31 October 2015

Editorial: Is Genocide Underway in Myanmar?

By Shawn W. Crispin

A new legal analysis released this week presents strong evidence that it is.

Does Myanmar’s systematic persecution of its ethnic Rohingya population legally constitute genocide? And, if so, who should be held accountable?

New legal analysis by Yale Law School’s Lowenstein Clinic in conjunction with rights group Fortify Rights presents strong evidence to suggest that genocide is being committed against the Muslim minority group by Myanmar state actors, including the army, police and a recently disbanded border security force known as Nasaka.

The research, launched on Thursday at a press event in Bangkok, applies the 1948 Genocide Convention’s checklist of criminal elements to the Rohingya’s situation in Myanmar’s Rakhine State. The findings confirm that the Rohingya qualify as a protected group, that they have suffered acts defined under the convention as genocide, and that the state-sponsored acts have been committed with the intent to destroy the Rohingya as a distinct ethnic group, in whole or in part.

While acknowledging the Rohingya suffered discrimination and abuses under previous military rule, the Yale analysis focuses on abuses committed from 2012 to present under President Thein Sein’s quasi-civilian administration. These include documented cases of arbitrary detention, forced labor, sexual violence, restrictions on free movement and population control policies the report’s researchers likened to “biological genocide.” The study follows a 2013 Human Rights Watch report that characterized the persecution as “ethnic cleansing”, a non-legal term that lacks the criminal ramifications of genocide accusations.

Read the full story at The Diplomat