Global Justice Center Blog

Myanmar - UPR Submission to the UN Human Rights Council

I. Introduction

The Government of Myanmar (the “Government”) is obligated in its third cycle Universal Periodic Review (“UPR”) to provide detailed information on how it has implemented recommendations on human rights protections made during its second cycle UPR in 2015, as well on developments in human rights in Myanmar since 2015. With respect to progress regarding justice & accountability for mass atrocities, legal reform, including with respect to women’s rights, and ending discrimination, the Government has on the whole failed to make meaningful progress on recommendations from the previous UPR. In addition to the lack of progress on key issues that were the subject of concern during the last UPR, the human rights situation in Myanmar has largely regressed, not the least as a result of the genocidal targeting of the Rohingya in so-called “clearance operations” in 2016 and 2017.

The analysis below explains were the Government has not met its international obligations germane to the UPR and previously accepted UPR recommendations. It includes specific recommendations to the Government on meeting its international obligations to prevent and provide justice for mass atrocities in Myanmar, especially sexual and gender-based violence, and to eliminate discriminatory laws and policies.

 
   

Download the Full Submission 

 

UN Secretary-General Releases Report on Conflict-Related Sexual Violence

NEW YORK — United Nations Secretary-General António Guterres released a report this week on sexual violence in conflict. It is the 11th report on the issue since the creation of the secretary-general’s Special Representative on Sexual Violence in Conflict in 2010.

Grant Shubin, legal director of the Global Justice Center, issued the following statement:

“The secretary-general’s report should be commended for clear progress it makes in several areas, including recognizing the intersecting identities of survivors, the need to move from political commitments to actual compliance, and the focus on a rights-based survivor centered approach. Still, we need to see stronger commitments to ensure sexual and reproductive health for survivors.

“We’re a year out from a Security Council resolution that called for a survivor-centered approach to conflict-related sexual violence and nevertheless are witnessing unprecedented attacks on women's bodily autonomy. The secretary-general could have made it unequivocally clear, like he has in multiple reports in the past, that we must fund and support comprehensive and non-discriminatory sexual and reproductive care, including abortion services and emergency contraception.”

Notably, the secretary-general’s report again included Myanmar’s military, the Tatmadaw, in its annex of parties responsible for conflict-related sexual violence.

“We should note the report’s inclusion of the Tatmadaw is directly contrary to what Myanmar’s internal investigation, the ICOE, found. This is another reminder that the ICOE was not a credible investigative body and did not produce a credible report. Domestic avenues for real accountability in Myanmar are non-existent.”

US Supreme Court Upholds Speech Restriction on NGOs

NEW YORK — The United States Supreme Court today ruled that foreign affiliates of American non-governmental organizations (NGOs) can be required to oppose sex work as a condition of funding. The ruling therefore holds that these affiliates, and the Americans who speak through them, have no First Amendment rights.

The policy upheld today is similar to other ideology-based US policies like the Global Gag Rule and the Helms Amendment, which prohibit US-funded NGOs from speaking about abortion.

Akila Radhakrishnan, president of the Global Justice Center, had the following response:

“With today’s ruling, the Supreme Court is putting its stamp of approval on yet another US policy that limits the human rights to free speech and association. Whether on abortion rights or sex work, the US is using the power of its purse to impose its own regressive ideology on the world. This has real world harms, as it devastates the critical work of NGOs, who are forced to choose between US funding, free speech, and the pursuit of work based on evidence and human rights. Today’s ruling from the Supreme Court further entrenches the ability of the US government to impose ideology over evidence.”

Q&A: Sexual Violence Survivors and their Access to Care Should not Be Forgotten

Excerpt of article from Inter Press Service that quotes GJC President Akila Radhakrishnan.

Akila Radhakrishnan, president of the Global Justice Centre, said that COVID-19 has been disproportionately affecting women, with higher risks of domestic violence, and difficulty in accessing assistance. 

“All of these risks are amplified in conflict settings, resulting in very real concerns over delayed access to care and legal processes,” she said.  

She said countries must go beyond paper commitments and take concrete steps to end impunity for these crimes, and provide meaningful support to survivors of conflict-related sexual violence (CRSV). 

“This crime is preventable, we just need the political and moral will to make it so,” she said. 

Read the article

Open Letter to the Secretary General: Annual Children in Armed Conflict Report

Dear Mr. Secretary-General,

As nongovernmental organizations working to alleviate humanitarian suffering and protect human rights, we strongly support United Nations Security Council Resolution 1612 (2005) and subsequent resolutions on children and armed conflict, as concrete tools for improving the protection of children in war.

We are, therefore, deeply disappointed and troubled by your new report on children and armed conflict (A/74/845-S/2020/525), and in particular, the significant disparities between the evidence presented in the report and the parties listed in its annexes for committing grave violations against children. We are writing to urge you to reconsider your decisions to de-list the Saudi-led coalition for killing and maiming children in Yemen, and the Tatmadaw for recruiting and using children in Myanmar. We also urge you to take steps to ensure that going forward, the annexes accurately and consistently reflect the evidence collected and verified by the UN’s Monitoring and Reporting Mechanism (MRM), in line with existing criteria. We have provided evidence of other concerning disparities between the annual report and its annexes in the attached annex.

Download the Full Letter