Evidence of meeting #6 for Subcommittee on International Human Rights in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was rohingya.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Chris Lewa  Director, The Arkan Project, As an Individual

1:05 p.m.

Liberal

The Chair Liberal Michael Levitt

Good afternoon, everyone. I'm going to call this meeting to order.

I'd like to thank Chris Lewa for joining us today. She is the co-founder and coordinator of the Arkan Project. She has been engaged in research-based advocacy since 1999, focused on the northern part of Rakhine State as well as the Rohingya refugee situation and migrant movement to Bangladesh, Thailand, and Malaysia.

Ms. Lewa has provided consultancy services to international human rights organizations, UN agencies, and donor governments on Rohingya refugee concerns, and also provided expert testimony in the United Kingdom asylum and immigration tribunal as part of the country guidance case on Myanmar.

Ms. Lewa is a prolific advocate of the Rohingya, and has appeared on CBC Radio, National Public Radio, the Australian Broadcasting Corporation, Deutsche Welle, and others.

Ms. Lewa, I want to thank you for taking the time to be with us today from Bangkok.

1:05 p.m.

Chris Lewa Director, The Arkan Project, As an Individual

Thank you very much, Mr. Chair, and distinguished members of the committee, for inviting me to speak on the Rohingya human rights situation in Myanmar.

You have already presented my introduction and the work of the Arkan Project, so I will move immediately to a brief overview of the current political situation and challenges in Myanmar, especially with regard to the Rohingya in Rakhine State.

After just one month of government, it would be a bit too early to speculate on the NLD's, the National League for Democracy's, approach to the conflict in Rakhine State, but shortly after the election, the NLD already declared that this will not be a priority. As yet, there is no indication as to whether the NLD will combat anti-Muslim campaigns organized by radical monks in the country, or whether they will challenge the four controversial religious laws promulgated under President Thein Sein. However, the first signs are not very encouraging.

Indeed, the NLD appointed a minister for religious affairs who suggested that Muslims should be no more than associate citizens, and at the same time interfaith activists received additional prison sentences. This week also nationalists amassed outside the U.S. embassy to protest the use of the term “Rohingya” in a U.S. statement and threatened to organize a much larger rally if the government does not react. The foreign ministry under Daw Aung San Suu Kyi reportedly made a request to the U.S. embassy to refrain from using the term, therefore bowing down to the nationalists' demands.

At the state level in Rakhine State, the NLD leads a minority government and the selection of an NLD chief minister has been strongly contested by the Arkan National Party, which is the Rakhine Party, which won the majority of parliamentary seats in the election in Rakhine State. This has resulted in internal division within the ANP when the hard-line faction declared that they would oppose the NLD. Moreover, armed conflict is now escalating between the Myanmar army and the Arkan army, also forcing Rakhine villagers into displacement. So the NLD leverage in Rakhine State is thus particularly weak, caught between the military and Rakhine nationalists.

I will move on to the human rights situation, but first I would like to make three related points.

First, the conflict in Rakhine State is long-standing, multi-dimensional and also triangular, involving Rakhine Buddhists, Rohingya Muslims, and the Myanmar government, with distrust and tensions on all sides. Rakhine sees the Rohingya as an existential threat and hostility has grown since Burma's independence, while successive governments over several decades have gradually imposed policies of persecution and exclusion against the Rohingya.

Second, the current and ongoing conflict is related to both ethnicity and religion. Constitutionally and legally, discrimination is based on ethnic identity, but religion is used as the mobilizing force on the ground. For example, the Kamans, a small Muslim group from Rakhine State who are recognized as citizens, we also attacked, in 2012, and today remain segregated with the Rohingya in the same displacement camps.

Third, the human rights situation faced by the Rohingya varies in different areas of Rakhine State. For example, in northern Rakhine where the Rohingya constitute 90% of the population, they have experienced little communal unrest and no major displacement since 2012, but abuses were mostly perpetrated by security forces. In the rest of Rakhine, violence was widespread and resulted in forced displacement and segregation brought by the authorities.

I will now analyze the present human rights situation thematically.

First, I will talk about citizenship. The 1982 citizenship law has rendered the Rohingya stateless and they are not among the 135 ethnic groups recognized by the government. Actually, the government and most of the Myanmar public refer to them as Bengali, and claim that they are foreigners from Bangladesh. In the 1990s, the Rohingya were issued with a temporary ID card, which was cancelled by President Thein Sein in 2015. Today, the receipts they hold provide no rights and have no legal basis. The only document they have is a family list.

Since 2014, the government has embarked on a citizenship verification process in which the Rohingya are forced to self-identify as Bengali. About 1,000 of them were granted naturalized citizenship in Myebon, but this has not given them freedom of movement. Elsewhere, the Rohingya refused to even participate in this process, but the few who did have not received any response. This exercise has now completely stalled.

Last January the immigration authorities announced new burdensome regulations for registering Rohingya children in their parents' family list. Most poor families would be unable to meet these requirements and associated costs, and their children are likely to remain completely unregistered. On the other hand, there has been no birth registration at all in all the Rohingya displacement camps elsewhere in Rakhine State. The Rohingya are now undocumented and totally disenfranchised. They were excluded from the population census in 2014 and denied the right to participate in the national election last year.

Second is forced labour and extortion. Forced labour has greatly reduced in recent years, but is still practised by the army for camp maintenance, sentry duty, and portering. Extortion is a really serious and ongoing culture all across the state.

Third is freedom of religion. In northern Rakhine, the 2012 curfew order is still in effect and targets only Muslims, as it prohibits gathering at mosques, but not at monasteries. As a result, mosques, madrasahs, and maktabs have remained closed for the past four years, and Muslims have been prevented from performing collective prayer and religious ceremonies. The security forces have also recently dismantled two mosques and destroyed a Rohingya graveyard.

Fourth is freedom of movement and residence. Severe restriction of movement is to prevent the Rohingya access to livelihoods. In northern Rakhine, the Rohingya must obtain travel authorization to move even between villages, and cannot, of course, move beyond the two townships over there. In addition, constant demands for bribes and the curfew further restrict the ability to move. Some 110,000 Rohingya and Kamans are strictly confined today in segregated displacement camps from other parts of Rakhine State. The restriction of movement also applies to those still in their villages as well as about 25,000 internally displaced Rohingya, ostensibly for security reasons.

Fifth is access to services. Access to health care and education is abysmal. In northern Rakhine, the local hospitals are neglected and ill equipped and Buddhist medical practitioners regularly discriminate against Rohingya patients. Moreover, travel permission and bribes at checkpoints further complicate the access to health facilities. Tens of thousands of Rohingya in Sittwe camps have access to only one clinic attended by two medical doctors. Other camps rely on mobile medical teams organized by international NGOs. For emergency referrals, Sittwe hospital has a special ward for Rohingya, but they have to be transferred there under military escort. The situation has led to many preventable deaths, including women with complicated pregnancies.

As for education, learning centres have been established in the displacement camps, but lack qualified teachers, and an estimated 60,000 Rohingya children are deprived of a formal education. In northern Rakhine, many Buddhist teachers did not return to their posts after the 2012 unrest. The shortage of teachers and school materials, overcrowded classrooms, discrimination, and poverty have kept many Rohingya children out of school. In addition, as I already mentioned, Muslim religious education institutions have been closed down.

As far as university education is concerned, that's totally off-limits nowadays to all Rohingya everywhere in Rakhine State. For the displaced Rohingya access to water and sanitation, access to adequate shelter, and of course, livelihood are other issues of concern. Food rations have recently been reduced, apparently due to funding caps. The humanitarian situation in the Rohingya camps is simply totally unacceptable.

Now let me quickly move on to women's rights and children's rights. I have already mentioned some issues. Violence against women is pervasive by state actors, by Rakhine, but also within the Rohingya community. Incidence of rape, especially by security forces, increased after the 2012 unrest. Desperation also has led to the flight of many Rohingya women and children, putting them at great risk of being trafficked.

I know the time is up, so I will very quickly comment on mass migration and responses in the region.

It is one year after the regional maritime crisis of late 2015, and today, still more than 340 Rohingya in Malaysia, and another 300 Rohingya in Thailand remain in prolonged immigration detention, with little hope to be released. Only in Aceh, Indonesia, rescued boat people from last year have been accommodated in camps and assisted more or less properly, but of course many of them have already fled the camps in Indonesia in order to join family or friends or whomever in Malaysia.

Since May 2015, maritime movement has virtually stopped after Thailand and other countries in the region disrupted smuggling networks, but somehow Rohingya are now trapped in Rakhine State.

I would have liked to talk more about my recommendations, but I have provided them in writing. In so as far as the recommendations to the Canadian government are concerned, just let me say that the Arkan Project fully endorses the set of recommendations put forward to the new government in Myanmar by Ms. Yanghee Lee, the UN special rapporteur on the situation of human rights in Myanmar.

I am now ready to answer any questions you may have.

1:20 p.m.

Liberal

The Chair Liberal Michael Levitt

Thank you very much, Ms. Lewa. I'm sure somebody on the panel may ask you for your recommendations, which will allow you to go through them at some point.

With that, I think we'll begin the first round of questions, leading off with MP Sweet, for seven minutes.

1:20 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Ms. Lewa, thank you very much. It was a little difficult to hear you, so I apologize if I need to confirm a couple of things, simply because of the kind of connection that we have, no doubt because of the distance that you are away.

Did you say that there are 135 groups that are recognized as citizens and the Rohingya are not one of them?

1:20 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

Yes, that's correct.

1:20 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Could you give us an idea about how often or when the last time was that you were on the ground and saw the kind of condition that these camps are in?

1:20 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

I haven't actually been there this year. I have been in Yangon many times. I go regularly to keep in contact with the international humanitarian agencies, the Rohingya activists based in Yangon, and the politicians, as well as of course the diplomatic community. One of the reasons I did not go—actually I was in Myanmar in March—is that there is now restrictions on foreigners visiting the camps. Permission is now required, and since I am not directly associated with any organization in the country, I cannot apply with a tourist visa for permission to visit the camps. I've been at least once every year since 2012. I'm of course in direct contact also with several people in the camps, for example, my guide, who has become a friend. When I call him, he gives me updates on whatever is the situation there. A lot of my presentation on access to services is also based on the recent conversation I had with basically all the major humanitarian agencies, those from the UN, as well as UNICEF, Action against Hunger, Solidarités International, the Danish Refugee Council, which actually provide me [Inaudible—Editor].

1:20 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

Thank you. Your testimony is consistent with what we heard from Human Rights Watch, that although there is a kind of pseudo freedom for people to visit the camps, they require that you jump through many, many hoops in order to get there. I'm thankful for your answer.

I wanted to ask you if you knew of any report of the condition of the camp. On Tuesday, there was a fire that destroyed one of the camps. I'm wondering if you are privy to any information about that and could give us an update in that regard.

1:20 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

Yes, and actually I've been interviewed by quite a few journalists about that.

It's accidental sometimes and it is quite common, of course, not only in the camps but also in the villages. It is very hot and dry, and people live in wood or bamboo houses, and in the camp, of course, they are in bamboo shelters, which have very little fire prevention. Especially when the wind is blowing it can lead to a lot of destruction.

I have to mention just one more thing which I believe may not have been made clear. Actually, I have a team of researchers. In addition to visiting the camps, I have a team of researchers, Rohingya and Bangladeshi researchers, and they are based at the border with northern Rakhine State. They have daily contact by phone with a number of sources there. We actually have a special [Inaudible—Editor] to focus, even though we don't have direct access. We document as credibly as possible also the situation in northern Rakhine. That's why I made the distinction in my presentation, because that situation is often ignored. You talk about the fires, and there have been several fires there as well, recently destroying an entire market. I just wanted to mention that.

I mean perhaps luckily, [Inaudible—Editor] the district camps will receive some support from international agencies and the government to rebuild the shelters. Of course, people will have lost whatever belongings they had. When a fire happens in villages in northern Rakhine, often there is no assistance or support at all, and the villages have to rebuild everything by themselves.

1:20 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

You had mentioned that they lack proper nutrition. There is no sanitation. They have limited access, if any, to education because they don't even have qualified teachers. There's no health care. There's no freedom of movement. I mean these people are basically sentenced to a slow demise, certainly a cycle of poverty, and left to the elements there in regard to anything, whether it's fire or their health or their ability of even getting a job if they can't get an education.

1:25 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

I didn't have time to talk about the actual life in the camp. It's almost impossible. Even in the villages it's so restricted and the clear policy of the government so far to encourage Rohingya to flee is to cut the access to livelihood, and of course the restriction also goes to all other services as well. But in the camps basically the situation, as I qualified, is absolutely unacceptable. Everyone who works on the ground has been telling me this.

May 5th, 2016 / 1:25 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

There's really no place for them to flee anyway, with the neighbouring countries treating them the way they are, and their lack of freedom of movement, I mean they're very much stuck.

I want to clarify something for our researchers. Human Rights Watch mentioned about the complexity of having, really, two governments, one the new elected NLD government, and the other the military, that there's this push-pull on authority. But there's really a third element here as well. The Rakhine State government is also playing a part in this, complicating things and making life more difficult for the Rohingya.

1:25 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

Oh, absolutely. That's why this conflict is so complex and also challenging. So far I see very little movement toward any possible solution. It seems like the previous government, and perhaps even the NLD, is trying to be content just to keep the status quo, but I think that's also not acceptable. I mean it's already four years now, and I don't see much movement at all.

1:25 p.m.

Conservative

David Sweet Conservative Flamborough—Glanbrook, ON

If our diplomats were able to put some quiet diplomacy in regard to pressure for them to fulfill their promise to President Obama and open up a United Nations human rights office there, do you think that would be of benefit to the situation for the Rohingya?

1:25 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

Oh, it would certainly be of benefit for sure, but whether that would resolve the issue, most likely it would not, I think. The real solution has to be the government. That's why I also focused on the anti-Muslim campaign in the country. Without addressing that first and [Inaudible—Editor] empowering the nationalist Rakhine will continue the abuse against the Rohingya. At the same time I think it is important that the NLD make some sense on this. Of course, they have mentioned several times in the past that a key issue in Rakhine State is the rule of law. Now I would like, and I think we all would like, to see this happen in Rakhine State. If the rule of law is restored or improved, I think it would probably be more safe to find some solution and to try to talk to the groups. But it's true that it's extremely complex. It's not one side. It's also the Rakhine, the army, the NLD. And the international community, of course, I hope will urge and continue consistently to put pressure on the [Inaudible—Editor] government to address this issue.

1:25 p.m.

Liberal

The Chair Liberal Michael Levitt

Thank you, Ms. Lewa.

We're going to move to the second questioner, MP Miller.

1:25 p.m.

Liberal

Marc Miller Liberal Ville-Marie—Le Sud-Ouest—Île-des-Soeurs, QC

Thank you, Ms. Lewa, for your testimony. Perhaps my question will allow you to get into your recommendations.

We've heard from many witnesses, at least one of whom has asked that no trade be undertaken with the government until there is improvement in the human rights situation of the Rohingya. Obviously, with a fledgling democracy, that may have an inverse effect on the situation that is faced by those people. Another witness mentioned that certain trade/aid—and those are obviously two distinct groups—be targeted, if we were to undertake sanctions.

I'd like to hear your thoughts on increasing trade and obviously increasing aid, and how to perhaps leverage or link it to improvement in the human rights situation and legal status of the Rohingya.

Thank you.

1:25 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

That is a difficult question because I'm not personally [Inaudible—Editor] to the point of pushing for trade sanctions, but definitely increase humanitarian assistance. That's for sure. That would be one of my main concerns at the moment, because during my recent trip to Myanmar, I understand that the international community seems to have, and the donor community, as well, some fatigue about the situation, and of course I'm looking for a way to try to get things moving.

One of the discussions I have heard of is about trying to move a bit away from simple humanitarian assistance, like blanket humanitarian assistance, and to move to early recovery and then development assistance. I question how development assistance can benefit the Rohingya if they cannot move and go anywhere. I still feel it is important that the Canadian government as well as other donor countries continue to guarantee that, at the minimum, humanitarian assistance will continue to be directed to the Rohingya in the camps and elsewhere, where it's needed.

At the same time, I also have been told that the World Food Programme, for example, is experiencing funding cuts, and as a result they have now decided to shift their blanket food assistance to more targeted assistance to vulnerable people. I didn't mention this in my testimony, but there are also a number of internally displaced persons—IDPs, as we call them—in the camps. They have not been assisted by the authorities for several reasons, including because they arrived later than others. For these people, of course, there was the sharing of rations already, which has been reduced, as I mentioned.

The situation of the Rohingya, displaced, and others has definitely reached the brink already. Cutting humanitarian assistance to them, also threats to try to push the government to find some solution, to me, are definitely not appropriate. I have very particular concerns about that. I want to make sure that assistance from the international community will continue. I know there are a lot of cuts nowadays because of the many crises in the global arena, but I'm trying to find a solution for the crisis.

My last discussion was about the head of mission group that was set up in Yangon. It included the Swedish ambassador. I think it was led by the Danish ambassador, but also there was very strong participation by the U.S. ambassador as well as a European representative, the U.K, if I remember well, and Turkey. I didn't see Canada as part of that. They seem to be pushing a plan now, which unfortunately, they did not release to me, but which included short-term, mid-term, and long-term steps to reach a solution. The key message they did reveal [Inaudible—Editor] is coordination in addressing the issue of freedom of movement and access to services as a priority.

Nevertheless, I have some comments on that, because obviously freedom of movement and access to [Inaudible—Editor] are intrinsically related to citizenship. Seeing that the citizenship issue, as I also described in my testimony, really is stalled and stuck at the moment, I do not want to see the international community actually forget about the citizenship issue just because it seems an intractable issue.

Yes, that's why pressure is needed, and I think constant pressure. I assume also that the NLD government will probably be able to get some more support in terms of business contracts and other things. I think that foreign governments should definitely not forget the situation in Rakhine State. It should remain high on the agenda.

1:30 p.m.

Liberal

Marc Miller Liberal Ville-Marie—Le Sud-Ouest—Île-des-Soeurs, QC

Thank you.

1:30 p.m.

Liberal

Raj Saini Liberal Kitchener Centre, ON

Ms. Lewa, Myanmar has granted the UN special rapporteur on the the situation of human rights in Myanmar access to Rakhine State since 2010. There must have been some recommendations that were given at that time.

Has the government followed any recommendations, and has there been any request to have any thematic rapporteurs to come into the country to deal with specific situations?

1:35 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

It's true that in 2010 was the first time the government granted access to the special rapporteur, who at the time was Mr. Quintana, to Rakhine State. However, this access has been stopped at different points. Even Mr. Quintana himself was not able to return in 2011. But since the violence [Inaudible—Editor], Ms. Yanghee Lee has been given access. Also, Ms. Lee herself—both of them actually have had problems during their visits—during her last trip asked the government if she could return to Rakhine and the government denied her access. We have to remember that she does not have free access to Rakhine State nowadays.

As far as thematic special rapporteurs, I agree, a number of them have already made a request to government. I am also doing a lot of advocacy myself in Geneva with different thematic rapporteurs. So far, the government has not granted access to any other thematic UN special rapporteurs on human rights.

Another issue I want to mention—

1:35 p.m.

Liberal

The Chair Liberal Michael Levitt

Ms. Lewa, I'm going to wrap up that particular round so that we can get Ms. Hardcastle's question in. We'll have some more questions coming up right away.

1:35 p.m.

NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

I'd like to thank you, Ms. Lewa, for staying up so late so that you could participate with us tonight. I know it's late for you and we appreciate it.

I am interested in hearing more about your recommendations though. I know that through your answers to my colleagues you've given us some of your recommendations, but I wonder if you could be a little bit more clear, especially with what our interest would be for the Government of Canada. You did mention earlier that you don't think it's a good idea to pressure with sanctions; that is how I understood it. There is a little bit of an audibility issue here, so I may not have heard you right. You also mentioned that there is a mission group that you believe Canada needs to be part of. I'd like to hear some more about your recommendations.

1:35 p.m.

Director, The Arkan Project, As an Individual

Chris Lewa

Sorry, I didn't understand fully the last part of your question. Could you please repeat the last part?

1:35 p.m.

NDP

Cheryl Hardcastle NDP Windsor—Tecumseh, ON

You mentioned that there is a mission group that you think Canada needs to be a part of. I would like you to expand on your recommendations for us, please.