Mar 13, 2017 | Advocacy, Non-legal submissions
The ICJ today delivered a joint NGO oral statement to the UN Human Rights Council on the need in Myanmar for an international Commission of Inquiry and for an independent and self-governing legal profession.
In the statement, the International Commission of Jurists, joined by the International Bar Association’s Human Rights Institute and Lawyers’ Rights Watch Canada, welcomed the report of the Special Rapporteur on the situation for human rights in Myanmar, and her recommendation for a Commission of Inquiry to investigate persecution of Rohingya and other minorities in Rakhine State.
Since 9 October 2016, Myanmar’s security forces have reportedly targeted Rohingya during “clearance operations” which have no basis in law. Attacks against women, men, and children allegedly have involved extrajudicial killings; enforced disappearances; torture and other ill-treatment including rape and other sexual violence; hundreds of arbitrary arrests and detentions; forced displacement; and looting and destruction of homes, food and other property.
To date, authorities in Myanmar appear to have been unwilling or unable to investigate abuses or hold perpetrators accountable. Several national investigation commissions have lacked impartiality and independence. National judicial and law enforcement authorities lack capacity and independence to address this situation. Accordingly, we urge Council to adopt a resolution at this session establishing an international, independent Commission of Inquiry to assess facts, identify causes and perpetrators, and issue recommendations including remedies for victims.
The recent killing of lawyer U Ko Ni, who strongly advocated against religious discrimination and for inter-communal peace, must be subject to a prompt, impartial and effective investigation capable of identifying all those responsible and holding them accountable in a fair trial. It also underscores the urgent need for an independent and self-governing legal profession in Myanmar, enabled to uphold human rights and the rule of law without fear.
The statement may be downloaded in PDF format here: HRC34-OralStatement-Myanmar-2017
Feb 27, 2017 | News, Publications, Reports, Thematic reports
The Government of Myanmar should impose a moratorium on the development of Special Economic Zones (SEZs) until it can ensure SEZs can be developed inline with international human rights laws and standards, said the ICJ at a report launch held today in Yangon.
The 88-page report, entitled Special Economic Zones in Myanmar and the State Duty to Protect Human rights, assesses the laws governing Myanmar’s SEZs and finds that the legal framework is not consistent with the State’s duty to protect human rights.
For example, a case study examining the Kyauk Phyu SEZ in Rakhine State shows that the land acquisition process initiated in early 2016 lacks transparency, does not comply with national laws on land acquisition, and risks violating the rights of 20,000 residents facing displacement.
“The SEZ Law undermines the protection of human rights, and critical legal procedures are often poorly implemented, so the Kyauk Phyu project risks repeating the rights violations that have been associated with SEZs in the past,” said Sam Zarifi, the ICJ’s Asia Director.
“The NLD-led Government can make a break from the past by ensuring economic development projects benefit Myanmar’s people, rather than rushing to facilitate projects which result in human rights violations and ultimately undermine sustainable development,” he added.
Myanmar’s legal framework for SEZs is based on the 2014 SEZ Law and incorporating national laws governing land, labour and the environment.
The report shows that while national laws require Environmental Impact Assessments and the application of international standards on involuntary resettlement, the SEZ Law does not establish clear accountabilities for the implementation of these procedures.
This has contributed to human rights violations and abuses in each of Myanmar’s three SEZs, the report says.
“It has been encouraging that government officials have emphasized their commitment to protecting human rights in SEZs in line with the rule of law,” said Sean Bain, the ICJ’s Legal Consultant in Myanmar and lead author of the report.
“The legal reforms recommended in this report will be critical to meet these commitments while fulfilling the State’s duty to protect human rights in SEZs. We also suggest that investors take heightened due diligence measures to ensure they are not complicit in rights violations,” he added.
The report was based on extensive legal research as well as interviews with over 100 people, from affected communities to investors and government officials, during 2016.
Key recommendations to the Government of Myanmar
- Protect human rights in Myanmar’s SEZs by amending the SEZ Law, through meaningful public consultation in accordance with international standards.
- Order a moratorium on the development of SEZs, and on entering related investment agreements, until the SEZ Law has been amended to ensure conformity with international human rights law and standards.
- Commission a Strategic Environmental Assessment for the Kyauk Phyu SEZ, in line with Myanmar’s environmental conservation laws. This would involve consultation to inform decision-making on the Kyauk Phyu SEZ and related projects, by identifying cumulative environmental and social impacts of all the developments in Kyauk Phyu, while considering conflict dynamics and economic development in Rakhine State.
- Suspend land acquisition in Kyauk Phyu until after the completion of a resettlement plan that is in line with international standards, as required in the EIA Procedure.
Contact
Sean Bain, ICJ Legal Consultant in Myanmar, t: +95 9263533230 ; e: sean.bain(a)icj.org
Myanmar-SEZ assessment-Publications-Reports-Thematic reports-2017-ENG (full report, in PDF)
Myanmar-SEZ assessment SUMMARY-Publications-Reports-Thematic reports-2017-ENG (executive summary of the report, in PDF)
Myanmar-SEZ assessment full-Publications-Reports-Thematic reports-2017-BUR (Burmese version of full report, in PDF)
Myanmar-SEZ assessment-Publications-Reports-Thematic reports-2017-BUR (Burmese version of the executive summary, in PDF)
Feb 13, 2017 | News
The workshop, held from 11-12 February in Sittwe, brought lawyers and civil society together to discuss of experiences of strategic litigation elsewhere in Myanmar and the region, and consider potential public purpose litigation cases in Rakhine State.
Dr Daniel Aguirre, the ICJ’s International Legal Adviser in Myanmar, provided an introduction to strategic litigation as a method for promoting accountability in a time of transition in governance.
He noted the critical role of independent lawyers in protecting human rights, by representing clients from all communities in Rakhine State.
And he emphasized the importance of strategic litigation as a means to prevent violations and abuses of human rights, or to seek reparations where violations and abuses have occurred.
Kingsley Abbot and Jintana Sakulborirak, from the ICJ’s Asia Regional Office in Thailand, discussed strategic litigation cases from the region, including in northern Thailand where community members have launched an action to appeal the legality of land acquisition for a planned SEZ in Tak Province.
The cases highlighted how media engagement is a critical part of strategic litigation, to raise public attention on human rights issues and demands for accountability in the implementation of investment projects.
Daw Aye Mon Thu, advocate from Dawei Pro Bono Lawyers Network presented the experiences of Heinda Mine cases from Dawei Region, Southern Myanmar, emphasizing the importance of trust-building and cooperation with local community as stake-holder. Such a strategic litigation cases are extremely rare in Myanmar.
Discussions followed about potential cases for strategic litigation from Kyauk Phyu and Sittwe, including issues related to land acquisition for railways construction and an SEZ appear to have been carried out unlawfully in violation of human rights.
Participants discussed the principle of undertaking litigation for broader advocacy objectives rather than solely focusing on actually winning the case in the court.
They also reflected on the challenges and limitations for Myanmar lawyers to undertake strategic litigation.
Highlighting the vital role of lawyers, speakers encouraged participants to consider strategic litigation as a means to challenge unlawful acts that violate or abuse human rights, particularly accompanying business enterprises.
Rakhine State is among Myanmar’s poorest and most isolated provinces, where lawyers and CSOs have had limited exposure to concepts of human rights and international laws.
This workshop, the first of its kind to be held in Rakhine State, is part of efforts to address this gap by building legal literacy on international human rights law and lawyers to consider litigation as a strategy to protect human rights.
Jan 30, 2017 | News
It is with great sadness that the ICJ has learned of Lawyer U Ko Ni’s death at Yangon International Airport today.
An armed man in the crowded airport reportedly shot him in the head at close range, along with U Nay Win a taxi driver who had tried to intervene.
The suspect was reportedly apprehended at the scene.
The ICJ stresses the need for a prompt, thorough and impartial investigation into the killing.
“It is vital that in the current climate of inter-religious tension that the rule of law is seen to prevail and for those responsible to be held criminally accountable,” said Sam Zarifi, the ICJ’s Asia-Pacific Regional Director.
“We await the results of the ongoing investigation,” he added.
U Ko Ni (photo) was a prominent and well-respected legal figure in Myanmar.
He was a respected veteran of the democracy movement, an adviser to the National League for Democracy and Aung Sang Su Kyi.
He was a rare outspoken voice against discrimination and had recently advocated for laws against hate speech and for inter-communal harmony.
U Ko Ni was returning from an official visit to Indonesia with senior Buddhist and Muslim figures aimed at sharing experiences and overcoming inter-religious tensions when the attack occurred.
U Ko Ni was also a patron of the recently formed Myanmar Muslim Lawyers Association.
He was an outspoken critic of the “race and religion laws”, a legislative package of four bills supported by hardline nationalists, as well as a champion of religious tolerance.
“U Ko Ni was a principled lawyer. He was committed to protecting human rights, preventing hate crimes and the rule of law in Myanmar, and his presence as leading advocate will be deeply missed,” Zarifi added.
Dec 6, 2016 | News
Hosted on 3-4 December, the event was attended by a total of 40 participants which includes representatives of CSOs, lawyers, MPs and village track administrators.
The workshop aimed to raise awareness of international standards and best practice of resettlement and development-based eviction and displacement among local community in order to mitigate potential adverse impact associated with the development of the Kyauk Phyu Special Economic Zone.
In the opening, Dr Daniel Aguirre, ICJ International Legal Adviser, outlined the essential role of lawyers and community members in safeguarding human rights and holding the State and investors accountable.
The discussion was led by international experts and experienced and committed leaders of Civil Society Organization.
Susanna Price from Australian National University highlighted key principles of the ADB’s Involuntary Resettlement Policy along with experiences from China, Cambodia and Indonesia.
U Hayman Oo, ICJ Legal Researcher, explained how the UN principles on Development-based Eviction and Displacement are applicable in the context of Myanmar and urged the participants to use these standards for their advocacy work.
U Myo Mrat Hein, the Director and lawyer of the Thazin Legal Aid Group, discussed important issues surrounding the national land acquisition legislation whilst Sean Bain, legal consultant at the ICJ give a brief overview of important provisions of the Myanmar SEZ Law (2014).
The other two guest local speakers shared their first-hand experiences of advocacy work and resettlement issues which occurred during the development of Dawai and Thilawa SEZ respectively.
Participants exchanged strategies and ideas to take preparatory steps to mitigate potential impacts of the KPSEZ in terms of protecting their economic, social and cultural rights, learning from Dawei and Thilawa, as well as from international standards which Myanmar recognizes.
The new Kyauk Phyu SEZ Management Committee, along with Dawai and Thilawa, was formed last month with over 30 members including international and local social and environmental experts.
In a meeting held in Nay Pyi Taw following the establishment of the SEZ Management Committee, Daw Aung San Su Kyi emphasized that the current three SEZs of the country are leading projects for Myanmar’s economic growth.
She also expressed concerns over the potential negative effect of these zones if not properly implemented.
