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Factsheet Burma’s failure on ICJ PVs May 2020
Report Summitted by ALTSEAN Burma, 28 May 2020.
- Burma has failed to take effective measures to comply with the Provisional Measures Order ordered by the International Court of Justice (ICJ) in relation to its alleged genocidal acts against the Rohingya.
- Although President Win Myint has issued three Directives, there have been no enforcement or explicit directions on how to comply.
- Burma has not enacted new laws, or repealed or amended existing laws, to ensure domestic legislation complies with its obligations under the Genocide Convention.
- Between 23 January and 13 May 2020, there were at least 410 armed clashes in civilian areas or direct attacks on civilians by armed actors, across 5 States and 2 Regions of Burma.
- These incidents resulted in at least 134 civilians being killed, 419 civilians injured, 324 civilians abducted or detained, 74 civilians tortured, 1,059 houses destroyed, and 3,870 civilians displaced. The majority of civilian casualties were the result of the Tatmadaw’s actions or its failure to protect civilians.
- Government-enforced internet blackouts in nine townships in Rakhine and Chin State continue to prevent scrutiny and documentation of abuses.
Lack of positive compliance measures — Burma has failed to take effective measures to address the situation in Rakhine State, halt its longstanding practices of violence against ethnic minorities, or change its generally discriminatory environment which continues to permit hate speech and violence.
President Win Myint has issued three statements in response to the provisional measures order: (1) a statement calling for the military not to commit genocide; (2) a statement calling for the military to not destroy evidence in Rakhine State; and (3) a statement condemning hate speech. There has been no visible example of enforcement, and there was a lack of clarity concerning implementation as a matter of policy.
These statements were not accompanied by efforts to abolish, amend or replace legislation to ensure compliance with the provisional measures or the Genocide Convention itself. The International Commission of Jurists and Yanghee Lee, the Special Rapporteur on the Situation of Human Rights in Myanmar have listed several laws that should be amended to address these conditions, including the 1982 Citizenship Law, the 2015 Race and Religion laws, and constitutional provisions that effectively guarantee military impunity.
Burma’s prior refusals to cooperate with independent investigators and rejections of their findings undermine its credibility in preserving and disclosing evidence. It rejects the International Criminal Court (ICC) investigation. It ignored the Independent International Fact-Finding Mission for Myanmar (IIFFMM) requests for country access, written responses, and cooperation. Burma’s Ministry of Foreign Affairs said on 6 August 2019 “We do not recognize either the Fact-Finding Mission or the report that it produced. Burma categorically rejects the latest report and its conclusions.” It denied entry to the Special Rapporteur from 2017 to 2020, including her request to visit in January 2020, and continues to ignore her findings publicly. Government spokesperson U Zaw Htay said on 29 August 2019 that the government’s own Independent Commission of Enquiry (ICOE) was formed to “respond to false allegations made by the UN Agencies and other international communities.” Despite this, Burma has failed to act on the findings of the ICOE so far.
