With Poor Human Rights Record, Repatriation Not Possible

While presenting an annual report to the member states at the U.N., Special Rapporteur on human rights in Myanmar Yanghee Lee expressed disappointment in Myanmar's government under State Counsellor Aung San Suu Kyi, stating her hope that it "would be vastly different from the past, but it really is not that much different."

"The government is increasingly demonstrating that it has no interest and capacity to establish a fully functioning democracy for all its people," Lee said during a press conference.  

She also added that the Nobel peace prize laureate is in "total denial" about the mistreatment and violence against the Rohingya which forced over 700,000 to flee across the border to Bangladesh, and questioned her staunch support for the rule of law.

"If the rule of law were upheld, all the people in Myanmar, regardless of their position, would be answerable to fair laws that are impartially applied, impunity would not reign, and the law would not be wielded as a weapon of oppression," Lee said.

The Chair of the U.N. fact-finding mission on Myanmar Marzuki Darusman, who also presented a report to the U.N., echoed similar sentiments, noting that the government's "hardened positions are by far the greatest obstacle."

"Accountability concerns not only the past but it also concerns the future and Myanmar is destined to repeat the cycles of violence unless there is an end to impunity," he said.

One of conditions that contributed to the atrocities committed since violence erupted in August 2017 is the shrinking of democratic space, they noted.

While the arrests of Reuters journalists Wa Lone and Kyaw Soe Oo gripped international headlines, the government has been increasingly cracking down on free speech and human rights defenders in the country.

Most recently, three journalists from Eleven Media—Nayi Min, Kyaw Zaw Linn, and Phyo Wai Win—were detained and are being investigated for online defamation. If charged and convicted, the journalists face up to two years in prison.

Lee and Darusman also expressed concern over the apartheid-like conditions in Myanmar that persist today including restrictions on movement and access to services such as healthcare and education.

While the government is building new infrastructure for both Rohingya still inside the country and those who fled, Lee noted they are usually segregated from Buddhist communities.

If a policy of separation rather than integration continues, atrocities will be committed yet again.

"It is an ongoing genocide," Darusman said.

In the fact-finding mission report which looked into the past year's events, investigators found that four out of five conditions for genocide were met: killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and imposing measures intended to prevent births within the group.

Of those, three conditions can still be seen in the country.

For instance, in 2015, Myanmar's government imposed "birth spacing" restrictions on women, requiring a 36-month interval between children with forced use of contraception in the interim.

The Population Control Healthcare Bill was introduced in response to a 2013 government report that saw "the rapid population growth of the Bengalis as an extremely serious threat."

Prior to this, the government enacted a two-child limit on the Muslim community in Rakhine.

And it is because of these conditions that Rohingya refugees cannot go back.

"Repatriation is not possible now. Unless the situation in Myanmar is conducive, I will not encourage any repatriation. They should not go back to the existing laws, policies, and practices," Lee said.

She urged for the civilian government to adopt laws that protect and advance human rights for all, and for Suu Kyi to use "all her moral and political power" to act.

"Myanmar now stands at a crossroads—they can respond as a responsible member of the United Nations and take up the call for accountability or they can be on the same self-self-destructive road," Darusman said.

Of the actions that can be taken towards the path to accountability is the pardoning of human rights defenders and journalists who have been arbitrarily detained in order to restore democratic space.

Myanmar should also allow for unhindered access for humanitarian actors and U.N. investigators, Lee added.

"I think we are at a point where Myanmar and the international community both are at juncture where the right choice to make will determine the future of not only Myanmar but peace and security in the region and the world," she said.