Summary
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Over several years, the connection between identification documents and international
crimes has been well-recognized. Yet, even amid genocidal attacks against the
Rohingya, certain U.N. officials, embassies, and others in Myanmar not only failed to
condemn the use of NVCs in targeting Rohingya but, in some cases, explicitly endorsed
NVCs as a pragmatic solution to Rohingya “statelessness.”
However, after experiencing the brutality of the military firsthand following the
February 1, 2021 coup, the general public in Myanmar showed signs of becoming more
open and accepting of the Rohingya people and more informed about the atrocities
they faced in Rakhine State. Tolerance for discriminatory laws, policies, and practices
affecting the Rohingya, including the NVC process, is waning. Notably, on June 3, 2021,
the National Unity Government (NUG) of Myanmar—the government established in April
2021 by elected parliamentarians who evaded arrest following the coup—announced its
commitment to “abolishing” the NVC process, describing the NVC as “a process that
the military has used against the Rohingya and other ethnic groups coercively and with
human rights violations.” The NUG further committed to ensuring citizenship based
“on birth in Myanmar or birth anywhere as a child of Myanmar citizens,” which would
effectively restore or grant full citizenship rights to all Rohingya people.
In September 2021, Rohingya human rights defender and refugee leader Mohib Ullah
was assassinated in Bangladesh in September 2021 for his work defending the rights of
Rohingya. In March 2019, Mohib Ullah had the opportunity to address the U.N. Human
Rights Council in Geneva. He told U.N. member states:
For decades, we faced systemic genocide in Myanmar . . . They burned our houses,
took our land, they gang-raped women and girls, and they killed thousands of us.
Today, we are branded as “kalar” [a pejorative term in the Burmese language].
They call us “illegal immigrants,” “Bengali,” [and] “Muslim terrorist.” We are not
any of this. We are citizens of Myanmar. We are Rohingya.
Key Recommendations
The Myanmar military junta is committing international crimes including ongoing
genocide in Myanmar. This report makes 19 recommendations including:
• U.N. member states should take action to deny the Myanmar military access
to weapons, financing and revenues, and political legitimacy. International
businesses should avoid engaging the Myanmar military and its associates at all
costs, and any businesses believed to be complicit in the junta’s crimes should be
held accountable in relevant jurisdictions.
• U.N. member states, particularly members of the Association of Southeast Asian
Nations (ASEAN), should engage the civilian-led NUG on solutions, provide it with
material support, and support existing international accountability mechanisms
to end and remedy ongoing atrocity crimes in Myanmar.
• More broadly, U.N. member states should publicly acknowledge, through formal
determinations, the Rohingya genocide and other atrocity crimes perpetrated in
Myanmar, including war crimes and crimes against humanity.
• U.N. member states should each establish dedicated departments focused on preventing
and ending mass atrocity crimes through domestic mechanisms and multilateral
coordination. Similarly, U.N. and international humanitarian organizations should
employ legal specialists to identify mass atrocity crimes, recommend emergency
responses, and educate the humanitarian community about prevention.
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