rakhine," said a diplomat who has been closely following developments on Rakhine. "But it's time to put substance to rhetoric."

It appears that the report's recommendations are going to form the basis of a roadmap for reconciliation, rehabilitation and development in Rakhine in the future. The government is expected to lay out a plan of action, including the priorities of the civilian government, in the near future.

Ms Suu Kyi has committed her government to tackle these issues head on, with the ICoE recommendations and those of the Kofi Annan commission on Rakhine, which reported back to the government -- after a year-long investigation -- just as ARSA launched its second round of attacks in August 2017.

These recommendations -- adopted by the government at the time -- and which were endorsed by the international community, even at the UN Security Council -- have been only half-heartedly implemented since.

"These recommendations are as relevant as ever," Laetitia van den Assum, a former senior Dutch diplomat a member of the Kofi Annan Commission told the Bangkok Post.

The government is seriously considering a number of options presented in the ICoE, some of which dovetail neatly with those of Kofi Annan according to informed diplomatic sources. Some may be immediate and others longer term, while some will need further thought and discussion.

The most complicated is the notion of transitional justice -- along the lines of other attempts internationally, including South Africa's truth and reconciliation commission, Cambodia's Khmer Rouge trial and the ad hoc tribunals in Indonesia, Guatemala and Sierra Leone.

All these mechanisms involve a measure of joint participation: civilian, military, civil society, as well as international judges and advocates.

But while this is the bedrock of Myanmar's new commitment to find accountability and justice for the victims of the Rakhine violence, it will take time to evolve -- and may involve the UN, as many previous efforts to embrace transitional justice have.

The recommendations that will be part of the "Rakhine reconciliation roadmap", according to diplomatic sources, and could be quickly implemented include: granting the Geneva-based International Committees of the Red Cross (ICRC) immediate access to the region, camps and jail, the complete closing of all the remaining camps in Rakhine, and the resettlement of the displaced to areas of their choice.

Other more general plans include a concrete strategy for the economic development of Rakhine, that is inclusive and involves all the communities; boosting the provision of education throughout the region, which allows universal access and guarantees freedom of movement to students who want to study outside Rakhine. More contentious recommendations involve the revision of the ID card or National Verification Card (NVC) and freedom of movement generally for Rohingya.

When the civilian government unveils its plan for Rakhine, it will mark a significant shift from contesting what happened to concentrating on what should happen, including accountability, punishment and reconciliation. But the military's response to these plans will be crucial to their successful implementation.

Though after the ICJ's forthcoming verdict, they will have no option but to acquiesce.


Larry Jagan is a specialist on Myanmar and a former BBC World Service News editor for the region.

Larry Jagan

A specialist on Myanmar

Larry Jagan is a specialist on Myanmar and a former BBC World Service News editor for the region.

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