A/HRC/34/NGO/X

United Nations

General AssemblyDistr.: GeneralXX February 2017
English only

Human Rights Council
Thirty-four session
Agenda item 4
Human rights situations that require the Council’s attention

Written statement* submitted by Human Rights Now, a nongovernmental organization in special consultative status
The Secretary-General has received the following written statement which is circulated inaccordance with Economic and Social Council resolution 1996/31.
[13 February 2017]*GE.17-This written statement is issued, unedited, in the language(s) received from the submitting
non-governmental organization(s).

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Human Rights Now Strongly Calls on Myanmar to End All
Serious Human Rights Violations in Rakhine State and Calls
for a Commission of Inquiry to Investigate Reported
Violations
1. Summary
Human Rights Now (HRN), a Tokyo-based international human rights NGO, is gravely concerned
about the recent human rights situation in Rakhine State by Myanmar security forces, and strongly
calls on the Myanmar military to cease all human rights violations against the Rohingya. We callfor a Commission of Inquiry to be dispatched to investigate reported violations. HRN is also
concerned about continuing human rights violations against civilians by the Myanmar military in
the Kachin conflict and about the security of human rights defenders following rights lawyer Ko
Ni’s assassination.
2. Human Rights Violations Against Rohingya
Following an armed attack against Myanmar border police posts in 9 October 2016, Myanmar
military and police placed a large area of Rakhine State, containing predominantly Rohingya
villages, under a lockdown and began what has been reported as a massive, violent, and systematic“area clearance operation” against Rohingya residents. Over 66,000 Rohingya have fled intoBangladesh, and 22,000 internally displaced during the operation. 1On 3 February 2017, the OHCHR mission to Bangladesh published a report of accounts by over
200 Rohingya which fled the lockdown zone into Bangladesh after October 9. The accounts detailserious human rights violations by Myanmar security forces, including mass killings, enforced
disappearances, widespread beatings and torture, rape and sexual violence, arson of Rohingya
villages and other destruction of property, and arbitrary mass detentions. Each violation waswitnessed by an average of 51% of the interviewed Rohingya, and was supported by photographs ofinjuries, interviews with UN officials and medical staff which treated injuries, satellite photographsof burned Rohingya villages, and other evidence. 2
The report concluded that the attacks appear “to have been widespread as well as systematic,indicating the very likely commission of crimes against humanity (as the High Commissioner
concluded already in June 2016).”3
UN High Commissioner for Human Rights Zeid Ra'ad Al-Hussein condemned the reported
violence as “devastating cruelty” and called for Myanmar to immediately stop human rights abuses
1

Report of OHCHR mission to Bangladesh, “Interviews with Rohingyas fleeing from Myanmar since 9 October
2016”, 3 Feb. 2017, www.ohchr.org/Documents/Countries/MM/FlashReport3Feb2017.pdf (“OHCHR Report”).
2
Id., at 9-10 (Witnesses include those that saw a violation committed or were victim to one. 65% reported killings;
56% reported disappearances; 64% reported beatings; 43% reported rape; 31% reported sexual violence; 64%
reported burning/destruction of property; and 40% reported looting.)
3
OHCHR Report, supra n. 2, at 42.

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against Rohingya, an immediate end to its operation, a robust reaction by the international
community, and an international commission of inquiry. 4 Following the report, Aung San Suu Kyi,
head of Myanmar’s ruling party, told al-Hussein “that an investigation will be launched”, “that theywould require further information” for which she requested UN assistance, and also that she did notdeny the reports.5
Past initiatives by the Myanmar government have proven insufficient, however. Former UN
Secretary General Kofi Annan, who chairs an Advisory Committee on Rakhine State established bythe government in August 2016, expressed concerned about the Myanmar government’s lack oftransparency on reports of violence against Rohingya in a December 2016 statement.6
An Investigation Commission on Maungtaw, established by the Myanmar president, issued aninterim report in January 2017 denying allegations of human rights violations and genocide. 7 UNSpecial Rapporteur on the situation of human rights in Myanmar Yanghee Lee also noted that,
despite being generally granted access to the region during her visit, she was concerned about thegovernment’s denials of rights abuses despite evidence to the contrary.8
3. Human Rights Violations in the Kachin Conflict
HRN is also concerned about continuing reports of human rights violations in the Kachin conflict,which include areas of Kachin and northern Shan states. Despite pledges for a peace process, theMyanmar military has escalated its conflict in these areas with helicopter gunships, heavy artillery,and other sophisticated weapons.9 In December 2016, there were reports that the Myanmar militarybombed churches, schools, and other non-military targets in northern Shan State.10 Bombing ofKachin IDP camps and villages in Kachin state in January led to over 6,000 IDPs, 4,000 of whom
reported tried to flee into China on January 11 and were forced to return by Chinese securityforces. 11 The government also barred Special Rapporteur Lee from visiting conflict areas inwestern Kachin state.124UN News Centre, “UN report details 'devastating cruelty' against Rohingya population in Myanmar's Rakhine
province”, 3 Feb. 2017, http://www.un.org/apps/news/story.asp?NewsID=56103#.WJq2qH-T7nc.
5
Stephanie Nebehay, “Myanmar's Suu Kyi vows to investigate crimes against Rohingya - U.N.'s Zeid”, Reuters, 3Feb. 2017, http://uk.reuters.com/article/uk-myanmar-rohingya-un-idUKKBN15I165.
6
Mike Ives, “Kofi Annan, in Myanmar, Voices Concern Over Reported Abuses of Rohingya”, New York Times, 6
December 2016, http://www.nytimes.com/2016/12/06/world/asia/kofi-annan-myanmar-rohingya.html .
7
Myanmar President Office, “Interim Report of the Investigation Commission on Maungtaw”, 3 January 2017,
http://www.president-office.gov.mm/en/?q=issues/rakhine-state-affairs/id-7076
8OHCHR, “End of Mission Statement by Special Rapporteur on the situation of human rights in Myanmar”, 20
January 2017, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21107&LangID=E (“SRReport”).
9Bertil Lintner, “Kachin war explodes Myanmar’s peace drive”, 19 Jan. 2017, Asia Times,
http://www.atimes.com/article/kachin-war-explodes-myanmars-peace-drive/.
10
Daniel Maxwell, “Kachin State: Thousands of civilians unable to escape conflict”, Asian Correspondent, 25 Jan
2017, https://asiancorrespondent.com/2017/01/kachin-state-thousands-civilians-unable-escape-conflict/.
11
Joint Strategy Team, “Current Humanitarian Situation Update in Kachin State, 25th January 2017”,
http://www.burmalink.org/current-humanitarian-situation-update-kachin-state-25th-january-2017 (Joint Strategy
Team is a network of nine Kachin-based NGOs); Id.
12
Lintner, supra, n. 9.

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4. Protecting Human Rights Defenders
On 29 January, 2017, the human rights lawyer Ko Ni, who worked on Muslim rights andMyanmar’s constitutional reform to bring the military under civilian control, was assassinated in
Yangon. HRN is concerned that the assassination will have a significant chilling effect among
human rights defenders in Myanmar without a strong response by the Myanmar government toconduct an investigation, prosecute perpetrators, and ensure that the security and freedom ofexpression of human rights defenders and lawyers is guaranteed in conducting their vocal humanrights work.
5. Recommendations
Human Rights Now is gravely concerned by the deteriorating human rights situation in Myanmar.
We are particularly concerned by the reported killings, disappearances, forced displacements,
torture and inhuman treatment, rapes and other sexual violence, arbitrary detention, destruction ofproperty, and other human rights violations carried out against the Rohingya people by Myanmar
security forces, and that the violations are wide spread and systematic, which may constitute crimes
against humanity. We are also dismayed at the Myanmar government’s past denials and failures toinvestigate alleged crimes.
International community must take appropriate measure to prevent massive human rights violations
in Myanmar and ensure that the perpetrators of heinous crimes are held accountable.
Human Rights Now makes the following calls and recommendations.
1) To the Myanmar government and military: Immediately end military activity and rights abuses against Rohingya in Rakhine state andcivilians in the Kachin conflict; Ensure full access to all of Rakhine, Kachin, and Shan states for humanitarian andinternational organizations providing necessary aid and investigating reports of human rights
violations; Investigate reported crimes and human rights violations and call on the military to prosecuteperpetrators;
 Support a process of constitutional reform to bring the military under control of the civiliangovernment; Conduct a thorough investigation of Ko Ni’s assassination, prosecute any perpetrators, andtake steps to ensure the security and freedom of expression of human rights defenders andlawyers.
2) To the Human Rights Council:
 Adopt a resolution including:o Supporting the findings of the latest OHCHR Report on the situation in Rakhine
state,o Condemning human rights violations in Rakhine State,
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o Strongly calling on Myanmar authorities to take immediate steps to bring an end toviolence in Rakhine State,o Establishing a Commission of Inquiry to conduct a comprehensive investigation inRakhine State as a step to ensure accountability, ando Continuing the mandate of the UN Special Rapporteur on the situation of humanrights in Myanmar under Agenda Item 4.

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