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Are we out of options on Myanmar?

A crisis rooted in impunity can only be solved by ensuring total accountability through global action
Are we out of options on Myanmar?

Myanmar military armored vehicles stand in capital Naypyitaw two days after the Feb. 1 coup that ousted Aung San Suu Kyi's democratically elected government. (Photo: AFP)

Published: August 23, 2021 03:54 AM GMT
Updated: August 23, 2021 04:03 AM GMT

In late August of 2017, Rohima Kadu's idyllic village of Chin Khali, Rakhine was visited by Myanmar's much-dreaded military, the Tatmadaw, and its local Buddhist militia associates.

A helpless Rohingya widow of 50, Rohima was at a loss. Her eldest daughter, with whom she was living at that time, was bedridden with malaria and too weak to run. So, Rohima grabbed her grandchildren and fled to a nearby forest. She returned when the pillaging of her village was over, but there was no home to return to. All that remained was the charred skull of her daughter lying on the ground.

Four years later, in April 2021, the stage for the Tatmadaw’s horror show is set in the city of Bago in south-central Myanmar.

A 19-year-old riding a small motorcycle was stopped at a military checkpoint. The teenager was arrested immediately for having pictures on his phone of him attending a protest. The next few days were marked by merciless beatings with cable wires, bottles and butts of guns. Small scissors were used to cut skin off his ears, throat and tip of his nose. With indomitable willpower, he survived the ordeal to let the world know his story.

Between these two realities lies four years of impunity, complacency and injustice. The Tatmadaw's involvement in crimes against humanity is as old as Myanmar itself. However, never has the brunt of horrific violence been so all-encompassing as it is now following February’s coup.

Human Rights Watch in its latest statement said that Tatmadaw-perpetrated violence and abuses in the months since the coup amount to crimes against humanity as per the Rome Statute of the International Criminal Court as these attacks are widespread, systematic, knowingly committed against civilians and reflect the official position of a state institution rather than actions of individual soldiers.

Impunity from the deeds of the past has naturally paved the way to crimes of the future

The list of atrocities include murder, arbitrary detention, enforced disappearances, rape, other sexual and gender-based violence, torture and severe deprivation of liberty.

The crisis in Myanmar has stemmed from a history of impunity. From the 1962 military takeover to the latest one in February, and all the outrageous savagery against ethnic minorities and dissidents in between, the Tatmadaw was never held accountable. The global response to Myanmar’s human right situation was never adequate.

The 2008 constitution and much-lauded “democratic reforms” also ensured total impunity for the security forces from domestic legal accountability. Impunity from the deeds of the past has naturally paved the way to crimes of the future.

A crisis rooted in impunity can only be solved by ensuring total accountability. The upcoming 76th session of the United Nations General Assembly (UNGA) can offer a fresh opportunity for global action to ensure accountability in Myanmar.

On June 18, the assembly adopted a resolution condemning the coup and calling for an arms embargo on Myanmar. While the resolution is non-binding in nature, the language and robust support (119 countries in favor) stand in stark contrast to the diluted responses from the UN Security Council.

There have been calls for the assembly to hold emergency special sessions as per the “Uniting for Peace” resolution which in 1950 succeeded in circumventing persistent Soviet vetoes during the Korean War.

The 76th UNGA will be the first session since the latest military takeover in Myanmar. Moreover, the ongoing Rohingya crisis has entered its fifth year this month, which can be another crucial impetus for firm action.

The legal proceedings against Myanmar initiated by Gambia at the International Court of Justice in 2019 are probably the closest the Tatmadaw leadership has ever been to accountability.

The growing trove of photos, live videos and surveillance footage can be used in building an international criminal case against the junta

The sheer brutality with which it has handled numerous ethnic groups for over 60 years is now on full display against peaceful protesters all over Myanmar. Unlike previous crackdowns, the suppression has coincided with mass access to technology and social media. The growing trove of photos, live videos and surveillance footage can be used in building an international criminal case against the junta. Such evidence can be easily preserved, making prosecution of perpetrators possible even after many years.

Non-recognition can be another potential tool. The UN Human Rights Council has inadvertently lent legitimacy to the junta by allowing its representatives to explain and justify the emergency decree on two separate occasions.

The UNGA credentials committee is supposed to meet before the 76th session to address the representation issue. However, the junta had its own plan to solve the issue as evident from the recently foiled assassination attempt on Kyaw Moe Tun, Myanmar’s National League for Democracy-appointed permanent representative to the UN. The envoy has regularly spoken out against the junta.

As Myanmar is facing a deadly third wave of Covid-19, the world should be extra-cautious so that global aid does not lead to legitimization of the junta during another affliction threatening lives in the conflict-torn country.

Nayd Riham is a Dhaka-based journalist and independent researcher with an interest in the Rohingya crisis and ethno-politics of Myanmar and Southeast Asia. The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.

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