Asia

    Nepal: "I have been naming the people responsible for my father’s disappearance"
    19.10.17
    Ram Kumar Bhandari

    The conflicting parties’ alliance (Nepali Congress and Maoist Centre) to share power in the government has destroyed the norms of justice and the agenda set by the Peoples’ Movement. They abused their authority without addressing conflict survivors’ key demands for truth and social justice. When the top level leaders from both sides of the conflict built an alliance with security forces to forget about past abuses, compromising standards for their mutual benefit and position, the hope for fair trials and justice has become a distance one for ordinary citizens. Instead of creating hope...

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    Myanmar: Karen rebels urge nonviolent solution to Rakhine crisis on ceasefire anniversary
    18.10.17
    Sean Gleeson, Frontier

    One of Myanmar’s leading non-state armed groups has urged the government to find a “politically dignified and nonviolent” resolution to the humanitarian crisis in Rakhine State, warning that failure to do so could jeopardise the government’s peace process. On Sunday, the second anniversary of the Nationwide Ceasefire Agreement, the Karen National Union released a statement reaffirming its commitment to ending Myanmar’s decades-long history of civil conflict through political dialogue. However, it went on to criticise the northern Rakhine security crackdown that began in August, noting the...

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    Courts in Myanmar ‘unequipped’ to administer justice, says report
    10.10.17
    Sean Gleeson, Frontier

    A new report has delivered a damning indictment of Myanmar’s judicial system, detailing judges sleeping through during testimony, defendants coerced into pleading guilty and most cases going to trial before legal counsel was organised for the accused. The report, published this month by the London-based legal support group Justice Base, was the culmination of more than 150 trial observations across four years in Yangon Region’s township and district courtrooms. Local legal professionals, employed by Justice Base as observers for the "Monitoring in Myanmar" report, documented rampant...

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    Outrage at Suu Kyi over Rohingya crisis is “exaggerated”, says expert
    01.10.17
    Frédéric Burnand, correspondent in Geneva

    The crisis that has been taking place in Myanmar since August – an attack by Muslim rebels, bloody clampdown by the army and flight to Bangladesh of hundreds of thousands of Muslim Rohingya people – has provoked outrage across the world and denial from Nobel peace laureate Aung San Suu Syi, who is the country’s de facto leader. But Matthias Huber, a Swiss expert on Myanmar, says the world is being too hard on Suu Kyi. The United Nations announced on Wednesday it was preparing a humanitarian aid plan in case all the Rohingyas of Myanmar (also known as Burma) flee to Bangladesh to escape the...

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    NGOs denounce 'crimes against humanity' in Myanmar
    29.09.17
    AFP

    Nearly 90 non-governmental organizations have denounced "crimes against humanity" committed by authorities in Myanmar against the Muslim Rohingya minority and called on the international community to take action. Half a million Rohingya have crushed into camps in Bangladesh in just over a month, fleeing a military campaign in Myanmar and communal violence. "As more evidence emerges, it is clear that the atrocities committed by Myanmar state security forces amount to crimes against humanity," a joint statement from the groups said. The 88 NGOs, which included Amnesty International and...

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    In Nepal Transitional justice in crisis
    27.09.17
    Ram Kumar Bhandari

    How can Truth Commissions function properly in a place like Nepal where alleged perpetrators set the agenda and control the commissioners in a situation of continuing insecurity where both victims and witnesses cannot speak out openly? The situation now, 11 years since the Comprehensive Peace Agreement (CPA), is more complex and dangerous than the end of conflict in 2006. Security forces (both Nepal Army and Nepal Police) are becoming more powerful, and have almost destroyed evidence about past violations held in government offices. They intervene in every process, including blocking...

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    Week in Review: When failure to tackle impunity hinders peace
    24.09.17
    François Sergent, JusticeInfo.Net

    The exodus and massacre of Rohingyas, a mainly Muslim ethnic minority in Myanmar, marked the week in transitional justice. French President Emmanuel Macron said this was “genocide”, while the UN Secretary General called it ethnic cleansing. But according to Myanmar’s de facto leader, Nobel peace laureate Aung San Suu Kyi, this is a “huge iceberg of misinformation”. Everything indicates, however, that some 400,000 Rohingyas, i.e. nearly half of this community living in Myanmar’s western state of Rakhine or Arakan, have fled their country pursued by the army, and that hundreds have been shot...

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    Women’s Victimization in Transitional Justice and their Fight : The Story of Taiwan
    25.09.17
    Yi-Li Lee

    Women, even though they were main victims of Taiwan’s authoritarian regime, have been largely absent from the transitional justice mechanisms after Taiwan successfully transformed into a democracy. Following the discussion of women’s victimization in times of political oppression and the negative impacts of women’s absence in Taiwan’s current transitional justice process, this essay argues that the recent incorporation of the Convention on the Elimination of All Forms of Discrimination against Women provides a gender-sensitive legal framework for female victims to overcome the social and...

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    Are Myanmar's Rohingya facing genocide or ethnic cleansing?
    21.09.17
    AFP

    Muslim Rohingya fleeing their homes in Myanmar are facing "ethnic cleansing" but whether they are victims of genocide remains unclear, international justice experts told AFP. About 422,000 refugees from the stateless Muslim minority have fled Myanmar's westernmost Rakhine state to Bangladesh since August 25, alleging torture and rape by Myanmar troops and Buddhist militias. Their plight has sparked UN accusations of military-led ethnic cleansing, but French President Emmanuel Macron has said the attacks amount to genocide. - What is the difference between genocide and ethnic cleansing? - "These are closely related terms and indeed, sometimes the means by which genocide is committed...

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    Myanmar: Satellite Imagery Shows Mass Destruction
    22.09.17
    HRW

    (New York) – New analysis of satellite imagery from Burma’s Rakhine State shows the near total destruction of 214 villages, Human Rights Watch said today. World leaders meeting at the United Nations should urgently adopt a General Assembly resolution condemning the Burmese military’s ethnic cleansing, while the UN Security Council should impose targeted sanctions and an arms embargo. The detailed satellite images, made possible due to a clearing of monsoon cloud on September 16, 2017, reveal destruction from burning much greater than previously known. They show the destruction of tens...

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    The persecution of Myanmar’s Rohingya goes back to independence
    21.09.17
    Engy Abdelkader, JD, LL.M.

    Some 420,000 Rohingya Muslims, a religious and ethnic minority community in Myanmar, have fled to neighboring Bangladesh since August this year. The United Nations has called the Rohingya the world’s most persecuted minority group and described the atrocities by Myanmar’s authorities as “ethnic cleansing,” whereby one group removes another ethnic or religious community through violence.But the persecution of the Rohingya is not new. My research on the Rohingya Muslim experience in Myanmar shows that this pattern of persecution goes back to 1948 – the year when the country achieved...

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    The Rakhine crisis in Myanmar and the government’s options
    19.09.17
    Sithu Aung Myint, Frontier

    The Myanmar government’s policy options for troubled Rakhine state are a choice between an army strategy focused on the 1982 Citizenship Law or implementing recommendations in the final report by the Annan commission. The coordinated attacks by extremists on 30 police posts and a Tatmadaw (army) camp in northern Rakhine in the early hours of August 25 came as no surprise to many political observers and conflict analysts. The attacks, which initially claimed the lives of 10 policemen, a soldier and two government officials, and also left dozens of extremists dead, followed a disturbing rise...

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    Week in Review: How words count in transitional justice
    18.09.17
    François Sergent, JusticeInfo.net

    Transitional justice is also a question of words, like genocide or ethnic cleansing, resonant with bloody memories of Rwanda or the Balkans. Short of words to describe the massacre of Rohingya Muslims by Myanmar’s army, UN Secretary General Antonio Guterres nevertheless recognized this week that it amounted to “ethnic cleansing”. "When one-third of the Rohingya population has got to flee the country, can you find a better word to describe it?" Guterres answered when questioned on his choice of words. But for the country’s de facto leader, Nobel peace laureate Aung San Suu Kyi, this is a...

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    UN council calls for 'immediate steps' to end ethnic cleansing against Rohingyas in Myanmar
    13.09.17
    AFP

    The UN Security Council on Wednesday broke its weeks-long silence on the crisis in Myanmar and called for an end to the violence as UN chief Antonio Guterres said the military campaign amounted to ethnic cleansing of Rohingya Muslims. Following a closed-door meeting, the 15-member council including China, a supporter of Myanmar's former ruling junta, expressed concern about excessive force during security operations in Rakhine state and called for "immediate steps" to end the violence. It was the first time the council agreed on a united response to the crisis sparked by a military...

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    In Myanmar, former child soldier punished for speaking out
    13.09.17
    Hein Ko So, Frontier

    In Myanmar, the recent arrest of a man who gave an interview about his past as a child soldier has brought the issue to a wider audience ­but also raised fears about the military’s commitment to ending underage recruitment. Ko Aung Ko Htwe’s taste of freedom was brief. Barely a month after completing a 10-year prison sentence, he was re-arrested on August 18 and remanded the following day in Insein Prison. His alleged crime was speaking about his experience as a child soldier to the media. The interview prompted an officer from Yangon Region Command to file a complaint directly to Dagon...

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    ‘That guy should be killed’: Escaping a mob in Maungdaw, Myanmar
    12.09.17
    Mratt Kyaw Thu, Frontier

    Hostility greeted three journalists who made a clandestine trip to Maungdaw, in Myanmar's troubled Rakhine state, late last month after the security operation had began against those behind the August 25 attacks. When 10 journalists with domestic and international media organisations, including Frontier, arrived at Buthidaung jetty by river ferry from Sittwe on August 28 in the hope of travelling to Maungdaw, special branch police were everywhere. We’d taken the ferry with Border Guard Police escorting a consignment of yellow packages wrapped tightly with yellow tape. No one we asked knew...

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    Agony of Afghanistan’s Enforced Disappearances, according to HRW
    30.08.17
    Patricia Gossman

    As the world marks International Day of the Disappeared on August 30, learning the fate of the tens of thousands of Afghans who have been victims of enforced disappearance over the past four decades seems ever more remote. For their family members, that failure is like a wound that has never healed. Four years ago, Mohammad Rahim’s family finally held funeral services for him – 34 years after Afghanistan’s secret police took him away, never to be seen again.   The ceremony took place after Rahim’s name finally appeared on a “death list” of people detained and ordered executed in...

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    18,500 Rohingya cross into Bangladesh since fresh Myanmar fighting: IOM
    30.08.17
    AFP

    At least 18,500 Rohingya have fled into Bangladesh in the last six days since renewed fighting broke out between militants and the army in neighbouring Myanmar, the International Organization for Migration said Wednesday. "As of last night, 18,500 people have come across," from Myanmar's Rakhine State, Chris Lom, the IOM's Asia-Pacific spokesman, told AFP. Lom said exact figures were difficult to obtain because many of those who have made it into Bangladesh might not register with local authorities. Bangladesh, which already hosts some 400,000 Rohingya who have fled Myanmar over the years, has vowed to block new arrivals and has deported some of those it has caught trying to make...

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    Pre-Meditated Madness, the International Criminal Court, and Preliminary Examinations
    29.08.17
    Mark Kersten

    Attention among observers and scholars of international criminal justice has increasingly focused on what happens before the International Criminal Court (ICC) intervenes in a situation and issues arrest warrants for perpetrators of international crimes. Prior to the ICC opening an official investigation, the Office of the Prosecutor must conduct a so-called “preliminary examination” to determine whether a full-out intervention is justified. Despite growing scrutiny, the practices encompassed within the preliminary examination stage of ICC interventions remain under-examined and...

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    Disappeared in Nepal : The survivors'unanswered questions
    29.08.17
    Ram Kumar Bhandari

    Every year, as part of the global movement against enforced disappearances, we commemorate the International Day Against Enforced Disappearance. On this day, we, raise up the voices of families affected by enforced disappearance, express solidarity with the struggle for justice worldwide, and remember our beloved family members who were forcibly taken away from their communities and never seen again.  From 1996-2006, Nepal endured a civil war in which hundreds of citizens were forcibly disappeared by state forces and the Maoist rebels. It is a human tragedy to live in a state of...

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