Myanmar

Summary of Conclusions

1.              Rising sea levels and increases in temperature caused by climate change continue to impact Myanmar. Climate change poses a severe threat to habitability in Myanmar and the peoples’ right to self-determination.  The Government has taken steps to incorporate climate adaptation into its broader development plans. However, the Government has failed to address issues regarding the conflict or the Rohingya people in any of its climate change policies and plans.

2.              The Rohingya continue to face marginalization and persecution in Myanmar. The Government of Myanmar has failed to take meaningful action to ensure the equal protection of Rohingya still living in Myanmar and to create conditions conducive to the return of Rohingya refugees who fled from military-perpetrated violence.

3.              Conflict rages between the Myanmar military and various insurgent groups. The Myanmar military and armed organizations have committed serious human rights violations, including war crimes; however, the Government has failed to adequately intervene.

4.              Restrictions on the rights to freedom of expression, association, and peaceful assembly continue with impunity in Myanmar.

5.              The Government refuses to cooperate with international investigative mechanisms.

Analysis

Climate Change

6.              Myanmar is one of the most vulnerable countries in the world to the impacts of climate change. Myanmar has already witnessed sea-level rise; an increase in extreme high temperatures; an increase in the prevalence of drought events; an increase in the intensity and frequency of cyclones and strong winds; rainfall variability, including erratic and record-breaking intense rainfall events; and an increase in the occurrence of flooding and storm surge. Floods, cyclones, and droughts with increasing intensity and frequency have resulted in loss of life and damage to biodiversity, natural resources, infrastructure, and the economy.

7.              The breakdown and collapse of the Earth’s climate system is imminent and may have already commenced.

8.              Higher temperatures, rainfall variability, and sea-level rise resulting from climate change indicate increased risk of floods, cyclones, heavy rains, droughts, landslides, and extreme temperatures. The change in rainfall will increase the demand for water for drinking, irrigation, and food production while reducing forest vegetation cover and increasing the runoff, erosion, and sedimentation of rivers.  The extreme high temperatures are predicted to result in decreased agricultural production, outbreaks of disease, occurrences of wildfires in forest covers, and decline in water storage. Projected impacts of climate change further include salinization, snow-melt in the mountains, soil erosion and degradation, effects on biodiversity, and disruption of ecosystems.

9.              A majority of Myanmar’s population lives in areas exposed to climate change hazards. Among these areas are the Delta, which experiences tropical storms, cyclones, floods, and erosion, and the Dry Zone, which experiences chronic droughts and is susceptible to flooding.

10.           Myanmar’s coastal zones, particularly in the Ayeyarwady and Yangon divisions, face the greatest risk of suffering the negative consequences of climate change. If sea levels rise just half a meter by the end of the century, up to ten kilometers inland of Myanmar’s current coastline is predicted to become uninhabitable.

11.           Loss of habitable living space and agricultural land along the coasts has the potential to intensify existing ethnic conflict.

12.           Extreme flooding in the 2019 wet season forced over 190,000 people to seek emergency shelter and caused damage to homes, schools, and farms, aggravating the impacts of flooding from previous years. Flooding has affected at least 14 internally displaced persons (IDP) sites across five townships. As water sources become contaminated from flooding, the risk of disease spread increases.

13.           Because Myanmar’s agriculture is primarily rain-fed, changes in climate can have a severe impact on agricultural productivity, livestock, and food security in the country. The predicted rise in temperature in Myanmar is expected to reduce yields of desirable crops and increase weed and pest proliferation.

14.           The impacts of climate change have already violated and will continue to threaten the right of individuals in Myanmar to an adequate standard of living, ensured by Article 25 of the Universal Declaration of Human Rights (UDHR); the right to health, guaranteed by Article 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR), to which Myanmar is a state party; the right to food, protected by Article 2 of the ICESCR; the right to water (the Committee on Economic, Social, and Cultural Rights asserts that the right to water is not an only essential condition to survival, but also one that is inextricably tied to other rights); and the right to life, protected by Article 6 of the International Covenant on Civil and Political Rights (ICCPR) (to which Myanmar is not a state party). While Myanmar has not signed or ratified the ICCPR, the Government remains bound by erga omnes obligations under customary international law.

15.           The threat of inhabitability posed by climate change to Myanmar’s coastal zones undermines its inhabitants’ right to self-determination. A key component of self-determination is the right of peoples to permanent sovereignty over their natural resources. As sea levels rise, fresh-water sources turn salty, the ocean acidifies, and storms of historic intensities rage, the coastal zones of Myanmar may become unlivable, and its peoples may be forced to emigrate.

16.           The Myanmar Government has explicitly recognized the increasing threat of extreme weather and other climate change impacts to the country’s economic and social development. The Government has taken steps to mainstream climate adaptation into its broader development plans.

17.           The Myanmar Climate Change Alliance (MCCA) program (2013–2019) was implemented with the primary objectives of mainstreaming climate change adaptation in policy development and building the government’s to identify and respond to climate change vulnerabilities. The Myanmar Climate Change Policy and the accompanying Myanmar Climate Change Strategy and Master Plan resulted from these efforts. A second phase of the MCCA was scheduled to launch in April 2020. MCCA-2 is predicted to have a greater focus on the implementation of the developed strategies.

18.           Myanmar Climate Change Strategy (MCCS) presents a roadmap to guide Myanmar’s strategic response and actions to address climate-related risks. The MCCS and Master Plan were designed to support the National Comprehensive Development Plan, Myanmar Sustainable Development Plan, National Sustainable Development Strategy, and Green Growth Strategy, and are mandated by the Myanmar Climate Change Policy and the National Adaptation Programme of Action and the Nationally Determined Contribution. The MCCS contains detailed sectoral plans that identify time-bound priority actions to achieve sector outcomes.

19.           Other projects and plans undertaken by the Myanmar Government include the Myanmar Rehabilitation and Reforestation Programme, Myanmar’s Dry Zone project and the Addressing Climate Change Risk on Water Resources and Food Security in the Dry Zone of Myanmar project.

20.           The Government has failed to address issues regarding the conflict or the Rohingya people in any of its climate change policies and plans.

Rohingya Crisis

21.           The Rohingya, an ethnic minority in Myanmar not recognized by the country’s constitution, have long been marginalized and persecuted. Rakhine state was historically home to 1.2 million Rohingya, comprising nearly 40% of the state’s population. However, decades of violence have forced many Rohingya to flee Myanmar. The most severe episode of violence occurred in August 2017 after the Arakan Rohingya Salvation Army, a group claiming to fight for the liberation of the Rohingya (but also accused of massacring Hindus in Rakhine) attacked multiple Myanmar police posts. The military embarked on a violent campaign in response, killing civilians and burning Rohingya villages. Since then, security forces have killed thousands of Rohingya people, raped women and girls, tortured men and boys, and burned down hundreds of homes and villages. These acts constitute crimes against humanity and genocide.

22.           The majority of displaced Rohingya have settled in Cox’s Bazar in Bangladesh (850,000), especially since August 2017, when more than 700,000 Rohingya fled Rakhine state. Small populations of displaced Rohingya are also found in other countries of South Asia, including Malaysia (100,000). The conditions for refugees outside Myanmar remains dire; however, Rohingya refugees have rejected the prospect of return until safety in Myanmar can be guaranteed.

23.           Approximately 600,000 Rohingya still live in Rakhine state. Their rights to equality (UDHR Art. 1), nationality (UDHR Art. 15; ICCPR Art. 24; ICERD Art. 1, to which Myanmar is not a State Party; CRC Art. 7, to which Myanmar is a State Party), freedom of movement (UDHR Art. 13; ICCPR Art. 12), and access to education (UDHR Art. 26; ICESCR Art. 13), health (ICESCR Art. 12), and work opportunities (UDHR Art. 23) have been routinely violated.

24.           Rohingyas, particularly in Rakhine State, are subject to systematic discriminatory policies, institutionalized segregation, and severe movement constraints. Such constraints threaten their freedom of movement guaranteed by UDHR Article 13 and ICCPR Article 12. Over 120,000 people have been confined to displacement sites since 2012, and access to services, including healthcare and quality education, is severely limited. The situation is aggravated by entry restrictions for international aid organisations, limiting access either to the country or to specific regions.

25.           Restrictions related to the COVID-19 pandemic have resulted in the Governments of Malaysia and Bangladesh refusing entry to boats of Rohingya refugees. Consequently, as many as 1,000 Rohingya on three different boats are currently stranded off the coasts of Malaysia and Bangladesh.

26.           The Government of Myanmar has failed to take meaningful action to create conditions conducive to the return of hundreds of thousands of Rohingya refugees who fled from military-perpetrated violence.

27.           In September 2016, the Government of Myanmar established an Advisory Commission on Rakhine State to identify and tackle challenges facing Rakhine state. Despite its claims, the Government has made no progress in implementing the recommendations of the Advisory Commission on Rakhine State.

Internal Armed Conflict

28.           The Myanmar military and armed organizations have committed serious human rights violations, including war crimes. Conflict rages between the Myanmar Armed Forces (Tatmadaw) and various insurgent groups, referred to as “ethnic armed organizations” (EAOs).

29.           Conflict in Kachin escalated in 2011, following the collapse of a ceasefire between the Tatmadaw and the Kachin Independence Army. Although limited new violence has occurred since 2018, around 100,000 people remain displaced. Moreover, civilians in Kachin have been subjected to arbitrary arrests (prohibited by ICCPR Article 9) and torture (prohibited by CAT, to which Myanmar is not a State Party) and other ill treatment perpetrated by the military.

30.           Intensified clashes between the Tatmadaw and the Arakan Army in Rakhine, Chin and Shan states since November 2018 have triggered mass displacement and impeded the provision of humanitarian assistance. Many were displaced multiple times, undermining their access to livelihoods and their short-term and long-term food security.

31.           Nearly one million people are in need of humanitarian assistance in Myanmar. The right to humanitarian aid is protected by the Fourth Geneva Convention, Article 23, to which Myanmar is a State Party. However, the Government of Myanmar continues to restrict access to humanitarian aid for populations in need.

32.           The military committed serious violations against civilians, including unlawful attacks, arbitrary arrests, torture and other ill-treatment, enforced disappearances, extrajudicial executions, and forced labor. Ethnic armed groups have committed serious abuses against civilians, including abductions, torture and other ill treatment, forced labor, and extortion. The Arakan Army, in particular, has perpetrated abuses against civilians, including deprivation of life, threats and intimidation, and abductions.

33.           The recent escalation of internal conflict has resulted in a spike in landmine fatalities and injuries. Myanmar is the only country in the world whose military still deploys landmines. The use of landmines poses a major protection risk to civilians in Rakhine State. Civilians collecting food or supplies from the surrounding forests as well as migrants and farmers traveling through fields are the most vulnerable to landmine explosions.

34.           The National Ceasefire Agreement (2015) and subsequent peace conferences held in Myanmar have failed to end conflict in the country.

Status of Democratic Mechanisms

35.           Restrictions on the rights to freedom of expression, association, and peaceful assembly continue in Myanmar. Security forces have filed criminal complaints against human rights defenders, lawyers, journalists, peace campaigners, democracy activists, and other members of civil society in an attempt to silence critical reporting. This is in violation of ICCPR Article 19 (protecting freedom of expression), Article 21 (protecting freedom of assembly), and Article 22 (protecting freedom of association).

36.           Authorities continue to arbitrarily arrest and detain human rights defenders and other peaceful activists. Reports of arbitrary arrest were often accompanied by allegations of torture and other ill treatment aimed at obtaining information about the Arakan Army. Enforced disappearances have also been documented. Such acts violate the right to be free from arbitrary arrest and detention, guaranteed by UDHR Article 9 and ICCPR Article 9. Myanmar’s jailing of activists and critics is also in violation of Article 14 of the ICCPR (providing equal protection and due process guarantees) and Article 9 (prohibiting arbitrary arrest and detention). While Myanmar has not signed or ratified the ICCPR, the Government remains bound by erga omnes obligations under customary international law.

37.           The Government established the Independent Commission of Enquiry to probe abuses in Rakhine state from August 2017; however, the commission lacks competence, independence, and impartiality.

38.           In February 2019, the military announced the creation of an “Investigative Court,” established to examine allegations of violations and abuses in Rakhine state. Because the court involves the military investigating military violations, this new measure lacks independence and partiality. Moreover, investigations into ongoing violations and abuses in other parts of the country are rare and perpetrators are seldom held accountable.

39.           In September 2019, the Independent Investigative Mechanism for Myanmar was established to collect and preserve evidence of serious crimes and prepare files for criminal prosecutions.

40.           The Government of Myanmar denied access to the UN Special Rapporteur on the situation of human rights in Myanmar for a second year in 2019.

41.           The Government of Myanmar rejected the UN Fact-Finding Mission on Myanmar’s September 2019 report on serious and ongoing violations, asserting a lack of evidence.

42.           In November 2019, the ICC officially launched an investigation into the forcible deportation of Rohingya from Myanmar and other related crimes.

43.           Impunity persists for serious human rights violations and abuses as the Government of Myanmar refuses to cooperate with international investigative mechanisms.

Recommendations

44.           The Government of Myanmar should ratify the ICCPR, ICERD, and CAT.

45.           The Government should take active measures to safeguard the rights of Rohingya to equality, a nationality, freedom of movement, and access to education, healthcare, and work opportunities. This includes implementing the recommendations of the Advisory Commission on Rakhine State and identifying and addressing the climate change-related risks unique to Rohingya.

46.           The Government should put an end to all military and security operations that are unlawful, unnecessary, or disproportionate, especially where they target civilians.

47.           The Government should end the use of landmines and embark on an initiative to safely remove all landmines from areas populated by or near civilians.

48.           The Government should take active measures to increase access to humanitarian aid, particularly in conflict zones.

49.           The Government should end all harassment and prosecution of political activists and critics for the peaceful exercise of their rights to freedom of expression, association, and assembly.

The Government should allow for international human rights monitors on the ground to observe and advise on ways to ensure the human rights compliance of the repatriation process for Rohingya and other refugees. Furthermore, the Government should grant access to the UN Special Rapporteur on the situation of human rights in Myanmar.

Link on the United Nations System

Universal Periodic Review Third Cycle - Myanmar - Reference Documents on the United Nations System