SRI Background Alert: Arakan (Northern Rakhine State), Burma

June 21, 2003
 

Introduction¹

Survivors' Rights International (SRI) is gravely concerned about the gross human rights violations to which the people of the state of Arakan (Northern Rakhine State), have been continually subjected to by the Burmese military junta. SRI further condemns the increasing levels of oppression unleashed on the Arakanese in the last months, a matter that has been raised in a series of reports issued by the United Nations, US State Department, International Labor Organization (ILO), Human Rights Watch and Burma Center Netherlands. Today, the Burmese government is being heavily criticized for its systematic practices of forced labor, human rights violations, restrictions on the freedom of movement, destruction of mosques, enforced displacement, land seizures and restrictions on education especially on the Rohingya Muslims in the Northern Rakhine State. In addition, the Arakanese population has accused the government of ill-treatment, deliberate killings, and arrests on religious and political grounds. Furthermore, according to the World Report 2003 issued by Human Rights Watch, this systematic oppression has been heightened 'in the wake of international press reports alleging ties between Al-Qaeda and the Burmese government' under the guise of which the government had launched a broad crackdown on Rohingya Muslims, who constitute approximately 2 million of the populace in the state of Arakan.

In addition, human rights violations, indiscriminate killings, kidnappings, rape and intimidation are also used by the military junta against Buddhist Rakhines who have opposed the Burmese government, criticized it, or joined political parties such as the National League for Democracy (NLD) to voice their dissent. As a consequence of these systematic forms of oppression, thousands of Rakhines (both Buddhists as well as Rohingya Muslims have crossed the border to enter Bangladesh. Others have moved to India, Cambodia and Thailand). [For a more detailed report on the Rohingya refugees, please refer to SRI's action alert on UNHCR and the Rohingyas of Bangladesh].

The scenario since 2001

Since 2001, the systematic oppression of the Rohingyas in Burma has escalated with a tightening of the restrictions placed upon them by the Burmese military. Today, these restrictions have included limitations on the number of Muslims allowed to travel to Mecca for the Hajj (pilgrimage) and there are also widespread claims that Muslims continue to have difficulties getting passports to travel abroad and to build mosques. According to the 2002 Human Rights Watch report, 'Crackdown on Burmese Muslims' human rights violations, including forced labor, restrictions on the freedom of movement, and the destruction of mosques, have become commonplace in the state of Arakan.

The discriminatory policies leveled at the Rohingyas in Arakan also include measures adopted by the government against those who are returning to their homeland due to policies adopted by the UNHCR and prior bilateral talks between the Burmese government and the government of Bangladesh for the safe passage of refugees. These returnees claim that they faced government restrictions on their ability to travel and to engage in economic activity. In addition, members of the Rohingya minority continue to experience severe economic, social and legal discrimination. Because the regime reserved secondary state schools for citizens, Rohingya Muslims do not have access to state run schools beyond primary education and are ineligible for most civil service positions.

The practices of the Burmese government against the people of Arakan, especially those directed against the Rohingyas, are serious violations of international humanitarian law. More specifically, the crimes being committed against the Arakans could rise to the level of violating Article 6 of the Rome Statute of the International Criminal Court and Article II of the Genocide Convention of 1948 if not resolved and government violence and/or extreme oppressive policies continue to escalate. Article 6 of the Rome Statute and Article II of the Genocide Convention define genocide as any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. As such, some of the policies of the Burmese government may be considered acts of genocide through actions such as:

1. Killing members of the group;
   
2. Causing serious bodily or mental harm to members of the group;
   
3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
   
4. Imposing measures intended to prevent births within the group;
   

The Burmese government is also in violation of Article 7 (i) (Crimes Against Humanity) of the Rome Statute which includes any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

1. Murder;
   
2. Enslavement;
   
3. Deportation or forcible transfer of population;
   
4. Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
   
5. Torture;
   
6. Rape, sexual slavery, or any other form of sexual violence of comparable gravity;
   
7. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
   
8. Enforce disappearance of persons;
   
9. The crime of apartheid
   

As pointed out by the ILO, the practice of forced labor by the Burmese government is also in direct violation of international labor laws.

Forced labor

Local and international organizations have voiced concern about the significant and continued use of forced labor by the Burmese military and the NaSaKa (Burmese border police). Over the years the ILO has been putting pressure on the Burmese government to address the issue of forced labor and it is alleged that the practice has decreased in Arakan, at least in the main towns of Maungdaw and Buthidaung. However, there is also the understanding the decrease has been more due to the completion of major infrastructural projects, rather than any measures adopted by the government to halt this practice. Meanwhile, the enforcement of forced labor by the Burmese authorities and NaSaKa in more remote areas of Arakan State has remained unchanged. This practice is most predominant close to the many army camps that are present all around Arakan, especially near the borders. Villagers from all over the state have to go for 'voluntary service' to work in these camps and perform a range of activities such as cutting firewood, collecting bamboo, constructing army barracks, roads and bridges, working in the confiscated lands and shrimp farms and fruit orchards. In addition, as porters, they are forced to look after livestock, dig bunkers, clean latrines, wash soldiers' uniforms, and in some cases, serve troops in active combat against minority armed insurgency groups. These porters are often subject to ill-treatment, physical brutality and in many instances, denied access to food and water. There seems to be a genuine fear that the military will use forced labor for the building of a new gas pipeline in Arakan, which is a joint project of oil companies from Burma, India and Bangladesh.

No freedom of movement

The junta's control on the restriction of movement has also intensified. According to a report issued by the Burma Center Holland, the restriction on movement is now even worse then under the former Burmese dictator, Ne Win. The report also illustrates statements made by Rohingya representatives that although two years ago Rohingyas were allowed to travel to for example Sittwe (Akyab, the capital of Arakan), this is no longer the case. Rohingyas are normally only allowed to travel 4 kilometers from their homes. Permits from authorities, even to travel to a nearby village are often denied. Traveling for longer distances, for example to Sittwe or Rangoon is practically impossible.

Today, the Northern Rakhine State has become a prison for the Arakanese, especially for the Rohingyas. Restrictions on movement have ultimately resulted in a huge financial crisis since traveling for business purposes has also become an impossibility. Only those who are financially better off can afford to hire Buddhist Rakhines to conduct businesses for them outside the region where they are forced to remain. The lack of freedom of movement also causes serious limitations for Rohingyas to pursue higher education.

No freedom of marriage

The State Law and Order Restoration Council (SLORC) has also introduced a system that aims to control marriages within the Rohingya population. Rohingya couples who wish to marry have to request permission at many different levels (township administration, village, sector commander, military commander). Second, in the nine sectors of the NaSaKa, it seems that in every sector the rules are different and dependent on the individual NaSaKa commander. In every sector, not more than one or two couples get permission to marry each month. In reality, it takes a long time before permission for marriage is granted.

Arbitrary taxes and confiscation of property

In recent years, the military's control on the local economy has increased. People have to pay more bribes, such as bags of rice at military checkpoints. Even when crossing rivers, people have to pay the military. Furthermore, Rohingyas have to pay arbitrary taxes on all sustainable goods. They have to pay fees in the events of births and deaths in the family. The military also regularly confiscates land, belongings and houses of the Rohingyas. These matters are seen as the root causes for the suffering of Rohingyas by starvation.

Denial of citizenship

Rohingyas are not considered full citizens of Burma and hence are issued white ID cards instead of the red ones which are given to other ethnic groups. In reality this creates serious difficulties for them, because the military harasses Burmese without red ID cards. The white ID card is widely regarded as one more manifestation of a large-scale discriminatory policy against the Rohingyas.

Human rights violations

There are still serious concerns about beatings, rape and even killings in Arakan by the authorities. This, as has been mentioned earlier, is not only limited to the indiscriminate killings, torture and rape of Rohingya Muslims, but is also used by the military against Rakhine Buddhists who are opposed to the current regime.

Undermining of religion

In the past few years, a number of mosques were destroyed by the Burmese military. Renovation of these mosques by the local people is nearly always strictly forbidden. People risk arrest if they attempt to rebuild places of worship.

SRI's Recommendations

The situation in the state of Arakan, and especially that of the Rohingya Muslims urge serious attention from the international community. In light of the grave human rights violations that the Burmese government is accused of committing against an ethnic group, it is pertinent that consistent pressure be applied on the government of Burma to make it answerable to its policies against minority groups within Burma, and Rohingyas in particular. More specifically, SRI recommends that:

• Serious consideration is paid to supporting a reconciliation process in Arakan between hostile military forces and armed groups belonging to the Rakhine Buddhist groups and their Rohingya counterparts;
  
• The Burmese democratic opposition and ethnic umbrella organizations should actively support a reconciliation process in Arakan. They need to recognize relevant Rohingya organizations and the level of formal contacts with these organizations should be increased;
  
• The Burmese democratic opposition should also play an active role in moderating dialogue between all relevant Arakanese groups;
  
• The international community should demand accountability for the indiscriminate killings, torture and persecution of the citizens of Arakan;
  
• SRI also calls upon the Burmese government to cease its systematic oppression on the people of Arakan and the Rohingya Muslims in particular. More specifically, SRI demands that the Burmese government lift its system of unfair taxation, halt seizure of land, remove restrictions on the movement of the Rohingyas, end the practice of forced labor and allow both Rohingyas and Rakhine the freedom of association and expression of political and religious ideologies.
  

For more information, please refer to:

1. Individual documents; Reports of forced labor in Arakan (Rakhine) State; Burma Online Library;
   
2. Human Rights Watch Report, 2003.
   
3. Conditions in Burma and U.S. Policy Toward Burma for the Period September 28, 2002 — March 27, 2003;
   
4. Human Rights Violations Against Muslims in the Arakan state; Amnesty International; May 1992
   

SRI wishes to express special thanks to Burma Center Netherlands for its 2003 report on Burma and the Rohingya refugees.

Footnote:
¹The international community continues to be highly concerned about the curtailment of political and civil rights of the Burmese people by the military government. The recent crackdown on Aung Sun Su Kyi and the largest democratic party, the National League for Democracy (NLD) is an alarming indication that the recognition of the rights and aspirations of the people of Burma has been further marginalized. Human rights organizations are in particular concerned about the human rights violations that are being perpetrated throughout the country and in particular, in the largely Muslim state of Arakan that has experienced large-scale persecution of civic, economic and political rights of the Rohingya Muslim population by the military junta. Survivors' Rights International, a Washington-based NGO working on war crimes, crimes against humanity and genocide, is particularly concerned about the Rohingya population who has been brutalized through systematic practices of forced labor, denial of rights to property, education and travel. The organization is further concerned about the conditions of the Rohingya refugee camps in the south east of Bangladesh, which were set up in 1992 to house the thousands who fled across the Burmese border into Bangladesh to seek safety. The recent repatriation program being implemented by the United Nations High Commission for Refugees (UNHCR) with coordination with the government of Bangladesh has raised concerns among international organizations about the procedures involved in the repatriation process and the urgency with which they are being conducted. To investigate the recent developments with regard to UNHCR's new policy toward the Rohingyas from Arakan, a representative from SRI traveled to Bangladesh in the month of June and interviewed all officials and refugees within and outside the camps concerned regarding this new repatriation program and the ongoing hostilities in Arakan, Burma.
 
SRI met with UNHCR officials, officials from the Ministry of Relief and Disaster Management, journalists, academics, international organizations such as Medicins Sans Frontier (MSF) and Concern International which has been working with the Rohingyas for over ten years as well as with local people in the Teknaf region and the refugees themselves. Access to international organizations was not difficult to obtain and neither was it extremely challenging to talk to civil society about the Rohingyas, the situation in the state of Arakan and the current UNHCR policy. However, it was evident that UNHCR was hesitant to discuss its current proposal and the allegations of abuse against the Rohingyas by camp officials with a representative of an international organization; and given the recent criticisms leveled by Refugees International and Burma Center Holland against UNHCR.

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