Report Confirms Human Rights Experts’ Charges that Commission Won’t Provide Real Accountability

NEW YORK – The Independent Commission of Enquiry (ICOE), established by the Government of Myanmar to investigate human rights abuses in Rakhine State, submitted its final report to Myanmar’s government today. The full report is not yet public and its submission comes days before an International Court of Justice ruling that could impose immediately binding obligations on Myanmar.

The report acknowledged some human rights abuses occurred in the context of what it deemed an “internal armed conflict,” but found no evidence of genocidal intent, contradicting independent United Nations investigations and numerous human rights organizations. The Commission also asserts that its full report and annexes can be used as the basis for domestic investigations, including by the military justice system as a venue for accountability, despite the military’s history of protecting soldiers who carried out human rights abuses and the significant flaws of the system. The report also seemingly fails, like the Government of Myanmar, to use the term “Rohingya” which continues to deny the identity of the group.

“All signs point to what human rights experts and Rohingya themselves already know, which is that the government has no intention of bringing perpetrators of mass rape and other genocidal crimes to justice,” said Akila Radhakrishnan, president of the Global Justice Center. “This Commission is just yet another domestic attempt to deflect responsibility and whitewash the situation of the Rohingya.”

The ICOE was established in June 2018 to investigate allegations of human rights abuses in Rakhine state. The Commission said from the outset it would not seek to hold anyone accountable and it was formed to “respond to false allegations made by UN agencies.” This bias, as well as a lack of transparency around the Commission’s methods, led the United Nations Independent International Fact-finding Mission on Myanmar to conclude last year that the commission “does not constitute an effective independent investigations mechanism.”

“The UN Fact-Finding Mission was right when it said accountability must come from the international community,” said Radhakrishnan. “We must continue to support ongoing efforts seeking true accountability for the crimes against the Rohingya, including The Gambia’s case at the International Court of Justice and the International Criminal Court’s current investigation.” 

Excerpt of Inter Press Service article that features GJC President Akila Radhakrishnan.

Meanwhile, Roth also echoed thoughts from experts who have previously said that one of the reasons the Security Council had not been able to take steps against Myanmar is because of pressure from China. 

In November, on the heels of a lawsuit being filed against Myanmar by the Gambia, Akila Radhakrishnan of the Global Justice Center expressed similar concerns to IPS.

“Security council has consistently failed to act because of China — there’s no possibility of any strong action,” Radhakrishnan had said, reiterating why it’s important for states to directly take action against Myanmar.  

In that regard, especially with Roth’s concerns about China “intimidation of other governments” with threats, one issue of concern would be China’s relations with the Gambia, which has grown in the past few years. 

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Excerpt of The New Daily article that features a GJC tweet.

The Nobel peace prize Laureate, once heralded as a human rights champion, also said the government was working to boost “social cohesion” between the Rohingya people and the rest of the country.

“Mr President, how can there be an ongoing genocide or genocidal intent when these concrete steps are being taken in Rakhine?” she said.

Human rights groups have refuted Ms Suu Kyi’s version of events.

The Global Justice Centre slammed her picture of an internal military conflict with “no genocidal intent” against the Rohingya as “completely false”.

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