Situation of human rights of Rohingya Muslims and other minorities in Myanmar - Report of the Secretary-General (A/78/278)

Seventy-eighth session

Item 73 (c) of the provisional agenda*

Promotion and protection of human rights: human rights

situations and reports of special rapporteurs and representatives

Summary

The present report is submitted pursuant to General Assembly resolution 77/227 and covers the period from 15 August 2022 to 14 August 2023. In addition to the human rights situation of Rohingya Muslims and other minorities, the report focuses on the continued deterioration of the political, humanitarian and security situation in Myanmar following the military takeover in February 2021, including further restrictions of human rights and the worsening of socioeconomic conditions. There is an urgent need for safe, full and unhindered humanitarian access to vulnerable communities in line with international principles. That urgency has been compounded by the devastation caused by Cyclone Mocha in May 2023. The report highlights the continued brutal repression by the military. Thousands have been killed since February 2021, including children, with reports of increased sexual and gender-based violence committed by the military while civic space continues to shrink. The multifaceted crisis in Myanmar continues to yield serious regional implications, including displacement and the proliferation of illicit activities. Since February 2021, more than 64,000 people have fled and remain outside of Myanmar. More than 1.6 million people have been internally displaced. Rohingya people remained displaced domestically and abroad, including nearly 1 million Rohingya in Bangladesh. While peaceful opposition to the military persisted, armed resistance expanded, adding to an already precarious situation. There has been no meaningful action by the military to address the root causes that led to the forced displacement of the Rohingya population. The United Nations will continue to stand in solidarity with the people of Myanmar and to support their democratic aspirations for an inclusive, peaceful and just society and the protection of all communities, including the Rohingya. As part of this effort, the Organization will seek to further strengthen cooperation with the Association of Southeast Asian Nations towards de-escalating the violence and reaching a sustainable political solution in line with relevant General Assembly resolutions and Security Council resolution 2669 (2022).

I. Introduction

1. The present report is submitted pursuant to General Assembly resolution 77/227, in which the Assembly requested the Secretary-General to continue to provide his good offices and pursue discussions relating to Myanmar, involving all relevant stakeholders, and to offer assistance to Myanmar, and to submit a report to the General Assembly on all relevant issues addressed in the resolution at its seventy-eighth session. The present report covers the period from 15 August 2022 to 14 August 2023.

2. During the reporting period, the political, security, humanitarian and human rights situation in Myanmar deteriorated further, and socioeconomic conditions worsened, affecting regional stability, in particular in terms of increased illicit activities. Armed conflict and violence continued to intensify, displacing communities across Myanmar, with many seeking asylum across borders. The devastation caused by Cyclone Mocha in May 2023 and access constraints compounded multiple vulnerabilities in conflict-affected areas.

3. Myanmar remains extremely vulnerable to natural disasters, including cyclones, flooding, extreme temperatures and droughts, disproportionately affecting the most vulnerable. The collapse of many rule of law and regulatory safeguards since the military takeover has also resulted in the illegal exploitation of natural resources.

4. The Secretary-General and his Special Envoy continued to condemn all forms of violence and reiterated calls for the military to respect the will of the people, to refrain from repression and to act in the greater interest of peace and stability in Myanmar and the region. In a statement ahead of 1 February 2023, which marked two years since the military takeover, the Secretary-General expressed his ongoing solidarity with the people of Myanmar in support of their democratic aspirations for an inclusive, peaceful and just society and the protection of all communities, including the Rohingya. He called for the release of all those arbitrarily detained, including President Win Myint and State Counsellor Aung San Suu Kyi.

5. The Secretary-General has called for neighbouring countries and other Member States to leverage their influence over the military leadership. The Secretary-General drew global attention to Myanmar as the multifaceted crisis continued to unfold, including through his strong condemnation of large-scale aerial attacks by the military and his expression of deep concern about the ongoing political repression.

6. On 21 December 2022, the Security Council adopted resolution 2669 (2022), in which it demanded an immediate end to all forms of violence throughout the country and urged restraint and de-escalation of tensions, while acknowledging the central role of the Association of Southeast Asian Nations (ASEAN), including its five -point consensus on Myanmar. The Council further urged the military to immediately release all arbitrarily detained prisoners, including President Win Myint and State Counsellor Aung San Suu Kyi, and reiterated its call to uphold democratic institutions and processes and to pursue constructive dialogue and reconciliation in accordance with the will and interests of the people of Myanmar. The Council also requested the Secretary-General, in coordination with the ASEAN Special Envoy, to report orally to the Council by 15 March 2023. The Council convened a private meeting on 13 March 2023 and heard briefings from the Minister for Foreign Affairs of Indonesia, in her capacity as the representative of the ASEAN Chair, and from the Special Envoy of the Secretary-General. The Council also met twice in closed consultations to consider the situation in Myanmar during the reporting period.

8. On 15 December 2022, the annual General Assembly adopted by consensus resolution 77/227 on the situation of human rights of Rohingya Muslims and other minorities in Myanmar.

9. The Special Envoy briefed the General Assembly on 25 October 2022 and 16 March 2023, and called for regional unity and international coherence in support of a process led by Myanmar to end the violence and return to the path of democracy. The Special Envoy also emphasized the need for the delivery of humanitarian assistance through all available channels and the protection of civilians.

10. The Special Envoy visited Myanmar from 16 to 18 August 2022 and met with the Commander-in-Chief of the Myanmar armed forces, Senior General Min Aung Hlaing, to press for full and unimpeded humanitarian access and stress that progress depended on an end to the violence and visible and significant improvements in the lives of the people of Myanmar. Following the execution of pro-democracy activists in late July 2022, which the Secretary-General strongly condemned, the Special Envoy urged the Senior General to impose a moratorium on executions. She also reiterated the call of the Secretary-General for the release of all political prisoners. The Special Envoy further highlighted the responsibility of Myanmar to create conditions conducive to the voluntary, safe, dignified and sustainable return of refugees. Her visit was preceded by consultations with a range of stakeholders, including the National Unity Government and key ethnic armed organizations.

11. The Special Envoy visited Bangladesh from 22 to 26 August 2022 to engage with refugees in Cox’s Bazar and highlight the need for greater responsibility-sharing, while recognizing the continued generosity of that country. On 21 and 22 February 2023, the Special Envoy visited Saudi Arabia to discuss potential cooperation with the Organization of Islamic Cooperation on educational opportunities for Rohingya refugees. The Special Envoy also visited Indonesia from 4 to 6 April to strengthen cooperation with the ASEAN Chair and the ASEAN Special Envoy on Myanmar. She visited China and India from 1 to 3 May and on 9 and 10 May, respectively, to call for strengthened regional unity to respond to the crisis in Myanmar.

12. The Secretary-General and his Special Envoy repeatedly cautioned against proceeding with any electoral process without a genuine, inclusive political dial ogue and conditions that permitted citizens to freely exercise their political rights without fear or intimidation, as this risked further exacerbating violence and instability.

13. On 11 November 2022, ASEAN leaders attending the fortieth and forty-first ASEAN Summits reaffirmed the need to implement the five-point consensus “in its entirety” and requested ASEAN foreign ministers to develop “an implementation plan that outlines concrete, practical and measurable indicators with a specific timeline”. In his address to ASEAN leaders, the Secretary-General reiterated his support for ASEAN playing a vital role in contributing to multilateral solutions to respond to the political, security, human rights and humanitarian situation in Myanmar.

14. ASEAN leaders met again from 9 to 11 May 2023 and, in a statement by the Chair, reiterated their “unified position” that the ASEAN five-point consensus remained their “main reference” in addressing developments in Myanmar, and supported the Chair’s continued engagement with all stakeholders in Myanmar to find a peaceful and durable solution. In a statement following their meeting of 11 and 12 July 2023, ASEAN foreign ministers “urged all parties involved to take concrete action to immediately halt indiscriminate violence, denounce any escalation, and create a conducive environment for the delivery of humanitarian assistance and inclusive national dialogue”.

15. The United Nations is committed to staying in Myanmar and addressing the multiple vulnerabilities arising from the actions of the military since February 2021. Humanitarian and community resilience needs increased significantly during the reporting period, while the United Nations and other operational partners faced greater constraints and risks in delivering assistance. Despite these factors, the United Nations continued to deliver support to the people of Myanmar and scaled up the response, reaching 4.4 million people in 2022 and a further 1.8 million people in the first six months of 2023. The State Administration Council continued to limit access to affected populations in many parts of the country, including in the wake of Cyclone Mocha, which caused significant damage in many parts of Myanmar. In May, unidentified assailants attacked an ASEAN Coordinating Centre for Humanitarian Assistance on Disaster Management convoy under military escort, underscoring the challenges in delivering assistance in a complex security environment. Since February 2021, the military has enacted numerous measures, including an extension of the state of emergency and the introduction of martial law in 47 townships as of the end of February 2023, alongside Internet shutdowns in over 20 townships, eroding civic space and restricting the exercise of human rights, such as the rights to freedom of opinion and expression and freedom of peaceful assembly and association. During the reporting period, the introduction of an organization registration law established new, cumbersome administrative steps to register and re-register civil society organizations and international non-governmental organizations, and imposed severe criminal penalties for non-compliance, including prison sentences.

16. Elections initiated by the State Administration Council appear unlikely to occur this year. The military had pledged elections as part of its five-point road map, but the efforts of the State Administration Council to consolidate control included revisions to the election law that led to the dissolution of some of the most popularly supported political parties, including the ousted National League for Democracy. The extension of the state of emergency, and the sustained offensive against the resistance, including ongoing aerial bombardment in civilian populated areas, continued to drive conflict and violence throughout the country.

17. The State Administration Council continued its engagement with select ethnic armed organizations signatory to the Nationwide Ceasefire Agreement, inviting their leaders to what it described as peace talks in Nay Pyi Taw. Key ethnic armed organizations, especially those engaged in active conflict, including several signatories to the Agreement, declined to participate. The State Administration Council has excluded key resistance movements, including the National Unity Government, as well as the National Unity Consultative Council and the Committee Representing Pyidaungsu Hluttaw, foreclosing the opportunity for genuine and inclusive dialogue. The State Administration Council continues to designate the National Unity Government, the Committee Representing Pyidaungsu Hluttaw, and the People’s Defence Forces as “terrorist organizations”.

18. Ethnic states in border areas, as well as central Myanmar regions, including Sagaing and Magway, remain among the most affected by armed conflict, refl ecting sustained opposition to the Myanmar military. Resistance forces, including selfdeclared People’s Defence Forces in these areas, have increased their collaboration with established ethnic armed organizations, and some of these forces have grown increasingly sophisticated, utilizing new technologies and accessing regional arms markets. Some resistance groups are also carrying out attacks on targets they perceive as pro-military as the State Administration Council continues to support and reportedly increasingly rely on militias that work alongside security forces. Such groups include the Pyu Saw Htee militia, which includes military veterans and supporters active in Sagaing and Magwe, as well as several other militias allegedly responsible for targeted killings, notably of civilians, elsewhere in the country.

19. Despite efforts by the Myanmar armed forces to assert control, popular support for the resistance persisted, which also affected key allies, including the Border Guard Forces. In June, armed personnel from the military-aligned Border Guard Forces in Kayah State broke ranks and fought alongside resistance forces against military targets. The defection, assessed by some as the first substantial defection from the Border Guard Forces since the military takeover, reflected the competing pressures faced by some allies of the Myanmar armed forces.

20. Throughout the reporting period, there continued to be credible reports of aerial bombardments, large-scale burning of villages, killings of civilians, and sexual and gender-based violence by the Myanmar armed forces. There were also reports of resistance groups using violence and committing human rights abuses. The Secretary - General has called on all sides to exercise maximum restraint and to desist from any form of violence and focus on reducing the suffering of the people as a prerequisite for sustainable peace.

21. Reflective of growing social cohesion across ethnic and political party lines, several key ethnic armed organizations, the National Unity Government and civil society organizations articulated several proposals aimed at fostering domestic political coherence and responding to the increasing humanitarian and protection needs of the most vulnerable communities, including by working with the Un ited Nations, ASEAN and neighbouring countries.

22. For example, National Unity Government and National Unity Consultative Council members, including representatives of women’s groups, labour groups and ethnic armed organizations, formed a joint coordination committee on humanitarian assistance to coordinate policy in relation to the delivery of aid to communities affected by human-made and natural disasters. The National Unity Government and several key ethnic armed organizations, including the Chin National Front, the Karen National Union and the Karenni National Progressive Party, conducted a joint humanitarian assessment of the most vulnerable areas of Myanmar and shared it with international actors. This group, together with humanitarian civil society organizations, continued to promote an inclusive humanitarian forum led by Myanmar aimed at addressing vulnerabilities through all channels, including credible, locally led organizations.

23. In Rakhine State, there was some incremental improvement in freedom of movement for the Rohingya owing to improved intercommunal relations in certain areas. However, no discernible efforts were noted on the part of the military to address the structural issues that impede the peace and prosperity of Rakhine State and that disproportionately affect Rohingya communities.

24. Civil and citizenship documentation remained inaccessible for the vast majority of the Rohingya owing to complicated and lengthy procedures, as well as prohibitive costs. Citizenship application remains contingent on possessing the National Verification Card or Identity Card for National Verification, which continue to designate Rohingya as “Bengali”. Rohingya communities continued to face significant challenges in registering the births of their children and updating household lists, which affects their freedom of movement, access to services, school enrolment and civil and other key documentation, including with regard to housing, land and property.

25. Cyclone Mocha caused significant damage in Rakhine State, with Rohingya in internally displaced persons camps among the worst affected. The Office for the Coordination of Humanitarian Affairs estimated that almost 5.4 million people were in the cyclone’s path in Rakhine and north-west Myanmar. In response, humanitarian partners issued a flash appeal to assist 1.6 million people in the affected areas, including 1.1 million already targeted as part of the Myanmar humanitarian response plan for 2023. The combined humanitarian response plan and flash appeal for 2023 would assist 5 million people and require $887 million. As at 14 August 2023, the combined response plan was only 25 per cent funded.

26. The retraction by the State Administration Council of initial approval for the cyclone-related distribution and transportation plans of the United Nations and the temporary suspension of travel authorizations for humanitarian organizations in Rakhine impeded the humanitarian response and compounded the already dire living conditions of the cyclone-affected population. Despite restrictions, humanitarians reached almost 607,000 people with food assistance in Rakhine, and more than 274,000 people with shelter support, while support was provided in other areas, including health care, nutrition, and short- and long-term recovery and communitybased resilience support. The Resident Coordinator and Humanitarian Coordinator ad interim for Myanmar called on the State Administration Council to urgently reconsider its decision to deny access.

27. The Special Envoy of the Secretary-General on Myanmar, Noeleen Heyzer, concluded her assignment on 12 June 2023. The Secretary-General is thankful to Ms. Heyzer for her tireless efforts on behalf of peace and the people of Myanmar.