Evidencias del Caso Myanmar

Caso n° 02/2015:

Myanmar (Burma)

 

HONORABLE JURADO DEL COMITÉ INTERNACIONAL DE ETICA BUDISTA (CIEB) y TRIBUNAL BUDISTA DE DERECHOS HUMANOS (TBDH)

P R E S E N T E . –

En la presencia del Presidente y Guía Espiritual del CIEB-TBDH Maestro Budista Maitreya, y de la Secretaria Ejecutiva del CIEB-TBDH Maestra Yan Maitri-Shi, se aborda el caso de GENOCIDIO denunciado por la World Association of Buddhism (WBA) frente a Myanmar.-

 

Sekkha Dhamma, en cuanto Fiscal del CIEB y el TBDH, reconozco el arduo y organizado trabajo que se realizó para la amplia recopilación de Pruebas en este caso, de igual forma, agradezco la aportación de las mismas para el análisis que concierne a la Parte que represento. Dicho esto, con el debido respeto comparezco a exponer:

Recibido el listado de medios digitales que fueron reunidas, ordenadas y a la vez confirmadas en su orden y contexto como Pruebas por parte de la Secretaria Ejecutiva del CIEB y TBDH Maestra Yan Maitri-Shi, doy paso a la Tercera Etapa del Procedimiento denominada: “VALORACION DE LAS PRUEBAS”, misma que se establece en el Acta Constitutiva del CIEB y TBDH para efecto de conocer, establecer, dictaminar y determinar la Responsabilidad de las acciones y omisiones cometidas por Myanmar (Burma), por el Gobierno del Presidente Thein Sein, Fuerzas Policíacas y de Seguridad y Grupos Extremistas Budistas, contra las Poblaciones Musulmanas del Estado de Arakan. Esta Acusación de GENOCIDIO es un Requerimiento realizado por la WORLD ASSOCIATION OF BUDDHISM en el ámbito de la Ética Budista y los Derechos Humanos, acto que sigue a continuación:

 

VALORACION DE PRUEBAS

PRIMERA VALORACION.- Al ser la parte medular de esta parte procesal, es necesario señalar los Medios Probatorios ofrecidos por la Secretaria Ejecutiva del CIEB y TBDH Maestra Yan Maitri-Shi, y presentarlos formalmente al Jurado para su conocimiento, mismos que se componen de 29 Evidencias que validan la Acusación motivante del actual proceso, intituladas con la Violación, Ilegalidad o Delito correspondiente en contra de la Espiritualidad Budista y de los Derechos Humanos, hechos perpetrados en Myanmar (Burma) por el Gobierno del Presidente Thein Sein, Fuerzas Policíacas y de Seguridad y Grupos Extremistas Budistas contra las Poblaciones Musulmanas del Estado de Arakan. Estas Evidencias, que provienen mayormente de testimonios escritos o audiovisuales, se enlistan a continuación:

EVIDENCIA 1: Validez del Comité y Tribunal Budista

EVIDENCIA 2: Indiferencia Policial

EVIDENCIA 3: Falta de libertad

EVIDENCIA 4: Caso de limpieza étnica

EVIDENCIA 5: Retórica Anti-Musulmán

EVIDENCIA 6: Ley que prohíbe el matrimonio entre religiones

EVIDENCIA 7: Falla al prevenir el genocidio

EVIDENCIA 8: Crímenes contra la humanidad

EVIDENCIA 9: Complicidad del gobierno

EVIDENCIA 10: Campaña de limpieza étnica

EVIDENCIA 11: Testimonios de fosas comunes

EVIDENCIA 12: Testimonios Rohingya sobre genocidio

EVIDENCIA 13: Escape de los Rohingya

EVIDENCIA 14: Campos de concentración                                                                              

EVIDENCIA 15: Negación de Ciudadanía

EVIDENCIA 16: Negación de Nacionalidad a los Rohingya

EVIDENCIA 17: Rohingya excluidos del Censo Nacional de Población

EVIDENCIA 18: Deportación y traslados forzados de población

EVIDENCIA 19: Persecución

EVIDENCIA 20: Terror con limpieza étnica

EVIDENCIA 21: Segregación Social

EVIDENCIA 22: Lento genocidio contra los Rohingya

EVIDENCIA 23: Violencia contra personas inocentes

EVIDENCIA 24: Segregación racial y genocidio

EVIDENCIA 25: Desatención en cuanto salud y alimentación

EVIDENCIA 26: Tortura

EVIDENCIA 27: Destrucción de negocios y construcciones musulmanas

EVIDENCIA 28: Disturbios perpetrados por budistas

EVIDENCIA 29: Terrorismo de Estado.-

 

SEGUNDA VALORACION.- De las Pruebas aportadas no cabe la menor duda sobre la autenticidad de las mismas, considerando su procedencia, ya que en ellas reside Testimonio o Declaración de Organizaciones Mundiales que velan por los Derechos Humanos como es el caso de HUMAN RIGHTS WATCH; con el resto de las Pruebas, cada testimonio recopilado proviene de un enlace de internet donde se encuentra la información correspondiente que respalda y robustece la evidencia a través de un artículo o noticia. Sobre todos los artículos que se ofrecen como probanza y que además se etiqueta en los mismos las acciones y omisiones perpetradas en Myanmar (Burma) como faltas terribles a la Ética Budista y una clara Violación a los Derechos Humanos, (esto sin perjuicio de que a la vez se configuren los elementos constitutivos de Delitos y su Responsabilidad Penal, caso que no ocupa ni compete decidir jurisdiccionalmente en este asunto por nuestra Parte), no hay objeción, descalificación o invalidación del contenido digital por la Parte que represento, en virtud de que son medios digitales que proceden de fuente digna y que además se publicaron en su momento de manera formal y abierta sobre actos, hechos, sucesos y declaraciones plasmados en escritura y en video, de las cuales no cabe duda sobre su autenticidad o veracidad, más aun cuando no fueron interpuestos recursos legales, declaraciones o aclaraciones para descargo de responsabilidad, inconformidad expresa y directa respecto a lo publicado, ejercido el derecho de réplica o dar pie a una investigación sobre el origen, reputación y la veracidad de lo expresado por el medio público de información, esto a cargo Myanmar (Burma), por el Gobierno del Presidente Thein Sein, Fuerzas Policíacas y de Seguridad y Grupos Extremistas Budistas contra las Poblaciones Musulmanas del Estado de Arakan.-

 

TERCERA VALORACION.- Por lo expuesto, publicado, declarado y reproducido en los medios de comunicación y organismos defensores de los Derechos Humanos que ahora son presentados como Prueba digital para este caso por la Secretaria Ejecutiva del CIEB y TBDH Maestra Yan Maitri-Shi, se determinan dichas probanzas por la Parte que represento en cuanto Fiscal del CIEB y TBDH como LEGITIMAS y VALIDAS, mismas que respaldan y confirman la Acusación que presenta la WORLD ASSOCIATION OF BUDDHISM (WBA) por el Delito de GENOCIDIO y múltiples Violaciones de Derechos Humanos que a la vez se consuman en Delitos, y en Violaciones a la Ética Budista perpetrados en detrimento del pueblo musulmán denominado Rohingya, residentes del Estado de Arakan en Myanmar (Burma).-

En tal situación, se da inicio a la Cuarta Etapa del Procedimiento denominada de “CONTESTACION”, en la cual se establece el término de 5 cinco días a la Parte Acusada y Requerida Myanmar (Burma), a fin de que emita la Contestación que deseen o les corresponda frente a la Acusación y Requerimiento con respecto a las Pruebas aportadas, aceptadas y valoradas en el presente escrito.-

 

Sekkha Dhamma

Fiscal del CIEB y TBDH

México mes de Abril del año 2015 dos mil quince.-

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Case against Myanmar (Burma)

 

EVIDENCE 1: Validity of the Committee and Buddhist Tribunal

Isabelle Arradon (deputy Asia director for Amnesty International): “A Truth-Finding Committee is a positive step, as long as it is part of an independent investigation to determine responsibility for the violence (in Burma) and its findings are released to the public, (…) But such a commission should not bar or replace criminal justice, or reparation for crimes under international law.” (http://www.aljazeera.com/indepth/features/2013/05/20135111126387968.html  May 2, 2013)

 

 

EVIDENCE 2: Police indifference

Win Htein (loyalty to Aung San Suu Kyi and the National League for Democracy): “I saw eight boys killed in front of me. I tried to stop the crowd, I told them to go home. But they threatened me, and the police pulled me away. (…) “The police did not do anything – I don’t know why “. (…) “On the bank thousands of people were cheering. When someone was killed, they cheered. And they were shouting ‘they killed our monk yesterday, we must kill them’. There were women, monks, young people. I feel disgusted – and ashamed.” (http://www.bbc.com/news/world-asia-22023830  April 4, 2013)

Anonymous Testimony: “The policemen were telling us to go back in to the village. At that time the Arakanese were coming toward us. We were trapped,” (…) “First they said they would protect us but when the violence started they took sides with the Arakanese people”.  (http://www.telegraph.co.uk/news/worldnews/asia/burmamyanmar/10008702/Burmese-security-filled-mass-graves-with-Muslims.html  April 22, 2013)

Nor Mohammed (Muslim leader of Joon Mosque): “On the night of the incident, the police were stationed at the right places. But they didn’t act to stop that mob. That’s why it got out of hand. (…) In their view, the Muslim population is growing fast, so we’ll eventually gobble up their kind. At any race, that’s their excuse. I believe someone is pulling the strings behind the scenes. (…) I dare not say”, (https://www.youtube.com/watch?v=GtAl9zJ3t-M  Source:  AJ Plus)

 

 

EVIDENCE 3: Lack of freedom

Pierre Peron (Office for the Coordination of Humanitarian Affairs in Myanmar): “Lack of movement means people don’t have access to their fields to go farming, don’t have access to the sea to go fishing, don’t have access to markets to trade,” (…) “The impact on freedom of movement is quite massive on hundreds of thousands of people.” (http://edition.cnn.com/2014/11/11/world/asia/myanmar-rohingya-minority/index.html       November 12, 2014)

Brad Adams (Human Rights Watch): “The Rohingyas are the world most forgotten abused people (…) There is not a part of a mature political discord it’s actually a signal to continue discriminate and the target are the Rohingya” (https://www.youtube.com/watch?v=RfC0aJwZjFI )

 

 

EVIDENCE 4: Case of ethnic cleansing

Matthew Smith (executive director of Fortify Rights): “There couldn’t be a clearer case of ethnic cleansing,” (…) “The authorities and local Buddhist populations are trying to change the ethnic demographics of the state through terror-inspiring means, and in some cases violence.” (http://edition.cnn.com/2014/11/11/world/asia/myanmar-rohingya-minority/index.html       November 12, 2014)

Human Righst Watch:Buddhist monks, political-party operatives and government officials organized themselves to permanently change the ethnic demographics of the state” (by removing every trace of the Rohingya). (http://world.time.com/2013/04/23/burma-accused-of-ethnic-cleansing-for-rohingya-violence/  April, 23, 2013)

Kyaw Myint (president of the National Democratic Party for Human Rights): They have their strategy, and they have done all these things as a planned, well-designed operation,” (http://world.time.com/2013/04/23/burma-accused-of-ethnic-cleansing-for-rohingya-violence/  April, 23, 2013)

 Nay San Lwin, (Rohingya activist now living in Germany): “100% sure the government is behind the killing. (…) If [the government] had the will to, they could stop [the violence] immediately,” (…). “If they continue like this, you will not find any Rohingya inside the country in five years’ time.” (http://world.time.com/2013/04/23/burma-accused-of-ethnic-cleansing-for-rohingya-violence/  April, 23, 2013)

 

 

EVIDENCE 5: Anti-Muslim rhetoric

Matthew Smith (executive director of Fortify Rights): “(extremists were) using social media as a platform to spread hateful anti-Muslim rhetoric and in some cases to incite violence.” (http://edition.cnn.com/2014/07/04/world/asia/myanmar-mandalay-religious-violence/  July 7, 2014)

 

 

EVIDENCE 6: Law prohibiting interfaith marriage

Thin Thin Aung (member of Women’s League of Burma):  “The objective is against Muslim people,” (…) “Almost all parts of these bills are aimed to target Muslims (…) it’s based on hatred against this minority religion.”  (http://edition.cnn.com/2014/05/29/world/asia/myanmar-interfaith-marriage-laws/index.html  June 4, 2014)

Mark Farmaner, director of Burma Campaign UK: “Ethnic and religious minorities in Burma are already suspicious that the Burman Buddhist dominated central government wants to either assimilate or suppress them,” (…) “The interfaith marriage laws play into the greatest fears of ethnic and religious minorities that the government sees the country as a Burman Buddhist country where ethnic and religious minorities are not considered equal.” (http://edition.cnn.com/2014/05/29/world/asia/myanmar-interfaith-marriage-laws/index.html  June 4, 2014)

 

 

EVIDENCE 7: Failing to prevent genocide

Matthew Smith (executive director of Fortify Rights): “It’s patently discriminatory,” (…) “The fact that lawmakers in Myanmar are considering a law like this now should serve as a wake-up call to the international community. Anti-Muslim discrimination is reaching unprecedented heights.” (…) “In Rakhine state, there’s an argument to be made that the government is failing to uphold its obligation to prevent genocide,” (…) “Passing a discriminatory law like this wouldn’t help the situation there.” (http://edition.cnn.com/2014/05/29/world/asia/myanmar-interfaith-marriage-laws/index.html  June 4, 2014)

Prudentienne Seward (survivor of the genocide in Rwanda):The United Nations has taken 20 years to apologise for its failure to recognise and prevent the Rwandan genocide; the international community should not repeat the same mistake in Myanmar”. (http://www.huffingtonpost.co.uk/tun-khin/rohingya-genocide-burma-being-ignored_b_5254141.html  May 5, 2014)

 

 

EVIDENCE 8: Crimes against humanity

Human Rights Watch: “Conforme al derecho internacional, los crímenes de lesa humanidad son delitos cometidos como parte de un ataque generalizado o sistemático perpetrado por un gobierno u organización contra una población civil. Entre los delitos de lesa humanidad cometidos contra los rohingyas desde el mes de junio se cuentan asesinatos, deportaciones, traslados forzados de la población y persecuciones.” (http://www.hrw.org/es/news/2013/04/22/birmania-debe-poner-fin-la-limpieza-etnica-de-musulmanes-rohingyas  por HRW 22/04/2013)

Tomás Ojea Quintana (UN special rapporteur on Human Rights): (the developments in Rakhine were the latest in a) “long history of discrimination and persecution against the Rohingya Muslim community which could amount to crimes against humanity”. (http://www.aljazeera.com/news/asia-pacific/2014/09/myanmar-confirms-controversial-rohingya-plan-2014930193550936131.html  September 30, 2014)

Phil Robertson (deputy Asia director of Human Rights Watch):  “Burma should accept an independent international commission to investigate crimes against humanity in Arakan State, locate victims, and provide redress,” (…) “Burma’s donors need to wake up and realize the seriousness of the Rohingya’s plight, and demand that the government urgently stop abuses, promote the safe return of displaced Muslims, and ensure accountability to end the deadly cycle of violence in Arakan State” (http://www.hrw.org/news/2013/04/22/burma-end-ethnic-cleansing-rohingya-muslims  April 22, 2013)

Human Rights Watch:   “Many of the serious abuses committed against the Rohingya and other Muslims in Arakan State since June 2012 amount to crimes against humanity.” (…) “According to the Rome Statute of the International Criminal Court (ICC), crimes against humanity are certain criminal acts, including murder, torture, and persecution “committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.” International legal jurisprudence provides that the attack must be widespread or systematic, but need not be both. “Widespread” refers to the scale of the acts or number of victims and a “systematic” attack indicates “a pattern or methodical plan.” The attack must also be part of a state or “organizational” policy.” (…) “Non-state organizations – such as the RNDP and the Buddhist sangha (order of monks) in Arakan State – can be responsible for crimes against humanity if they are demonstrated to have a sufficient degree of organization.”  (…) “Forced population transfers, forced deportation, and persecution are specific crimes against humanity set out by the Rome Statute and other international courts that are particularly relevant to the situation in Arakan State.” (http://www.hrw.org/node/114872/section/13  Reported by HRW)

 

 

EVIDENCE 9: Government complicity

Master Yan Maitri-Shi: According to the prestigious human rights organization Human Rights Watch, many violations of human rights especially against the Rohingya and other Muslim people are occurring while the Burma government is doing nothing to prevent or solve this serious situation. There is talk of ethnic cleansing, digging mass graves to destroy evidence of crimes, government complicity is such acts, among other things. (http://www.hrw.org/news/2013/04/22/burma-end-ethnic-cleansing-rohingya-muslims  April 22, 2013)

Phil Robertson (deputy Asia director of Human Rights Watch):  : “En octubre, las fuerzas de seguridad miraban hacia otro lado mientras turbas de arakaneses atacaban los asentamientos de musulmanes, o bien se sumaban a la matanza y las quemas”, (…). “Seis meses más tarde, el gobierno sigue culpando a la ‘violencia en la comunidad’ por las muertes y los destrozos cuando, en realidad, el gobierno sabía lo que estaba ocurriendo y pudo haber actuado para impedirlo”. (…) “Funcionarios locales y líderes de la comunidad participaron en un esfuerzo organizado para demonizar y aislar a la población musulmana como preludio a sanguinarios ataques perpetrados por turbas”, (…). “Incluso, desde la matanza, el gobierno central no ha adoptado ninguna medida para castigar a los responsables ni revertir la limpieza étnica de los musulmanes que fueron desplazados por la fuerza”. (http://www.hrw.org/es/news/2013/04/22/birmania-debe-poner-fin-la-limpieza-etnica-de-musulmanes-rohingyas  April 22, 2013)

 

 

EVIDENCE 10: Campaign of ethnic cleansing

Phil Robertson (deputy Asia director):  “The Burmese government engaged in a campaign of ethnic cleansing against the Rohingya (Muslims) that continues today through the denial of aid and restrictions on movement,” (…) “The government needs to put an immediate stop to the abuses and hold the perpetrators accountable or it will be responsible for further violence against ethnic and religious minorities in the country.” (http://www.hrw.org/news/2013/04/22/burma-end-ethnic-cleansing-rohingya-muslims  April 22, 2013)

Human Rights Watch:For instance, on June 13, a government truck dumped 18 naked and half-clothed bodies near a Rohingya displaced person camp outside of Sittwe, the state capital. Some of the victims had been “hogtied” with string or plastic strips before being executed. By leaving the bodies near a camp for displaced Rohingya, the soldiers were sending a message – consistent with a policy of ethnic cleansing – that the Rohingya should leave permanently. (…) “Said a Rohingya man, who saw the bodies being dumped: Three bodies had gunshot wounds, Some had burns, some had stab wounds, One gunshot wound was on the forehead, one on the chest.” (http://www.hrw.org/news/2013/04/22/burma-end-ethnic-cleansing-rohingya-muslims  April 22, 2013)

 

 

EVIDENCE 11: Mass graves testimonies

Human Rights Watch: Human Rights Watch uncovered evidence of four mass-grave sites in Arakan State, three dating from the immediate aftermath of the June violence and one from the October violence. Rohingya men who participated in digging mass graves told us that they did so under orders from the authorities in four different areas: Yan Thei village in Mrauk-U Township and at three different sites near the Ba Du Baw IDP camp outside Sittwe. Several Rohingya said they had witnessed a large mass grave being dug by army personnel outside Ba Du Baw IDP camp.” (…) “Witnesses said that on June 13, a government truck arrived at an area outside Ba Du Baw IDP camp and dumped 18 naked and half-clothed bodies in a pile. (…) Human Rights Watch obtained photos from local sources showing a cluster of bodies, including at least one of a child. Although Human Rights Watch was unable to confirm the identities of the victims, local witnesses and those who buried the bodies asserted they were Rohingya .(…) Some bodies had their hands still bound, and appeared to have been killed execution style.  Many showed signs of blunt force trauma, stab wounds, and gunshot wounds. Human Rights Watch visited the location where the photos were taken and learned at least three Rohingya men had been ordered to bury the bodies in two nearby graves.”                                                                            (http://www.hrw.org/node/114872/section/8)

Rohingya elderly man: “All the bodies were placed in a mass grave. I personally buried them.” (…) “They were waiting for the government to mete out justice. But no action was taken.” (…) “After 2 pm, they asked me for petrol. But I couldn’t supply them with any. They brought me out of the house to the front yard and hit me on my back with the butt of a gun. Then they took me to the NaSaKa camp. They shackled my legs. I was severely beaten.” (…) “When the government forces surrounded the village, they captured the village leaders. People were running away. They thought they might be captured. Then government forces opened fire. Children were followed their fathers into the creek. Some of them were shot dead as they run and others swam across the creek. About 25 children drowned. Those who were gunned down and drowned floated on the water. After the military left, people recovered all the bodies. Those still in the creek were gathered up using fishing nets.” (…) “I went to the graveyard to see if any of my relatives were among the dead. I found no relatives, only friends. All the bodies were placed in a mass grave. I personally buried them.”  (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

12-year girl who is niece of Mohammed Islam: “In front of me of my cousins were killed. They were picked up and thrown into the fire.”(…) My cousins stayed in their house. They were small children. When the Rakhine came, everybody was looking for their parents. My parents would not have found me If I’d not run to grab their hands. My cousins were sitting and crying. The Rakhine picked up five of my cousins and threw them into the flames. If only I’d been older I would have killed those Rakhine. (…) We sat by the sea crying. My uncle came and told us to escape with him as they were killing and burning everyone. When my mother refused, I told her about how my uncles were mutilated and my cousins were thrown into the fire. My mother was stunned and shocked.”  (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

 

 

EVIDENCE 12: Rohingya Testimonies of Genocide

Human Rights Watch: “That night [October 23], we could not collect the dead. We collected them in the morning but we could not bury them. We had to wait one day for [government] approval. Once we received permission we … put three or four bodies in one hole, and many more in other holes. … The [larger] holes we dug were 10 feet wide and several feet deep. We made at least one very big hole and other smaller ones. At first we buried the bodies in single graves but then the soldiers said we should dig bigger graves because single graves would take too much time. They wanted it done quickly. It was both the police and army who ordered us to dig bigger graves. They were watching over us.” (…) “We dug the graves. We buried 11 men, 20 women, and nearly 30 children. At that time the children couldn’t escape with their parents. All the children were killed by knife, and then they threw them into the fire. They had burns. I brought some of the burned, dead bodies here to bury them. We buried the dead bodies after getting permission from the army. When we were burying the bodies, the security forces were standing nearby. They were together, the army and the police.” (…) “There were three military trucks. I saw them digging a pit and one truck was parked near the pit. When we passed by the funeral ground, there were two men holding shovels over a pit. There were bad smells and no one was allowed to pass through there. I saw one person who tried to go into the area and he was stopped by the military. The men next to the pit had on undershirts and military uniform trousers. I saw them take a lot of dead bodies out of one truck. I saw them drop them next to the pit. I also saw a coffin being laid on the ground. There was one coffin and the rest were piled up bodies. If I guessed I would say there were around 50 or 60 bodies. Some bodies had clothes on, some didn’t.” (http://www.hrw.org/node/114872/section/8  April 22, 2013)

This is a short documentary film where it is shown some testimonies of Rohingya people that were attacked or who have lost any parent because of the extremist groups of Buddhists: https://www.youtube.com/watch?v=nSihfWY41So

A 9-year girl: “They asked us to lie face down on the ground and tied our hands. They beat dad with an iron pipe. They put us on a bench and asked if anybody else was hiding. My dad was worried that I would say something wrong so he answered for me. They hit him and blood poured from his mouth.” (https://www.youtube.com/watch?v=hoi5On6hq68  by SBS Dateline)

A student who survived the violence: “Someone told us, Don’t go that way, because it will get worse up ahead. You’ll all be killed. The first group had about 15 students. All were beaten. They were the first to go and the first to be beaten. If they fell down, their bodies were covered with leaves and they poured petrol on them and burned them, still alive. One of the students has his head chopped off”. (https://www.youtube.com/watch?v=hoi5On6hq68  by SBS Dateline)

A Rohingya woman: “When they [the Buddhist people] saw a Muslim, even a child, [they] would throw stones at him. We lived like dogs.” (…) “The military took the bodies of their loved ones away. (…) Men were taken away [by the authorities] to unknown places. Others went into hiding. Women were grabbed and raped.” (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

A Rohingya man: “Two to four people were stationed there by a bridge over a creek. At night, we watch them through a fence. I saw the military and parliamentary police taking bodies out of trucks and burying them. There were light bulbs so we could see them. Others on the ground would catch the bodies. They push them with their feet into the soft mud near the bridge. (…) There were about 100 dead bodies.”. (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

 

 

EVIDENCE 13: Escape of Rohingya people

Human Rights Watch: In June and October 2012, there was again a massive Rohingya flight from Burma, which in some cases resulted in deaths at sea. In 2012, an estimated 13,000 people, including Rohingya and some Bangladeshi nationals, took to the high seas via the Bay of Bengal on smuggler’s boats. In the last three months of 2012 alone, which marks the first half of the so-called “sailing season” (usually October through March) for the Rohingya when the seas calm, an estimated 5,000 Rohingya fled by boat from the Bangladesh-Burma border area on 49 boats, dwarfing the exodus of previous years. In February 2013, Thai officials announced that at least 6,000 Rohingya, including men, women, and children, had arrived on Thai shores.  (http://www.hrw.org/node/114872/section/9  report by HRW)

 

 

EVIDENCE 14: Concentration camps

Human Rights Watch:  “President Thein Sein said that the “only solution” to the situation in Arakan State was to send “illegal” Rohingya to “third countries” or to refugee camps overseen by UNHCR” (http://www.hrw.org/node/114872/section/10 report by HRW)

President Thein Sein (Myanmar):We will take care of our own ethnic nationalities, but Rohingyas who came to Burma illegally are not of our ethnic nationalities and we cannot accept them here. … The solution to this problem is that they can be settled in refugee camps managed by UNHCR, and UNHCR provides [sic] for them. If there are countries that would accept them, they could be sent there” (http://www.hrw.org/node/114872/section/10  April 22, 2013)

Graeme Wood: “the Rohingya are nearly friendless in their displaced-person camps and grim ghettos”. (http://www.newrepublic.com/article/116241/burma-2014-countryside-concentration-camps  January 21, 2014)

A man from the concentration camp Aung Mingalar: “They beat us up when we go out. We can’t make a living. If we go out, we are beaten up and sent to the police station. So, we can’t do anything. Life is difficult. We have no food and no job. Every few weeks we are given rations of rice. We have nothing to eat. There are people who starve for days.” (Rohingyas are trapped and they are prohibited to leave the place) (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

 

 

EVIDENCE 15: Denial of citizenship

Human Rights Watch: “UN agencies and others have long recognized the denial of citizenship to Rohingya as a root cause of the violence in Arakan State. At the core of the problem is Burma’s discriminatory 1982 Citizenship Law” (…) “Burma’s 1982 Citizenship Law designates three categories of citizens: full citizens; associate citizens; and naturalized citizens. Color-coded Citizenship Scrutiny Cards are issued according to citizenship status – pink, blue, and green, respectively. Many Rohingya hold white cards, or “temporary registration cards,” which come with no citizenship rights. These national identity cards contain ethnic and religious biographical details that facilitate discrimination by local officials against Muslims and other religious and ethnic minorities.” (…) “Several Rohingya told Human Rights Watch that during the violence in June and October, local authorities or groups of Arakanese confiscated their ID cards” (http://www.hrw.org/node/114872/section/12 reported by HRW)

U Hla Soe (general secretary of the Arakanese-dominated political party RNDP): “We think that pro-Rohingya Islamic radicals have penetrated the exiled media, so the voice of Rohingya becomes louder and louder. … They are demanding to be an ethnic nationality, and this we don’t accept. The citizenship issue is very delicate. We hope that exiled radical forces in the West will stop the instigation, because these Muslim people are ignorant people. It is very easy to stimulate and instigate them. (http://www.hrw.org/node/114872/section/12  April 22, 2013)

 

 

EVIDENCE 16: Nationality denied to Rohingya people

Human Rights Watch:While some Rohingya trace their lineage in Burma back centuries, many Muslims families in Arakan State migrated to and settled in Arakan during the British colonial period, which under the 1982 Citizenship Law directly excludes them from full citizenship. Rohingya whose families settled in the region during the colonial period would be eligible for less-than-full citizenship but are in effect excluded because of their inability to provide conclusive evidence of their lineage. Even those Rohingya whose families settled in the region before 1823 face the onerous burden of proving this to the satisfaction of the skeptical authorities, making it nearly impossible to secure Burmese citizenship” (http://www.hrw.org/node/114872/section/12 )

Zigor Aldama: “Kyaw Min is the president of the Democracy and Human Rights Party, and showed Al Jazeera many old documents to prove the existence of the Rohingya in the country, known also as Burma, before British colonization.” (http://www.aljazeera.com/indepth/features/2014/02/myanmar-buddhist-rohingya-ethnic-divide-20142211421962209.html  February 4, 2014)

Kyaw Min: “We have an ethnic connection with India, because we have always lived in the border, and it’s true that there are some similarities with the people of today’s Bangladesh. But in 785, Burma occupied what is now Rakhine state, formerly known as Arakan, and we’ve lived there since then”. (http://www.aljazeera.com/indepth/features/2014/02/myanmar-buddhist-rohingya-ethnic-divide-20142211421962209.html  February 4, 2014)

President Thein Sein of Myanmar: “We will take responsibility for ethnic nationalities but it is not at all possible to recognize the illegal border-crossing Rohingyas who are not of our ethnicity.(…) The stability and peace, the democratization process and the development of the country which are only in transition right now could be severely affected and much would be lost.” (https://www.youtube.com/watch?v=RfC0aJwZjFI )

 

 

EVIDENCE 17: Rohingya excluded from the national census

Human Rights Watch: “Burma’s last census in 1983 excluded the Rohingya. There are concerns the Rohingya will again be excluded from the census: in July 2012, Burma’s immigration minister, Khin Yi, announced the Rohingya would not be included in the new census.(http://www.hrw.org/node/114872/section/12  )

 

 

EVIDENCE 18: Deportation and Forced Population Transfers

Human Rights Watch: Widespread and systematic attacks by Arakanese, with the participation of state security forces in many instances, forcibly displaced over 125,000 Muslims from their homes. At least another 20,000 others are known to have fled the country during that time. Underlying these crimes was an evident goal of the majority Buddhist population to drive out Muslim populations.” (…) “The Burmese government has restricted the delivery of humanitarian aid to the Rohingya, and in some areas continues to do so. The government has also attempted to move displaced Rohingya and other Muslims to areas where there has long been a high Muslim concentration – in the north of the state – indicating intent to change the demographic profile of the state by segregating the two primary religious communities” (…) “After June 2012, the RNDP and the Buddhist sangha in Arakan State both issued public statements and at times spoke to the media, explicitly calling for the isolation, departure and removal of Rohingya from Buddhist areas in the state. Members of these organizations committed apparent incitement to violence and participated in attacks that were at least consistent with the expressed positions of their organizations.” (…)  “the security forces began abusive sweeps and mass arrests of hundreds of Rohingya men and boys. The seeming randomness of these arrests, incommunicado detention, and reports of torture and ill-treatment in detention have combined to instill widespread fear in Muslim neighborhoods and villages.” (http://www.hrw.org/node/114872/section/13 )

Chris Lewa (Arakan Project): “It is part of an ‘ethnic cleansing package’ of restrictions and oppression to compel them to leave” (http://www.aljazeera.com/indepth/features/2014/08/myanmar-rohingya-deprived-education-201484105134827695.html  August 4, 2014)

Nijam Mohammed (human rights activist and Rohingya refugee): “According to international law, if you are forced to leave your country because of political or religious persecution, you have a right for refugee status” (…) “My question is why are these people not getting refugee status in Bangladesh? Why are the Western countries silent? Are they not interested because there is no oil or gas in Arakan state [in Myanmar]? (…) “We do not fight for our independence, we only fight for our rights,” (http://www.aljazeera.com/indepth/features/2014/01/no-respite-rohingya-bangladesh-201411675944519957.html  January 16, 2014)

 

 

EVIDENCE 19: Persecution

Human Rights Watch: “Persecutory acts have been found to include murder, sexual assault, beatings, destruction of livelihood, and deportation and forced transfer, among others.” (…) “Both acts of violence and other apparently discriminatory actions – such as the majority Buddhist community depriving Rohingya of access to their livelihoods or to food to force them to leave – might be considered acts of persecution that amount to crimes against humanity.”       (http://www.hrw.org/node/114872/section/13 )

Muhammad Ismail (spent a year living in a displacement camp for Rohingya in Sittwe) :The government and the Rakhine people worked together to attack the Rohingya and other Muslim people. They killed men, women and children,” (…). “After our homes were burned down, we were moved to the displacement camps, and one day I was arrested traveling without a permit. The police took my identity documents, and my name was blacklisted. When I got back to the camp, I knew I had to leave the country.”(…) “Many Rohingya are leaving [Myanmar] by boat, and the navy sometimes attacks the boats,” (…) “Hundreds have been killed like this. You can see the dead bodies of women, children and old people floating in the waters.” (http://america.aljazeera.com/articles/2014/11/26/bangladesh-proposesinterningrepatriatingupto270krohingyatomyanma.html November 26, 2014)

Abdul Majeed (Islamic preacher who had to flee from Myanmar after the violent persecution): “I am lucky to be alive. My old parents still live there. There is total mayhem in my village in Arakan state and youth are specially targeted,” (…) “Schools are burnt down and mosques are demolished. There is no freedom to practice our religion in Burma”, (http://www.aljazeera.com/indepth/features/2014/01/rohingya-exiles-struggle-survive-india-201416143243337187.html  January 6, 2014)

On this video it is found the evidence of piles of hand-tied corpses, which proves the persecution against the Rohingya Muslims: http://www.aljazeera.com/indepth/features/2013/05/20135111126387968.html  May 2, 2013)

Mohammed Islam: “We went to the mosque at 9 pm to pray. At midnight a group of Rakhines came and asked what we were doing. (…) There were about 400 people in the mosque and the compound. Some 20 or 40 people died and the rest escaped. Those who died were all religious people. They had remained inside the mosque. The NaSaKa [paramilitary] lined them up in the mosque yard and shoot them all dead. (…) The NaSaKa started firing into the air and then directly at us. About 20 or 30 people died. We decided to fight back by grabbing them, even if it costs many lives. (…) 300 or 400 people had died by the time we caught their people. (…) They weren’t more than 15 metres from us and they were shooting everywhere. (…) I heard two of my brothers had died. Also three of my cousins and two of my brothers-in-law.”, (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

Mohammed Islam’s wife: “They carried bottles of petrol. They would throw the petrol on the roof of a house and then light it with a matchstick. The entire house exploded in flames. They also poured petrol on mosques. (…) We thought they wouldn’t possibly burn down the whole of Sittwe. So we stayed at home. But we were wrong. The authorities came torch our houses too. Rakhine came first and then government forces in jeeps. (…) Two of my brothers went out and one stayed behind. One brother was immediately attacked by a monk from the monastery. My brother was cut to pieces. So badly mutilated they couldn’t carry him back. (…) The authorities shot at him but missed. (…) Them some Rakhine grabbed him and cut him to pieces. My elder brother cried out. But he too was shot in the head. My mother lost her mind. (…) We thought my husband had been killed. But thank God he was alive. He rushed to our boat. He was in a state of shock.” (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

A Buddhist woman whose husband was killed by Muslims in the mob: “I don’t think they targeted him specifically. I think he was a convenient target who happened to cross their path. They went out to transport the wounded to the hospital – Buddhist or Muslim. It didn’t matter.” [The interview was interrupted by a government agent] (https://www.youtube.com/watch?v=GtAl9zJ3t-M  Source:  AJ Plus)

 

 

EVIDENCE 20: Terror and Ethnic Cleansing

Human Rights Watch:  Human Rights Watch has documented a pattern of human rights violations in Arakan State that amount to “ethnic cleansing” of the Rohingya and other Muslims from their areas of residence. Although “ethnic cleansing” is not formally defined under international law, a UN Commission of Experts has defined the term as a “purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic or religious group from certain geographic areas. . . . This purpose appears to be the occupation of territory to the exclusion of the purged group or groups.” (…) “the orchestrated violence in Arakan State, particularly in October, involved near simultaneous attacks by Arakanese against Rohingya villages and settlements. The violence, largely carried out by mobs armed with a variety of weapons, appeared organized and inspired by higher entities, including the RNDP and the sangha. State security forces stood by and watched or participated in the killing, and later disposed of the bodies in a manner that hindered rather than helped investigations.” (…) “ethnic cleansing was reflected in the terror tactics of the Arakanese attackers. According to survivors, the mobs relentlessly killed all those they could catch. They hacked children to death with machetes and threw some into fires. Muslim neighborhoods and entire villages were burned to the ground. State security forces deprived the outnumbered Muslims of their weapons in anticipation of the slaughter. And when the slaughter happened, they dumped the Rohingya bodies in areas inhabited by Rohingya displaced persons – no doubt to send a message of terror”                                                                                (http://www.hrw.org/node/114872/section/13  Reported by HRW)

 

 

EVIDENCE 21: Social Segregation

Al Jazeera:Myanmar has confirmed to the United Nations it is finalising a plan that will offer minority Rohingya Muslims citizenship if they change their ethnicity to suggest Bangladeshi origin, a move rights groups say could force thousands into detention camps.” September 30, 2014 (http://www.aljazeera.com/news/asia-pacific/2014/09/myanmar-confirms-controversial-rohingya-plan-2014930193550936131.html)

Phil Robertson (deputy Asia director of Human Rights Watch): This plan is profoundly troubling because it would strip the Rohingya of their rights, systematically lock them down in closed camps in what amounts to arbitrary, indefinite detention,”  (http://www.aljazeera.com/news/asia-pacific/2014/09/myanmar-confirms-controversial-rohingya-plan-2014930193550936131.html  September 30, 2014)

Phil Robertson (deputy Asia director of Human Rights Watch): To be frank, the plan is a blueprint for permanent segregation and statelessness that appears designed to strip the Rohingya of any remnants of hope that they had for returning to a situation like that before the 2012 violence, when Rohingya Muslims and Rakhine Buddhists were able to co-exist.” (…) “It’s worth considering that just two years ago before the 2012 violence, Sittwe, the capital city of Rakhine State, was roughly divided 50-50 between Rohingya and Arakanese residents. Under this plan, that will never happen again. The idea of reconciliation has been thrown aside in this plan, and replaced with so-called “peaceful co-existence” – which in my view will mean a permanent segregation of the two communities, with the separation enforced by the might of the Myanmar army and police.”   (http://www.dw.de/hrw-slams-myanmars-rohingya-plan-as-a-blueprint-for-segregation/a-17972391  October 3, 2014 By DW & http://www.hrw.org/news/2014/10/05/burmas-rohingya-plan-blueprint-segregation October 6, 2014 By HRW)

Human Rights Watch: “Los rohingyas desplazados no han sido consultados acerca de su derecho a regresar a sus localidades y aldeas originales, lo cual refuerza el temor de que se pretenda segregar a esta población a largo plazo.”  (http://www.hrw.org/es/news/2013/04/22/birmania-debe-poner-fin-la-limpieza-etnica-de-musulmanes-rohingyas  por HRW 22/04/2013)

Al Jazzera: “Dr Aye Maung, from Rakhine Nationalities Development Party released a statement demanding that Bengali people should be relocated to suitable places (…) in order not to reside or mix with Rakhines.” (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

 

 

EVIDENCE 22: Slow Genocide of Rohingya people

Dr. Maung Zarni: Video Conference titled “Genocide towards Rogingya People in Myanmar” (http://www.maungzarni.net/search/label/Myanmar_Racism_Watch  November 4, 2014)

 

 

EVIDENCE 23: Violence against innocent people

Human Rights Watch: “Burmese officials, community leaders and Buddhist monks organized and encouraged ethnic Arakanese backed by state security forces to conduct coordinated attacks on Muslim neighborhoods and villages in October 2012 to terrorize and forcibly relocate the population,” (…) “Included in the death toll were 28 children who were hacked to death, including 13 under age 5.” (http://america.aljazeera.com/opinions/2015/2/myanmars-buddhist-terrorism-problem.html  February 18, 2015)

US President Obama: “There is no excuse for violence against innocent people,” (…) “And the Rohingya hold within themselves the same dignity as you do.” (http://www.newrepublic.com/article/116241/burma-2014-countryside-concentration-camps  January 21, 2014)

On this video it is observed a speech of President Obama asking to stop the violence against Rohingya people and it can be observed some testimonies of Rohingya people in what remains of a village burned to the ground by extremist Buddhist groups from Burma, in addition it can be seen the authorities restricting the entry of the media to the village, as well as by prohibiting villagers to talk to reporters: http://www.channel4.com/news/as-obama-visits-burma-stories-emerge-of-a-massacre

 

 

EVIDENCE 24: Apartheid and Genocide

Aung Win (prominent Rohingya leader in the camps): “It’s just plain apartheid and genocide”. (http://www.aljazeera.com/indepth/features/2014/02/myanmar-buddhist-rohingya-ethnic-divide-20142211421962209.html  February 4, 2014)

Tun Khin (President of the Burmese Rohingya Organisation UK): “Legal experts, academics, and NGOs working in Burma identified key elements of genocide which are taking place there. These included denying Rohingya legal existence and right to nationality; access to medicine, food, and other basic necessities to sustain life; policies of extensive structures of discrimination, and allowing and facilitating hatred and popular violence against the Rohingya. Combined, these threaten to lead to the extermination of Rohingya as an ethnic group in Burma. (…) Within Burma debate about the Rohingya is very different. Aung San Suu Kyi has dismissed without viewing it evidence complied by Human Rights Watch that ethnic cleansing of the Rohingya has taken place. (…) This is why the discussions on genocide take on a special significance. (…) The situation for the Rohingya has been bad for decades, but it has got much worse since Thein Sein became President. There are around a million Rohingya in Burma, and every one of them is living in fear for their lives. (…) We have long faced restrictions on movement, restrictions on access to healthcare, to education, extortion, beatings, people disappeared, arrest , arbitrary executions and occasionally, mass killings. The list of human rights violations and repressive laws and policies have been well documented. Life for us was already intolerable. Now it is even worse. (…) We are subject to a systematic campaign to force us out of Burma. It is a campaign that has support from the highest level of the government, the President himself. (…) A new form of apartheid is being created to segregate us. To put us into camps or isolated villages where life will be so terrible people will be forced to leave the country. (…) Privately the British government, the USA, the EU and others know what is being done to the Rohingya violates international law. But they have chosen not to act. They have even chosen to be silent about international law and the Rohingya. (…) I appeal to the world not to let another Rwanda repeat for Rohingya.” (http://www.huffingtonpost.co.uk/tun-khin/rohingya-genocide-burma-being-ignored_b_5254141.html  May 5, 2014)

Professor William Schabas (president of the International Association of Genocide Scholars): “When you see measures preventing births, trying to deny the identity of the people, hoping to see that they really are eventually, that they no longer exist; denying their history, denying the legitimacy of their right to live where they live, these are all warning signs that mean it’s not frivolous to envisage the use of the term genocide.” (http://www.aljazeera.com/programmes/aljazeerainvestigates/2012/12/2012125122215836351.html  January 16, 2013)

 

 

EVIDENCE 25: Lack of Health Care and food

Al Jazeera: “The medical aid organization Doctors Without Borders has been forced to stop caring for sick people in a Myanmar state torn by sectarian violence after the humanitarian group’s license was suspended by the government over the group’s work with the long-persecuted Rohingya Muslim minority” (…) “The government has vehemently denied allegations that a Buddhist mob rampaged through a village, killing women and children, but Doctors Without Borders said it treated 22 injured and traumatized Rohingya.” (…) “The United Nations says more than 40 Rohingya were killed in the attack, but the government says only one Buddhist policeman died.” (http://america.aljazeera.com/articles/2014/2/28/doctors-without-borderskickedoutofwesternmyanmar.html  February 28, 2014)

Master Yan Maitri-Shi: “On this video, titled No where to go…Ethnic cleansing of Rohingya Muslims in Burma, it can be observed how the Rohingya people is living in the so-called refugees camps, where there is no sufficient food and where they are isolated and are being deprived from their rights to be citizens of Burma. In addition they suffer serious diseases and they have no access to basic medical care.  They are provided with 1 or 2 kg of rice and a litre of oil per month, so they are malnourished and they are dying slowly and incredibly the hospitals refuse to treat them. There are only 2 doctors for attending 120.000 people.”: https://www.youtube.com/watch?v=MudrEBFwfGk

Video on Life conditions for Rhingya in Myanmar: http://www.youtube.com/watch?feature=player_embedded&v=I4wMTB68PsE  by Dr Maung Zarni. Some Details: Only Rohingya are subjected to a national policy of forced sterilization and birth control; 60.000 children are unregistered & denied nationality; 1 doctor to 76.000-83.000 Rohingya… National average: 1 doctor to 700 Burmese; 90% of adult Rohingya are illiterate… But the national rate is only 20% illiteracy; 200.000 Rohingya are held captive in camps; More than 1 million Rohingya confined to 11 security grids,  their neighborhoods really from where they cannot move about; Nearly 1 million driven out of the country since 1978

 

 

EVIDENCE 26: Torture

Human Rights Watch:In late December 2008, several small boats packed with hundreds of people, mostly ethnic Rohingya Muslims from western Burma, many of them emaciated, landed in India’s Andaman Islands. Passengers told Indian authorities they had originally landed in Thailand, that Thai authorities held them for two days on a deserted island, and that they then towed them back out to sea, giving them only a few sacks of rice and a little water. Some told officials and doctors that while at sea they had been tortured by Burmese sailors who stopped their vessel.” (http://www.asia-pacific-solidarity.net/southeastasia/burma/reports/burma0509_brochure_web.pdf )

Rohingya young man: “They know no mercy. Only God knows how much we were tortured.” (…) “On one side of the mosque there is a monastery. From there, lots of stones were hurled at the mosque.” (…) “They pulled me away and kicked my wife. They tied my hands behind my back. Armed men pointed their guns at my head and I was severely beaten.  My two children were crying. They beat me again outside the house. At first I thought it was only me, but I saw others being picked up. (…) When they caught me, they slammed the gun butt hard into my chest. It stills hurts me. Then they beat me repeatedly. They were without mercy.” (…) “Inside the police station there were six dead bodies. They were wrapped in mats. They were taken away somewhere. They had beaten so severely their bones and skulls were broken.”  (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

Jannat Ara: “After Friday prayers, when the violence erupted everyone panicked. People were running, trying to hide. My sons, who had gone to pray, also hid. I remained at home and closed all the doors. Paramilitary police surrounded our housed and pushed open the doors. They found me upstairs. It happened on the bed. I was grabbed. They held me down and kicked me. After that I knew nothing. When I regained consciousness in hospital I realized what had happened to me. (…) They burned our houses and shops. They looted shops and stole huge quantities of goods. I saw boys and girls gunned down. The bodies were packed in plastic bags. They were buried in mud under the bridge without a funeral. (…) They admitted me to hospital. When the paramilitary and the Rakhine were attacking the hospital, my brothers and other relatives helped me cross the river to Bangladesh in a boat. ” (…) “I’ve sold everything I own. What will we do with our children? ” (Rohingya woman, who was raped by at least 20 men according to medical records, she contracted a kidney disease and aborted a pregnancy because of her injuries. Later she died because of her serious rape injuries. (https://www.youtube.com/watch?v=4KG2kdcmZG0 Source: Al Jazeera)

 

 

EVIDENCE 27: Destruction of Muslim stores or buildings

Video source: (http://www.liveleak.com/view?i=702_1369713980)

 

 

EVIDENCE 28: Disturbs perpetrated by Buddhist people

Video source: (http://www.channel4.com/news/burma-ethnic-cleansing-myanmar-rohingya)

 

 

EVIDENCE 29: State-sponsored terrorism

Muslim religious leader: “In my opinion, this is just a political game. If I have a chance to use the word, I would say it is like a state-sponsored terrorism.”  (https://www.youtube.com/watch?v=hoi5On6hq68  by SBS Dateline)

 

 

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