Dáil Éireann Debate, Thursday - 4 October 2018
9. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Foreign Affairs and Trade his views on the issue of the human rights of ethnic groups in Myanmar, such as the Rohingya, Kachin and Shan peoples, with regard to the referral of matters to the International Criminal Court; his views on the need for an audit of the peace fund; and his views on the need for the north of Myanmar to be included in the fact-finding mission. [40118/18]
Amharc ar fhreagraMy question relates to the issues of the human rights of ethnic groups in Myanmar such as the Rohingya, Kachin and Shan peoples, the referral of these matters to the International Criminal Court, the need for an audit of the peace process and the need for the north of Myanmar to be included in the fact-finding mission.
Ireland is not currently a member of the UN Security Council and is, therefore, not in a position to formally offer support on the question of referring Myanmar to the International Criminal Court. I met the chief prosecutor of the International Criminal Court last week and the case of the Rohingya is being assessed with regard to the potential for a prosecution. However, the findings of the independent international fact-finding mission on Myanmar provide credible evidence that human rights violations amounting to crimes against humanity and war crimes have been committed by members of the Burmese military and other security forces in Rakhine, Kachin and Shan states.
The mission’s report also finds that there is sufficient evidence of the crimes committed in Rakhin state being so grave that they warrant a competent court to determine the liability for the crime of genocide of those in the military chain of command.
Having considered this evidence, Ireland would support the referral of the situation in Myanmar by the Security Council to the ICC. The Security Council is the only competent body that can take this step. However, given the political and legal difficulties that surround such a referral, our focus in ensuring accountability and investigation of the allegations is necessarily elsewhere.
We are working closely with international partners in other fora, including the UN Human Rights Council and the EU, to ensure measures are put in place to allow the investigation of human rights violations and that those who have perpetrated these crimes are held to account. Ultimately, longstanding drivers of tensions between the Buddhist majority and ethnic minority communities in Myanmar must be resolved in order to build a lasting peace. The work done by the Peace Fund in peace-building activities, including reconciliation and research, is to be commended. In particular, its work in capacity-building and supporting participation from under-represented groups is important in building a sustainable and lasting peace in Myanmar. I would, however, defer to the fund’s primary donors on financial issues, including on the question of an audit.
Additional information not given on the floor of the House
It is important that any peace process in Myanmar extend to the entire country, as many regions have been affected by ethnic conflict. In that regard, I note that the report of the IIFFM as presented in advance of the recent 39th session of the Human Rights Council already included an examination of the situation in the northern part of Myanmar, in particular the states of Kachin and Shan. In addition, the resolution adopted at that session on Myanmar encompasses the entire country.
I raised the issue of the Rohingya for the first time in 2013. We should think about what might and could have been avoided since then. We know this is a question of political and social inequality and that the peace process, which is funded by the European Union, is not working. What has happened is that there has been an escalation in violence and military attacks on the various groups - the Rohingya, Kachin and Shan - because of their ethnic identity. There have been airstrikes and displacement, and IDP camps have been surrounded by land mines. There is torture, rape and arbitrary detention. Requests for safe passage have been denied. Humanitarian assistance is not getting through. Over 200 Christian churches have been destroyed recently. There are many examples of hate speech. It is all coming from a systematic, organised, ultranationalist government that is supported by some 29 political parties. Even when there was a fragile peace process involving the Kachin people, the agreement was violated repeatedly. It is time to acknowledge that the peace process is not working and that the funding could be better used. I ask that Ireland support the calls to acknowledge that the peace process is not working and the need for transparent, genuine dialogue and a process involving the people, including civil society.
I share the Deputy's frustration but it is a question of what to do about it. We are trying to use all the tools at our disposal, including UN bodies or the UN Human Rights Council, to exert an influence. I made it very clear that we would support a referral to the International Criminal Court. I made a direct comment on the issue to the chief prosecutor of the ICC in New York last week.
I share the Deputy’s frustration. The events in question should not happen. They should be predicted. Myanmar has been a divided country in terms of ethnic minorities, some of whom I visited in Kachin state when I was a Member of the European Parliament, long before I was a Minister. Even then, the brutality of the military towards indigenous minorities was a significant issue. We will continue to pursue the kind of agenda the Deputy is outlining today, and we will continue to look for fora through which to do that effectively.
The findings of the fact-finding mission, amounting to 440 pages, are extremely damning. Reference is made to "the most serious human rights violation" and "crimes of the highest order under international law". The Chairman said it was hard to fathom the level of brutality. This is about the credibility of both the European Union and United Nations. The Minister will be at the next meeting of Foreign Affairs Ministers so the question of the peace process not working could be raised there.
Also arising is the issue of Bangladesh and the repatriation of the Rohingya. A recent memorandum of understanding that was signed between Myanmar, Bangladesh and UN agencies involved no consultation with the Rohingya people. There was not even a mention of the word. There was nothing about restoration of citizenship for the Rohingya. The same UN agencies had previously been involved in repatriation in the 1970s and 1990s. This was not done correctly, which has led to the Rohingya being stateless today.
Our voice is respected, as the Minister knows. Ireland should be a voice at both the European Union and United Nations to stand up for the rights of these minority peoples because what is happening is ethnic cleansing. In 1948, when independence was coming, the authorities promised ethnic equality but it did not happen.
The Deputy’s colleague, Deputy Wallace, has requested that he be allowed ask a short supplementary question, with the approval of the Minister. This is customary. There are a few who know that. The Deputy has 30 seconds, and 30 seconds only.
On the issue of human rights, the Minister is probably aware that the United Nations Human Rights Council mandated an examination of the human rights situation in Yemen. It is very damning. It said that more non-military than military targets have been struck in Yemen. Those responsible are targeting food production, agriculture and animals. The latest tactic of the coalition of Saudi Arabia and the United Arab Emirates, backed by the United States and the United Kingdom, is to starve the people of Yemen out of it. This is genocide. Are there any efforts being made in Europe to address the issue in Yemen, or is there any interest in Europe therein?
I was not expecting Yemen to enter the conversation. A straight answer to the Deputy's question is "Yes". There have been numerous debates at the Foreign Affairs Council on Yemen, and I have spoken at some. It is a bit like the international community asking itself how it allowed the conflict in Syria to happen and develop in the way it did over the past four years. We are now trying to determine ways in which to reduce and end conflict in Yemen but making that happen is not easy. That is the reality.
With regard to the IIFFM, it did present its report in advance of the 39th session of the UN Human Rights Council, including an examination of the situation in the northern part of Myanmar, particularly the states of Kachin and Shan. In addition, the resolution on the adopted session encompassed a resolution on Myanmar as an entire country. There are many countries, including Ireland, that want to see justice for the Rohingya people, who have literally been driven out of their own state. The demand is clear for repatriation, in addition to protection and accountability for crimes that have taken place.
