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Report of the Prime Minister’s Special Envoy, the Honourable Bob Rae
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Cover photo: © Suvra Kanti Das / Alamy Stock Photo
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FR5-141/2018E-PDF
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Printed in Canada
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TABLE OF CONTENTS
Introduction p.7
Report p.13
Conclusion p.35
Recommendations p.36
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EXECUTIVE SUMMARY
As Prime Minister Trudeau’s Special supplies and little access to international
Envoy to Myanmar, I engaged in humanitarian assistance. This demands
extensive research, travel and meetings a response from the international
with key interlocutors from October community, and Canada needs to play a
2017 to March 2018 to assess the violent strong role. Canada needs to increase its
events of August 2017 and afterward that budget dedicated to the crisis, as well as
led more than 671,000 Rohingya to flee to encourage deeper coordination with
their homes in Rakhine State, Myanmar, like-minded countries. Canada and other
and seek refuge in neighbouring countries should also explore avenues to
Bangladesh. allow the Rohingya to be eligible to apply
for refugee status and resettlement,
This report focuses on the following including in Canada, but it needs to be
four themes: the need to combine stressed that resettlement alone will not
principle and pragmatism in responding solve the problem.
to the serious humanitarian crisis in
both Myanmar and Bangladesh; the The political situation in Myanmar:
ongoing political challenges in Myanmar; The military remains in firm control of
the strong signals that crimes against key ministries and budgets within the
humanity were committed in the forcible government that is currently in place
and violent displacement of more than in Myanmar. In addition to the crisis in
671,000 Rohingya from Rakhine State in Rakhine State, military conflict is taking
Myanmar; and the clear need for more place in many border areas of the
effective coordination of both domestic country, having a negative impact on the
and international efforts. peace negotiations and constitutional
reform as a result. Despite the 2015
The humanitarian crisis in Bangladesh democratic election of Aung San Suu
and Myanmar: With the arrival of more Kyi, the leader of the National League
than 671,000 additional refugees in for Democracy (NLD), she was not
Bangladesh since August 25, 2017, the permitted by the constitution to become
displaced Rohingya population living in president and instead has the role of
camps in Bangladesh now approaches Minister of Foreign Affairs and State
one million. Camps are overcrowded, Counsellor, an office that was created for
the population is traumatized, and the her and whose responsibilities are not
rainy season will soon be upon them. clearly defined. She remains the main
UN agencies have responded with a interlocutor of Myanmar with the world
Joint Response Plan aiming to gather and has been defensive of the activities
US$950.8 million for the next year. In of the Myanmar military in Rakhine
addition, there could be as many as State. The Government of Myanmar, at
450,000 Rohingya remaining in central least its civilian wing, is now formally
and northern Rakhine State. Their committed to the implementation of the
situation is precarious. Many are in recommendations of the Kofi Annan-
camps for internally displaced persons chaired Advisory Commission on Rakhine
(IDP), and others are essentially locked State, which seek to bring long-term
into their villages, with poor food peace and stability to Rakhine, but how
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these recommendations can in fact steps should be taken to encourage
be implemented is not yet clear. The the International Criminal Court to
government has also said it will allow consider an investigation on the issue
for the return of the Rohingya to their of forcible deportation. In addition,
home villages, but evidence suggests Canada should lead a discussion on
that many of these villages have been the need to establish an international
destroyed, and there is a prevailing impartial and independent mechanism
sentiment within the local ethnic Rakhine (IIIM or “Triple I-M”) for potential crimes
population against the Rohingya’s in Myanmar, such as was established
return. Consequently, United Nations by the UN General Assembly for Syria.
(UN) agencies have stated that they The Government of Canada should be
do not believe conditions are present actively involved in funding these efforts
for the “safe, voluntary, dignified, and and in continuing to apply targeted
sustainable” return of the Rohingya to sanctions against those where credible
their homes in Rakhine State. I agree evidence supports such measures.
with this view. Canada needs to continue
to engage with the Government of Effective coordination and cooperation:
Myanmar, in both its civilian and military The report recommends formalizing
wings, and continue to do so in a the coordinated efforts of the
way that expresses candidly its views Rohingya Working Group within the
about what has happened, and is still federal government to include those
happening, and to insist that all activities departments with a clear interest and
of the Government of Myanmar, including mandate (Global Affairs Canada, Justice
military activities, must be carried out in Canada, Immigration, Refugees and
conformity with international law. Canada Citizenship Canada, the Department
also needs to engage with civil society of National Defence, PCO, PMO) and
throughout Myanmar to support the continuing discussions with other like-
peace process and to insist on the need minded governments about coordinating
for international humanitarian access to international efforts on the three
northern Rakhine. challenges described above.
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NORTHERN TOWNSHIPS OF RAKHINE STATE
(WITH BORDER AREA ARRIVALS AS OF 11 SEPT 2017)
Paletwa
Myanmar
Ponnagyun
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INTRODUCTION
I accepted Prime Minister Trudeau’s my view, should be taken. But I am also
invitation to serve as Canada’s Special aware (having been in both positions)
Envoy to Myanmar on October 23, 2017. that there is a difference between giving
Since that time, I have visited the region advice and having to act on it. I remain
twice—the first time in November 2017 available to work with those who are
and the second in February 2018—and asked to implement this report and its
have been in touch with a large number recommendations and more broadly
of non-governmental organizations to continue to respond to what is an
(NGOs), advocacy groups, UN and intensely difficult situation. My report
other international agencies, and many offers some personal observations about
government officials. I have been ably the challenges of making decisions,
assisted by officials in Global Affairs about the state of the world as we find
Canada and have been accompanied on it, and what the guiding principles of our
many of my travels by Maxime Lauzon- foreign policy should be.
Lacroix, Senior Desk Officer at Global
Affairs Canada. I am extremely grateful to In my interim report released on
him and many others for their guidance December 21, 2017, I focused on three
and advice. I have, of course, discussed key issues. In this latest report, which
the report with many people over the also includes language from the interim
last several months, but this report, its document, my findings can be divided
conclusions and the recommendations into four parts:
are mine. It is a personal reflection, and in
that sense represents a difficult journey. I • the humanitarian crisis in both
have found myself dealing with a deeply Bangladesh and Myanmar as a
intractable and, in many ways, tragic result of the recent exodus of more
situation. It lends itself to moral outrage, than 671,000 Rohingya refugees
anger and frustration. But as I have from Myanmar into neighbouring
learned over many years, these emotions Bangladesh, adding to the hundreds
are not necessarily the best guide to of thousands of refugees already in
action. that country and the 120,000 in IDP
camps and tens of thousands more
I hope that those reading this document, under virtual lockdown in villages in
including officials and politicians central and northern Rakhine State
in Myanmar and Bangladesh, will in Myanmar;
understand that while I have spent much
time reading and discussing the current • the efforts required to ensure
situation facing the Rohingya people, the secure return of refugees
I am by no means an expert. All I can to their homes with full political
offer is my honest assessment of the and social rights, as well as to
situation. To Canadian political leaders ensure the implementation of the
and government officials receiving this recommendations of the Kofi Annan-
report, including the Prime Minister, I led Advisory Commission on Rakhine
have tried to provide some advice and State;
guidance about steps that could and, in
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The Situation of the Rohingya
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Canada’s Prime Minister Trudeau and Special Envoy Rae discussing the Rohingya crisis / Image source: Government of Canada
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The Situation of the Rohingya
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she is either the “de facto leader” let human rights abuses suffered by the
alone the “de jure leader”. In his report, Rohingya. In August 2016, Aung San Suu
Kofi Annan referred to there being “two Kyi established the Advisory Commission
governments” in Myanmar—one military; on Rakhine State with Kofi Annan as
one civilian. That strikes me as right, Chair to make recommendations on
and therefore requires a deeper analysis improving the conditions in Rakhine
of how decisions are made and who is State. However, a series of attacks in
responsible for them. October 2016 by the Arakan Rohingya
Salvation Army (known as ARSA)
Myanmar has faced significant internal triggered a heavy-handed military
conflict since independence. Subnational response, leading to violent fighting, the
conflict in Myanmar has affected many burning of many villages, allegations of
areas of the country: a large number of rape and violence by the army against
mostly ethnic minority non-state armed civilians, and the forced departure of
groups have sought increased autonomy tens of thousands of refugees. The Kofi
from a militarized central government Annan Report was published on August
that sought to impose its will with 24, 2017, the day before another ARSA
considerable force. Many hundreds of attack on police posts and a military base
thousands of people have been killed that has been criticized in UN General
since 1948. In effect, there has been an Assembly resolution (A/C.3/72/L.48)
ongoing civil war since the early 1950s, as well as by the UN Security Council
geographically concentrated in the states Presidential Statement. That attack was
bordering Bangladesh, India, China, and followed by a violent conflict and the
Thailand, all involving a significant degree destruction of more than 300 villages,
of ongoing fighting, loss of life, military according to reliable sources. It was at
occupation, and the dispersal of refugees this point that the exodus of more than
both internally and into neighboring 671,000 Rohingya began. While this
countries. There is still a large internally number has been disputed by some
displaced population, mostly living in in the Myanmar military, it has been
camps, as well as a substantial refugee verified by UN agencies, which have a
population in Thailand. Since the return long history of monitoring the flow of
of Aung San Suu Kyi to a role in national refugees around the world. In addition,
politics, the peace process has been a there were further restrictions on
key priority of the government, but it movement of those who stayed behind in
is clear that progress in ending military north and central Rakhine.
conflict and creating the basis for
national peace and reconciliation has
been slowed over the last several months.
In particular, I would note clear evidence
of additional fighting in both Kachin and
Shan states.
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Rohingya refugee camps in Cox’s Bazar, Bangladesh / Image source: Global Affairs Canada
12
REPORT
The Humanitarian Crisis in with representatives of a number of
communities, and to engage directly
Bangladesh and Myanmar with humanitarian workers who could
give first-hand information about the
The number of refugees worldwide is condition of the local population. I took
the highest it has been since the end of the opportunity to visit the IDP camp in
the Second World War. The camps near Sittwe and to share perspectives with
the town of Cox’s Bazar in southeastern several people in the camp. I also had
Bangladesh are the fastest growing the opportunity to travel over much of
and now the largest in the world. But Maungdaw Township in northern Rakhine
they are far from unique, and we need and to see the extent of the destruction
to appreciate the extent of what is in of the Rohingya villages in the north.
fact a global refugee crisis. Issues of It is a truly devastating situation, and
internal displacement and migration are there are now further reports based on
everywhere and have created enormous aerial photography of bulldozing and
suffering. What we do, or don’t do, in further razing of houses in villages by
response to the Rohingya crisis will be a the Myanmar military. The Rohingya
litmus test for Canada’s foreign policy. exodus from Rakhine State in Myanmar
has ebbed and flowed over several
The UN General Assembly is currently decades, with the latest surge of over
scheduled to deal with two global 671,000 since August 25, 2017. While
multilateral compacts, one on migration makeshift shelters have been provided
and one on refugees, this year. These are on hilly territory near Cox’s Bazar in
difficult political, social, and economic southern Bangladesh, and a number of
issues. But they cannot be ignored. The UN and other agencies have been doing
discussion around both compacts should everything possible to deal with the full
lead to a deeper global understanding impact of the crisis, it is important to
of their importance. Left on their own, stress that conditions are deplorably
refugee and IDP camps will become overcrowded and pose a threat to human
centres of death, disease, crime, human health and life itself. Rohingya refugees
trafficking, extremism and corruption. in this latest exodus have walked for days
It would be unconscionable to ignore to get to their eventual destination and
these issues or to wish them away. arrived malnourished and traumatized.
Words cannot convey the extent of the In addition to accounts of shooting and
humanitarian crisis people currently face military violence, I also heard directly
in Bangladesh and Myanmar. I was not from women of sexual violence and
refused permission to travel in Rakhine abuse at the hands of the Myanmar
State before I wrote my final report; on military and of the death of children and
the contrary, I was permitted to travel, the elderly on the way to the camps.
albeit in a restricted fashion, to the
town of Sittwe in central Rakhine, and The international agencies working in
by helicopter to the border between the camps have repeatedly expressed
Bangladesh and Myanmar. This allowed great concern about the potential for
me to see conditions in Sittwe, to meet catastrophe in the event of heavy rain
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The Humanitarian Crisis in Bangladesh and Myanmar
and wind, as well as the potential for same time, it must be pointed out that
the outbreak of disease. Based on what the Government of Bangladesh and
I have seen, these concerns are well the local communities surrounding
founded and will require significant the camp have made an enormous
additional investments from the humanitarian contribution in preparing
international community, including the to host the Rohingya refugees. The entire
Government of Canada and concerned international community is in their debt,
Canadian citizens and NGOs, in order to and our aid policy will need to take more
prevent serious loss of life. In response, account of the extent of this contribution
the humanitarian community, led by the by Bangladesh and the particular needs
Inter-Sector Coordination Group in Cox’s of those communities that have been
Bazar and the Strategic Executive Group severely affected by the arrival of such a
in Dhaka, Bangladesh, has worked closely large number of refugees in a short space
with the Government of Bangladesh of time.
to draw up a Joint Response Plan for
2018 with a funding target of US$950.8 When I met with a group of women from
million. The Plan, which launched on Bangladeshi host communities whose
March 16, 2018, lays out a vision for a homes were literally surrounded by the
coordinated response to address the Kutupalong refugee camp, I heard their
immediate needs of the refugees and concerns loud and clear. They found it
mitigate the impacts on affected host harder to find work because refugees
communities. would take jobs at lower rates; they
worried about security and the safety of
The recent announcement by the their children, who no longer made the
Government of Bangladesh that walk to school, and the higher costs of
more land is being assigned to camp everything, from food to bamboo; they
construction must be matched by were concerned about the worsening
additional efforts by the international economic situation, including the serious
agencies to find more space for schools, devaluation of their properties. They
hospitals, health care centres, and told me they were hoping to move as
centres for women and young children. soon as they could figure out where they
There is a marked absence of space for could go. Their complaints did not sound
such places in the overcrowded, hilly like the voices of prejudice, but simply
camp I visited, a situation that needs expressions of frustration at the extent
urgent attention. In my view, proposals to which their lives and the lives of their
for new camps should not include families had been completely disrupted
the large facility proposed for Bhasan by the sudden arrival of such a large
Char, a low-lying, muddy and isolated number of refugees.
island off the coast in the Bay of Bengal
that is being urgently developed as a This situation, no doubt multiplied many
“temporary arrangement” for 100,000 times by other voices, poses a clear
to ease congestion at the camps in social and political challenge for the
Cox’s Bazar. Rather, camps should be Government of Bangladesh, as it does
smaller and reachable by road. At the for the international community. Aid and
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development assistance must be directed Policy means that our humanitarian
to host communities just as surely as it is response focuses on issues of gender.
to the refugee population itself. To fail to Canada’s increased attention on sexual
do this is to ensure greater tension and and reproductive health and rights and
division between the host communities sexual and gender-based violence is
and the refugees. welcome and is vitally needed. We are
now a leading voice on these issues, and
The condition of women and girls in this should continue.
both the Kutupalong camp and the
surrounding community is of particular I also discussed with officials the
concern. I heard many allegations of need for new initiatives for schooling.
sexual trauma at the hands of both the Education in basic literacy skills is
Myanmar military and those supporting lacking, to say nothing of further
the army. In the overcrowded camp education for young people who have
itself abuse is a continuing issue. either been prevented from attending
Poverty leads to increased prostitution school or whose education has been
and human trafficking. The drug traffic disrupted by events in Rakhine State.
between Myanmar and Bangladesh has Education is not a luxury item. It is a
long been a challenge, and the arrival of necessity. Those schools that are up and
the refugees has provided a cover for running are working on several shifts to
increased trade in illegal drugs. This in accommodate the growing population,
turn can lead to more abuse and violence but new schools are needed to meet
in the camp as well as in the surrounding the increasing demand. It is hard to
community. imagine a more important investment in
providing opportunity and hope to this
Seeing these words in print makes me generation of refugees than providing
realize how inadequate words are to them with education. This investment
express the extent of the damage and will also make it possible to counteract
trauma of Rohingya women and girls the marginalization and the temptation
seeking refuge on both sides of the of extremism that is always present in
border. My own interviews with a group circumstances such as these.
of women gave me a detailed and
graphic account of abuse and violence, There is now a better sharing of
including sexual violence as a weapon of information about the conditions in the
war. These allegations of crimes against camps, with regularly updated data on
humanity need to be addressed directly nourishment, sanitation, health, and
by the international community, as well education. There is a clear need for
as the need for post-traumatic measures this information to be addressed by
to help those who survived this ordeal. action from funding governments and
Additional resources will need to be organizations and for clearer lines of
gathered to make sure the response is authority on the management of all relief
adequate to deal with the extent of the efforts. No one can now say “we didn’t
abuse and its consequences. Canada’s know”.
new Feminist International Assistance
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The Humanitarian Crisis in Bangladesh and Myanmar
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© Suvra Kanti Das / Alamy Stock Photo
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The Political Situation in Myanmar
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of their human rights. More recently, still left in Rakhine State. Nicholas
representatives of the international Kristof of the New York Times was
community, including UN agencies, were able to visit a number of villages, and
not, for many months, permitted access in an article dated March 2, 2018, he
to these communities, and there are describes conditions of deep poverty,
reports from those few able to witness malnourishment, and profound isolation
these conditions at close quarters that that he refers to as a “slow genocide”.
the Rohingya population is subject to Other international observers present are
malnourishment as well as the denial of few and far between, and their freedom
the right to free speech, to freedom of of movement is severely restricted.
association, to freedom of movement as However, what reliable information is
well as a denial of access to education, available points to an ongoing crisis in
health care, and social services. Reports both human rights and human security.
of how bad these conditions are will
continue to filter out and may become It is important to appreciate the depth
more widely available as officials of of the challenge facing the Rohingya
the UNHCR and UN Development community. They do not have the
Programme (UNDP) are granted more protection or presence of an international
access to the region. But the reality of force, or even outside observers. Because
a genuine and deep threat to human much of northern Rakhine State is a
security and even survival cannot be conflict zone, international humanitarian
denied. assistance has been actively restricted
and is only now resuming in parts of
I was permitted access to Sittwe, the the State. The army asserts the right to
capital of Rakhine State, the week enter any home at any time to search
of February 4, 2018. What became for ARSA militants or others opposed to
immediately apparent was the deep the current regime, and there are serious
resentment of the very presence of allegations of breaches of basic civil
the Rohingya population in Rakhine by rights, as well as beatings and torture
some ethnic Rakhine and the extent to that to this point have not met with
which international and other efforts to credible investigation or consideration by
establish a humanitarian dialogue are, authorities in Myanmar.
in fact, deeply resented. It is this hatred
that in my view poses the greatest The conflict is not just between the
threat to any possibility of a safe and Myanmar Army and ARSA. It also
dignified return for the Rohingya who are involves both the Rohingya community
currently living in Bangladesh and indeed and the ethnic Rakhine where there are
threatens the lives of those Rohingya allegations of attacks on the ground
who are still in central and northern between the two groups. Again, the
Rakhine. absence of neutral observers makes fact
finding difficult. The departure of such
There are few outside witnesses to the a large number of people can only have
full extent of the military operations and been created by a climate of fear and
the conditions facing those Rohingya intimidation, whatever its source. It is also
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The Political Situation in Myanmar
important to point out that the entire the appointment of an advisory board
state of Rakhine is deeply impoverished. on the implementation of the Kofi Annan
The competition for land and resources is report, with five members appointed
so intense precisely because everyone is from the international community. This
so poor. One of the reasons the delivery board made its first visit to the region
of assistance to the Rohingya population in the third week of January 2018.
has met with such fierce local opposition One of the international members,
is that “development” is something the Bill Richardson, left the board after
local Rakhine population feels is only expressing his strong concerns about
for others, i.e. the Rohingya, and not policies of the Myanmar government. I
for them. That is something that has to have spoken with other members of the
change. board who have expressed their strong
commitment to an independent and
The Kofi Annan Commission made objective assessment of the work of the
a number of recommendations board and the policies of the Myanmar
that the Myanmar government has government.
indicated a willingness to accept. The
implementation of the recommendations In addition, since my interim report,
is now in the hands of a committee under there have been further developments
the leadership of Minister for Social in discussions between Myanmar and
Welfare, Relief and Resettlement Win Bangladesh, with the signing of three
Myat Aye. In addition, the Government arrangements on the repatriation of
of Myanmar has established a Union the Rohingya population to Myanmar.
Enterprise for Humanitarian Assistance, In considering the significance of these
Resettlement and Development in documents it is important to understand
Rakhine, representatives of which I that the two countries have reached a
met on November 8, 2017, in Yangon, number of agreements since the 1970s.
Myanmar. This group has, at the Rohingya refugee crises are not new.
present time, uncertain resources, Unless this crisis is handled in a different
although the government speaks about way, there will be more crises, with more
a “public private partnership”. The violence, loss of life, and hardship to
focus of this Union Enterprise is on come.
physically rebuilding the region so badly
affected by the violence and creating The Secretary-General of the UN has
the conditions that will allow for the said that any return has to be “voluntary,
voluntary repatriation of the Rohingya safe, dignified, and sustainable”. Canada
population currently outside the country. and like-minded countries have delivered
Unfortunately, the current crisis has similar messages. It is crucial that both
stymied progress in implementing Mr. Bangladesh and Myanmar not only
Annan’s recommendations, which have commit themselves to these principles,
been strongly supported by countries like but also to the steps that will be required
Canada. to ensure their implementation. In
particular, the UNHCR has to become
The Government of Myanmar announced a full partner with both governments
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The final report of the Advisory Commission on Rakhine State,
“Towards a Peaceful, Fair and Prosperous Future for the People of
Rakhine”, provides a comprehensive set of recommendations to achieve
lasting peace and prosperity in Rakhine, including in the following areas:
Citizenship: Accelerate the citizenship verification process in line with the 1982
Citizenship Law and ensure it is voluntary. There is also a need to revisit the law
itself.
21
The Political Situation in Myanmar
22
Government of Myanmar and continuing since its independence in 1948. We
to seek from that government the should hold that government to its
necessary changes. These are all commitments. Government leaders in
principles that the Government of Myanmar are not being asked to sign on
Myanmar has accepted by joining the to an agenda that is imposed on them.
UN and by accepting the foundations It is an agenda that they have agreed to
of the Charter and the principles of the accept.
international human rights architecture
Japan $507
UK $144
US $132
Korea $47
Australia $46
Germany $45
Switzerland $40
Sweden $32
Norway $31
Canada $15
Finland $14
Denmark $6
23
Destroyed villages in northern Rakhine State / Image source: Global Affairs Canada
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The Question of Accountability and Impunity
25
The Question of Accountability and Impunity
that no one, including the political or because they were singled out for their
military executive, is above the law. identity. Everyone needs to understand
“No matter how far you rise, the law what is at risk here—which is why the
is always above you” is a fundamental issues of reconciliation and political
precept that should never be overlooked leadership are so important.
or forgotten. The treatment of the two
Reuters journalists, Wa Lone and Kyaw The definition of genocide in the Rome
Soe Oo, by the Government of Myanmar Statute of the International Criminal
has raised widespread concerns in the Court (ICC) is:
international community about the
fairness of proceedings, the denial of “Any of the following acts committed
bail, and how a law from the repressive with intent to destroy, in whole or in part,
past of the British Empire could today be a national, ethnical, racial or religious
resurrected to be used in circumstances group, as such:
where they were drawing attention to
potentially criminal behaviour by the • Killing members of the group;
armed forces.
• Causing serious bodily or mental
I have had a number of discussions with harm to members of the group;
scholars, activists, and many officials in • Deliberately inflicting on the group
several countries and UN institutions. conditions of life calculated to bring
On the basis of the allegations that are about its physical destruction in
now widespread, it is clear that a strong whole or in part;
case exists for the presumption that
a number of crimes against humanity • Imposing measures intended to
have been committed in Myanmar. These prevent births within the group;
allegations include abuses by members
• Forcibly transferring children of the
of the Myanmar military, militia and other
group to another group.”
groups, and ARSA, among others. The
crime of genocide has also been alleged, It should be noted that the crime of
and the evidence for this crime has to be genocide requires proof of “intent
assessed carefully as well. to destroy a group”. Crimes against
humanity, also listed in the Statute, do
The lesson of history is that genocide is not require proof of such intent, but
not an event like a bolt of lightning. It is a refer to a number of offences as part
process, one that starts with hate speech of a widespread or systematic attack,
and the politics of exclusion, then moves including murder, deportation or “forcible
to legal discrimination, then policies of transfer of population”, as well as grave
removal, and then finally to a sustained sexual violence, torture and persecution
drive to physical extermination. The against any civilian population. In this
people of Myanmar and the entire world section, I shall be referring to the steps
community need to be mobilized to that could be taken to gather the
ensure that the Rohingya do not join the evidence required to meet the thresholds
tragic list of those people who have died for the proof of these crimes.
26
My point here is to emphasize the gravity Independent Mechanism (IIIM or “Triple
of the potential offences that arise I-M”) headed by Catherine Marchi-Uhel
from the mistreatment of the Rohingya to deal with numerous allegations in
population by the government, military, the Syrian conflict—thereby ensuring a
and other individuals and organizations comprehensive and systematic approach
over many years and, in particular, over to what has taken place in Myanmar. In
the last several months. There is no way addition, establishing such a mechanism
for us to turn away from the importance presents several political, diplomatic
of these issues. and legislative challenges. This also
doesn’t deal with the issue of what
Once evidence is gathered, the question tribunal could be set up to deal with
naturally arises: where do these cases arising from the investigation, but
investigations take us? Myanmar is not it does at least ensure an approach to
a signatory to the Rome Statute, but evidence gathering and preservation
Bangladesh is. There is also the principle that would take us beyond the world
that “universal jurisdiction” can be of allegation and denial. In many other
applied in a number of countries where historic conflicts—notably Cambodia—
there is national legal acceptance of the specific tribunals have been established
application of fundamental human rights and, however imperfect, have gone some
principles. There will continue to be many distance to dealing with the problem of
legal arguments and debates that may impunity. It is, as they say, better than
lead to practical conclusions. nothing.
27
The Question of Accountability and Impunity
States—that give these governments critics who say, “Well then, it’s business
the power to name individuals deemed as usual,” I would emphatically reply that
responsible for human rights and this is not the case. It is an approach
other abuses and to issue travel bans, to human development that does
freeze assets, and take other measures not use a poor population as a pawn
against these named individuals. Both in our profound differences with the
governments have named Major-General Government of Myanmar about what has
Maung Maung Soe, who was the head of happened and is still happening in the
the Myanmar Army’s Western Command, country.
and in so doing have made it clear
that others can be added to the list. We must be cognizant of our leverage
This could include, in my view, anyone and not allow our foreign policy to be
deemed to share responsibility for the beholden to a policy of empty gestures.
abuses of human rights and the crimes We need to continue—and indeed to
against humanity in Myanmar. deepen—our commitment to human
rights on the ground in Myanmar, to any
Several other suggestions have been processes of reconciliation that seem to
made about further “isolating” and be working, and to the rights of women
“pressuring” Myanmar, up to and and girls who are living in difficult
including breaking off diplomatic circumstances.
relations and all financial, trade, or
development assistance to the country.
28
in Cox’s Bazar / Image source: Global
Child in the Rohingya refugee camps
Affairs Canada
Effective Coordination and that the intervention in Libya was equally
unsuccessful in providing stability. And
Cooperation in Syria, the failure to intervene has led
to the loss of hundreds of thousands of
I have been struck in my work by the lives and millions of people displaced and
challenges we currently face in dealing dispersed.
with a crisis of this suddenness and
magnitude. There were many early We have ample examples of how not
warnings of the possibility of this to intervene as well as examples of the
happening, but it must be said that these costs and consequences of doing too
warnings did not lead to an effective much and doing too little. Hindsight is
international reaction. For some time easy, but we need to respond to this
(and particularly since the tragic events crisis in a way that will save the most
in the Balkans and Rwanda), many lives and provide the best opportunity
have insisted that the ability of the for stability, security, and opportunity for
international community and its agencies the whole population.
to respond to humanitarian crises must
meet the challenges. We have to admit George Bernard Shaw once
that for all the discussion about the suggested that the biggest problem in
“responsibility to protect” and the work communication lies in assuming it has
of the UN and its agencies, the world already happened.
was slow to heed warnings, to see the
clear signs of crisis, and also slow to This insight helps to explain how
respond in an effective and coordinated vertical silos are a problem for any
manner. In the Balkans, for example, it large organization. Communication and
took a long time for the international coordination become more necessary
community to respond. In Rwanda, the because without them consistent work
world turned away as warnings came is impossible. The silos themselves are
loud and clear from officials on the often not accidental. They are there
ground about the impending disaster. for a purpose: to maintain turf and
The intervention in Iraq against Saddam power bases, to keep difficult issues
Hussein was led by the United States less than transparent, and to conceal
and the United Kingdom, but had a incompetence or serious mistakes
disastrous outcome. It could be argued or even wrongdoing. The depth of
29
Effective Coordination and Cooperation
this problem affects organizations could play a supportive role in the event
and governments at every level. Any of an even more serious disaster.
successful resolution of the current crisis
in Bangladesh and Myanmar will require In Myanmar, the cross-ministry task
a sustained effort at breaking down silos forces set up to deal with resettlement
wherever they are found. And they are issues are encouraging, but the physical
everywhere. and infrastructure decisions are
ultimately less important than the need
These silos exist in the Myanmar and to deal with the underlying political
Bangladeshi and other governments as issues in Rakhine State itself. The conflict
well as in the UN, its agencies, and in between ethnic Rakhine and Rohingya in
the large international NGOs that are Rakhine State dates back centuries and
responding to the crisis. is now extremely intense. This situation is
complicated by the sense that the ethnic
There has been some improvement on Rakhine comprise a minority that itself
the ground in the largest refugee camp has difficulty being heard in Myanmar
in Bangladesh in achieving greater and because underdevelopment in
cooperation between all those providing Rakhine has been chronic and has not
services, as well as between the UN and been successfully addressed by the
non-governmental agencies and the central government. All these issues need
Government of Bangladesh and donor to be faced; only then will any kind of
countries. successful repatriation be possible.
On my first visit to the Kutupalong camp Kofi Annan’s report rightly focused
in November 2017, I was struck by the on these questions. Ironically, it was
existence of organizational phenomena published the day before the outbreak
only too familiar: lines of command and of the deepest military conflict to date
direction that were unclear, battles over and the departure of more than 671,000
turf and jurisdiction, and finger pointing Rohingya to Bangladesh. But what
at anyone not in the room for the failures Mr. Annan started must continue. The
to address the problem. There were implementation of his report, along with
noticeable improvements by the time I further practical efforts to deal with the
visited a second time, but we need to crisis, will need the active support of the
understand that the annual spring storms international community. Every effort to
and rain coming will produce even more build common ground and to break down
serious crises than what we have seen prejudice and hatred must be made and
so far. Emergency preparedness in both supported. The challenge in this situation
countries needs to improve dramatically (as in so many others) is to stop the
to take full account of what we know extremists on all sides of the argument
from experience can happen. We do not from running away with the agenda.
have much time. International agencies There are still signs that many people
also need to be fully apprised of the believe in reconciliation, but are afraid to
risks, as do national governments and raise their hands. Giving courage to those
agencies, both civilian and military, which seeking peace should be a priority for
30
the world community, including Canada. There are differences of opinion about
the relative importance to be attached
In both Myanmar and Bangladesh, to rights promotion and enforcement
we need to ensure that our aid and and the need for effective engagement
assistance are not directed exclusively with countries whose laws, customs,
at any one ethnic group or nationality. and ways of doing business are different
In particular, we need to be aware of the from ours. There is said to be a difference
danger that the international community between “humanitarian aid” and
is being portrayed by interests in both “development assistance”, and within
countries as “only caring about the the aid community itself there is an
Rohingya”. In both Rakhine State and in understandable resistance to “political
the area around Cox’s Bazar, we need interference” as opposed to development
to be sure that the scope of our funding goals. It is now a general principle of our
includes other communities as well as foreign policy that it is to be feminist
the Rohingya and that we understand in its focus. Given the extent of gender
that the wall between “humanitarian discrimination and inequality in the
assistance” and “development” needs to world, this is completely laudable, but
be broken down. other focuses—on conflict prevention,
constitutional advice, mediation, and
A truly optimistic but not impossible economic and social development—need
scenario would see a number of to be maintained as well. The current
countries, including Canada, working conflict in Myanmar and its impact on
with both Myanmar and Bangladesh as Bangladesh gives us an opportunity to
well as the Rohingya community and find the necessary common ground in
the government of Rakhine State, to our own policy and that of many other
see what can be done to persuade the like-minded countries and agencies
World Bank and Asian financial agencies to overcome some of the silos and
to assess the possibility of pursuing compartmentalized thinking that can get
serious development opportunities on in the way of problem solving.
either side of the Myanmar-Bangladesh
border that would begin to address In the case of the current crisis in
the severe challenges facing this entire Rakhine State and beyond, the issue for
region. Electrification, infrastructure the Government of Canada and other
improvements, education and human governments, as well as for the UN
development—these are all fundamental itself, is how to ensure that all of our
to dealing with the extent and degree engagements meet the twin tests of
of underdevelopment in the region. But principle and pragmatism. To suggest
let me be clear again: this development that we have to choose one or the other
depends on addressing the underlying is wrong-headed. If there is no realism
human rights issues that have led to the and effectiveness in our pursuit of
exclusion, incarceration, and deportation principle we are doomed to ineffectual
of the Rohingya people. Rights and rhetoric that might make us feel better
development must go together. but will do little to improve the actual
situation on the ground. If we lose sight
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Effective Coordination and Cooperation
of our principles, we are simply acceding as if their voices alone are the deciding
to an agenda that grants no importance factor in determining outcomes. We
to the advancement of rights and the should avoid that illusion and share that
rule of law. perspective with others.
32
is Turkey. The Gulf States, Saudi Arabia include countries in the ASEAN region as
and other Islamic countries are important well as in the Islamic world. I would note
sources of investment, charitable that the Rohingya crisis has met with
assistance, and remittances from a strong reaction from many different
Rohingya and others who have been countries, but it is now vital that this
working in these countries. reaction leads to a coordinated effort
and the resources required to make a
I am also convinced that the focus difference.
on the immediate humanitarian crisis
needs to include a medium- and longer- The Canadian government should
term approach, which would include establish a Rohingya Working Group,
development assistance, political and which would extend across government
governance support, as well as efforts to and beyond to relevant NGOs, in an effort
move forward on issues of accountability to ensure an effective rapid response
and impunity. Just as Canada needs to to deal with the potential humanitarian
make strategic decisions on whether, crisis that will follow bad weather. This
and to what extent, it intends to give will involve an ongoing effort with both
priority to this issue, so too it needs to Bangladesh and Myanmar to ensure
make efforts to work with like-minded that international assistance is more
countries on some common and streamlined, effective and not blocked
coordinated approaches. This will extend by bureaucratic rigidity or political
beyond some traditional partners to posturing.
33
Myanmar’s Top Five Export and Import Partners
Source: World Integrated Trade Solution, World Bank, last updated January 3, 2017.
34
CONCLUSION
Our first obligation is to protect lives. patience because it will take longer and
Meeting this obligation will require will require more effort than we currently
presence, perseverance, and patience: appreciate. There are no guarantees of
presence because we cannot cede success, and many lives are still in the
the entire terrain to those whose balance. But one thing is certain: if we fail
commitment to individual freedom and to try, the results will be far worse than if
the rule of law has been found badly we make the necessary effort.
wanting; perseverance because our
efforts will be met with resistance, denial,
and at times a refusal to engage; and
Special Envoy Rae in the Rohingya refugee camps in Cox’s Bazar / Image source: Global Affairs Canada
35
RECOMMENDATIONS
The Humanitarian Crisis in providing much needed support
to the Government of Bangladesh,
Bangladesh and Myanmar Canada should be making clear its
urgent concern about the need for
1. A fundamental principle of Canada’s additional land in and around Cox’s
approach to the Rohingya crisis Bazar for the 100,000 Rohingya
should be that we listen to the refugees deemed to be at risk of
voices of the Rohingya themselves. death or serious illness as a result of
This principle should guide our flooding, landslides, and water-borne
actions and inform our advocacy. diseases expected to be brought by
2. Canada should take a leadership the upcoming monsoon season. The
role in responding to the current 500 additional acres of land that
crisis by stepping up humanitarian the Government of Bangladesh has
and development efforts in recently allocated are not sufficient
Bangladesh and Myanmar. to deal with the extent of the crisis.
Canada’s response should focus Similarly, the construction of the
on providing humanitarian island camp of Bhasan Char by
assistance, education, supporting the Government of Bangladesh is
infrastructure, and mitigating the unlikely to be completed in time
impact of the violent deportation or to be sufficient to deal with
on Rohingya women and girls by the extent of the expected crisis;
providing strong support to UN and it also raises serious issues about
other international organizations accessibility and mobility. The extent
working in camps and elsewhere. of the urgency of the humanitarian
Education in particular should crisis and the real risks to the
become a priority for our longer- Rohingya and other populations in
term approach. The Government of both Bangladesh and Myanmar need
Canada should develop a multi-year to be more widely publicized and
funding plan starting in 2018-19 for appreciated. The continuing issues
this comprehensive work on both relating to acquiring visas and work
sides of the border. This multi-year permits for humanitarian workers
plan should further include the must also be addressed and resolved
necessary work on accountability by the Government of Bangladesh.
and the gathering of evidence 4. In this multi-year plan, Canadian
and the increased coordination development assistance should not
effort required both domestically only focus on the needs of Rohingya
in Canada and globally. I estimate refugees, but also take into account
the increased annual cost of this those of the Bangladeshi population
combined effort, including for in Cox’s Bazar, noting the impact
additional staff at headquarters and that the arrival of an additional
abroad, at $150 million for the next 671,000 refugees has had on the
four years. resident population. Canada should
3. While expressing our gratitude and continue to work with organizations
36
Recommendations
37
Recommendations
38
companies deemed to have been coordinated fashion. This would
involved in a breach of international include countries in the region, as well
humanitarian law, or other laws as those committed to joint efforts.
related to conflict, including Canada should push for the issue of
breaches of the Rome Statute and the Rohingya crisis to be addressed
the UN Convention on Genocide, at the Commonwealth Heads of
should, in addition to the processes Government meeting in London,
set out above, be subject to targeted United Kingdom, this April and during
economic sanctions. Canada should Canada’s G7 presidency in 2018.
Canada should also seek partnership
be actively working with like-minded
opportunities with the Organization
countries to identify the individuals
of Islamic Cooperation (OIC) and its
or parties that should be subject to
members at the OIC’s 45th Council of
such sanctions, which are likely to
Foreign Ministers Meeting in Dhaka,
have more impact if multilateral in Bangladesh, in May.
scope. Canada should also continue
its arms embargo and should seek a
wider ban on the shipment of arms
to Myanmar.
39