MOTION FOR A RESOLUTION on Myanmar, notably the situation of the Rohingya

17.9.2019 - (2019/2822(RSP))

with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 144 of the Rules of Procedure

Kati Piri, Agnes Jongerius
on behalf of the S&D Group

See also joint motion for a resolution RC-B9-0050/2019

B9‑0086/2019

European Parliament resolution on Myanmar, notably the situation of the Rohingya

(2019/2822(RSP))

The European Parliament,

–  having regard to its previous resolutions on Myanmar and on the situation of the Rohingya, notably those of 21 March 2015, 7 July 2016, 15 December 2016, 14 September 2017, 14 June 2018, and 13 September 2018;

–  having regard to the Council conclusions of 26 February 2018 on Myanmar/Burma and to those of 10 December 2018;

–  having regard to the restrictive measures on human rights violators put in place by the Council on 25 June 2018 and 21 December 2018  in light of the situation in Myanmar/Burma;

–  having regard to the 1951 United Nations Convention on the Status of Refugees and to the 1967 Protocol thereto;

–  having regard to the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide;

–  having regard to the final report and recommendations of the Kofi Annan-led Advisory Commission on Rakhine State;

–  having regard to the decision of the Ad Hoc Ministerial Committee on Accountability for Human Rights Violations Against the Rohingya of the Organisation of Islamic Cooperation (OIC)  to bring legal action against Myanmar before the International Court of Justice (ICJ), the OIC’s endorsement of the Ministerial Committee decision at the 46th Session of its Council of Foreign Ministers and at the 14th Islamic Summit Conference, and the government of The Gambia’s stated commitment to proceed;

–  having regard to the decision of the Presidency of the International Criminal Court (ICC) of 25 June 2019 to assign the Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar to its Pre-Trial Chamber III to commission an investigation into the crime of deportation from Myanmar to Bangladesh, two waves of violence in Rakhine State, and any other crimes which are sufficiently linked to these events (ICC-01/19-1);

–  having regard to the United Nations Security Council Report of the Secretary-General on conflict-related sexual violence released on 23 March 2018 (S/2018/250);

–  having regard to the United Nations Human Rights Council (HRC) Report of the detailed findings of the Independent International Fact-Finding Mission on Myanmar of 8 August 2018 (A/HRC/42/50), the United Nations HRC Resolution on the situation of human rights of Rohingya Muslims and other minorities in Myanmar of 3 October 2018 (A/HRC/RES/39/2), and the United Nations HRC Report of the Independent Investigative Mechanism for Myanmar of 7 August 2019 (A/HRC/42/66);

–  having regard to the report of the Independent International Fact-Finding Mission on Myanmar on sexual and gender-based violence in Myanmar and the gendered impact of its ethnic conflicts of 22 August 2019 (A/HRC/42/CRP.4);

–  having regard to the Universal Declaration of Human Rights of 1948;

–  having regard to Rule 144 of its Rules of Procedure.

 

1. Whereas since 2017 more than 700,000 Rohingya have fled Myanmar for safety in neighbouring Bangladesh following widespread killings, rape and burning of villages committed by the Myanmar military in Rakhine, Kachin and Shan States, which had been home to over 1 million Rohingya;
2. whereas the Rohingya are the world’s most persecuted minority and constitute its largest stateless group, many of whom live in the largest refugee settlement in the world, Kutupalong in Cox’ Bazaar, Bangladesh;
3. whereas the refugee camps in Bangladesh are overcrowded, have unsanitary conditions,  provide limited access to healthcare for women and children and are extremely vulnerable to natural disasters including monsoons, landslides and floods; whereas grave threats to the security of life, shelter, food and water remain for Rohingya living in these camps; whereas  Rohingya children still lack sufficient access to formal education;
4. whereas Myanmar and Bangladesh have announced repatriation plans; whereas all returns have to be safe, voluntary, dignified, and in line with the principle of non-refoulement;
5. whereas half a million Rohingya are estimated to remain in Rakhine State, where they continue to be subjected to discriminatory policies and practices, arbitrary arrests, confinement to overcrowded camps, a lack of freedom of movement and severely limited access to education and health care;
6. whereas since June 2019, the authorities of Myanmar have imposed a telecommunications blackout on northern and central Rakhine State; whereas there are tight military controls in place limiting access to Rakhine State;
7. whereas  2019 marks the second anniversary of the forced mass exodus of the Rohingya  to Bangladesh to flee the military of Myanmar’s ethnic cleansing campaign; 
8. whereas the  United Nations Independent Fact Finding Mission (UN IFFM) to Myanmar has found sufficient information to warrant the investigation and prosecution of senior military officials of the Myanmar military for grave crimes, including crimes against humanity and likely genocide, committed against the Rohingya;
9. whereas the Council has imposed restrictive measures, including asset freezes and travel bans, on 14 senior military, border guard and police officials in Myanmar responsible for human rights violations committed against the Rohingya population, ethnic minority villagers and civilians; 
10. whereas the Council has imposed an EU embargo on Myanmar/Burma on arms and equipment that can be used for internal repression;  whereas the Council has prohibited the provision of military training to and military cooperation with the Myanmar/Burmese army;
11. whereas the UN IFFM has called on the United Nations Security Council and Member States to impose a comprehensive arms embargo and an embargo on military cooperation with the Myanmar military, and targeted sanctions against military-run companies;
12. whereas the UN IFFM has reported severe deliberate sexual and gender-based violence, including systematic rape, gang rape and forced sexual acts committed by the Myanmar military against Rohingya women, children and transgender people to terrorize and punish ethnic minorities in their cleansing campaign; whereas the Myanmar military reportedly still employs this tactic in the states of Kachin and Shan;
13. whereas the authorities of Myanmar continue to deny their violation of the human rights of the Rohingya; whereas army officials who oversaw the attacks on the Rohingya still retain their posts; whereas the authorities in Myanmar refuse to seriously investigate human rights violations against Rohingya and hold its  perpetrators accountable;
14. whereas an estimated 1.1 million Rohingya are denied access to citizenship under the 1982 Citizenship Law of Myanmar.

 

 

1. Reiterates its strong condemnation of all past and present human rights violations and the systematic and widespread attacks, including killings, harassment, rapes and destruction of property,  perpetrated by the military of Myanmar against the Rohingya population which led to the displacement of hundreds of thousands of civilians within Myanmar and in neighbouring Bangladesh;
2. Expresses its gravest concern about the ongoing conflict and reported sexual and gender-based violence against the Rohingya in Myanmar by its military; condemns such violations of international humanitarian and human rights law and calls once again upon the Government of Myanmar and the security forces to put an immediate stop the ongoing violations, sexual and gender based violence against Rohingya people;
3. Condemns the ongoing discrimination against, and the severe restrictions on freedom of movement and deprivation of basic services imposed on, the remaining Rohingya who are confined to camps and villages in Rakhine State; urges the government of Myanmar to allow full and unhindered access to Rakhine, Kachin and Shan States for international observers and human rights and humanitarian organisations, including UN agencies and international NGOs, and to lift the internet blackout in the remaining four townships of Ponnagyun, Mrauk-U, Kyuakdaw and Minbya;
4. Calls on the government of Myanmar and the international community to hold all those responsible for the atrocities committed against the Rohingya accountable; calls on the authorities of Myanmar to immediately carry out investigations and to bring the perpetrators of human rights violations against the Rohingya to justice;
5. Reiterates its call on the EEAS and the Member States to seek accountability in multilateral fora for the perpetrators of crimes in Myanmar; welcomes, in that regard, the EU leadership in the establishment of the UN Independent Investigative Mechanism for Myanmar (IIMM) to collect, consolidate, preserve and analyze evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011 to facilitate and expedite fair and independent criminal proceedings; takes note of the final report of the UN IFFM on Myanmar and its handover to the IIMM; urges the Government of Myanmar to cooperate fully with the IIMM; calls on the EU, its member states and the international community to ensure the body has all necessary support to execute its mandate;
6. Welcomes the adoption of sanctions by the EU’s Foreign Affairs Council on 24 June 2018 and 21 December 2018 against military and  officials responsible for serious human rights violations against the Rohinya population; calls on the UN Security Council to impose a comprehensive arms embargo on Myanmar and targeted sanctions against officials responsible for serious human rights violations; reiterates its call on the EU and its Member States to take the lead in the UN Security Council on the requested reaction to refer the situation in Myanmar to the ICC; further calls on the EU and its Member States to join and support efforts to open a case on Myanmar’s possible violation of the Genocide Convention before the International Court of Justice;
7. Welcomes the decision of the Presidency of the International Criminal Court (ICC) to assign the Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar to its Pre-Trial Chamber III  in order to open an investigation into crimes under the Court’s jurisdiction committed against the Rohingya population since October 2016; calls on the authorities of Myanmar to cooperate with the ICC; furthermore calls on the UN Security Council to refer the situation in Myanmar to the ICC, including all crimes under its jurisdiction committed against the Rohingya;
8. Commends the efforts undertaken by the government and people of Bangladesh to provide refuge and security to Rohingya refugees, and encourages them to continue to provide humanitarian assistance to the refugees coming from Myanmar; calls on the authorities of Bangladesh to guarantee full access to quality education to Rohingya children without discrimination, to lift restrictions on access to the internet and online communications, as well as freedom of movement, and to ensure security forces operating in the camps uphold all protection standards for the refugees’ personal security;
9. Recalls that the financial responsibility for assisting the refugee population cannot fall disproportionately on Bangladesh; calls for further international support to those communities hosting the refugees, including by addressing domestic social, educational, economic and health care challenges;
10. Recalls further the need for medical and psychological assistance to be provided in the refugee camps, particularly tailored for vulnerable groups including women and children; calls for greater support services for victims of rape and sexual assault;
11. Calls on the authorities of  Myanmar to create conditions and guarantees for the safe, voluntary and dignified return, on a basis of full UN oversight, of those Rohingya who want to return to their land; urges the governments of both Myanmar and Bangladesh to fully respect the principle of non-refoulement; in this regard further calls on the authorities of Myanmar and the military to guarantee the fundamental human rights of the Rohingya population, to immediately end their discrimination, to address accountability in a meaningful manner and to acknowledge or recognise their full citizenship inclusive of accompanying rights and constitutional safeguards;
12. Instructs its President to forward this resolution to the Government and Parliament of Myanmar, State Counsellor Aung San Suu Kyi, the Government and Parliament of Bangladesh, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commission, the governments and parliaments of the EU Member States, the Secretary-General of ASEAN, the ASEAN Intergovernmental Commission on Human Rights, the UN Special Rapporteur on the situation of human rights in Myanmar, the UN High Commissioner for Refugees and the UN Human Rights Council.