Sep 3, 2018 | News
The ICJ held a workshop on reforming Myanmar’s 1982 citizenship law in Yangon from 1 to 2 September 2018.
The workshop convened a group of international and national legal experts, human rights defenders, political scientist, academics and researchers to jointly consider the way forward to identify creative legal and non-legal advocacy approaches for reforming Myanmar’s 1982 Citizenship Law.
The ICJ, UN organs and civil society organizations, through research and legal analysis, have consistently found this law to be discriminatory both in its content and application.
Unlike many other laws promulgated during the military junta era of General Ne Win, this law remains in force. Its tiered hierarchy of citizenship has effectively rendered many individuals as second- or third-class citizens, or in some instances stateless.
In August 2017, the government’s own Advisory Commission on Rakhine State, chaired by the late Kofi Annan, recommended a review of the Citizenship Law. The recommendation was accepted by the Government of Myanmar in principle, but in practice this commitment has not been followed up by any implementing measures.
The workshop’s participants included academics, researchers, human rights defenders, political scientist, legal and non-legal experts of different ethnic and religious backgrounds from a range of organizations from the U.K, Spain, Australia, Kachin, Chin, Mandalay, Rakhine, and Yangon.
The ICJ’s legal adviser, Sean Bain, introduced the workshop by noting that legal recognition of nationality is central to the enjoyment of many human rights.
Noting that protecting the right to nationality is an essential part of the rule of law in any democratic society, he highlighted that too often it is members of minority groups who experience a violation of their human rights due to discriminatory laws and their application with regards to citizenship.
The ICJ’s legal researcher Dr. Ja Seng Ing presented the overview and assessment of the Citizenship Law, including problematic provisions and key institutional actors with authority in Myanmar.
Amal de Chickera, a Sri Lankan Human Rights lawyer and Co-Director of Institute on Statelessness and Inclusion, delivered an introduction on the International law and comparative studies and the approaches and strategies for law reform from international perspectives.
José María Arraiza, Information, Counselling and Legal Assistance Specialist, Norwegian Refugee Council, spoke about a number of approaches and strategies for legal reform, including imperative role of collective identities, inclusive dialogue and evidence based advocacy strategies with comparative international experiences.
Michelle Yesudas, a Malaysian Human Rights lawyer, shared good practices and lesson learned from application of strategic litigation in citizenship related cases in Malaysian context to raise the awareness of the public and also discussed potential strategies for pushing the legislative reform and enforcement of the law in Myanmar.
The ICJ’s legal adviser Daw Hnin Win Aung, facilitated a panel discussion where the Senior legal scholars and researchers from Myanmar also provided their perspectives, based on their own independent research and writing on the legal and non-legal opportunities and challenges for law reform in Myanmar.
Advocate lawyer, Daw Zar Li Aye highlighted the legal consequences of mixed-nationality marriage in Myanmar, for instance, the authorities used physical appearance of the children as a determining factor when considering provision of citizenship / documentation in practice.
The participants considered a wide range of issues relating to statelessness and citizenship in Myanmar with comparative case studies, including the varying approaches for law reform across the region to improve understanding of the advocacy target groups on the issue and potentially inform public policy.
The participants also recognized the importance of multidisciplinary approaches, including strategic litigation in citizenship related cases, for developing advocacy strategies for law reform and to increase knowledge and understanding of the general public on the issue.
This event is part of the ICJ’s ongoing efforts to convene civil society actors including lawyers to discuss critical human rights issues in Myanmar with a view to advancing the protection of human rights in the country.
Aug 27, 2018 | News
The ICJ today joined other International Non-Government Organizations operating in Myanmar in a statement marking one year since the commencement of military ‘clearance operations’ that caused the exodus of around 700,000 Rohingyas into neighbouring Bangladesh.
The statement reads:
As the UN Security Council meets in New York to mark one year since nearly 700,000 Rohingya refugees fled to neighboring Bangladesh, International Non-Governmental Organizations (INGOs) working in Myanmar say 600,000 Rohingya still left in Myanmar face daily discrimination and human rights abuses, making conditions unsafe for refugees to return.
INGOs urge the Security Council to use the one-year anniversary as an opportunity to step up pressure on the government of Myanmar to take action on three critical areas: addressing the root causes of the crisis in Rakhine State; ensuring accountability for human rights violations and improving humanitarian access.
Discriminatory policies mean that Rohingya communities in Rakhine State continue to lack citizenship and face restrictions on their freedom of movement, impeding their ability to go to school, seek medical care, find jobs or visit friends and family.
128,000 Rohingya and other Muslim communities remain trapped in closed camps in central Rakhine for the sixth year since the intercommunal violence of 2012.
Although some steps have been taken to relocate camp residents to new sites, the displaced communities have not been adequately consulted, are unable to return to their original homes, or another location of their choice, and continue to lack freedom of movement, access to jobs and services, thus further entrenching their confinement and segregation.
At the same time, a full and independent international investigation into human rights violations – sexual violence, killings, beatings and destruction of homes and properties – that caused refugees to flee has not happened and the perpetrators who facilitated these abuses have not been brought to justice.
The rights violations committed in Rakhine State are part of a pattern of ongoing military abuses against ethnic minorities throughout Myanmar, including in Kachin State, Shan State and the southeast of the country.
Humanitarian organizations working throughout Rakhine State continue to face serious restrictions on their access to affected communities and bureaucratic and administrative barriers hamper their ability to carry out their daily work.
In northern Rakhine, from where the majority of refugees in Bangladesh fled, full humanitarian access for most organizations has not been restored more than one year since restrictions were first put in place.
Although a Memorandum of Understanding was signed between UNHCR, UNDP and the Government of Myanmar in June with a view to enabling both agencies to resume operations in northern Rakhine, they still await full, unfettered access, and have not yet been able to begin the work of supporting affected communities and monitoring conditions.
The recommendations of the Kofi Annan-led Advisory Commission on Rakhine, published one year ago, provide the best roadmap for addressing the root causes of the crisis in Rakhine State, improving the lives of all communities and creating the conditions for an inclusive, fair and prosperous society for all the people in Rakhine.
INGOs welcome the progress made by the Government of Myanmar in implementing some of the recommendations, including those related to improving development and infrastructure, such as building new roads, schools, and hospitals, but conclude that not enough progress has been made in addressing structural human rights issues or in creating an environment where all communities can benefit from these developments without discrimination.
Without citizenship rights and freedom of movement, Rohingya communities in Rakhine State cannot equally benefit from improved development and refugees in Bangladesh will not feel safe to return.
INGOs call on the UN Security Council to set time-bound and measurable targets for the Government of Myanmar to make meaningful progress in all three of these areas and to hold regular public meetings on the crisis.
Specifically, the Security Council should call on the Government of Myanmar to implement the recommendations of the Advisory Commission in their entirety, including addressing structural problems of discrimination, restrictions on movement and denial of citizenship faced by Rohingya communities.
Implementation of the Advisory Commission recommendations also requires listening to the perspectives of all ethnic groups in Rakhine in an effort to break down the divisions that have pitted communities against each other.
Second, the Security Council should request the government of Myanmar to grant full and unfettered access for humanitarian organizations to all parts of Rakhine State as well as full access for independent media and journalists.
And finally, it should step up efforts with the government of Myanmar to allow independent human rights investigators full and unimpeded access to investigate human rights abuses, gather untampered evidence and refer cases to an international tribunal.
The Security Council must send a strong message to the Government of Myanmar to end impunity and prevent future violations.
Unless these measures are implemented, the international community risks perpetuating impunity and cementing segregation in Rakhine State for decades to come.
Myanmar-RohingyaJointNGOstatement-News-webstory-2018-ENG (full story in PDF)
Aug 13, 2018 | News
From 9-12 August, the ICJ-supported trainings on human rights and the law for lawyers, youths and activists from Kachin and Shan states in Myanmar’s north.
On 9 and 10 August, the ICJ joined a “training of trainers” organized by the Humanity Institute, a civil society organization based in Myitkyina.
This aims to improve the capacity of local youths and activists from Kachin and Northern Shan State on basic human rights concepts and measures to engage with Regional and UN Human Rights mechanisms.
The ICJ’s national legal researcher, Ja Seng Ing, shared information about the advantages and limitations of regional human rights mechanisms, including the Europe Commission of Human Rights and the ASEAN Commission of Human Rights. She provided an overview of the UN human rights framework and human rights mechanisms.
In addition to explaining how these work, she also focused on how human rights defenders can communicate with and participate in UN human rights mechanisms by reporting on human rights violations.
Then on 10 and 11 August, the ICJ facilitated a legal training for senior law students, and junior lawyers hosted by the Kachin Legal Clinic, an independent lawyers network.
The Kachin Legal Clinic seeks to develop a pool of young lawyers and with knowledge on the role of lawyers in the field of domestic and international human rights setting and the independence of the lawyers.
On the first day, a national legal adviser from the ICJ shared experiences of litigating for human rights in Myanmar. She also noted the critical role of independent lawyers in protecting human rights, by representing clients from all communities in different parts of Myanmar.
On the second day, Ja Seng Ing gave an overview of global and local law and standards and issues related to accountability and redress for gross human rights violations.
The ICJ’s international legal adviser, Sean Bain, gave an overview of international laws and standards related to the protection of human rights in times of conflict or crises, sourced from international human rights law as well as international humanitarian law and international criminal law.
These activities are part of the ICJ’s ongoing support to civil society actors in Myanmar, from community to national level.
Jul 27, 2018 | News
On 26 July 2018, the ICJ Secretary General, Sam Zarifi, met Myanmar’s Union Attorney General, U Tun Tun Oo.
The ICJ Legal Adviser Sean Bain and senior staff from the Union Attorney General’s Office (UAGO) joined the meeting in Nay Pyi Taw.
Rule of law developments in Myanmar were discussed, including progress integrating international standards into the work of the UAGO, such as the new “Code of Ethics for Law Officers”.
The participation of UAGO staff in the ICJ’s recent workshops on the Minnesota Protocol on the Investigation of Potentially Unlawful Deaths was another topic discussed.
Noting the UAGO’s stated reform commitments, Sam Zarifi renewed the ICJ’s call on Myanmar’s prosecution authorities to drop the charges against Wa Lone and Kyaw Soe Oo, two Reuters journalists, which do not appear to have a valid legal rationale.
Efforts to effectively prosecute the assassination of lawyer U Ko Ni were also discussed.
Sean Bain noted the UAGO’s efforts to draft an umbrella land law according to the government’s National Land Use Policy, and highlighted the importance of public participation and consultation in this process, to ensure compliance with Myanmar’s obligations under the International Covenant on Economic, Social and Cultural Rights.
The Attorney General thanked the ICJ for the organization’s ongoing honest advice and support for human rights.
The ICJ has worked with the UAGO since 2014 to provide assistance on prosecutorial independence and human rights in the context of Myanmar’s broader democratic reforms.
Jul 26, 2018 | News
From 24 to 26 July 2018, the ICJ co-hosted a workshop for authorities from Thailand, Cambodia, and Myanmar.
The theme of the workshop was on conducting investigations of potentially unlawful deaths and enforced disappearance in accordance with international human rights law and standards.
The workshop was co-hosted with Thailand’s Ministry of Justice, the United Nations Office of the High Commissioner for Human Rights (OHCHR) and the New Zealand Embassy in Bangkok.
The participants included 25 criminal investigators, public prosecutors and representatives of the Cambodian Ministry of Justice and the Thai Ministry of Justice.
The event commenced with opening remarks by James Andersen, Deputy Head of Mission, Embassy of New Zealand in Bangkok; Aim-orn Siangyai, Deputy Director General of Thailand’s Rights and Liberties Protection Department, Ministry of Justice; Frederick Rawski, Asia Pacific Regional Director, ICJ; and Shivani Verma, Human Rights Officer, OHCHR Regional Office for South-East Asia.
Kingsley Abbott, Senior Legal Adviser at the ICJ, gave a summary of the international human rights legal framework that applies to the investigation of unlawful deaths and enforced disappearance.
He then provided an outline of the revised Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016), which was launched in Thailand on 25 May 2017 and which formed the core of the materials used at the workshop.
Other speakers included Glenn Williams, Detective Inspector, Field Crime Manager, New Zealand Police National Headquarters, who addressed the investigation process including crime scene management; Sean Buckley, International Investigator, who addressed witness interviews; Shivani Verma of the Office of the High Commissioner for Human Rights who addressed Witness Protection; and Dr. Pornthip Rojanasunan, Adviser of Thailand’s Central Institute of Forensic Science (CIFS), who addressed the issue of forensic pathology.
This workshop followed three workshops the ICJ co-hosted between 5 to 8 December 2017 and 30 May to 1 June 2018 in Thailand on the investigation of potentially unlawful deaths and enforced disappearance for lawyers from Thailand and India, academics and State authorities from Thailand, Cambodia, Myanmar and Nepal.
Contact
Kingsley Abbott, Senior International Legal Adviser, ICJ Asia Pacific Regional Office, t: +66 94 470 1345, e: kingsley.abbott(a)icj.org
