On January 19, Malaysia hosted the Organization for Islamic Cooperation (OIC) in Kuala Lumpur for an Extraordinary Session on the situation of the Rohingya. Malaysian Prime Minister Najib Razak urged the government of Myanmar to end the humanitarian tragedy and subsequently pledged US$2.2 million to aid the minority group. In a final communiqué, the OIC called upon Myanmar to resolve the root of the crisis in Rakhine State, among other calls to action, and reinstate the citizenship of the Rohingya. The request was also made for the government to allow a high-level delegation from the OIC to travel to Rakhine State in order to conduct an independent inquiry. Such access is unlikely to be granted as travel into the state is still severely restricted.
The meeting was immediately denounced in a press release issued by Myanmar’s Ministry of Foreign Affairs. The session was deemed “regrettable” and only served to make “a complicated issue worse.” Vocal in its growing discontent of fellow ASEAN member interfering in domestic affairs, the government described Malaysia’s actions as exploitative and promotive of certain political agendas—entirely disregarding the reality that the Rohingya crisis is also an international issue as refugees are fleeing to seek sanctuary throughout parts of Southeast Asia.
In its defense against accusations that it is not taking appropriate measures in resolving the conflict, the Myanmar government cited the creation of two commissions that are helping to find a solution—a claim that is deceptive and contentious. The two commissions established to investigate the abuses occurring in Rakhine State are one thirteen-member group headed by Myanmar Vice President U Myint Swe, and one nine-member Rakhine Advisory Commission headed by former United Nations Secretary-General Kofi Annan. Despite examining allegations of human rights abuses in the same region, the initial findings of both groups have been polarizing and incongruous.
The interim report released by Vice President Swe’s commission found “insufficient evidence” of rape and violence perpetrated by Myanmar security forces. Allegations of genocide and crimes against humanity were also denied. The report is in stark contrast with Annan’s preliminary statement in November 2016 after visiting Rakhine State. Annan stated:
“As Chair of the Rakhine Advisory Commission, I wish to express my deep concern over the recent violence in northern Rakhine State, which is plunging the State into renewed instability and creating new displacement. All communities must renounce violence and I urge the security services to act in full compliance with the rule of law.”
Annan’s commission has yet to release a full report on its findings, but will do so within 12 mend onths of the commission’s creation—presumably before August 2017.
The decision of the Myanmar government to criticize a meeting held only to alleviate the suffering of a persecuted group is both disappointing and evident of its unwillingness to admit atrocities against the Rohingya are occurring. If the Myanmar government was truly dedicated to ending the crisis in Rakhine State, this Extraordinary Session would have been welcomed and revered, not disparaged. The reduction of conflict and violence can only happen through cooperation, not condemnation.
Petition to the United Nations Security Council (UNSC) and the International Labour Organization (ILO)
We, the undersigned, representing concerned citizens, civil society organizations, and advocates for human rights, urgently call upon theUnited Nations Security Council (UNSC)and theInternationalLabour Organization (ILO)to take immediate action to address the humanitarian crisis resulting from the forced conscription law imposed by the military junta in Myanmar.
Background:
OnFebruary 10, 2024, the military junta in Myanmar announced its illegitimate enforcement of the People’s Military Service Law (Nº 27/2010), compelling up to 50,000 people per year to serve in the military for up to five years. This forced conscription isa blatant violation ofinternational law and fundamental human rights, threatening peace, stability, and the well-being of the people of Myanmar. It poses a significant threat in Myanmar and the region for several reasons:
Illegitimate military:The Myanmar military began an attempted coup in February 2021, and since then has no longer been working in service to the nation of Myanmar. Rather, it now operates under the command of an unelected and illegitimate military junta. Under this leadership, the military has launched a nationwide campaign of heinous crimes against the people of Myanmar in an attempt to suppress and control them. To date, the military haskilledover4,500 people, andarrestedmore than26,000including the President, State Counsellor, elected members of parliament, journalists, pro-democracy activists, religious leaders and others. Over 20,000 remain incarcerated. The military has committed massacres, indiscriminate airstrikes, artillery shelling, sexual and gender-based violence, mass torture and mass arson. As a result,2.4 million peoplehave fled their homes since the attempted coup began.
Forced Conscription of Women, Children, Professionals and Retirees:The junta’s decision to use conscription is widely understood among Myanmar people as a desperate attempt to compensate for its growing combat losses and defections. The junta’s State Administration Council (SAC) will forcibly recruit civilians, includingmenaged18-35 years,womenaged18-27 yearsand professionals such as doctors and engineers. Those who refuse will facea five-year jailterm. This adds to the junta’s illegitimate use of other forms of forced recruitment such as the Reserve Forces Law (2010) under which wives and children of soldiers aged over 15 are currently forced to undergo military training and retired or discharged military personnel are forced to serve for unspecified lengths of time. The junta’s forced recruitment is an extreme measure, particularly in relation to children and retirement aged people. Further, the forced recruitment of young women is especially egregious given the junta’s ongoing use of sexual violence.
Exacerbation of Violence:
The implementation of forced conscription by the military junta escalates the already unprecedented violence in Myanmar. As the junta faces growing resistance from democratic forces, it resorts to forced conscription as a means of psychological warfare to terrorize the population into submission. This escalation of violence further destabilises the country and heightens tensions within communities. (1)
Use of Human Shields and Atrocities:
The military junta has a track record of using civilians, including women and children, as human shields, minesweepers, and porters. Forcing conscription provides the junta with a ready pool of recruits to exploit in these dangerous roles, exposing them to the risk of abuse, torture, and even death.
Moreover, the junta’s history of committing atrocities, including sexual violence against women, raises serious concerns about the safety and well-being of those subjected to forced conscription.
Civilian Backlash and Fallout:
The announcement of forced conscription has triggered a major backlash among Myanmar’s civilian population, leading to widespread fear, anger, and resistance. Many young people are considering drastic measures to evade conscription, such as fleeing the country or joining resistance forces. This mass opposition to conscription is likely to further destabilize the country and contribute to social unrest
Humanitarian Crisis and Refugee Outflow: Forced conscription has already led to a rush of people seeking to leave Myanmar, leading to overcrowding and chaos at border crossings. This mass exodus poses humanitarian challenges for neighbouring countries and increases the risk of conflict spillover. Moreover, the targeting of specific ethnic and religious groups, such as the Rohingya, for conscription further exacerbates existing tensions and raises concerns about potential genocide or ethnic cleansing.
Petition:
1. We call upon theUnited Nations Security Council (UNSC)to:
Immediately convene an emergency meeting to address the crisis in Myanmar and propose a binding resolution under Chapter VII of the UN Charter.
Directly address the Myanmar crisis with relevant partners to manage its consequences, as relying solely on ASEAN has proven ineffective and contributed to escalating regional instability in Southeast Asia.
Imposing targeted sanctions especially on providing insurance to jet fuel import; banning the import of jet fuel into Myanmar; and a comprehensive arms embargo against the military junta to halt the enforcement of the Conscription Law and prevent further human rights violations.
Refer the situation in Myanmar to the International Criminal Court or establish an ad hoc tribunal to hold perpetrators of atrocities accountable.
2. We call upon theInternational Labour Organization (ILO)to:
Reject the forced conscription law imposed by the military junta in Myanmar as a grave violation of international labour standards and fundamental human rights.
Take decisive action against the State Administrative Council (SAC) for illegitimately forcing this law, which has a documented history of committing heinous crimes against humanity, including sexual violence against women, forced portering, and the use of civilians as human shields. Such actions constitute egregious violations of human rights and demand immediate accountability.
Condemn the use of forced labour and take immediate action to investigate and monitor instances of forced conscription in Myanmar.
Provide technical assistance and support to the legitimate government of Myanmar, theNational Unity Government (NUG),Ethnic Representation Organisations (ERO), andcivil society organizationsto address forced labour, protect the rights of affected individuals.
Conclusion:
The forced conscription law imposed by the military junta in Myanmar represents a severe threat to peace, stability, and human security in the region. We urge the United Nations Security Council and the International Labour Organization to act swiftly and decisively to address this crisis and uphold the principles of justice, dignity, and human rights for all.