Confronting genocide in Myanmar

Confronting genocide in Myanmar

The urgent need to prevent and protect





Interethnic divisions in a young democracy cannot be downplayed or wished away, and it’s time Myanmar’s government and the international community acknowledge strong evidence that genocide is being perpetrated against the Rohingya and act to end it, Katherine Southwick writes.

Violence in Myanmar’s western Rakhine State escalated after a 9 October attackon border guard posts, leaving nine officers dead. Humanitarian assistance and media access to the area have been cut off for weeks while the Myanmar authorities conduct a counterinsurgency operation against allegedly Rohingya assailants. Responsibility for the initial attack remains unclear, however. More than a hundred people are thought to have died already, with 30,000 internally displaced adding to the 160,000 people who have been subsisting in squalid displacement camps since previous outbreaks of violence in 2012 and 2013. Human Rights Watch has released satellite imagery showing that over 1,200 buildings in Rohingya villages have been razed in the past month. Government soldiers have reportedly gang-raped Rohingya women and girls.

Bangladesh, which for 30 years has permitted more than 230,000 registered and unregistered Rohingya refugees to shelter in its territory, has been turning people back who seek refuge across the border. Thousands have already crossed and continue to gather at the Bangladesh-Myanmar border.

These events mark a dramatic deterioration in what has long been a desperate situation for a minority that many have identified as among the most persecuted in the world. Most of them are stateless, with the government designating them as “Bengalis” or “illegal immigrants,” despite many having had citizenship in the past and having lived in the region for generations. They have been subjected to forced labour and confined to displacement camps where they do not receive adequate food and medical care, leaving pregnant women and children particularly at risk of agonising illness and death.

Rohingya are subject to harsh restrictions on marriage, family size and movement. Their religious buildings have been destroyed, and those who flee on rickety boats to other countries such as Malaysia or Thailand have, in the past, been turned back to the open seas to die or suffer at the hands of traffickers or languish in indefinite detention.

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A question that haunts Myanmar’s government, and the international community, is whether what is happening to the Rohingya constitutes genocide. By now a credible claim can be raised that the internationally recognised crime of genocide is taking place in Myanmar. Accordingly, based on international legal obligations, the Myanmar government and other nation states should be taking all necessary actions to stop and avert the gravest kind of humanitarian catastrophe.

Under Article II of the 1948 Genocide Convention, which Myanmar has ratified, “genocide” is defined as “…any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.”

The Yugoslav tribunal has elaborated further on Article II (c) that deliberately inflicting conditions calculated to bring about a group’s destruction can include “subjecting the group to a subsistence diet, systematic expulsion from homes and denial of the right to medical services. Also included is the creation of circumstances that would lead to a slow death, such as lack of proper housing, clothing, and hygiene or excessive work or physical exertion.”

There is little doubt that for years the Rohingya population has suffered the acts listed in Article II (a) – (d) of the Genocide Convention.

On the intent requirement of the crime – that the acts are committed with the intent to destroy, in whole or in part, an ethnic or religious group – courts have taken a highly contextualised, case-by-case approach, to determining whether intent can be inferred from factual circumstances. Such an inference must be “the only reasonable one available on the evidence.” Additionally, as the Rwandan tribunal has stated: “The offender is culpable because he knew or should have known that the act committed would destroy, in whole or in part, a group.”

This case-by-case approach to intent, along with the high burden of proof requiring the evidence to be “fully conclusive,” renders genocide determinations unavoidably contestable. Other analyses could suggest that the overall intent of perpetrators in Myanmar is better understood as “ethnic cleansing,” which reflects the idea that the actual intent is to forcibly transfer or expel the Rohingya rather than physically destroy them.

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In the 2015 case of Croatia v. Serbia, which also included evidence of killings, sexual violence, forced labour, and displacement, the International Court of Justice did not find genocidal intent on the part of the Serbs against the Croats in the context of the Yugoslav war. Key considerations were that the conflict was seen as territorial and the Serbs had organised transportation for Croats to evacuate the territories that Serb forces had occupied.

The difference in the Rohingya case is that there is no clear escape from the abject misery and high risk of death or extreme abuse at the hands of traffickers or by other countries’ immigration authorities. There are no systematic measures to officially deport the population, either through providing transportation or agreeing to formal arrangements with receiving countries. Moreover, Rohingya are deterred from departing through restrictions on movement and punishments for leaving, such as by the removal from household lists, the extortion of family members left behind and imprisonment for “illegal” re-entry.

Hundreds, possibly thousands of babies born in squalid camps have suffered preventable deaths due to lack of food and medical care. The overall conditions are such that those persons imposing them over a prolonged period either know or ought to know, that the eventual outcome will be the physical destruction of the group, in whole or in part.

The complexity of proving genocide is ill-matched to the urgency of preventing and responding to genocidal situations when they arise. We could be waiting years for an international tribunal or a panel of experts to conclude authoritatively that genocide is or is not taking place. This scenario would come as too little too late for the many victims and their families, not to mention the domestic political fallout and economic disaster which would ensue after the fact. At the same time, the moral and political costs – the enduring stigma and potential criminal liability – of not acting to stop genocide are severe.

International law and institutions extricate us from this quandary through their emphasis on genocide prevention as an obligation that is at least as equally strong as protection. The 1948 Convention obligates states to prevent and punish genocide. The widely affirmed Responsibility to Protect doctrine requires states to prevent and protect victims from war crimes, crimes against humanity and genocide in the absence of a meaningful government response.

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This official White House photograph is being made available only for publication by news organizations and/or for personal use printing by the subject(s) of the photograph. The photograph may not be manipulated in any way and may not be used in commercial or political materials, advertisements, emails, products, promotions that in any way suggests approval or endorsement of the President, the First Family, or the White House.ÊThe US, the new Myanmar and the dragon in the background

We can now draw on ample scholarship and case law to identify situations that look very much like genocide and compel robust responses to live up to these obligations to prevent and protect. In 2015, the London-based International State Crime Initiative released a reportbased on a social scientific study and concluded that, “genocide is taking place in Myanmar” and warning of “the serious and present danger of the annihilation of the country’s Rohingya population.” Others have made a legal case for genocide, or the high risk of genocide, such as scholars Zarni and Cowley, Yale Law School’s human rights clinic, and former deputy prosecutor of the Yugoslav Tribunal, Sir Geoffrey Nice, among others.

Some might argue that the label for a crime should not matter, and in a sense they are right. These crimes too often occur along a spectrum that, without corrective action, can lead to the same calamitous result; massive loss of life and destruction.

We might think the responses would be the same, regardless of the words we choose to define the crime. However, too many international conferences and diplomatic meetings over the years have lamented the long list of persecutions and suffering this group has endured over decades, resulting in responses that are disproportionately inadequate to the gravity of the Rohingya’s plight. Tepid policies toward Myanmar and the Rohingya betray a deep-seated reluctance to label these crimes as genocide for fear of subverting the narrative so many in the world have waited for; an enlightened democratic transition. The notion of genocide in Myanmar risks turning the country back into an international pariah rather than an international darling.

But the current violence painfully illustrates that interethnic divisions in a young democracy cannot be downplayed or wished away. It is time for Myanmar, the Association of Southeast Asian Nations, the United Nations and others to face facts, to confront the prospect of genocide being perpetrated against the Rohingya. They must be open to judgment for their inaction, or more hopefully, take action and commit the resources needed to save lives throughout the region and preserve Myanmar’s future.

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By Myanmar Ethnic Rohingya Human Rights Organization Malaysia ( MERHROM) Posted in Uncategorized

21,000 Rohingya flee to Bangladesh from Myanmar: IOM

21,000 Rohingya flee to Bangladesh from Myanmar: IOM

AFP, Dhaka

Around 21,000 Rohingya have fled to Bangladesh in recent weeks to escape violence in neighbouring Myanmar, an official of the International Organisation for Migration said on Tuesday.

Bangladesh has stepped up patrols on the border trying to stem the tide of refugees who have been fleeing a bloody crackdown by Myanmar’s army in the western state of Rakhine since early October.

But Sanjukta Sahany, head of the IOM office in Bangladesh’s southeastern district of Cox’s Bazar which borders Rakhine, said around 21,000 members of the stateless ethnic minority had crossed over in the past two months.

The vast majority of those who arrived took refuge in makeshift settlements, official refugee camps and villages, said Sahany.

“An estimated 21,000 Rohingya have arrived in Cox’s Bazar district between October 9 and December 2,” she told AFP by phone.

“It is based on the figures collected by UN agencies and international NGOs” (non-governmental organisations).

Those interviewed by AFP inside Bangladesh had horrifying stories of gang rape, torture and murder at the hands of Myanmar’s security forces.

Analysis of satellite images by Human Rights Watch found hundreds of buildings in Rohingya villages have been razed.

Myanmar has denied allegations of abuse but also has banned foreign journalists and independent investigators from accessing the area.

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By Myanmar Ethnic Rohingya Human Rights Organization Malaysia ( MERHROM) Posted in Uncategorized

Sorry, Aung San Suu Kyi, the Rohingya Crisis Is No Laughing Matter

Sorry, Aung San Suu Kyi, the Rohingya Crisis Is No Laughing Matter

Protesters hold signs during a demonstration against what organisers say is the crackdown on ethnic Rohingya Muslims in Myanmar, outside the Myanmar embassy in Jakarta, Indonesia, November 25, 2016. The text on the poster reads, "Rohingya are our brothers". Credit: Reuters

Amidst widespread protests in Asian capitals over the ongoing massacre of Rohingyas in Western Myanmar, Adama Dieng, UN special adviser on the prevention of genocide, issued a sternly-worded statement over the “allegations of extrajudicial executions, torture, rape and the destruction of religious property” in Rohingya villages, and firmly urged the Aung San Suu Kyi government to “demonstrate its commitment to the rule of law and to the human rights of all its populations”.Human Rights Watch has presented satellite images of over a thousand charred buildings in Rohingya villages where government troops have been carrying out ‘clearance operations’ since October 9 when Rohingya militants, armed with swords, sticks and a ‘few hand-made’ guns, attacked three border posts near the country’s border with Bangladesh, killing several Burmese troops. For nine weeks, the government has locked down the northern portion of Rakhine State, blocking the flow of humanitarian assistance (both food and medicine) to 160,000 Rohingya Muslims. Rohingya activists have smuggled out grainy images of burning rice supplies in the areas of the military’s mop-up operations, indicating that the government intends to deprive the entire Rohingya population in the locked-down area of their food supply. The government’s intention can only be understood as an induced starvation of the Rohingya population – an act of genocide.

Reminiscent of past genocide cases, the government troops separate men of all ages from their families for brutal interrogations while raping women with blanket impunity. A friend told me about a phone conversation between a woman survivor and her relative, a Rohingya migrant worker in a poor neighbourhood called Salayang in Kuala Lumpur, Malaysia. The woman reportedly said, “Just wish us to die [a] fast death. We can’t bear this any more. They (the Burmese troops) are killing our men and boys. They are doing anything they please with us women. We don’t want to be carrying babies of these monsters. Please, please, send us birth control pills.”

Weeks of wanton slaughter, arson and rape have resulted in the displacement of over 30,000 Rohingyas from entire villages in the swampy flat plains of northern Rakhine. The UNHCR has estimated that at least 10,000 Rohingyas fleeing death and destruction have gathered along the 170-mile land and river borders with Bangladesh. The Bangladesh government has decided to keep its borders shut, forcing the refugees back to the Burmese side. A small number of those who have made it across to the nearest refugee camp tell tales of horror in Rakhine, confirming the widely reported allegations of mass atrocities against the Rohingyas in Myanmar.

History of oppression

These are just the most recent testimonies of a well-documented, systematic program of state-organised persecution of the Rohingya over the last four decades. General Khin Nyunt, former head of military intelligence with 25 years of intimate involvement in these violent operations against the Rohingya, recorded in his Burmese-language book The Problem of Burma’s Western Gate that nearly 280,000 Rohingyas fled to Bangladesh in the first large-scale operations against them in 1978. When General Ziaur Rahman of Bangladesh threatened to arm the Rohingyas if Myanmar refused to take them back, the Ne Win government grudgingly accepted the UNHCR’s managed repatriation of the majority of those who fled.

Following this repatriation, Myanmar’s military rulers enacted a new citizenship law in 1982, stripping the Rohingyas of all citizenship and legal rights, thus making them instant aliens on their own ancestral land. The law excludes from citizenship any Rohingya who cannot prove their ancestors were already in residence in Myanmar on the eve of the first Anglo-Burmese War of 1824. Few people have such records. This requirement is enforced only with respect to the Rohingya. The Rohingya are also excluded from the list of groups that were recognised as ethnic minorities in the multi-ethnic Union of Burma.

The official estimate of the Rohingya population is 1.33 million, of which 800,000 are completely without any legal status. They are effectively stateless. An estimated 60,000 Rohingya children are un-registered because the Burmese government refuses to grant each newborn the right to a nationality, in direct violation of its obligations as a party to the UN Convention on the Rights of the Child.

State-sponsored violence against the Rohingya and other minorities from 1978 to 2012 went largely un-reported in the global media because Myanmar was almost completely closed off from the western world. Since its commercial opening in 2012, the government of president Thein Sein framed its persecution of the Rohingya people as ‘communal or sectarian violence’ between the Muslim Rohingyas and Buddhist Rakhine people. The world has come to view the violence against the Rohingya as a clash between religious communities. In reality, it is ethnic persecution.

By releasing Aung San Suu Kyi from house arrest and permitting her party contest the parliamentary election, in which it won a majority, the Thein Sein military junta has lulled the world into believing that Myanmar is “democratising.” In fact, the junta still holds a quarter of the seats in parliament as well as the key ministries of defence, home affairs and border affairs. In sharp contrast to the official explanation of violence in Rakhine as communal, Suu Kyi’s government has sought to tell the world that her government is fighting Rohingya Muslim extremists who are spreading Islamic terrorism. Western governments have rolled back the economic, military and diplomatic sanctions on Myanmar and have moved to normalised relations.

Deafening silence

But Suu Kyi’s silence on the ongoing massacre of Rohingyas has not gone unnoticed. Fellow Nobel laureates and world leaders continue to call on her to stop the genocide being perpetrated by the Burmese generals, whose partnership and cooperation she depends on for her influence.

Not only have these calls fallen on deaf ears but they have become a laughing matter for Suu Kyi and much of the Burmese population, who remain deeply enthralled with the woman they call mother.

In her live webcast town hall meeting this week with thousands of adoring Burmese supporters in Singapore, where Suu Kyi was on a three-day official visit, she took a question from the audience, which framed the growing allegations of rape, arson and slaughter of Rohingyas as “external fabrications”. Suu Kyi agreed that the allegations are “fabrications”. Then, she laughed out loud.

Dieng and Yanghee Lee, UN special rapporteur on the situation of human rights in Myanmar, have requested independent UN investigations on the alleged ‘ethnic cleansing’ and other mass atrocities in the Rohingya region of Rakhine State. Instead, Suu Kyi’s government announced the establishment of a “national inquiry commission” with vice president Myint Swe as chair. Myint Swe, a former lieutenant general, also previously headed military intelligence and coordinated the border affairs army division, one of the main persecutors of the Rohingyas.

Suu Kyi and her government are in complete denial of the genocidal massacres being perpetrated against the Rohingya. When a Nobel Peace Prize finds allegations of genocide funny, she becomes undeserving of the prize. In fact, Suu Kyi should be prosecuted for complicity in the crimes.

Maung Zarni is co-author (with Alice Cowley) of The Slow Burning Genocide of Myanmar’s Rohingya and a grassroots Burmese activist who coordinated the international consumer boycott of Myanmar in support of the National League for Democracy from 1995-2004. Gregory Stanton is the founding president of Genocide Watch and research professor at George Mason University, USA.

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By Myanmar Ethnic Rohingya Human Rights Organization Malaysia ( MERHROM) Posted in Uncategorized

Former U.N. Official Urges Protection for Myanmar’s Rohingya Muslims

Former U.N. Official Urges Protection for Myanmar’s Rohingya Muslims

Most recent wave of violence prompted many Rohingya to cross over into Bangladesh

Former U.N. Secretary-General Kofi Annan, center, chairman of the advisory commission on Rakhine State, talked to journalists during a press briefing along with commission members Mya Thidar, left, and Saw Khin Tint, right, at a hotel Tuesday.ENLARGE
Former U.N. Secretary-General Kofi Annan, center, chairman of the advisory commission on Rakhine State, talked to journalists during a press briefing along with commission members Mya Thidar, left, and Saw Khin Tint, right, at a hotel Tuesday.PHOTO: ASSOCIATED PRESS

YANGON, Myanmar—Former United Nations Secretary General Kofi Annan said during a visit to Myanmar Tuesday that he was alarmed by reports of human rights abuses against the country’s ethnic-Rohingya Muslims and urged the country to do more to protect civil rights as a humanitarian crisis builds in the strife-torn west of the country.

Speaking to reporters in Yangon after meeting with Myanmar leaderAung San Suu Kyi and the country’s army chief, Mr. Annan said he stressed that “wherever security operations might be necessary, civilians must be protected at all times and I urge the security services to act in full compliance with the rule of law.”

Mr. Annan was visiting the country as part of a commission appointed by Myanmar leader Aung San Suu Kyi earlier this year to investigate long-term solutions to the longstanding tensions in Rakhine State, which borders Bangladesh. Tensions flared in early October after alleged Rohingya militants attacked three police outpost in early October, killing nine police.

The subsequent crackdown has prompted the largest surge of refugees out of the area since Buddhist nationalists attacked Rohingya villages in 2012, killing more than 100 people and forcing some 120,000 others into tented camps. Thousands of others have attempted to flee to Thailand or Malaysia.

The most recent wave of violence prompted many Rohingya to cross over into Bangladesh, where authorities already are struggling to absorb waves of new arrivals.

The U.N. has described the Rohingya as one of the world’s most-persecuted minorities. They are denied citizenship in Bangladesh, and in Myanmar, despite many tracing back their history in the country for generations.

Mr. Annan arrived in the country last week to travel to Rakhine State to meet with local leaders. In his meetings with Ms. Suu Kyi, who has faced growing international criticism for the situation in Rakhine, and army commander-in-chief Gen. Min Aung Hlaing, Mr. Annan said he had urged more access to the area for humanitarian groups and for journalists, who are current barred from entering northern Rakhine State.

Ms. Suu Kyi and Gen. Min Aung Hlaing couldn’t immediately be reached for comment.

The tone of Mr. Annan’s remarks, however, was cautious. He said it was too early to pre-judge a government investigation into how the violence escalated since October. He also said it was too early to say there was any evidence to claims from human rights groups that Myanmar’s military was pursuing a campaign of ethnic cleansing.

Write to James Hookway at

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By Myanmar Ethnic Rohingya Human Rights Organization Malaysia ( MERHROM) Posted in Uncategorized

Kofi Annan, in Myanmar, Voices Concern Over Reported Abuses of Rohingya

HONG KONG — Kofi Annan, the former head of the United Nations, said in Myanmar on Tuesday that he was “deeply concerned” by reports of human rights abuses in the country’s restive Rakhine State, where dozens of Rohingya Muslims are said to have been killed since October in a crackdown by the military.

Mr. Annan, who leads a commission that was formed in August to study conditions in Rakhine, spoke to reporters at the end of a weeklong visit to Myanmar, which included a trip to the northern areas of northern Rakhine where the army has been conducting a counterinsurgency campaign. Activists have relayed stories of rapes, arson, targeted killings and other atrocities said to have been committed against the Rohingya there by the army since Oct. 9, when insurgents killed nine police officers in attacks on border posts.

“We stressed in all our meetings that wherever security operations might be necessary, civilians must be protected at all times, and I urge the security services to act in full compliance with the rule of law,” Mr. Annan said on Tuesday.

“We also stressed that security operations must not impede humanitarian access to the population,” he said. “We have been given the assurance that humanitarian assistance is allowed access and trust that all communities in need will receive the assistance they require.”

Rights groups have reported that some villages in the area have been sealed off by the military, and that organizations that provide food aid and other assistance have been denied access.

Mr. Annan’s commission was formed with backing from Myanmar’s de facto leader, Daw Aung San Suu Kyi, weeks before the military crackdown began in October. The panel is expected to make recommendations to the government in late 2017 for alleviating Rakhine’s ethnic strife and impoverished conditions.

But the panel has faced criticism from multiple directions. Some rights groups have accused it of playing down the Rohingya’s plight, while some critics in Myanmar, formerly known as Burma, say it has advocated for the Rohingya at the expense of Rakhine’s Buddhist majority, some of whom clashed with the Rohingya in 2012 in a spasm of violence further south in the state that left dozens dead.

Perhaps the only point of agreement among the critics has been that they expect the panel to do little to improve the dire situation in Rakhine.

Speaking of Mr. Annan, Syed Hamid Albar, a former Malaysian foreign minister and the special Myanmar envoy for the Organization of Islamic Cooperation, said, “He’s a former secretary general, a very experienced diplomat and very well accepted, and he does not want a repeat of Rwanda” in Southeast Asia, referring to that African country’s 1994 genocide.

However, speaking about the panel’s members, he said, “The perception outside is that, even facing this serious situation, they don’t seem to be able to move.”

The Advisory Commission on Rakhine State, as Mr. Annan’s commission is formally known, was created at the Myanmar government’s behest, and in collaboration with Mr. Annan’s charitable foundation, as a “neutral and impartial body, which aims to propose concrete measures for improving the welfare of all people in Rakhine State,” according to its website. It has six experts from Myanmar and three from overseas, including Mr. Annan. None of its members are Rohingya.

Some human rights experts said the commission’s mandate was flawed from the start. Myanmar, they note, has said that the panel will operate in accordance with a 1982 law that is used to deny the Rohingya citizenship, on the pretext that they are not among Myanmar’s recognized “national races.”

Another problem, they said, is that the commission’s mandate focuses broadly on development and does not take an investigative approach to human rights violations, which they argue is essential, especially in light of the recent deaths.

Matthew Smith, the chief executive of Fortify Rights, a Southeast Asia-based advocacy group that has monitored human rights violations in Rakhine, likened the commission’s approach to “sending an ill-equipped plumber to fix an electrical problem.”

“We want the commission to succeed and we welcomed it, but if the commission isn’t careful, it may inadvertently participate in a whitewash,” Mr. Smith said in an email.

While the crackdown in Rakhine began in response to the killings of police officers in October, human rights groups say the response has been disproportionate to the scale of the threat, especially because the area, along the border with Bangladesh, has never been a hotbed of Islamic militancy. Thousands of the Rohingya have fled to Bangladesh, and the United Nations human rights agency has said that abuses against the Rohingya may amount to crimes against humanity.

The crackdown has led to growing international criticism, including by the government of Malaysia, a Muslim-majority nation, whose Foreign Ministry has called it “ethnic cleansing.” Prime Minister Najib Razak led a rally on Sunday in Kuala Lumpur, Malaysia’s capital, protesting the crackdown in Rakhine.

At the rally, Mr. Najib singled out Ms. Aung San Suu Kyi, a Nobel laureate, as not having done enough to prevent the bloodshed. “Does she really have a Nobel Peace Prize?” he asked.

On Tuesday in Yangon, Mr. Annan told reporters that the recent violence in Rakhine had underscored the “importance and immediacy” of his commission’s work. But some analysts said the mounting international criticism of the government’s actions in Rakhine made the commission’s work look even less relevant.

Penny Green, a law professor and expert on genocide at Queen Mary University of London, said that Ms. Aung San Suu Kyi had most likely chosen Mr. Annan, a fellow Nobel laureate, to lead the commission because he was a public figure whose “enormous moral capital” would portray her government in a positive light. But “his personal reputation as somebody who has defended human rights should be on the line here, too,” Professor Green said.

Muhammad Noor, the managing director of Rohingya Vision, a satellite television broadcaster with offices in Saudi Arabia and Malaysia, said the panel was overly concerned with diplomacy at the cost of ignoring what he called a human rights “disaster.”

He said his own information, compiled from sources within Rakhine, indicated that more than 200 Rohingya had been killed in the north since October, a far larger number than rights groups had reported.

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By Myanmar Ethnic Rohingya Human Rights Organization Malaysia ( MERHROM) Posted in Uncategorized