17 RECOMMENDATIONS OF THE PEOPLES’ TRIBUNAL ON MYANMAR
Recommendations of the Peoples’ Tribunal on Myanmar
For more information, see the preliminary version of the PPT’s Judgment.
Measures for the government and people of Myanmar
Urgent measures to minimise further harms
1. A ceasefire package and de-militarisation should be negotiated by government and ASEAN representatives with all armed groups in Rakhine state and the Myanmar military, including a de-militarised zone along the border in the northern region of Rakhine state.
2. The “verification process” proposed by Aung San Suu Kyi and others should without any further delay guarantee that all persons born or naturalised in Myanmar are considered full citizens of Myanmar and are issued national identity cards, with all the rights of full Myanmar citizenship.
3. Myanmar must grant visas and full access to the fact-finding mission of the UN Human Rights Council and others in order to investigate and document human rights abuses against the Rohingya, other Myanmar Muslims, Kachin and other groups.
Democracy, participation and citizenship
4. Myanmar must end its official discrimination and persecution of the Rohingya, Kachin, Myanmar Muslims and other groups. Myanmar must repeal or amend the 2008 Constitution, the 1982 Citizenship Law and other discriminatory law and policies in order to extend full citizenship to the Rohingya and other groups, ensuring all rights guaranteed by the treaties and conventions to which Myanmar is a party as well as the Universal Declaration of Human Rights.
5. Military representation in Parliament should be abolished, and all members of Parliament should be democratically elected. Minorities should not be barred from representation in Parliament.
6. The 2008 Constitution should be amended in order to place the Armed Forces and Police under full civilian authority.
Justice and the rule of law
7. Myanmar must prosecute in its courts perpetrators of human rights abuses, hate crimes, genocidal massacres, rape, torture, arson and ethnic and religious violence against the Rohingya, Kachin, Myanmar Muslims and other groups. There must be no more impunity for military personnel, police or militias.
Human rights and accountability
8. An independent, non-governmental Commission should be established to develop a program for rehabilitation and compensation to all those injured through violation of human rights.
Transformation, inclusion and inequality
9. Recognition of the capacity of the peoples in the different states to administer their own affairs consistent with commitment to a united, federal Myanmar. The reality of internal colonialism and the policy of Burmanisation need to be confronted and transformed.
Measures for the government of Myanmar and its neighbouring countries
10. Myanmar and neighbouring nations must allow humanitarian, human rights, religious organisations and journalists unobstructed access to Rakhine state and Rohingya refugees, and to areas with Kachin and other national groups.
11. There is a tendency to view the refugee flow through a security lens. Such a perception is not only flawed but may also result in improper policy responses. We urge all concerned to view refugees with compassion and humanity, and thus to highlight threats to the human security of refugees rather than viewing them as a national security threat.
We urge the Bangladesh government to:
a) issue a temporary identity document that will protect the Rohingya refugees, including those arriving in previous years, from detention for illegal entry.
b) ensure treatment of the wounded and in due course put in place psychological support to the refugees, especially affected children and abused women.
Measures for the ASEAN and other members of the international community
12. ASEAN nations are encouraged to share responsibility for the emigration crisis and open their borders to Rohingya asylum seekers in accordance with the ASEAN Charter, and permit them to settle in refugee camps until Rohingya are granted full citizenship rights in Myanmar.
13. The EU, USA, Japan, China and other prosperous nations should provide the financial and material resources necessary to support the burden borne by Bangladesh, Malaysia and other nations that welcome Rohingya refugees.
14. The hosting countries’ law enforcement agencies and community organisations must remain vigilant, while NGOs and the media should be encouraged to raise awareness about traffickers’ methods and the consequences of trafficking. Women and unaccompanied children are particularly vulnerable to both internal and cross-border trafficking.
Measures for international and regional institutions
15. Impose an immediate arms embargo on the government of Myanmar.
16. Targeted sanctions should be imposed on Myanmar government officials and perpetrators of human rights abuse, e.g. freezing of overseas bank accounts, a ban on travel outside Myanmar and a plan to escalate sanctions should the government fail in its general duty to protect its people and to stop the human rights violations by the military and by private persons and organisations.
17. An independent, international non-governmental Commission should be established in order to investigate the causes of and responsibility for the harms about which the world has now been made aware.