20TH SESSION OF THE ASSEMBLY OF STATES PARTIES
9 December 2021
Name of the Event: Justice for the Rohingya (co-hosted by No Peace Without Justice (NPWJ), Bangladesh and The Gambia)
Report by: Lotte Peters, Junior Research Associate PILPG-NL
Highlights:
The panelists highlighted that Myanmar must recognize citizenship for the Rohingya and acknowledge acts of genocide committed against them.
Ms. Yasmin Ullah emphasized the need for more rehabilitation efforts in close consultation with Rohingya survivors.
The speakers agreed on the international community’s responsibility to hold Myanmar accountable through multiple international legal avenues.
Speakers:
Ms. Alison Smith, Legal Counsel and Director of the International Criminal Justice Program, NPWJ;
Mr. Hussein Thomasi, Solicitor General and Legal Secretary of Attorney General’s Office and Ministry of Justice of the Republic of The Gambia, Co-Agent in the case of the Republic of The Gambia vs. the Republic of the Union of Myanmar before the ICJ;
H.E. Ambassador Shahidul Haque, Professorial Fellow, South Asian Institute of Policy and Governance, North South University Dhaka;
Ms. Yasmin Ullah, Rohingya social justice activist, Rohingya Diaspora (Toronto);
Mr. Tun Kwin, President of the Burma Rohingya Organization (UK), Rohingya Diaspora (London)
Summary of the Event:
Mr. Hussein Thomasi, delivering opening remarks, emphasized that today, we are witnessing the genocide of the Rohingya in Myanmar, and must use our voice to condemn their oppression and stand for justice. He described The Gambia’s action against Myanmar before the International Court of Justice (ICJ) for violations of the 1946 Convention on the Prevention and Punishment of the Crime of Genocide. At the request of The Gambia, the ICJ ordered Myanmar to take provisional measures to protect the Rohingya people from genocidal acts. Thomasi indicated the importance of this decision, which was celebrated by human rights defenders from all over the world. However, he critiqued the Myanmar government for not complying with these provisional measures, despite their binding nature. He urged the United Nations Security Council to take up the issue.
The second speaker, Yasmin Ullah, underlined that the role of Rohingya survivors in bringing about justice is still superficial; more must be done to ensure that survivors are meaningfully consulted by both state officials and the international community. Although Ullah believed that retributive justice is necessary and important, she noted the limitations of international judicial mechanisms. Therefore, she argued, there should be greater focus on the rehabilitation of survivors.
Tun Khin described the variety of legal efforts currently underway to ensure justice for the Rohingya people. He specifically highlighted the help of the Independent Investigative Mechanism for Myanmar (IIMM) and the cases at the ICJ and ICC, but was determined to pursue as many legal pathways as possible. For instance, he expressed hope for a case based on the principle of universal jurisdiction. Further, he critiqued the international community for failing to take adequate steps to put an end to the crimes against the Rohingya.
H.E. Ambassador Shahidul Haque was the third speaker, who emphasized the complexity of geopolitics in Southeast Asia. He found that Myanmar has been a site of armed conflict for a long time, such as during World War II. He noted how the Myanmar-Bangladesh-India trijunction creates a different dynamic in geopolitics and violent activities. H.E. Mr. Haque reiterated that the focus has been on these geopolitical interests, rather than where it should be, which is on humanity and the Rohingya people’s human rights.
Alison Smith proceeded to ask the panelists for their impressions of the National Unity Government of Myanmar’s stance on justice and accountability. Khin argued that although the National Unity Government has called for inclusive justice, they have not recognized the reality of what is happening to the Rohingya. He highlighted that the Rohingya want to be adequately politically represented, and, most importantly, to be granted citizenship. Ullah agreed: the National Unity Government has failed to address the genocide, avoiding using the word altogether.
Smith concluded the event with one final question: what can we do to support the Rohingya in their quest for justice? H.E. Mr. Haque emphasized the importance of amplifying the voice of the Rohingya people. Otherwise, he was afraid that the camps that the Rohingya people reside in will be taken over by the Arakan Rohingya Salvation Army (ARSA), who are creating instability there. Khin urged states to follow the lead of Canada and The Netherlands in providing support to The Gambia’s ICJ case.