Posts Tagged ‘Elaine Pearson’

Genocide case against Rohingya population progresses

July 27, 2022

The International Court of Justice (ICJ) on 22 July, 2022, rejected Myanmar’s preliminary objections to the case brought by Gambia under the international Genocide Convention. The case concerns Myanmar’s alleged genocide against the ethnic Rohingya population in Rakhine State, with a focus on military operations launched in October 2016 and August 2017.

Gambia filed the case before the ICJ in November 2019 alleging that the Myanmar military committed the genocidal acts of “killing, causing serious bodily and mental harm, inflicting conditions that are calculated to bring about physical destruction, imposing measures to prevent births, and forcible transfers … intended to destroy the Rohingya group in whole or in part.”

The ICJ decision opens the door toward an overdue reckoning with the Myanmar military’s murderous campaign against the Rohingya population,” said Elaine Pearson, acting Asia director at Human Rights Watch. “By holding the military to account for its atrocities against the Rohingya, the World Court could provide the impetus for greater international action toward justice for all victims of the Myanmar security forces’ crimes.”

In February 2022, the ICJ heard Myanmar’s four objections challenging the court’s jurisdiction and Gambia’s legal standing to file the case, as well as Gambia’s response.

In response to Myanmar’s argument that Gambia has no standing to bring the case due to its lack of ties to Myanmar or the Rohingya, the court concluded, “All the States parties to the Genocide Convention thus have a common interest to ensure the prevention, suppression and punishment of genocide, by committing themselves to fulfilling the obligations contained in the Convention.”

By rejecting the preliminary objections, the ICJ is allowing the case to proceed on the merits to examine Gambia’s genocide allegations against Myanmar. Myanmar will now have to submit its response to Gambia’s main arguments filed in October 2020 detailing its case.

The ICJ case is not a criminal case against individual suspects, but a legal action brought by Gambia against Myanmar alleging that Myanmar bears responsibility for genocide as a state.

In December 2019, the court held hearings on Gambia’s request for provisional measures to protect the Rohingya remaining in Myanmar from genocide, which it unanimously adopted in January 2020. The provisional measures require Myanmar to prevent all genocidal acts against the Rohingya, to ensure that security forces do not commit acts of genocide, and to take steps to preserve evidence related to the case. The court also ordered Myanmar to report on its compliance with the provisional measures every six months.

Myanmar is legally bound to comply with the order. However, Human Rights Watch and other groups have continued to document grave abuses against the 600,000 Rohingya remaining in Myanmar, contravening the provisional measures.

The court’s decision on Myanmar’s preliminary objections should encourage the United Kingdom, Netherlands, Canada, and other concerned governments to support Gambia’s case through formal interventions to bolster the legal analysis on specific aspects of the Genocide Convention as it relates to the Rohingya, Human Rights Watch said.

Under article 41(2) of the ICJ Statute, the court’s order for provisional measures is automatically sent to the UN Security Council. As the fifth anniversary of the military’s atrocities against the Rohingya approaches, Security Council members should take steps to address the failure to secure justice and security for the Rohingya. Council members should work to adopt a resolution that gives the International Criminal Court (ICC) a mandate over the situation in Myanmar and severs the junta’s supply of arms and revenue, even if the resolution would be vetoed by Russia or China.

As the Myanmar armed forces continue to carry out atrocities against civilians and ethnic minorities, the ICJ remains one of the few available paths for holding the military to account. Ethnic groups and human rights defenders have aligned in Myanmar to push for the establishment of democratic rule, efforts that are amplified by the pursuit of justice at the ICJ.

“Concerned governments seeking to be leaders for accountability in Myanmar should formally intervene in the Genocide Convention case,” Pearson said. “The case provides an important opportunity to scrutinize the Myanmar military’s abusive policies and practices that have preserved its power over decades.”

https://www.hrw.org/news/2022/07/22/world-court-rejects-myanmar-objections-genocide-case

Human Rights Defender Angkhana Neelapaijit in Thailand harassed

April 14, 2022
Photo captured on a security camera of the alleged assailant, a woman wearing a mask and a black t-shirt.
Photo captured on a security camera of the alleged assailant, a woman wearing a mask and a black t-shirt. © 2022 Private

The authorities in Thailand should urgently investigate an incident intended to intimidate a prominent human rights defender, Human Rights Watch said on 13 April, 2022.

On April 12, 2022, at about 6 a.m., an unidentified assailant threw a pair of 9-inch-long scissors at the house of Angkhana Neelapaijit in Bangkok, making a hole in her front door. Security camera footage showed what appeared to be a woman wearing a face mask and a dark t-shirt with the Thai numeral 9 standing in front of the house, throwing the scissors, and then running away. Angkhana, 66, is a former commissioner of the National Human Rights Commission of Thailand and a newly appointed member of the United Nations Working Group on Enforced or Involuntary Disappearances. See: https://www.trueheroesfilms.org/thedigest/laureates/0D5DED3E-F79F-4AB4-8261-F6A19486F062

Violent acts intended to intimidate a well-known figure like Angkhana not only pose a threat to her and her family, but send a spine-chilling message to the entire Thai human rights community,” said Elaine Pearson, acting Asia director at Human Rights Watch. “The Thai government should respond immediately by undertaking a serious investigation to ensure that everyone responsible for this incident is held accountable.”

Angkhana told Human Rights Watch that she and her family felt vulnerable after the Justice Ministry canceled her protection under the government’s witness protection program on April 1. The authorities claimed the service was no longer needed because Angkhana’s life would no longer be in danger after the Department of Special Investigation ended its investigation of the enforced disappearance of her husband, the prominent human rights lawyer Somchai Neelapaijit. [See also: https://humanrightsdefenders.blog/2021/03/17/where-is-somchai-a-brave-wifes-17-year-quest-for-the-truth/]

The Thai government should not ignore this disturbing incident, which appears to be a response to Angkhana’s effective human rights advocacy,” Pearson said. “Foreign governments and the United Nations should press the Thai government to urgently act to protect Angkhana and other human rights defenders in the country.”

https://www.hrw.org/news/2022/04/13/thailand-prominent-rights-defender-harassed

Aziz: thank you for the attention but now I have go back to detention…

February 18, 2019

Last Wednesday, 13 February 2019, Abdul Aziz Muhamat was awarded the 2019 Martin Ennals Award for human rights defender in Geneva. Some time earlier Behrouz Boochani was awarded the Australian Victorian Prize for Literature. What they have in common is that they are detained – for almost 6 years – on Manus Island under Australia’s off-shore refugee policy.  Their stories testify to the cruelty of this regime and the humanitarian deficiency of a country that claims a strong liberal tradition and is itself a nation based on immigration. Successive governments have defended this policy as necessary to stop trafficking although it is hard to see how forced stays of such length would attract anybody except the most desperate refugees. And anyway even those recognized as refugees would not be allowed to settle in Australia!

Aziz’ impassioned acceptance speech in Geneva, spoke of the solidarity he feels for his fellow detainees in the face of daily humiliating and degrading treatment. Therefore he vowed to return to his detention centre in the Pacific, return to be a number (“On the island, officials refer to me as QNK002. I have no identity other than that number“). See:

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