19TH SESSION OF THE ASSEMBLY OF STATES PARTIES
11 December 2020
Summary of the Side Event
Name of the Side Event: Justice and Accountability for Sexual and Gender-Based Crimes Against the Rohingya (Co-hosted by No Peace Without Justice, Amnesty International, the Association against Impunity, the International Federation for Human Rights (FIDH), Fortify Rights, Global Centre for the Responsibility to Protect, Global Justice Center, Human Rights Watch, Parliamentarians for Global Action and the Women’s Initiatives for Gender Justice (WIGJ) & the Embassy of Bangladesh to the Netherlands)
Report By: Alexandrah Bakker and Marielotte van Ballegooijen, Junior Research Associates PILPG-NL
Highlights:
The panelists called on individuals and governments to help rebuild the Rohingya community by putting pressure on the government of Myanmar and its investors, such as China.
The panelists stressed the need for educating Rohingya survivors on how they can participate in proceedings.
The panelists emphasized the importance of recognizing both male and female victims of sexual violence, due to the stigma surrounding these crimes for men and boys.
Summary of the Event:
On the final day of ASP side events, several civil society organizations together with the Embassy of Bangladesh to the Netherlands hosted this side event to discuss justice and accountability for sexual and gender-based crimes against the Rohingya. Mr. Riaz Hamidullah, Ambassador of Bangladesh to The Netherlands, opened the event by emphasizing Bangladesh’s continuing support for the Rohingya in Bangladesh. Mr. Hamidullah denounced the international community for their failure to act in the face of undisputed crimes. He mentions that human rights, as universal norms, must not be applied selectively. Accountability is a necessity, and therefore cannot be left to the will of certain actors. He particularly emphasized Bangladesh’s commitment to pursuing accountability for sexual and gender-based violence (SGBV) in armed conflict.
Mr. Tun Khin, President of the UK’s Burma Rohingya Organisation, observed that despite the provisional measures pronounced by the International Court of Justice (ICJ), Myanmar continues to deny the Rohingya’s existence and exclude them from participating in society. They did this through, for instance, the general elections held on November 8, 2020. Fighting has increased over the last six months, which has seen the situation deteriorate for all people in the Rakhine State. The Rohingya have found themselves in overcrowded camps in which basic needs are not met, while the Myanmar military continues to commit extra-judicial killings and gender-based violence. Mr. Khin called for greater action from the international community. He advocated for more states to support trials and investigations, as well as to pressure Myanmar to improve the human rights situation of the Rohingya so they can be repatriated. In particular, he called for support for Rohingya communities to ensure that they remain at the center of any action that is taken on their behalf.
Ms. Yasmin Ullah, a Rohingya activist, stressed the need for a victim-centered approach to legal proceedings. This requires a conscious effort by the ICC OTP to reach out to victims and advocate to minimize the risk of re-traumatization of all victims, including victims of SGBV. Ms. Ullah emphasized the instrumentalization of SGBV by the military in Myanmar and its long-term consequences, including long-term victimization, sex trafficking, and community breakdown. She appreciated the way SGBV was highlighted by lawyers in the Gambia v. Myanmar case at the ICJ. This case is empowering, she noted, because while Myanmar’s government has consistently denied the experiences of the Rohingya, international actors show support to the victims. Ms. Ullah especially called for support and investment in Rohingya civil society, specifically focusing on youth. She noted that while accountability processes may take years, community rebuilding cannot wait. She called for action by all civil society actors to rebuild the community.
Prof. Imtiaz Ahmed, Director of the Centre for Genocide Studies at the University of Dhaka, responding to the previous speakers, noted that the state reproduces hate. He referenced the situations of the Biharis in Pakistan and the Jewish population in Germany as examples in which the state mitigated and eliminated hatred between groups by refusing to reproduce it. As a result, while he considers the legal processes to be important, he mentions that this is ultimately a political struggle. Mr. Ahmed listed four ways in which the international community can take action. He noted that much of this action can be taken not only by states or political bodies but also by individuals. First, they can pressure Myanmar. Second, they can pressure states who invest in Myanmar, such as China, Japan, and India. Third, on a micro-level, they can pressure individual companies who invest in Myanmar. Fourth, Mr. Ahmed called for the establishment of a political organization of the Rohingya at the international level.
Ms. Laetitia van den Assum, an independent diplomatic expert and former Dutch ambassador, provided concluding remarks by reiterating Mr. Tun Khin’s call for the provision of education to displaced Rohingya. She added that a lot of healing and reconciliation is necessary before repatriation is possible. Ms. Van den Assum additionally stressed the importance of explicitly including male victims in conversations relating to SGBV. It is well documented that Rohingya men and boys are among the many victims of sexual violence and that these victims may be less inclined to speak up due to the additional stigma attached to such crimes for the male gender. To conclude, Ms. Van den Assum emphasized the urgency of taking measures to appropriately protect witnesses who participate in legal proceedings.