REPORTS (/REPORTS/?CATEGORY=REPORTS)
5 KEY PRIORITIES TO
ADDRESS THE ROHINGYA
CRISIS
Daniel ullivan (/reports/?author=57d96753d482e9181546fe04) · August 22, 2018 (/reports/2018/8/22/5-
ke-priorities-to-address-the-rohinga-crisis)
August 25 marks a grim anniversar. It has now een one ear since a rutal campaign of
ethnic cleansing the Manmar militar forced more than two-thirds of the Rohinga
population living in Manmar out of the countr. Over the past ear, more than 700,000
Rohinga have fled to neighoring angladesh, joining at least 200,000 other Rohinga
who had fled previous outs of violence and persecution. Descried the militar as
“clearance operations” provoked attacks Rohinga militants, the militar’s actions
have een not onl grossl disproportionate, ut marked indiscriminate killing,
widespread sexual violence, and wholesale urning of villages. Crimes against humanit,
and possil genocide, have taken place and the evidence of such crimes continues to
mount. Yet there has een little accountailit.
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Prospects for return of Rohinga refugees remain dim, underscored the fact that
5 Key Priorities to Address the Rohingya Crisis — Refugees International
hundreds of thousands of Rohinga still living in western Manmar continue to face
widespread ause, lack of access to healthcare and education, and heav restrictions on
freedom of movement. Access for humanitarian aid has een limited and independent
human rights experts and media have een denied entr. Neither a UN Human Rights
Council mandated Fact-Finding Mission nor the UN pecial Rapporteur on Human Rights
in Manmar have een permitted the government to enter the countr.
As the world takes stock of the situation a ear since the forced mass expulsion of
Rohinga from Manmar, Refugees International (RI) provides five ke priorities to address
the Rohinga crisis.
Refugees International carried out an emergenc mission to angladesh within the first
das of the Rohinga exodus in eptemer 2017 and another in April 2018 during which RI
interviewed dozens of Rohinga refugees. This analsis is ased on those interviews,
previous RI missions and reports, and information provided partner groups and
individuals on the ground in angladesh and Manmar.
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Crimes against humanit, and possil genocide, have taken place against the Rohinga,
and the evidence of such crimes and who among the Manmar militar and securit forces
committed them has een steadil growing. In the first weeks of the mass exodus, RI
collected testimonials from Rohinga fleeing to angladesh and quickl determined that
what was taking place was ethnic cleansing, a determination shared the U..
government Novemer 2017.(1) In an Octoer report, earing Witness to Crimes
Against Humanit, and again highlighted in testimon efore U.. Congress, RI
documented hearing “consistent accounts of Manmar soldiers surrounding villages,
urning homes to the ground, staing, shooting, and raping the inhaitants, leaving the
survivors to flee for their lives."(2)
uch initial accounts of Rohinga refugees collected RI and other groups have een
reinforced comprehensive documentation efforts carried out the United Nations and
the United tates. A U.. tate Department documentation project has compiled more
than 15,000 pages of documentation ased on interviews with a randomized sampling of
more than 1,000 Rohinga refugees in camps in angladesh. A Fact-Finding Mission
mandated the UN Human Rights Council has carried out its own independent research,
indicating evidence of grave auses in its interim oral report.(3) The final report of the
Fact-Finding Mission will e presented at the Human Rights Council session in eptemer
2018.
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In addition, journalists and NGOs have uncovered further details of the crimes committed.
5 Key Priorities to Address the Rohingya Crisis — Refugees International
A special investigation Reuters identified the 33rd and 99th Rapid Action attalions of
the Manmar militar as spearheading the clearance operations against Rohinga. The
investigation detailed reporting lines directl to the head of Manmar’s militar, enior
General Min Aung Hlaing.(4) Independent investigations Amnest International and
Fortif Rights have further identified a numer of units and commanders involved in
egregious human rights auses.(5) Doctors Without orders estimated that at least 6,700
Rohinga had een killed in the clearance operations.(6) These various reports have
verified crimes against humanit that the UN pecial Rapporteur for Human Rights in
Manmar descries as having “the hallmarks of genocide."(7)
The momentum created these and future evidence collection efforts must not e
squandered. The United tates and other UN memer states should demand access for
the UN Fact-Finding Mission and an UN-mandated follow up mechanism as well as for
the UN pecial Rapporteur for Human Rights in Manmar and independent media and
human rights groups. The U.. tate Department, for its part, should pulicl release the
findings of its investigation and use it to promote further accountailit efforts.
While the exact numer of Rohinga in Manmar toda is impossile to know for certain, it
is estimated that several hundred thousand remain. As recentl arrived Rohinga refugees
in angladesh told RI in April of this ear, those still in Manmar continue to face heav
restrictions on freedom of movement and access to livelihoods and healthcare, not to
mention aritrar arrest and other auses. Man are dependent on humanitarian aid. RI
has een reporting on such conditions for several ears, ut conditions and access have
worsened during the past twelve months. Most agencies and international organizations
have een unale to access northern Rakhine tate to provide aid or carr out needs
assessments.(8) ven the UN Development Program (UNDP) and UN Refugee Agenc
(UNHCR), with which Manmar signed a Memorandum of Understanding (MoU) in Ma
2018 regarding the return of the Rohinga, have een waiting since earl June to gain
access.
Limited visits and satellite images, however, provide some indication of current conditions.
The UN ecurit Council was allowed to visit parts of Rakhine tate in Ma 2018, and
ecurit Council memers were flown over urned out villages. atellite images show the
empt spaces where villages stood efore eing urnt to the ground, as well as the
construction of new militar uildings on razed Rohinga propert.(9) In addition, in Central
Rakhine tate, more than 100,000 Rohinga have een living in displacement camps,
descried as open-air prisons, since 2012. UAID Administrator Mark Green highlighted
the restrictions and overall despair in the camps during his own visit in Ma 2018 and has
since descried the lack of hope he saw in one oung father’s ees as “the single most
disturing moment of m tenure as UAID Administrator."(10)
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The United tates and other UN memers must continue to call for unfettered
5 Key Priorities to Address the Rohingya Crisis — Refugees International
humanitarian access and an end to serious human rights auses against the Rohinga as
well as other ethnic minorit groups throughout the countr. Failure to address the
ongoing discrimination and auses against ethnic minorities should e met increased
international pressure, including through targeted sanctions, a gloal arms emargo, and
referral to the International Criminal Court (ICC).
The some 1 million Rohinga refugees in angladesh, while safe from the direct auses of
the Manmar militar, continue to face significant risks. The camps are densel populated
and in danger of floods and landslides during the monsoon and cclone seasons. The
government of angladesh deserves praise for providing refuge to hundreds of
thousands of Rohinga and providing land and shelter. However, the needs remain
immense and are exacerated trouling restrictions on NGO activities and services for
Rohinga. The government of angladesh refuses to recognize the vast majorit of
Rohinga in angladesh as refugees. It also continues to propose moving Rohinga to
hashan Char, an island in the a of engal prone to significant cclone and flooding
risks. The UN response has also created its own inefficiencies in the form of lurred lines
of responsiilit and oversight.
Rohinga refugees with whom RI has spoken have a near universal desire to return to
their homes, ut do not feel it is safe now. In the meantime, the are urgentl appealing for
assistance to deal with the trauma the have experienced, education for their children,
and asic protections. The challenges faced Rohinga women and girls in the camps is
particularl acute, with man having experienced sexual violence in Manmar. The
humanitarian communit in angladesh still ill-prepared to prioritize gender-ased
violence as a lifesaving matter in its response. For more on these issues, see Refugees
International’s reports Unnatural Disaster: Aid Restrictions ndangering Rohinga Ahead
of Monsoons in angladesh(11) and till At Risk: Restrictions ndanger Rohinga Women
and Girls in angladesh(12)from Ma and Jul 2018.
For the time eing, and almost certainl for ears to come, hundreds of thousands of
Rohinga in angladesh will require humanitarian assistance and protection. The United
tates and other UN memers should urge the government of angladesh to remove
ureaucratic arriers hindering response activities and refrain from moving Rohinga
refugees to hashan Char Island. International donors should also full fund the efforts
that were laid out in a 2018 Joint Response Plan for the Rohinga humanitarian crisis,
including lifesaving aid for Rohinga refugees and the local host communit in
angladesh.(13)
4 . REPAT
REPAT RI AT I ON O F R OH ING YA TO MYANM AR IS A D IM P RO SP E CT BUT
AN ESSE NT I AL PART O F ANY SUSTAIN ABLE SO LUT IO N
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The ultimate solution to the Rohinga crisis will e safe, voluntar, dignified, and
5 Key Priorities to Address the Rohingya Crisis — Refugees International
sustainale return of those who fled ack to their homes or, for the man whose villages
have een destroed, to the lands upon which their villages stood. The government of
Manmar has stated its willingness to take ack Rohinga and signed a Memorandum of
Understanding on returns with the government of angladesh and another more recentl
with UNHCR and UNDP. The government of Manmar has uilt new reception centers and
said it is read to accept Rohinga ack. However, its rhetoric is elied a failure to
address the root causes of the crisis, including refusal to recognize the Rohinga as
citizens of Manmar. And Rohinga refugees rightl ask: What prospects are there for
improved rights, let alone recognition of citizenship, if more than 100,000 Rohinga
displaced inside Manmar have een unale to return home since 2012?
The MoU signed etween the government of Manmar and the UN agencies was a
notale step ut a prolematic one. A leaked version of the MoU revealed that there was
no reference to Rohinga citizenship or ethnic identit. The fact that the MoU has not een
made pulic is cause for concern, particularl among Rohinga who have not een
involved. An future moves toward repatriation will require input from the refugees,
greater transparenc, and guarantees of independent international monitoring to ensure
the process is safe, voluntar, dignified, and sustainale. To date, those conditions clearl
are not present.
5 . SE
SE V ERAL ST EPS TOWARD AC CO UNTABILIT Y AR E AVAIL ABLE BU T
H AV E NOT Y E T BE E N TAKEN
Accountailit for the crimes against humanit committed against the Rohinga will also e
essential to an sustainale solution for the Rohinga crisis. teps taken toward
accountailit will demonstrate a clear interest in justice on the side of Manmar
authorities that would help deter future crimes and will promote confidence among the
Rohinga for the possiilit of safe returns.
Yet, to date, there has een little accountailit for the auses that have taken place in
Manmar. A handful of officers involved with the clearance operations have een
demoted or resigned, ut it is unclear if these moves had anthing to do with auses
committed. Investigations carried out the militar have cleared it of an responsiilit
for auses, and other government investigations have had similar results. Aung an uu
Ki, Manmar’s de facto civilian leader, has not simpl een silent, ut has defended the
militar’s claims.(14) Two commissioners of an international Advisor Commission on
Rakhine tate set up uu Ki have resigned citing concerns of the commission eing
another whitewash.(15) In Jul 2018, the Manmar government estalished a Commission
of nquir that includes two international representatives, ut its chairwoman has alread
indicated it will not e looking to point out those responsile for crimes, saing “there will
e no laming of anod."(16)
In the asence of credile domestic remedies in Manmar, the main mechanism for
accountailit is through the International Criminal Court, which has jurisdiction for crimes
against humanit and genocide. While Manmar is not a part to the ICC, a referral to the
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court to open an investigation could come from the UN ecurit Council, as was done for
5 Key Priorities to Address the Rohingya Crisis — Refugees International
the atrocities committed in Darfur. In the case of the Rohinga, the ecurit Council has not
et voted on the question of an ICC referral. Man assume that China would veto such a
resolution. ut even a vetoed attempt would increase international pressure on the
Manmar authorities.
Another possile option would e for angladesh to refer the situation in Manmar to the
ICC. angladesh is a part to the ICC, and the crime of deportation of the Rohinga in
some measure took place in the territor of angladesh. The U.. government should
work with other UN ecurit Council memers to promote such a referral.
Other accountailit mechanisms include rigorous evidence collection and targeted
sanctions. In ria, the UN General Asseml has created an intensive evidence gathering
mechanism that documents auses to an evidentiar standard that could e used in an
future ICC case. UN pecial Rapporteur for Human Rights in Manmar Yanghee Lee has
proposed that a similar mechanism e created for the situation in Manmar.(17) This is a
step the United tates should support.
Another option for seeking accountailit is through targeted sanctions. To date, the
United tates has sanctioned five individuals and two arm units. Onl one of these
individuals had een sanctioned prior to August 2018. These are significant and welcome
steps ut still come in short of the highest levels of accountailit required. Canada and
the uropean Union have alread sanctioned seven officials. Independent investigations
have identified 26 Manmar officials who should e considered for sanctions.(18) The U..
government should augment the steps it has taken so far with additional targeted
sanctions, including on enior General Min Aung Hlaing, and through pursuit of a gloal
arms emargo and ilateral pressure on countries supporting Manmar’s militar.
Perhaps most importantl, sustained U.. leadership at the highest levels will e needed.
To this end, the Trump administration should appoint a high-level presidential envo on
Manmar (who could e a “dual-hatted” official who is alread serving in government), to
work with like-minded governments to lead international efforts to end auses, provide
assistance to refugees, and promote conditions that will permit the eventual safe and
voluntar return of Rohinga to Manmar.
Conclusion
An sustainale solution to the Rohinga crisis will require addressing the root causes of
the crisis, including recognition of Rohinga citizenship in Manmar and of the asic rights
of the Rohinga people. These are steps that must e taken the authorities in Manmar.
The culture of impunit enjoed the Manmar militar must also e addressed, if not
domesticall, then through international pressure. As long as refugees remain in
angladesh, the scale of the humanitarian crisis faced displaced Rohinga requires that
the government of angladesh remove arriers, that UN agencies improve coordination of
their response, and that international donors provide sufficient support for humanitarian
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efforts. Finall, the United tates and other UN memer states have a variet of options for
5 Key Priorities to Address the Rohingya Crisis — Refugees International
pressuring Manmar—from targeted sanctions to referral to the ICC. On this grim
anniversar, there is still much that the world can and must do to address the plight of the
Rohinga.
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IU-RIF-AUGUT-2018.PDF)
Recommendations
To UN Agencies, Memer tates, and Donors:
Demand access for the UN Fact-Finding Mission and an UN-mandated follow up
mechanism as well as for the UN pecial Rapporteur for Human Rights in Manmar
and independent media, human rights groups, and humanitarian organizations.
Impose additional targeted sanctions on the Manmar securit officers responsile
for gross human rights auses including enior General Min Aung Hlaing.
Pursue measures to pressure the government of Manmar to address impunit and
discrimination including through a gloal arms emargo, ilateral pressure on
countries supporting Manmar’s militar, and referral to the International Criminal
Court.
Full fund the efforts laid out in the 2018 Joint Response Plan for the Rohinga
humanitarian crisis, including lifesaving aid for Rohinga refugees and the local host
communit in angladesh.
Urge the government of angladesh to remove ureaucratic arriers hindering the
humanitarian response activities of international NGOs and to refrain from moving
Rohinga refugees to hashan Char Island, a relocation site that would pose
unacceptale risks to their well-eing.
Pursue repatriation of the Rohinga to Manmar as an ultimate goal, ut ensure that
an returns are safe, voluntar, dignified, and sustainale, in accordance with
international standards, as verified the UNHCR.
Urge the UNHCR and UNDP to pulicl release the Memorandum of Understanding
on repatriation signed with the Government of Manmar and ensure that Rohinga
refugees, oth in terms of input and information sharing, are included in the process.
To the U.. Government:
Pulicl release the findings of the U. tate Department investigation and use it to
promote further accountailit efforts including estalishment of a UN-mandated
evidence gathering mechanism and referral to the International Criminal Court.
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Appoint a high-level presidential envo on Manmar (who could e a “dual-hatted”
5 Key Priorities to Address the Rohingya Crisis — Refugees International
official who is alread serving in government), who would seek to work with like-
minded governments to lead international efforts to end auses, provide assistance
to refugees, and promote conditions that will permit the eventual safe and voluntar
return of Rohinga to Manmar.
Endnotes
1) Former ecretar of tate Rex W. Tillerson, Press tatement, “fforts to Address urma’s Rakhine tate
Crisis,” U.. Department of tate, Novemer 22, 2017,
https://www.state.gov/secretar/20172018tillerson/remarks/2017/11/275848.htm
(https://www.state.gov/secretar/20172018tillerson/remarks/2017/11/275848.htm).
2) Refugees International, “earing Witness to Crimes Against Humanit,” Octoer 2017,
https://www.refugeesinternational.org/reports/2017/10/angladesh
(https://www.refugeesinternational.org/reports/2017/10/angladesh); Daniel ullivan testimon efore the
House Foreign Affairs’ Asia and the Pacific ucommittee Hearing, “urma’s rutal Campaign Against the
Rohinga,” eptemer 27, 2017, https://foreignaffairs.house.gov/hearing/sucommittee-hearing-urmas-
rutal-campaign-rohinga/ (https://foreignaffairs.house.gov/hearing/sucommittee-hearing-urmas-rutal-
campaign-rohinga/).
3) United Nations Office of the High Commissioner for Human Rights (OHCHR), Human Rights Council, “Fact-
finding Mission on Manmar: Concrete and overwhelming information points to international crimes,” March
12, 2018, https://www.ohchr.org/N/HRodies/HRC/Pages/NewsDetail.aspx?NewsID=22794&LangID=
(https://www.ohchr.org/N/HRodies/HRC/Pages/NewsDetail.aspx?NewsID=22794&LangID=).
4) imon Lewis, Zea iddiqui, Clare aldwin, and Andrew R.C. Marshall, “Tip of the pear: The shock troops
who expelled the Rohinga from Manmar,” Reuters, June 26, 2018,
https://www.reuters.com/investigates/special-report/manmar-rohinga-attalions/
(https://www.reuters.com/investigates/special-report/manmar-rohinga-attalions/).
5) Fortif Rights, News Release, “Manmar: International Accountailit Needed for Militar-Planned
Genocide Against Rohinga,” Jul 19, 2018, http://www.fortifrights.org/pulication-20180719.html
(http://www.fortifrights.org/pulication-20180719.html); Amnest International, “Manmar: ‘We Will Destro
verthing’: Militar Responsiilit for Crimes Against Humanit in Rakhine tate,” June 27, 2018,
https://www.amnest.org/en/documents/asa16/8630/2018/en/
(https://www.amnest.org/en/documents/asa16/8630/2018/en/).
6) Médecins ans Fronitères (MF), Press Release, “MF surves estimate that at least 6,700 Rohinga were
killed during the attacks in Manmar,” Decemer 12, 2017, https://www.msf.org/manmarangladesh-msf-
surves-estimate-least-6700-rohinga-were-killed-during-attacks-manmar
(https://www.msf.org/manmarangladesh-msf-surves-estimate-least-6700-rohinga-were-killed-during-
attacks-manmar).
7) OHCHR, Human Rights Council, tatement Ms. Yanghee Lee, pecial Rapporteur on the situation of
human rights in Manmar at the 37th session of the Human Rights Council, March 12, 2018,
https://www.ohchr.org/N/Newsvents/Pages/DisplaNews.aspx?NewsID=22806&LangID=
(https://www.ohchr.org/N/Newsvents/Pages/DisplaNews.aspx?NewsID=22806&LangID=).
https://www.refugeesinternational.org/reports/2018/8/22/5-key-priorities-to-address-the-rohingya-crisis 8/10
1/20/2019 8) OHCHR, Human Rights odies, pecial Procedures, Countr Mandates, pecial Rapporteur on the
5 Key Priorities to Address the Rohingya Crisis — Refugees International
situation of human rights in Manmar, Yanghee Lee,
https://www.ohchr.org/en/hrodies/sp/countriesmandates/mm/pages/srmanmar.aspx
(https://www.ohchr.org/en/hrodies/sp/countriesmandates/mm/pages/srmanmar.aspx)
9) Amnest International, “Manmar: Militar land gra as securit forces uild ases on torched Rohinga
villages,” March 12, 2018, https://www.amnest.org/en/latest/news/2018/03/manmar-militar-land-gra-as-
securit-forces-uild-ases-on-torched-rohinga-villages/
(https://www.amnest.org/en/latest/news/2018/03/manmar-militar-land-gra-as-securit-forces-uild-ases-
on-torched-rohinga-villages/).
10) U.. Agenc for International Development (UAID), Administrator Mark Green’s Remarks at the
Ministerial to Advance Religious Freedom, Jul 26, 2018 https://www.usaid.gov/news-information/press-
releases/jul-26-2018-usaid-administrator-mark-green-remarks-ministerial-advance-religious-freedom
(https://www.usaid.gov/news-information/press-releases/jul-26-2018-usaid-administrator-mark-green-
remarks-ministerial-advance-religious-freedom).
11) Daniel ullivan, “Aid Restrictions ndangering Rohinga Ahead of Monsoons in angladesh,” Refugees
International, Ma 23, 2018, https://www.refugeesinternational.org/reports/rohingalivesatrisk
(https://www.refugeesinternational.org/reports/rohingalivesatrisk).
12) Francisca Vigaud-Walsh, “till at Risk: Restrictions ndanger Rohinga Women and Girls in angladesh,”
Refugees International, Jul 25, 2018, https://www.refugeesinternational.org/reports/2018/7/24/still-at-risk-
restrictions-endanger-rohinga-women-and-girls-in-angladesh
(https://www.refugeesinternational.org/reports/2018/7/24/still-at-risk-restrictions-endanger-rohinga-women-
and-girls-in-angladesh).
13) United Nations Refugee Agenc (UNHCR) and International Organization for Migration (IOM), trategic
xecutive Group, “Joint Response Plan (JRP) for Rohinga Humanitarian Crisis,” March-Decemer 2018,
http://reporting.unhcr.org/sites/default/files/JRP%20for%20Rohinga%20Humanitarian%20Crisis%20-
%20March%202018.PDF
(http://reporting.unhcr.org/sites/default/files/JRP%20for%20Rohinga%20Humanitarian%20Crisis%20-
%20March%202018.PDF).
14) Reecca Wright, Katie Hunt, and Joshua erlinger, “Aung an uu Ki reaks silence on Rohinga, sparks
storm of criticism,” CNN, eptemer 19, 2017, https://www.cnn.com/2017/09/18/asia/aung-san-suu-ki-speech-
rohinga/index.html (https://www.cnn.com/2017/09/18/asia/aung-san-suu-ki-speech-rohinga/index.html).
15) The Dail tar, “Rohinga Crisis: Ke memer quits Manmar advisor panel,” Jul 22, 2018,
https://www.thedailstar.net/ackpage/rohinga-crisis-ke-memer-quits-manmar-advisor-panel-1609198
(https://www.thedailstar.net/ackpage/rohinga-crisis-ke-memer-quits-manmar-advisor-panel-1609198).
16) Richard Weir, “Don’t xpect Much from Latest Manmar Commission,” Human Rights Watch,” August 17,
2018, https://www.hrw.org/news/2018/08/17/dont-expect-much-latest-manmar-commission
(https://www.hrw.org/news/2018/08/17/dont-expect-much-latest-manmar-commission).
17) OHCHR, Concept Note, “Accountailit mechanism for Manmar,” 2018,
https://www.ohchr.org/Documents/Countries/MM/ConceptNoteAccountailitFramework.pdf
(https://www.ohchr.org/Documents/Countries/MM/ConceptNoteAccountailitFramework.pdf).
https://www.refugeesinternational.org/reports/2018/8/22/5-key-priorities-to-address-the-rohingya-crisis 9/10
1/20/2019 18) Fortif Rights, “Manmar: International Accountailit Needed,” and Amnest International, “’We Will
5 Key Priorities to Address the Rohingya Crisis — Refugees International
Destro verthing’” (see footnote 5).
Tagged: Daniel ullivan (/reports/?tag=Daniel+ullivan), Rohinga
(/reports/?tag=Rohinga), Manmar (/reports/?tag=Manmar),
angladesh (/reports/?tag=angladesh)
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