18TH SESSION OF THE ASSEMBLY OF STATES PARTIES TO THE ROME STATUTE
Day 4 (5 December 2019)
Name of the Event: Accountability for International Crimes Committed Against Ethnic Minorities in Myanmar: Discussing Complementary Avenues for Justice (Side Event co-hosted by Canada, Liechtenstein, the European Center for Constitutional and Human Rights, The Global Justice Center, The Global Centre for the Responsibility to Protect, the Women's Initiatives for Gender Justice)
Overview by: Erez Roman, Junior Research Associate PILPG-NL
Main Highlights:
Several panelists mentioned the scope of suffering in Myanmar and that along with the Rohingya minority group, other minority groups have suffered harm.
Most panelists applauded the case brought before the International Court of Justice by the Gambia but they reminded participants that more has to be done nationally and internationally.
Summary of the Event:
The event began with the moderator, H.E. Mr. Christian Wenaweser, Permanent Representative of the Principality of Liechtenstein, introducing the panelists.
The first panelist, Dr. Priya Pillai, international lawyer & consultant; head of the Secretariat of the Asia Justice Coalition, spoke about the legal aspect of the situation at hand and focused on the case between the Gambia and Myanmar before the International Court of Justice (ICJ) and the legality of the procedures before it regarding the Rohingya crisis. Dr. Pillai praised the Gambia for bringing the case before the ICJ but questioned reasons for which other states did not do so.
The second panelist was Tun Khin, Founder & President of the Burmese Rohingya Organization UK. Mr. Khin spoke briefly about his experience as being Rohingya and shared some of his stories. Regardless of the tragedies that the Rohingya minority suffered, Mr. Khin stated that the group is not looking for revenge but for justice to be served. Moreover, Mr. Khin was optimistic and said that the case brought before the ICJ suggests that the wheels of justice are moving. He expressed hope that the case will create pressure to stop the perpetrators of horrific acts.
The third panelist was Andreas Schüller, Program Director International Crimes and Accountability of the European Center for Constitutional and Human Rights (ECCHR). Mr. Schüller spoke about the role of law in Myanmar and mentioned that substantial amount of progress has been made in the last 15-20 years. Nevertheless, he reiterated the importance not only of justice being rendered but also its appearance and translation to the national people in Myanmar.
The fourth panelist was Shireen Huq, Founder of Nariphokko, who reiterated the important role played by ethnic differences in the current crisis regarding not only the Rohingya minority but other minorities as well. Furthermore, she tied this issue with the lack of inclusion of ethnic differences in certain agreements which followed the unrest that was taking place in the country. Nevertheless, Ms. Huq stated that although certain improvements are visible, they are not sufficient and further actions need to be taken. Ms. Huq concluded her speech by calling for pressure to be placed on the UN Security Council to take official actions to halt the horrific scenes.
The fifth panelist was Razia Sultana, Rohingya Lawyer and Founder of the Rohingya Women Welfare Society. Ms. Sultana spoke about the sexual violence committed by the armed forces mainly against the Rohingya group but also different minorities and emphasized the wide scope of the crimes committed. Ms. Sultana also mentioned the recent democratic transition in Myanmar and voiced her opinion that many changes still need to be made.
The last speaker was Akila Radhakrishnan, President of the Global Justice Center. Ms. Radhakrishnan spoke about the work of Global Justice Center. She mentioned research she undertook which included conversing with different groups of people including border guards responsible for the border between Myanmar and Bangladesh. After mentioning her research, Ms. Radhakrishnan praised Bangladesh and the international community for their actions, however she also stated that these are not sufficient to end all the suffering in Myanmar.
Following the speeches given by the respected panelists, the moderator gave the floor to the audience to ask questions. One of the questions regarded the role of the UN Security Council and why more attention is not placed on investigating the Rohingya crisis though the UN Security Council. Furthermore, a question regarded the possibility of creating a state for the Rohingya. The panelists answered these two questions by stating that due to political reasons, approaching the situation at hand through the UN Security Council would be difficult to almost impossible. As for the second part, the panelists suggested that at the moment, it is more important to end the suffering.