A/HRC/34/67
security considerations, they appear to be further forms of intimidation, harassment and
ultimately discrimination against the Rohingya population to make their living conditions
unbearable.
76.
The Special Rapporteur was further alarmed to hear that an annual household list
update that is normally conducted in January had been brought forward in some areas.
Reportedly, the exercise was under way from early November 2016 in the three northern
Rakhine townships. For many Rohingya and Muslim villagers, being on the compulsory
household list is the only current evidence of their legal status in Myanmar. With thousands
displaced and many more having fled from their homes following the security operations,
they risk being unable to prove that they are legal residents of Myanmar upon their return if
their names are removed during the updating exercise.
3.
Accountability mechanisms
77.
Despite early calls for thorough and impartial investigations into the allegations of
human rights violations in the wake of the 9 October attacks, it was announced only on 16
November that a Presidential investigation commission into events in Maungdaw would be
established. An informal briefing of the United Nations Security Council on the situation in
Rakhine appeared to have taken place around the same date.18 The Government-appointed
Rakhine Advisory Commission, established in August 2016, had already clarified that its
mandate did not include human rights investigations.
78.
The Special Rapporteur noted that the Presidential Maungdaw Investigation
Commission is headed by Vice-President I, who is a former military commander, and its
members include other former military members, as well as the Chief of the Myanmar
Police Force. There appears to be no one from the Rohingya community represented
although there is one Muslim member, an elderly former Ambassador of Myanmar. Other
members include a representative from the Attorney-General’s Office, former high-ranking
United Nations officials, a member of the Myanmar National Human Rights Commission
(formerly of the foreign service), female members with women’s rights backgrounds, as
well as those of other faiths and ethnic minorities. In addition to the inclusion of some
members that calls into question the Commission’s impartiality, its mandate does not
appear to necessarily encompass investigations into allegations of human rights violations.
Its interim report appears to contain blanket statements that do not seem to have been based
on assessing available information and evidence, raising serious doubts about its credibility.
79.
The Special Rapporteur has already expressed concerns regarding the Commission’s
methods of work. She notes that the shortcomings mean that Myanmar has yet to properly
discharge its obligation to conduct credible “prompt, thorough, independent and impartial
investigations” into alleged human rights violations (see para. 22 above). She also notes
that two mechanisms, a military investigation commission and a police investigation, were
set up in early February. They seem to be purely internal mechanisms and do not diminish
the need for independent mechanisms.
80.
During her recent visit, the Special Rapporteur raised with the authorities reports of
custodial deaths among those arrested during security operations, including a former United
Nations employee. She was told that those deaths had resulted from pre-existing health
conditions. While the Special Rapporteur did not obtain access to the post-mortem reports
of those cases, concern is raised regarding treatment in detention, including during
interrogations, and access to immediate and proper medical treatment. In many cases, it
would appear that suspects did not have legal representation. Additionally, many detainees’
families were not informed of their arrests, with many believing their family members had
been killed. She calls for the families of detained individuals to be immediately informed of
their whereabouts and due process guarantees respected.
81.
Undoubtedly, the situation in Rakhine is complex. The Special Rapporteur reiterates
that the long-standing grievances from the Rakhine Buddhist community must be urgently
addressed, noting that Rakhine State is now the poorest state in Myanmar. Access to
18
See www.nytimes.com/2016/11/19/world/asia/myanmar-rakhine-rohingya-muslim.html?_r=0.
15
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