38
Bangladesh, Burma and the Rohingya crisis
84. Dr Dasandi said:
What has gone unrecognised in the past year is that you have had a diverse
group of civil society organisations making strong statements in January
and August last year. [ … ] In terms of opening up that space, obviously it is
not going to be a big fix, where civil society will come in and solve all these
problems. Certainly, there are actions that could be done to empower those
who are willing, within Myanmar, to speak out, who are doing something
to address some of these issues. It is a question of engagement. We have
to include those groups, trying to work with those groups and trying to
increase the influence of those groups.109
International Criminal Court referral
85. David Baulk of Fortify Rights said:
When we think about what the international community can do now to
help end mass human rights violations and hold the perpetrators of these
accountable, it is absolutely fundamental that the Government of this
country and others across the world speak up for what is happening to
innocent people in Rakhine State, in Kachin State and elsewhere, and say
that it is unacceptable and that the situation in Myanmar should be referred
to the International Criminal Court. The Government of this country have
a great deal of leverage in the UN Security Council and should be applying
that in every way possible to help bring criminal accountability for these
crimes.110
86. Burma Campaign UK:
The British government has refused to support, in principle, the UN Security
Council (UNSC) referring the situation in Burma to the International
Criminal Court (ICC). When asked about their position, they hide behind
the argument that there is no consensus at the UNSC in support of this,
or that Russia and China would veto a resolution. This is deliberately
misleading. Consensus can only start to be built when a member seeks to
build support. The British government does not as yet support the UNSC
making a referral. Taking soundings on existing positions is very different
from actively seeking support.
Nor is there an automatic obligation on rushing for a resolution if the UK
supports a UNSC referral. It would be more sensible to take the time to
build support within the whole UN membership to increase the chances
of overcoming opposition. This process can’t start when the UK doesn’t
support a referral itself. The process of countries publicly supporting a
referral to the ICC could in itself make the military think twice before
launching further attacks as it will reduce their sense of impunity.111
109
110
111
Q202
Q166
Burma Campaign UK Briefing: British government response to the Rohingya crisis House of Lords Debate, 10th
May 2018