UNHuman Rights Council Resolution: A Success of Bangladesh’s Rohingya Diplomacy
Dr. Delwar Hossain || shiningbd
The UN Human Rights Council on 12 July 2021 adopted a resolution on the “Human Rights Situation of Rohingya Muslims and other Minorities in Myanmar” in its 47th session condemning human rights violations by Myanmar’s military against the Rohingya and other minorities, and called for a process of reconciliation.
The resolutionwas approved without a vote in the Geneva-based council. China, one of the 47 council members, told it could not join the consensus but nonetheless did not insist on bringing the text to a vote.
The text itself calls for a “constructive and peaceful dialogue and reconciliation, in accordance with the will and interests of the people of Myanmar, including Rohingya Muslims and other ethnic minorities.” It also voices “unequivocal support for the people of Myanmar and their democratic aspirations and for the democratic transition in Myanmar.” The resolution calls for the immediate cessation of fighting and hostilities, of the targeting of civilians and of all violations of humanitarian and rights laws.
It voices “grave concern” at continuing reports of serious human rights violations and abuses, including of arbitrary arrests, deaths in detention, torture, forced labour and “the deliberate killing and maiming of children.”
It also emphasized the need to bring those accused and responsible for all forms of torture, crimes against humanity and war crimes against Rohingyas, including sexual offenses, to justice under appropriate national, regional and international judicial mechanisms.
In this spirit, the resolution acknowledges the ongoing criminal proceedings in the International Criminal Court and the International Court of Justice. The resolution also reiterates the authority of the UN Security Council to determine what to do in such a situation.
It requested the UN High Commissioner for Human Rights to submit a report to the Human Rights Council and the UN General Assembly on the progress made in implementing the recommendations of the Independent International Fact-Finding Mission on Myanmar.
It also called for a panel discussion in the Human Rights Council on “the root causes of human rights violations and abuses against Rohingya Muslims and other minorities in Myanmar.”
The resolution appears to be comprehensive in its scope and mandate. It is the first of its kind adopted unanimously since the horrific attacks on the Rohingyas in August 2017. The Human Rights Council has been proactive in protesting against the Myanmar regime for its perpetration of ethnic cleansing and genocide. This UN body has, for the first time, termed the Myanmar regime’s brutality and atrocity against the Rohingyas as ‘the textbook case of ethnic cleansing’.
The resolution is significant for several reasons.
First, the resolution has been adopted unanimously although China, India and Russia are the members of the UNHRC. China as the staunch ally of the Myanmar regime did not hinder the passing of the resolution based on the rare consensus in the UN forum.
Second,the resolution remains a unique case of strong message to the military regime of Myanmar. Unlike the UN Security Council, the Third Committee and the General Assembly, the UNHRC has been able to bring together all 47 member countries to create a consensus on the gross violations of human rights against the Rohingyas and other minorities in Myanmar.
It may be mentioned that the Human Rights Council is an inter-governmental body within the United Nations system, made up of 47 States, which are responsible for strengthening the promotion and protection of human rights around the globe. The Council was created by the United Nations General Assembly on 15 March 2006 with the main purpose of addressing situations of human rights violations and making recommendations on them. The composition of the Human Rights Council shows participation of member countries from different regions in the world. Members are elected from Africa, Asia Pacific, West Europe, East Europe, Latin America, North America and other regions.
Third,the resolution has strongly condemned and warned the military regime for its brutality, atrocity and illegal grabbing of power. No international body has so far applied such a powerful statement against the military regime in Myanmar.
Fourth, it gives a hope to the Rohingyas and other ethnic minorities that the UN puts the issue on high level of agenda. It is also encouraging for the anti-Junta political activists that the global community keeps pressure on the Myanmar regime.
Finally, the resolution has echoed Thomas Andrews, the UN’s special rapporteur on the rights situation in Myanmar, who told the Human Rights Council earlier that the military had carried out crimes against humanity since taking control, and slammed the international community for failing to “end this nightmare.” He decried the “widespread, systematic attacks against the people” since the coup five months ago. Referring to the view of the people of Myanmar, he asserted that the junta is an illegitimate regime and, indeed, a terrorist scourge set loose upon them.
Another remarkable factor is that Bangladesh has played a pivotal role as a member of UNHRC in adopting the resolution. The resolution praised Bangladesh for providing shelter to the displaced Rohingyas while it called on the international community to continue providing humanitarian assistance until they return to Myanmar.
It is emphasized that since the massive influx of Rohingyas from Myanmar into Bangladesh in August 2017, this is the first time that any resolution on the Rohingya was adopted in the UN without a vote, due to the intense diplomatic efforts made by the Bangladesh. The ministry of foreign affairs observes that the adoption of the resolution by consensus is a big milestone for Bangladesh.During the adoption, Bangladesh Ambassador and Permanent Representative to the United Nations Office at Geneva argued that the issue of addressing the Rohingya crisis and the protection of the human rights of Rohingyas must remain high on the UN agenda.
Bangladesh strongly pointed out that the current political turmoil in Myanmar should not detract the international community from paying due attention to this crisis and seeking a durable solution.
Bangladesh urged the international community to play a visible and effective role in ensuring the return of the forcibly displaced Rohingyas with full security and dignity. Bangladesh continued pressure on different UN bodies and international community to provide a roadmap and clear direction to mitigate the sufferings of Rohingyas, particularly their repatriation in their home country.
In the wake of adopting the resolution, the Bangladeshforeign minister AK Abdul Momen urged UN Human Rights Council (UNHRC) and international community to constructively engage with Myanmar for early commencement of Rohingya repatriation to their homeland in Rakhine. He made it clear that the Rohingyas are Myanmar nationals and they must return to Myanmar.
It is critical to reiterate that Tom Andrew, the UN Special Rapporteur on the situation of human rights in Myanmar, fiercely attacked the states who are supporting the Myanmar regime and called for the urgent formation of an “Emergency Coalition for the People of Myanmar”to stop what he described as the military junta’s “reign of terror” in the country. He stressed that it was time to the end “the failure of those outside of Myanmar to take measures that could help end this nightmare”.
He raises a fundamental question:“Future generations may look back upon this moment and ask: ‘Did the people and nations of the world do all that they reasonably could to help the people of Myanmar in their hour of great peril and need?’ In his view the answer is negative. Besides, the UN Human Rights Chief Michelle Bachelet told the council that the situation in Myanmar had “evolved from a political crisis to a multi-dimensional human rights catastrophe”.
In conclusion, the UNHRC has again played a vital role in advancing the cause of the Rohingyas in times of intense geopolitical rivalry and COVID-19 pandemic by adopting the resolution with scathing attacks on the Myanmar regime for its atrocities. It may be recalled that the similar resolution was adopted by the UNHRC on 3 July 2015 in the backdrop of the torture and the Rohingya influx to Bangladesh.
In that resolution (A/HRC/29/L.30) on the human rights situation of Rohingya Muslims and other minorities in Myanmar, the Council condemned the systematic gross violations of human rights and abuses committed against all, including Rohingya Muslims in Rakhine State. In six years, the UNHRC has passed another historic resolution against the Myanmar regime in a new context that creates an opportunity for the international community to continue diplomatic pressure on Junta and its allies. It may be termed as another victory of Bangladesh’s Rohingya diplomacy.
Delwar Hossain, PhD is Professor of International Relations, University of Dhaka, Bangladesh.