To: Member and Observer States of the UN Human Rights Council
Re: Joint letter from NGOs based in the global south on the Burma/Myanmar resolution
Dear Excellencies
We write to you regarding ongoing discussions on a resolution on Burma/Myanmar at the 34th session of the UN Human Rights Council.
We are concerned that the current draft text of the resolution does not adequately reflect the graveness of the human rights situation on the ground.
The Office of the High Commissioner for Human Rights and the UN High Commissioner for Human Rights as well as the UN Special Rapporteur on Burma have said that it is very likely that crimes against humanity were committed recently in Rakhine state. The past year has also seen continuing reports of allegations of humanitarian law violations in Kachin and Northern Shan states. The severity of the situation in these states is reflected in the call by the Special Rapporteur for the UN Human Rights Council to hold a dedicated discussion on the situation in these states.
Domestic investigations into allegations have not been credible and the government has regularly denied many of these allegations. The UN High Commissioner for Human Rights and the UN Special Rapporteur have explicitly called for the UN Human Rights Council to set up a Commission of Inquiry into such allegations.This call was also reflected in a recent letter by international and regional NGOs that underlined such a move, at least in the case of Rakhine state, as a minimum requirement.
The Council and the Office of the High Commissioner for human rights has been consistent in expressing concerns on the situation of ¡°Rohingya and other minorities¡± in the country in past resolutions and in last year¡¯s report by the High Commissioner. Several calls were also made in past years for a Commission of Inquiry when serious violations were reported including in 2012. The government of Burma/Myanmar has however not been able to effectively address these concerns over the years and as evidenced by recent events in the country the situation has worsened. There have been no credible steps by the government towards investigating and establishing accountability for allegations of past and ongoing violations. The recent investigation Commission led by the Vice President on Rakhine State has lacked credibility as have the 6 investigations that preceded it.
We call on your delegations to support the inclusion of specific text that calls for a Commission of Inquiry to be established to look into allegations of international humanitarian and human rights law violations in Burma/Myanmar including in Rakhine State as well as Kachin and Northern Shan States.
Allegations of these serious violations in the country include concerns that many of these crimes may be ongoing. It is imperative that the Council takes urgent measures to address this. If the Council is unable to set up an effective independent international mechanism to investigate allegations it will seriously affect its relevance in the global human rights context and undermine its credibility in the eyes the tens of thousands that are affected by these violations.
Please accept the assurance of our highest consideration.
Asian Forum for Human Rights and Development (FORUM‐ASIA), Thailand
Asian Legal Resource Centre, Hong Kong
Association of Human Rights Defenders and Promoters – HRDP, Burma/Myanmar
Banglar Manabadhikar Suraksha Mancha (MASUM), India
Bawinu Foundation, Chin, Myanmar
Bytes for All, Pakistan
Conectas Direitos Humanos, Brazil
Globe International, Mongolia
HAK Association, Timor‐Leste
Human Rights Alert, Manipur, India
Informal Sector Service Center (INSEC), Nepal
INFORM Human Rights Documentation Centre, Sri Lanka
Kachin Women¡¯s Association Thailand
Korean House for International Solidarity (KHIS), Republic of Korea
Madaripur Legal Aid Association (MLAA), Bangladesh
Maldivian Democacy Network, Maldives
Odhikar, Bangladesh
People¡¯s Watch, India
Programme Against Custodial Torture and Impunity (PACTI), India
Progressive Voice, Burma/Myanmar
Pusat KOMAS, Malaysia
Smile Education and Development Foundation, Myanmar
Suara Rakyat Malaysia (SUARAM), Malaysia
Ta¡¯ang Women¡¯s Organization, Burma
Taiwan Association for Human Rights, Taiwan
West African Human Rights Defenders' Network
Women Peace Network, Burma/Myanmar
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