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2013

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention

Andrea Gittleman Physicians for Human Rights

Marissa Brodney Physicians for Human Rights

Holly G. Atkinson CUNY City College

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This work is made publicly available by the City University of New York (CUNY). Contact: [email protected] Physicians for Patterns of Anti-Muslim Human Rights Violence in Burma: A Call for Accountability August 2013 and Prevention

A mother looks out from her tent alongside physiciansforhumanrights.org her children at a camp for internally displaced persons on the outskirts of Sittwe, Burma. Photo: Paula Bronstein/Getty Images About Physicians for Human Rights

For more than 25 years, PHR’s use of science and medicine has been on the cutting edge of human rights work.

1986 2003 Led investigations of torture in Warned U.S. policymakers on health Chile, gaining freedom for heroic and human rights conditions prior doctors there to and during the invasion of Iraq

1988 2004 First to document the Iraqi use Documented genocide and sexual of chemical weapons on Kurds, violence in Darfur in support of providing evidence for prosecution international prosecutions of war criminals 2010 1996 Investigated the epidemic of Exhumed mass graves in the violence spread by Burma’s Balkans for International Tribunals, military junta and sounded the alarm about refugee camps in Bosnia and 2012 Kosovo Trained doctors, lawyers, police, and judges in the Democratic 1996 Republic of the Congo, Kenya, and Provided evidence of genocide for Syria on the proper collection of the International Criminal Tribunal evidence in sexual violence cases for Rwanda 2013 1997 Won first prize in the Tech Shared the Nobel Peace Prize for Challenge for Atrocity Prevention the International Campaign to Ban with MediCapt, our mobile app Landmines that documents evidence of torture and sexual violence

physiciansforhumanrights.org Library of Congress Control Number: 2013946389 ©2013 Physicians for Human Rights. All rights reserved. ISBN 1879707764 Contents

2 Executive Summary

4 Acknowledgments

5 Introduction

8 Sites of Anti-Muslim Violence in Burma Since June 2012

9 Methods

10 Protecting Witnesses, Limitations

11 Anatomy of Anti-Muslim Violence in Burma Since June 2012

14 Acts of Courage

A Muslim Rohingya man sits at his burnt home at a village in 17 Human Rights Violations Minpyar in Rakhine State on October 28, 2012. Photo: Than WIN/AFP/Getty Images 24 Humanitarian Needs

26 Conclusion

28 Policy Recommendations

32 Historical Timeline of Burmese Muslims

36 Endnotes

Physicians for Human Rights 2 Executive Summary

iolence against ethnic One of the most extreme and alarming acceptance where the rights of all people and other minority examples of anti-Muslim violence was are protected. The Burmese government groups living in Burma the March 2013 massacre of dozens of also has the responsibility to find durable (officially the Union of Muslim students, teachers, and other solutions to end violence that respect Myanmar) has marked community members in Meiktila, a ethnic diversity. Institutionalized displace- the country’s history over town in central Burma. Physicians for ment and segregation are abhorrent and Vthe past several decades. Burma’s former Human Rights (PHR) conducted an in- unsustainable responses that have devas- military regime made common practice depth investigation into those killings tating consequences for those displaced of targeting ethnic communities for and released a report in May 2013 de- by violence or fear of persecution. forced labor, sexual violence, and other tailing the crimes. In an effort to place serious crimes. Under Burma’s current this particular incident in the wider PHR conducted eight separate investi- nominally democratic government, context of ongoing violence, PHR gations in Burma and the surrounding violence against marginalized groups produced this report to analyze and region between 2004 and 2013. PHR’s has escalated to an unprecedented asses patterns of extreme violence most recent field research in early 2013 level as Rohingyas and other Muslims from various sites across the country, indicates a need for renewed attention throughout Burma face renewed acts which indicate that the government to violence against minorities and of violence. Persecution and violence has consistently failed to properly ad- impunity for such crimes. The findings against Rohingyas, a Muslim group long dress attacks driven by hate speech presented in this report are based on excluded from Burmese society and and racism. Further investigation by an investigations conducted in Burma over denied citizenship, has spread to other independent commission is necessary two separate visits for a combined Muslim communities throughout the to uncover additional details about the 21-day period between March and country. Serious human rights violations, organization and motivation behind the May 2013. including anti-Muslim violence, have recent violence. resulted in the displacement of nearly The Government of Burma, civil society 250,000 people since June 2011, as There are no simple solutions to stem ris- leaders, and the international community well as the destruction of more than ing tides of religious hatred and violence. must act immediately to stop anti-Muslim 10,000 homes, scores of mosques, and The people of Burma face the significant violence in the country. The unhampered a dozen monasteries. task of choosing how to grapple with spread of violent incidents across Burma intolerance and anti-Muslim hatred, as exposes concerning indicators of future The successive waves of violence too well as myriad abuses by the government violence. There is, for instance, rapid often go unpunished by the Burmese against other marginalized groups. The dissemination of hate speech against government. At times, the crimes have ultimate responsibility, however, rests marginalized groups, widespread impu- even been facilitated by the police. The with the Government of Burma, which nity for most perpetrators, and inaction failure of the Burmese government to must ensure that people are protected or acquiescence by many leaders in gov- properly protect its people and address from violence and that any perpetrators ernment and the democracy movement. human rights violations committed by are investigated, arrested, and charged As we have witnessed in the past, these police officers signals serious obstacles according to fair and transparent legal elements are ingredients for potential ahead on the path from military dicta- standards. As this report demonstrates, catastrophic violence in the future, torship to a truly democratic country while there have been several arrests including potential crimes against where everyone has a voice and the following some of the most extreme humanity and/or genocide. If left rights of all people are respected and outbreaks of violence, the government unchecked, this particular combination protected. must do more not only to respond to the could lead to mass atrocities on a scale individual acts of violence, but also to heretofore unseen in Burma. promote an atmosphere of tolerance and

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Executive Summary 3 continued from page 2

A formerly functioning mosque that was reduced to rubble during the violence in Meiktila, Burma in March 2013. Photo: Richard Sollom.

The impunity of the former Burmese internationally recognized legal norms. For full policy recommendations, regime and the renewed waves of The international community must not please see page 28. recent violence demand an immediate be reluctant to confront a country just response not only to properly address because it has made some recent po- the crimes of the past, but also to litical improvements. Instead, all those stem the escalation of violence. All dedicated to ending violence must see people of Burma deserve decisive and the crimes in Burma as a horrible ex- effective action to combat hate speech ample of what happens when impunity and impunity, within the bounds of reigns and demagogues are not con- fronted, and as an urgent warning sign of potential atrocities.

Physicians for Human Rights 4 Acknowledgments

his report was written by This report has benefited from review (InCHOIR) at Mount Sinai; and Michele Andrea Gittleman, JD, by PHR leadership and staff, including Heisler, MD, MPA, PHR board member, Physicians for Human Rights Donna McKay, executive director; professor of internal medicine and (PHR) senior legislative Susannah Sirkin, director of internation- health behavior and health education counsel; Marissa Brodney, al policy and partnerships and senior at the University of Michigan Medical PHR senior program advisor; Hans Hogrefe, chief policy School and research scientist at the Tassociate; and Holly Atkinson, MD, officer and Washington director; DeDe Ann Arbor VA’s Center for Clinical FACP, PHR volunteer medical advisor, Dunevant, director of communications; Management Research, co-director and past PHR president. and Stefan Schmitt, director of the of the University of Michigan’s Robert International Forensic Program. Wood Johnson Foundation’s Clinical This report is based on field research Scholars Program, and associate conducted in March, April, and May Stephen Greene, PHR senior communi- director of the University of Michigan 2013 by Holly Atkinson and Richard cations advisor, and Eliza B. Young, PHR Medical School’s Global REACH Sollom, MA, MPH, former PHR director publications coordinator, copyedited program. of emergencies. the report. PHR consultant Brendan Sozer conduct- The report has benefited from ed background research and drafted external review by Deborah Ascheim, material for this report in consultation MD, PHR board chair, associate with PHR interns Brianna Buckingham, professor in the Departments of Health Anna Patten, Katherine Robbins, and Evidence and Policy and Medicine/ Irina Volf. Cardiovascular Institute at the Icahn School of Medicine at Mount Sinai, Support for the investigations and and clinical director of research and report was provided by the Open director of the Clinical Research Unit Society Foundations. at the International Center for Health Outcomes and Innovation Research

Anti-Muslim May 28, 2012 June 3, 2012 Violence: A 27-year-old Buddhist Rakhine seamstress is A Rakhine mob pulls 10 Muslims from a bus raped and murdered by a group of men. The and kills them in retaliation for the rape and June 2012 next day, police arrest three Muslim suspects. murder of the seamstress. Anti-Muslim leaflets are distributed before the attack. to Present

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Introduction 5

urma’s Muslims have faced Serious human rights violations, including an unprecedented number of attacks since mid-2012, anti-Muslim violence, have resulted in the resulting in injury, displace- ment, economic hardship, displacement of nearly 250,000 people since and death. The recent June 2011, as well as the destruction of more Bupsurge in violence began in June 2012 after three Muslim men allegedly than 10,000 homes, scores of mosques, and a raped and killed a Buddhist woman in Rakhine State in western Burma.1 dozen monasteries. A mob of Buddhists then pulled 10 Muslims—nine men and one woman— off of a bus and lynched them, spark- in the displacement of nearly 250,000 Islam.11 Muslims currently comprise an ing riots by ethnic Rohingya Muslims people since June 2011,6 as well as estimated 4 to 10 percent of Burma’s in the northern Rakhine townships2 the destruction of more than 10,000 total population.12 The largest Muslim of Maungdaw and Buthidaung.3 Non- homes,7 scores of mosques, and a population living in Burma today is Muslim Rakhine civilians retaliated to dozen monasteries.8 concentrated in Rakhine State, which is the reported June incident in force, home to approximately 800,000 ethnic in some cases supported by police offi- Burma (officially the Union of Rohingya.13 cers and members of the military. The Myanmar) is a diverse country with immediate result was approximately many different ethnic groups, lan- The root causes of the anti-Muslim 200 people killed, 100,000 people guages, and religions. The majority violence are complex. Though Muslim displaced, and 8,500 homes destroyed, Burman ethnic group makes up 60 minorities have a long history in Burma, according to estimates from the to 70 percent of the population and it has not always been peaceful. With Burmese government.4 The violence in has controlled the government and a longstanding fear of perceived out- Rakhine State was followed by another military for six decades.9 The country is siders, Buddhist nationalist groups wave in October 2012 that resulted in nearly 90 percent Buddhist, according and individuals have dredged up old more than 80 deaths and displaced to government figures; other religions conflicts—such as the mujahid re- over 35,000 people.5 Since then, in Burma include Christianity, Islam, bellion for independence in Rakhine sporadic attacks against Muslims have Hinduism, and Animism.10 Muslims in State following World War II—in an continued across the country resulting Burma are a diverse community among effort to incite Buddhist nationalism.14 in even more killing and displacement. themselves, tracing their roots to sever- Hate speech by prominent monks and Serious human right violations, includ- al waves of migration that began with anti-Muslim movements, which has ing anti-Muslim violence, have resulted Persian traders before the advent of been facilitated by the opening up of

June 7, 2012 June 8, 2012 The Burmese government launches an Rohingyas riot after Friday prayers; sectarian investigation into the murder of the violence breaks out in several towns across 10 Muslim pilgrims. Rakhine State. Muslims report security forces and mobs of Rakhine subjecting them to arbitrary arrests, physical attacks, rape, and killings.

Ethnic Rakhine demonstrators protest at the Shwedagon pagoda in Rangoon after unrest flared in western Burma and seven people were killed in June 2012. Photo: Ye Aung Thu/AFP/GettyImages. Physicians for Human Rights 6 Introduction continued from page 5

access to the Internet and social media The Burmese government’s long history accountability—the system was set up websites, allows anti-Muslim rhetoric of sponsoring Buddhist nationalism to arrest whomever those in power to spread farther and faster than be- and the marginalization of all ethnic wanted to arrest.26 A 1982 law that lists fore. International news media accuse minority groups, combined with weak citizenship requirements for Burma, a Buddhist nationalist movement called attempts to stop violence as it occurs as well as a statement by the former “969” and a notorious radical monk, and its history of cultivating impunity junta that excludes Rohingyas from Wirathu, of spearheading anti-Muslim for human rights violators, have fueled the arbitrary 135 recognized national propaganda.15 The 969 movement the spread of anti-Muslim violence.24 races of Burma, have rendered the promotes the boycott of Muslim busi- Despite widespread rumors connecting Rohingya stateless. The effects of state- nesses and encourages Buddhists to political elites or other influential lessness have had a significant impact display 969 logos on their homes, people with the recent spikes in on Rohingyas, such as restrictions on businesses, and vehicles in a show of violence,25 corroboration of these education27 and marriage, though the solidarity. Wirathu and other monks reports has been difficult. While marriage regulations apply only to linked to the 969 movement delivered additional investigation is necessary Rohingyas living in the northern part of anti-Muslim speeches in early 2013 to uncover the nature and extent of Rakhine State.28 Forced labor,29 extor- in Mandalay Region,16 Gyobingauk the connections between high-level tion,30 restrictions on movement, and Township,17 Minhla18 in Bago Region, political elites and any organizers of targeted taxation31 by the government Okkan,19 Taunggyi,20 and near Lashio21 the recent violence, the Government also apply specifically to Rohingyas in in the days before anti-Muslim vio- of Burma’s failure to appropriately stop northern Rakhine State.31 lence erupted in those towns. A recent attacks and protect those at risk implies news report noted that Wirathu called an unacceptable measure of support Other Burmese Muslims have also felt the massacre of Muslims in Meiktila for the acts of violence. the effects of this exclusion. While they a “show of strength.”22 Following the are issued identity cards, in order to attacks in Meiktila, DVDs were sold in Current Burmese laws do little to pro- acquire them, they frequently have to Mandalay that contained video foot- vide protection for ethnic and religious pay a bribe and declare that they are age, reportedly shot during the Meiktila minorities, especially Muslims. Criminal from another country, such as Pakistan riots in March 2013, of Muslims being law in Burma since the 1960s has or India.33 Most Muslims refrain from burned and beaten to death. The DVDs heavily favored state security over working in the police and military, were being sold by Buddhists with the protection of citizens’ rights. The where they face institutional discrim- “pride and glee,” according to a person Burmese legal system has operated ination.34 The effects of decades of who bought them.23 for decades as an arm of state op- state-sponsored discrimination against pression rather than an institution ethnic minorities are twofold: first, they dedicated to promoting justice and create an environment in which abuse

June 10, 2012 Police patrol in a truck on the streets President Thein Sein declares a state of of Sittwe, capital emergency. of Rakhine State, in June 2012. Photo: STR/AFP/ GettyImages

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Introduction 7 continued from page 6

against ethnic minorities is acceptable, Between 2004 and 2013, Physicians for PHR released an emergency report and second, the lack of effective ac- Human Rights (PHR) documented sys- with detailed findings from the school countability mechanisms emboldens tematic attacks by the Burmese military massacre in May 2013, but the report perpetrators to commit abuses without against the country’s minority ethnic did not cover the widespread and sys- consequence. There is thus little risk for groups in eight investigations in Burma tematic nature of the current wave of people who attack Muslims in Burma. and bordering countries.39 The attacks anti-Muslim violence in Burma. This re- on Muslims in the past year are a con- port uses data from both investigations Not all Buddhists in Burma are tinuation of that trend of targeting to demonstrate the broader nature of anti-Muslim; many of them have vulnerable groups. The Government of the rising tide of violence across the risked their own lives to protect their Burma has the responsibility to protect country. Muslim neighbors, and several groups its citizens, and its failure to do so has have spoken out against recent vi- created widespread impunity. Broad Consistent patterns of behavior by olence.35 Monasteries in Shan State popular support for the atrocities, government entities, and consistent and Mandalay Division have sheltered combined with this climate of impunity, patterns of abuse, may imply that Muslims fleeing the violence.36 Groups has led anti-Rohingya attitudes to police or military were following orders of Buddhist monks, such as the All metastasize into anti-Muslim sentiment from their superiors, thus suggesting Burma Monks’ Alliance, have issued that has spread across the country. a government role in the abuses. statements condemning the violence.37 Evidence of direct orders, funding Dozens of civil society groups— In order to more deeply document the streams, and material support remains including Interfaith Youth Coalition recent upsurge in anti-Muslim violence, elusive and requires additional indepen- on AIDS in Myanmar (IYCA-Myanmar), PHR sent two researchers to Burma in dent investigation. Even if there were Mizzima Youth Network, Interfaith March 2013 to investigate the situation no direct orders and high-level Peace Network, and Myanmar Youth in Rakhine State. While they were organization to promote abuse, the Resource Society (MYRS)—have held there, anti-Muslim violence erupted in deeply engrained disdain for Muslims events promoting religious understand- Meiktila, Mandalay Division. The PHR and other minorities that allowed ing and nonviolence.38 researchers immediately traveled to for such patterns of human rights Mandalay Division to conduct a prelimi- violations demonstrates a deep nary investigation, and PHR sent a problem that the Government of second team to do a forensic assessment Burma must address. of a massacre at a Muslim school in the Mingalar Zayyone quarter of Meiktila.

June 18, 2012 Rohingya Muslim children from The Rohingya men arrested for the rape and Burma cry while murder of a Rakhine seamstress in May are kept under watch sentenced to death. by Bangladeshi security officials after disembarking from an intercept- ed boat in Teknaf, June 2012. Photo: MUNIR UZ ZAMAN/AFP/ GettyImages. Physicians for Human Rights 8 Sites of Anti-Muslim Violence in Burma Since June 2012

India Hpakant China

Mandalay

Lashio

Meiktila Buthidaung Maungdaw Township Bangladesh Mrauk U Laos Parein Minbya Shwe Dar Mine Tauk Sittwe Kyein Ni Pyin Camp Yamethin Pauktaw Tharsi Tatkon Key Myebon Major City Nay Pyi Taw Kyauk Phyu

Dates of Violence Thailand Toungup Township June–October 2012 Thandwe February 2013 March 20–24, 2013 Thegon Padigon March 25–26, 2013 Nattalin Zigon March 27–28, 2013 Gyobingauk Okpho Othegon April 30, 2013 Minhla Sitkwin May 2013 Letpadan Tharyarwaddy June–July 2013 Oakkan Win Kite Bago Rangoon

Thaketa Kawkareik Mawlamyine

100 km

June 25, 2012 July 2, 2012 July 5, 2012 Security forces begin resettling displaced Thirty people are arrested in connection Ten aid workers are detained by the Burmese Rohingyas in Rakhine State’s capital with the murder of the 10 Muslims on government in Rakhine State, some of whom of Sittwe. June 3. are charged with criminal offenses.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Methods 9

he findings of this report are PHR researchers used similar methods based on field investigations in central Burma to identify victims and conducted by Physicians witnesses of human rights violations. for Human Rights (PHR) in In central Burma, PHR interviewed 39 Burma from March 22 to people in the cities and surrounding March 29, 2013 and from villages of Mandalay, Meiktila, Nay Pyi TApril 20 to May 2, 2013. The PHR team Taw, and Rangoon (Yangon). consisted of Richard Sollom, MA, MPH, former PHR director of emergencies; PHR researchers sought eyewitnesses and Holly Atkinson, MD, FACP. The from as many different locations where team interviewed 71 people in total, outbreaks of violence occurred as was including Muslim, Buddhist, and possible, given logistical and security Christian community leaders, as well as constraints. By taking this approach, victims and witnesses of the violence. PHR researchers were able to identify patterns of human rights abuses, ex- In the Sittwe displaced persons camps, amining how the police, military, and PHR investigators used modified Buddhist monks behaved in different chain-referral sampling to identify locations. internally displaced persons (IDPs) from each village or quarter in Sittwe who PHR epidemiologists have used such were living in the camps. Chain-referral pattern identification in prior investi- sampling is a technique that enables gations elsewhere in Burma—as well researchers to identify subgroups of as in Afghanistan, Darfur, Kosovo, and people based on referrals from other Sierra Leone—to examine whether the participants in the survey.40 PHR government or military played an active researchers conducted in-depth inter- role in the perpetration of human rights views with 32 people from six rural abuses.41 villages and 12 neighborhoods in the town of Sittwe, addressing a total of 18 geographic locations where sepa- rate incidents of violence had occurred.

July 11, 2012 July 12, 2012 August 4, 2012 The Myanmar National Human Rights President Thein Sein announces that the UN Special Rapporteur for Human Rights Commission reports no abuses by security “only solution” to the inter-ethnic violence in Burma Tomás Ojea Quintana calls for an forces during violence in June, states all is to send all 800,000 Rohingyas to other investigation into the June violence in Rakhine aid needs are being met, and does not countries or put them in camps run by the State over allegations of human rights abuses. acknowledge the plight or existence of United Nations High Commissioner for Rohingyas. Refugees (UNHCR). The UNHCR rejects the proposal.

Physicians for Human Rights 10 Protecting Witnesses Limitations

iven the sensitive nature PHR investigators employed additional ue to security concerns, of this research and the safeguards for respondents under 12 PHR was unable to ac- risk of community or years of age: the investigators listened cess internally displaced government reprisals to their uninterrupted narrations and persons (IDP) camps in against witnesses, PHR did not ask probing questions. Those Rakhine State that were investigators made every interactions were kept purposefully further inland from Sittwe Geffort to protect the identities of the short. In each interview with respon- Dor to interview Muslims in the north- interview subjects. PHR researchers did dents under 12 years of age, at least ern Rakhine towns of Maungdaw or not record names, nor did they make one parent was either present or Buthidaung. For security and logistical audio or video recordings of the inter- nearby during the interview. Interviews reasons, PHR investigators also were views. They conducted interviews with were halted if the child became unable to access all of the towns where only one interpreter in private areas out distraught in any way. Of the nine violence had occurred, and thus could of sight and earshot of passersby. interviews conducted with minors who not speak with eyewitnesses about the were eyewitnesses, the PHR field team violence that had occurred in those PHR investigators obtained informed terminated three of them early because areas. Because PHR did not use random oral consent from each participant fol- of emotional distress. sampling to identify victims of abuses, lowing a detailed explanation of PHR, these data may not be representative the purpose of the investigation, and and cannot be extrapolated to a larger the potential benefits and risks of population. participation. Oral rather than written consent was obtained to ensure PHR’s Ethical Review Board (ERB) ap- anonymity and security. In the case of proved this research. PHR has had an a minor, permission was also obtained ERB since 1996 to ensure protection orally from the child’s parent or of human subjects in its research and guardian to ensure that he or she investigations. PHR’s ERB regulations was confident that the safety, rights, are based on Title 45 CRF Part 46 (see: and interests of the child were being http://ohsr.od.nih.gov/guidelines/45c- safeguarded during the interview. fr46.html) provisions, which are used by Participants could stop the interview academic Institutional Review Boards at any time or refuse to answer (IRBs). All of PHR’s research and investi- any questions. gations involving human subjects must be approved by the ERB and conducted in accordance with the Declaration of Helsinki as revised in 2000.

August 17, 2012 October 15, 2012 President Thein Sein announces the creation Thousands of Buddhist monks march in pro- of a 27-member commission to investigate test over of the establishment of an office for the causes of the sectarian violence that oc- the Organisation of Islamic Cooperation (OIC) curred in June. in Rakhine State.

President Thein Sein’s office announces that it will not permit the OIC to have a presence in Burma.

Buddhist monks take part in a demonstration against the Organisation of the Islamic Conference in Rangoon on October 15, 2012. Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Photo: Ye Aung Thu/AFP/GettyImages Anatomy of Anti-Muslim Violence 11 in Burma Since June 2012

s the descriptions convictions in Burma may be a sign that them to discriminatory and arbitrary below demonstrate, the government is taking action to stop arrests, physical attacks, rape, killing, the patterns of violence the violence; however, the international and destruction of property.47 against Muslims tend to community should not use these num- stem from one “incit- bers as the only measure of progress PHR documented multiple instances of ing incident.” In several on this front. police attacking Rohingyas, providing Ageographic locations, word of these covering fire for Rakhine mobs that initial incidents spread widely and led Rakhine State: were attacking Rohingyas, and watch- to extreme violence. An overview of June 8–10, 2012 ing while Rohingyas were attacked. the violence across the country allows The violence in Rakhine State in June several discernible patterns to emerge. 2012 started when a group of men The UN Special Rapporteur on the Often the initial incident that leads to allegedly raped and murdered a Situation of Human Rights in Myanmar future violence includes elements of 27-year-old Rakhine seamstress.42 Three stated that 1,100 people were detained sexual violence or an attack on a reli- Muslim men were arrested the next day in relation to the June 2012 violence gious figure—acts that can promote for the crime.43 On June 3, some 300 and subsequent violence in October, feelings of ethnic or religious purity. Buddhists pulled 10 Muslims from a bus the “vast majority” of whom were Whether these initial acts are violent or and lynched them in a retaliatory at- Rohingya men and boys.48 In an August innocuous, the retaliatory attacks tend tack.44 Prior to the lynching, pamphlets 2012 presentation, Burma’s Ministry of to target an entire community and not were handed out in Rakhine State, Border Affairs stated that 858 people the individual perpetrators of that par- calling for retribution for the murder were detained in Rakhine State after ticular inciting incident. of the Buddhist woman.45 On June 8, the violence in June; 734 of those Rohingyas rioted after Friday prayers, people are Rohingyas (listed by the PHR was not able to determine resulting in the destruction of numerous government as “Bengali”).49 Official whether arrests and convictions were homes and the death of seven people, government documents use the term carried out in a manner consistent with four of whom were Rakhine.46 Over the “Bengali” to refer to Rohingyas, reflect- internationally-established norms of next four days, the violence quickly es- ing the government’s allegations that police work or rule of law. Convictions calated as it spread to other townships Rohingyas come from Bangladesh and can only be an indicator of justice across Rakhine State. Rohingyas and have little claim to Burmese citizenship. if these norms are upheld, and the other Muslims reported that security Government of Burma is notorious forces and Rakhine mobs subjected for jailing people without cause. The

October 21, 2012 October 27, 2012 Violence erupts throughout Rakhine State. President Thein Sein acknowledges Security forces reportedly stand by as that whole villages were burned down Rakhine mobs attack Rohingya villages in Rakhine State. and neighborhoods, killing inhabitants and burning down houses.

Burma’s president, Thein Sein. Photo: JEWEL SAMAD/AFP/Getty Images

Physicians for Human Rights 12 Anatomy of Anti-Muslim Violence in Burma Since June 2012 continued from page 11

Rakhine State: the Democratic Voice of Burma stated were killed in October 2012 alone.63 October 21–24, 2012 that 966 Rohingyas have remained According to Burmese officials, the After a mob killed a Rakhine merchant incarcerated since November 2012.55 violence in October left 89 people dead, for selling rice to Muslim customers The detained Rohingyas were more 136 injured, and over 5,300 houses and in Mrauk U on October 21, a wave likely to face charges carrying sentenc- religious buildings destroyed.64 As of of violence spread to nine townships es of up to 13 years, while detained May 2013, as many as 140,000 inter- within three days. Witnesses described Rakhines allegedly faced charges that nally displaced persons (IDP) resided in thousands of armed Rakhines descend- carry sentences of 6 months to a year.56 89 locations across Rakhine State.65 ing on Muslim towns and villages, As of February 2013, 68 people had burning houses as the inhabitants reportedly died while in custody, 62 of Rangoon: fled.50 Entire villages, neighborhoods, whom were detained in Buthidaung February 2013 townships, and cities, including Sittwe, prison.57 Four Rakhines suspected of Several hundred Buddhist nationalists were emptied of Muslims; those involvement in the October violence attacked a Muslim school and businesses who fled were forced into makeshift were released in April 2013.58 On July in the Thaketa Township of Rangoon camps.51 Over 35,000 people were 9, 2013, senior Burmese government in February 2013. The mob had mis- displaced by this round of violence, officials stated that 1,169 people had takenly thought the school was being more than 97 percent of whom were been arrested in connection with the turned into a mosque after it requested Muslim.52 violence in Rakhine State, and that 507 permission to make repairs to the roof.66 had been convicted in 195 court cases, On December 8, 2012, then minister while 662 others were still on trial in Police reported that they detained of border affairs, Lieutenant-General 45 other cases. There was no indication four people after the attacks, but all Thein Htay, released the official number of the religious or ethnic breakdown of were released shortly thereafter.67 of those detained in connection with those arrested.59 Thus far, no other reports have been the violence in June and October in released to indicate additional Rakhine State. The minister stated that The Burmese government’s combined detentions or arrests. 1,121 people in 12 townships had been estimates of those killed during the detained, 849 of whom were Rohingya June and October 2012 violence range (listed as “Bengali”), 233 were Rakhine, from 176 60 to 211 people,61 with all 27 were Hindu, eight were Burmese estimates indicating that proportionally (listed as “Myanmar”), and four were many more Rohingya were killed.62 Maramagyi.53 Prisoners were reportedly In contrast, Rakhine State’s National refused bail or access to legal counsel.54 Democratic Party for Development In February 2013, a report released by reports that more than 500 people

October 28, 2012 A Rohingya girl stands next to a Over 35,000 people displaced by shelter in an violence that started on October 21 unregistered/ increase the total number of IDPs in Rakhine to 100,000; nearly all are Muslim. unofficial IDP camp near Sittwe.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Anatomy of Anti-Muslim Violence 13 in Burma Since June 2012 continued from page 12

Mobs destroyed the school and mosque in the Mingalar Zayyone quarter of Meiktila, site of the massacre of scores of students, teachers, and residents. Photo: Heim Aung

Mandalay & Bago Divisions: Muslim-owned shops nearby while with 1,500 homes.72 Witnesses told March 26–29, 2013 reportedly shouting anti-Muslim slurs.69 PHR that in the days leading up to The violence in Mandalay reportedly In retaliation, a group of local Muslims the violence, the number “786” was started with a quarrel between a reportedly killed a Buddhist monk. spray-painted on Muslim homes.73 Buddhist couple and the employees of As news of the monk’s death spread, This number—which is significant to a Muslim-owned gold shop over the mobs of Buddhists attacked Muslims in Muslims in the region74—was apparent- value of a gold hair clip in the city of the city and destroyed Muslim homes, ly used in this particular case to identify Meiktila. The argument became phys- religious buildings, and shops.70 The homes to be attacked.75 ical as the employees reportedly beat violence continued for several days as the husband in the street; police arrived it spread to other villages in Mandalay One eyewitness to the violence in and detained the owner of the shop Division and south to Bago Division.71 Meiktila told PHR that one week before and the Buddhist woman.68 Onlookers Eyewitnesses told PHR that over the the fighting, Buddhists throughout became enraged and destroyed the course of three days, 12 of Meiktila’s the city had put 969 stickers on their gold shop, as well as several other 13 mosques were destroyed, along homes. He said groups of people

October 29, 2012 November 1, 2012 November 4, 2012 Explosions reportedly caused by hand Thousands of Rohingyas in Pauktaw Doctors Without Borders reports that grenades occur at two mosques in Township refuse to sign government pamphlets and posters being distributed Kawkareik Township in Karen State. registration forms because authorities re- in Sittwe threaten any aid workers who placed the term “Rohingya” with “Bengali.” treat Muslims.

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were going door-to-door and giving As of the writing of this report, the Acts of Courage Buddhists stickers to mark their homes government had arrested 44 people, so that they would not be targeted for both Muslims and Buddhists, for inci- burning.76 Eyewitnesses told PHR dents that occurred in Meiktila. In April Some positive stories have emerged from that they saw monks instigating the 2013, the gold shop owner, his wife, this new chapter of atrocities in Burma. violence, some carrying weapons.77 and an employee were sentenced to Civil society groups are leading efforts to 14 years each for assault and theft.83 In build peace and social reconciliation; the PHR interviewed eyewitnesses who said May, seven Muslim men were convicted government can learn much from these police watched without trying to in- on various charges for the killing of the groups. The Interfaith Youth Coalition tervene while Muslims were killed and Buddhist monk, receiving sentences of on AIDS in Myanmar (IYCA-Myanmar), their homes and mosques burned.78 2 to 28 years in prison.84 In July, two Mizzima Youth Network, Interfaith Peace Buddhists were sentenced to seven Network, Myanmar Youth Resource The number of people arrested for the years for murder committed during Society (MYRS), and other Burma-based Meiktila violence varies considerably the riots.85 Between July 9 and July 11, groups have held several events promot- among sources. Mandalay Region 2013, 25 Buddhists and four Muslims ing religious understanding and nonvi- Advocate General Ye Aung Myint were convicted for crimes committed olence.92 In addition, PHR interviewed reported on May 27 that 87 people had during the violence in Meiktila.86 The Muslim victims of the violence in Sittwe been arrested in connection with the 25 Buddhists were sentenced on who spoke of groups and individuals who events in Mandalay, 38 of whom are several charges, including arson, incit- protected them. For example, a Rohingya Buddhist.79 In a briefing on April 3, the ing unrest, assault, theft, and murder;87 person described how Rakhine staff of minister for foreign affairs stated that those convicted of murder received the Myanmar Red Cross stopped Rakhine 142 people had been detained and 10 to 15 years in prison.88 The four mobs from beating them, provided that action was being taken against Muslims received sentences ranging treatment, and evacuated them to the 32 perpetrators of the violence in from seven years to life imprisonment hospital.93 Other Muslim victims said that Mandalay and Bago.80 The police stated for their roles in one murder specifical- their Buddhist neighbors hid them from that 70 people had been arrested, in- ly.89 On July 12, one Buddhist and two the mobs and helped them escape the cluding 28 Muslims and 42 Buddhists.81 Muslims were sentenced to five years fighting.94 A Burman policeman diverted Witnesses reported that Burmese imprisonment for arson and destruction Rakhine mobs from one Muslim section authorities questioned and then of property.90 One student activist from of town, enabling Rohingyas to escape released a number of those arrested.82 Rakhine State, Ye Min Oo, was facing unharmed.95 PHR documented two six years in prison for “sedition and occasions in which Buddhist monks tried inciting religious hatred” during the to intervene to stop the violence.96 violence in Meiktila; he was arrested on March 25, but no verdict had been giv- en as of the writing of this report.91

November 15, 2012 November 17, 2012 November 17, 2012 The United Nations Office for the Satellite evidence obtained after the violence President Thein Sein promises to address Coordination of Humanitarian in October shows the complete destruction the underlying problems of the violence in Affairs (UN OCHA) announces that of Rohingya villages and neighborhoods Rakhine State in a televised address and letter 115,000 displaced persons are in throughout Rakhine State. to the UN. 58 locations in Rakhine State, more than half of them located near Sittwe.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Anatomy of Anti-Muslim Violence 15 in Burma Since June 2012 continued from page 14

At the time this report was written, Oakkan, Rangoon Division: Hpakant, Kachin State: 44 people had been convicted in total, April 30–May 1, 2013 May 4, 2013 28 of whom were Buddhist (sentences The violence in Oakkan and the sur- A group of approximately 30 Buddhists ranging from 3 to 15 years).97 rounding areas reportedly started after attacked Muslim-owned shops and a Muslim woman bumped into an houses in three areas of Hpakant Police in Bago Division claim that they 11-year-old novice monk, causing him Township on May 4, 2013. There are have arrested between 50 and 60 to drop and damage his alms bowl.102 no reports of what may have sparked people thought to have participated After police detained the woman, the outbreak of violence.109 in vandalizing homes and property.98 rumors spread that Muslim residents In the town of Moenyo, only 4 people were going to mount a revenge attack. Two Buddhists were subsequently de- have reportedly been questioned in Mobs of armed Buddhists formed tained, but there had been no additional connection with the riots, while 21 with the supposed intent of catching arrests, charges filed, or convictions people have been detained for violat- Muslims by surprise, descending on when this report was written.110 ing the curfew put in place during the Muslim villages in the surrounding violence.99 Ten people were reportedly area.103 Residents described groups of Lashio, Shan State: convicted for violating the curfew and 200 to 300 armed Buddhists driving May 28–29, 2013 sentenced to three months in prison.100 into villages on motorcycles and de- The violence in Lashio reportedly One Muslim was sentenced to two stroying homes and mosques.104 Some started after a Muslim man got into a years for “insulting” religion after of the attackers were purportedly local quarrel with a female Buddhist gaso- removing a 969 sticker from a shop residents, while others were likely from line vendor.111 In the ensuing fight, the in Bago Division on April 20. He was elsewhere.105 Muslim man poured gasoline on the tried two days after the incident and vendor and lit her on fire.112 The suspect sentenced the following day.101 Twenty-one people were arrested in was detained by police soon thereafter. connection with the violence in Oakkan A mob formed around the police sta- and the surrounding villages in May tion demanding that the police release 2013.106 The woman who allegedly the man to them. When the police bumped into the novice monk was refused, the mob burned a mosque.113 among those arrested and was charged with insulting religion through “delib- The violence escalated from there, as erate and malicious acts.”107 She and mobs of armed men roamed the streets another Muslim woman have been on motorcycles, while a group of men convicted and sentenced to two years in the market reportedly cheered and of hard labor.108 No one else had been sang nationalist Burmese songs as they convicted at the time this report was destroyed shops.114 Journalists and written. humanitarian aid workers reported being threatened and attacked by the crowds during the violence.115

December 7, 2012 December 24, 2012 February 11, 2013 Following a four-day visit to Burma, Valerie The UN General Assembly unanimously Government authorities instruct immigration Amos, UN under-secretary-general for approves a non-binding resolution expressing officials in Rakhine State to prevent Muslims humanitarian affairs, states that the situation concern over violence in Rakhine State and from moving outside their townships. for IDPs in Rakhine State is “dire.” advocates that Burma protect the rights of Rohingyas.

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Shan State government spokesperson, Mone, Bago Division: Thandwe, Rakhine State: Wai Lin, stated that 44 people were May 29, 2013 June 30–July 1, 2013 arrested in connection with the vio- This bout of violence was reportedly The unrest was reportedly sparked after lence in Lashio, most of whom were triggered by a fight between two word spread that one or two men— Buddhists.116 Police spokesman, Major brothers-in-law, one Muslim and one who were purportedly Muslim—raped Moe Zaw Linn, stated that 60 people Buddhist, during which the latter was a woman.124 After hearing the news, were arrested during the violence.117 supposedly injured.120 Both were taken a mob of 50 people reportedly gath- Fourteen people were still on trial for to the police station, after which res- ered outside of a police station and their involvement in the violence as idents reportedly stated that a crowd went on to destroy several Muslim- of mid-June, with additional suspects of Buddhists surrounded the station owned homes and injure three Kaman reportedly under arrest.118 However, and demanded that the Muslim man Muslims.125 The next day, the mob the only person convicted so far is the be charged with a serious crime.121 burned down another Muslim-owned Muslim man accused of setting fire to Afterward, the crowd destroyed a home.126 the Buddhist petrol vendor; he was mosque and madrassa.122 sentenced to 26 years in prison for As of July 2013, only one Muslim man attempted murder, causing grievous As of the writing of this report, no ar- accused of rape had been arrested.127 harm, and two separate drug-related rests had been reported in connection crimes.119 with this violence.123

The overall culture of impunity demands sweeping legal reforms and a concerted initiative by political and civil society leadership in Burma.

February 16, 2013 UN Special Rap- porteur Tomás Ojea UN Special Rapporteur Tomás Ojea Quintana Quintana talks to condemns the Burmese government’s treat- the media following ment of the Rohingyas. a press briefing on the situation in Rakhine State. Photo: Ye Aung Thu/ AFP/GettyImages

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Human Rights Violations 17

etween June 2012 and July groups. Patterns of neglecting the vi- lice and military units in Rakhine State, 2013, attacks on Muslims olence are evident in the government combined with an overall absence of occurred in dozens of towns response across the broader geography the rule of law, enabled the violence to across Burma. PHR investi- of the attacks. The apparent failure of spread to other areas of the country. gators interviewed 89 key authorities to respond appropriately informants and eyewitnesses and in a manner that protects human The patterns evident in PHR’s primary Bto the incidents in 19 locations across rights of all persons also indicates pos- data are reflected in reports by jour- Rakhine State, Mandalay Division, and sible collusion in the violence. In each nalists and by other human rights in- in the city of Rangoon. Several patterns situation, PHR documented the failure vestigators who have traveled to other that emerged from these interviews to protect civilians and prosecute per- sites of violence in Burma where PHR suggest that the violence now spread- petrators. The overall culture of impu- did not go. To highlight the similarities ing throughout Burma might represent nity demands sweeping legal reforms of events across Burma, this section more than random acts of communal and a concerted initiative by political presents PHR’s findings in parallel with violence, and instead might have been and civil society leadership in Burma. reports from other areas of the country, instigated and sustained by anti-Muslim The especially egregious actions by po- categorized by human rights violation.

Residents look at the charred remains of burnt bodies in riot-hit Meiktila on March 23, 2013. Photo: Soe Than WIN/AFP/Getty Images

February 18, 2013 February 20, 2013 February 21, 2013 Several hundred Buddhist nationalists attack a In northern Maungdaw Township, Deputy minister of immigration and popu- Muslim school and businesses in the Thaketa 13 Rohingya women and girls are beaten lation denies the existence of the Rohingya Township of Rangoon. and gang-raped by the Nasaka, Burma’s ethnic group in Burma during a parliamentary border security force. question session.

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Burmese Authorities Fail to Protect Witnesses of the violence in Kyauk June 2012, Rakhine State, Civilians from Assault128 Phyu, Meiktila, and Rangoon told PHR PHR Field Reporting that local government officials warned Key informants told PHR they saw “There is no help from the government. Rohingyas not to attack Rakhines police stand back and watch as Than The government is looking at us as an and said that they could not protect Daw Li village and Narzi quarter erupted enemy.”129 Muslims.138 Although local authorities in flames.141 One key informant told – Community leader, Sittwe IDP camps knew in advance that violence would PHR that state-owned equipment was erupt, they did nothing to prevent it. used to destroy mosques and Rohingya Police and military actions during the homes, stating: “They smashed violence followed similar patterns “During the violence, we had no pro- everything with a bulldozer; it was a across the country. Eyewitnesses from tection from the police. But we got government bulldozer from a jetty.”142 13 of the 17 locations where PHR in- some help, but only a little, from the vestigated in Rakhine State said they army—to take us to the hospital.”139 Other key informants told PHR that saw police during the attacks. In those – Male IDP, Sittwe camps they called state authorities to ask 13 locations, police were seen firing for protection when armed mobs weapons into crowds in eight separate “Before [Rakhine people] attacked our of Rakhine people arrived in their sites,130 and were seen watching but not village, they destroyed our boats, so neighborhoods, but that authorities intervening four times.131 Eyewitnesses we couldn’t escape. The next morning, took no action.143 told PHR that police sometimes fired some military came, a battalion from into the air and other times fired directly Mrauk U. They said, ‘We’ll tell the at people, sometimes killing those in Rakhine not to attack you again.’ the crowd.132 In only two situations We had no food, so many women did police intervene to help evacuate from the village went out to find injured Muslims.133 In some cases, the food—not men; they were afraid they police did nothing at first, but later would be killed by Rakhines. Three helped move Muslims to safety.134 days later, the army and Rakhine The army’s record was only slightly people came into the village, and the better. PHR documented nine times army watched while Rakhines looted in which military troops were seen our houses. We lived like this for two during outbreaks of violence. On two months; we ate grass as food. When occasions, troops fired their weapons the army came the last time they said, at Muslims,135 on three occasions they ‘We only have a few more days to did nothing to stop the violence,136 and protect you, so it is better for you to in six cases they evacuated wounded go away, go to another place.’”140 Muslims to hospitals or trucked them to – Female IDP, Sittwe camps IDP camps.137

March 20, 2013 The entire Muslim Mingalar Zayyone Buddhist mobs attack Muslim quarters in quarter was totally the city of Meiktila following a dispute destroyed as part between a Muslim gold shop owner and Buddhist customers. of the anti-Muslim violence that swept through Meiktila in late March 2013. Photo: Heim Aung

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October 2012, Rakhine State, “Before the violence, we heard that counted approximately 10 monks, PHR Field Reporting Rakhines would attack us—there was five of whom he saw handing out iron Approximately 60 miles down the coast talking at the market. I was afraid. bars to people. This eyewitness also from Sittwe, police and Army Battalion The local government told us not to saw fires in several Muslim storefronts, 34, commanded by a Burman,144 attack the Rakhines—that the Rakhines and said that the monks blocked the were positioned around the Muslim would burn our houses if we did. The passage of fire trucks that arrived on quarter in the town of Kyauk Phyu. Union Solidarity and Development the scene. He reported that he ob- Muslims from Kyauk Phyu told PHR Party (USDP) district government sent served several policemen who stood that they were grateful for the pro- us a letter; it said, ‘Muslim people, at the scene and watched.153 tection and sent food and presents don’t attack Rakhines or they will burn to the police and soldiers.145 The local your house.’”151 This eyewitness also said that when government then replaced Battalion – Male farmer, Kyauk Phyu he tried to take a video of the scene, 34 with Battalion 543, commanded by he heard a man yell, “There’s a Kalar a Rakhine.146 The Kyauk Phyu district March 2013, Mandalay Division, [a derogatory term for Muslim]; he’s government also warned Rohingyas to PHR Field Reporting taking photos of us.” Eight people then refrain from retaliating against the at- PHR spoke with eyewitnesses of the began attacking him with sticks. He tacks.147 One eyewitness told PHR, “We violence in Meiktila in March 2013 said that two of the policemen who called on the phone to Kyauk Phyu who saw police stand by as crowds were standing in front of him grabbed district government for help. They said, destroyed Muslim homes, schools, and his arms, pulled him up, and took him ‘If you burn one Rakhine house, then businesses. PHR’s May 2013 report, to the nearby police station. The eye- you will be killed.’”148 Eyewitnesses told Massacre in Central Burma: Muslim witness stated that, en route to the PHR that on October 23, once the vio- Students Terrorized and Killed in station, people in the crowd hit him lence had started, police and Battalion Meiktila, documented that police with bars, and the police did little to 543 provided covering fire for Rakhines watched while groups of armed stop them. PHR researchers noted that who were throwing Molotov cocktails Buddhists killed at least 20 children this eyewitness had very obvious at Muslim houses.149 Several Rohingyas and four teachers.152 periorbital ecchymoses (black eyes), were wounded and killed.150 and a deviated nasal bridge, which PHR also spoke with eyewitnesses from was presumably broken. He was still Mandalay Division who saw police fail suffering from severe back pain from to act as mobs attacked their communi- where he was struck with iron bars.154 ties. One male resident of Meiktila saw a crowd form near a police station and start to move toward the market. He joined this group of people and reported getting trapped in the crowd, where he

March 21, 2013 March 24, 2013 March 26, 2013 At least 20 students and four teachers are Violence in central Burma spreads as mobs at- The official death toll from the violence in reportedly killed by a Buddhist mob that tack Muslim homes, businesses, and mosques Meiktila is raised to 40. UN Special Adviser attacked a madrassa in the Mingalar Zayyone in towns outside Meiktila and Rangoon. on the Prevention of Genocide Adama Dieng quarter of Meiktila. voices concern over the violence.

Anti-Muslim violence spreads to several villages in Bago Division, resulting in the destruction of mosques, shops, and homes. Many Muslims in the villages are forced to flee.

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PHR interviewed one female head of “As we drove out of town I saw a Legal Analysis household who was stopped twice by mosque burning and a fire truck. Internationally accepted police guide- police while attempting to flee from People were blocking the fire truck lines obligate police officials to protect violence in her village, during which from reaching the mosque.”156 all persons against illegal acts,158 time she witnessed police verbally – Female IDP, Meiktila thereby obliging police to intervene authorizing armed civilians to attack when witness to unlawful destruction Muslim neighborhoods for a period Reports from Elsewhere in Burma and threats to civilian lives. In the of 30 minutes. She said she tried to Journalists detailing the Lashio riots in Burmese context, police and military drive her children and grandchildren May 2013 recounted a similar pattern, incompetence or timidity cannot be out of her village on the evening of reporting that the fire brigades did an explanation for their reluctance March 23 after witnessing “about not respond to burning buildings; they to act. Throughout Burma’s history, 40 to 50 people” attack Muslim shops claimed they were not ordered to re- and especially during pro-democracy and light fires. Police officers stopped spond to the fires so they did not go.157 protests in 1988 and 2007, police and her at a roadblock and told her to turn military have disrupted civilian protests around and go home. When she began with brutal efficiency. In the last year, to drive back toward her village, she government forces put down peaceful saw violence spreading in the direc- protests and arrested protestors in tion of her home and drove back to Letpaudaung, Maday Island, Mandalay, the checkpoint. She then overheard a Rangoon, Lashio, and Shwebo.159 The group of men on the roadside talking police force should operate as an insti- to a policeman who appeared to be in tution that protects civilians, not one charge of the checkpoint. She heard that only reacts to peaceful protests the policeman say to the group of men, deemed threatening to the state. armed with sticks, that he would give the group 30 minutes to loot and burn Muslim businesses, but then he’d “have to do something.” At this point, she The police force should operate as an was allowed through the checkpoint, but the police officer threatened her by institution that protects civilians, not one saying, “If you tell anyone about what you saw, we’ll come find you and beat that only reacts to peaceful protests you.”155 deemed threatening to the state.

March 28, 2013 March 29, 2013 April 2, 2013 President Thein Sein warns potential instiga- A mob of around 50 men attacks a Muslim In Rangoon, 13 boys die in a fire at a madras- tors of violence that he has the ability and neighborhood in the Gyobingauk Township sa. Burmese officials say that the fire was an resolve to use force to protect citizens. of Bago Division, causing hundreds of accident, but people close to the school claim Muslims to flee. that foul play was involved.

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Burmese Authorities Fired on and A middle-aged father told PHR that Another eyewitness said, “Some Arbitrarily Executed Civilians in police watched while Rakhine peo- Rakhine people were marching to the Rakhine State160 ple set fire to Rohingya homes in his mosque and the madrassa. Our villagers community.162 He testified that on tried to stop them by attacking, but the Police in Rakhine State failed to protect June 11, after Rakhine residents set police shot at us. Four Rohingyas were Rohingyas during the violence there. fire to Rohingya houses, police shot at killed; I saw all four get killed.”167 Police also fired deadly weapons at Rohingyas as they exited their burning Rohingyas to prevent them from de- homes.163 This same eyewitness told “When the Rakhines started burning fending their property against mobs of PHR that on the road to the IDP camp our houses, we wanted to defend our- armed Rakhines. In the incidents that he witnessed police officials force a selves. We attacked them with sticks PHR investigated, Rohingyas sometimes 12-year-old boy to lie down face-up on and knives to make them stop. Then defended themselves and their property the street, at which time police shot Lon Htein [police commandos] started with knives, sticks, or other rudimen- him once in the chest with a rifle.164 shooting at people.”168 tary weapons. Even though Rohingyas The eyewitness claimed to have been – Male IDP, Sittwe camps were armed at times, the response by about “three bamboo pole lengths” police was excessive and appears to (approximately 100 feet) away from “I saw about 50 commando police have amounted to arbitrary execution this shooting when it happened. come in first; they pointed guns at in some cases. Afterwards, he ran with his family Rohingyas and fired. I saw about away from the scene.165 10 people killed. At the same time, June 2012, Rakhine State, Rakhines started burning the town. PHR Field Reporting In several cases, eyewitnesses told Later we retrieved the bodies.”169 “Before the burning, Army Battalion PHR that authorities provided covering – Female IDP, Sittwe camps 542 fired onto the roofs of the fire for Rakhines who were burning Rohingya houses. Then Rakhines Rohingya houses. Although Rohingyas burned the houses with petrol tried to defend their property, they bombs.”161 were turned back by gunfire. One – Male farmer, Kyauk Phyu eyewitness told PHR, “I saw Rakhine people throwing petrol bottles on the roof of a Rohingya house. The Rohingyas attacked them back. Then the police started shooting at the Rohingyas. Some were hit in the leg and some were hit on the body.”166

April 5, 2013 April 10, 2013 April 11, 2013 A plan to resettle Rohingya IDPs in Kyauk Dozens of people are arrested throughout A Muslim gold-shop owner, his wife, and an Phyu Township is scrapped after local Bago Division in connection with the employee are sentenced to 14 years in prison Rakhines oppose allowing Rohingyas to anti-Muslim riots in March 2013. for assault and theft during an altercation be resettled near them. that sparked anti-Muslim violence in Meiktila.

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Reports from Elsewhere in Burma Forced Displacement173 PHR interviewed Muslims who fled their Most of the direct assaults on Muslims homes during the June 2012 violence by Burmese authorities occurred in Forced displacement exacts a devas- and were grateful to Burmese Army Rakhine State. The police failure to tating toll on entire communities. Such soldiers for protecting them.175 prevent anti-Muslim violence and arrest displacement often involves the strip- perpetrators in other parts of the coun- ping away of livelihoods, the loss The army facilitated the exodus of all try most likely played a role in enabling of family and other interpersonal of the Muslims in the town of Sittwe, or even encouraging attacks. PHR did connections, the inability to access with the exception of those who chose not independently verify any incidents basic services, including health and to remain in Aung Mingala ghetto.176 of police or military shooting civilians education, and future vulnerability to Aung Mingala remains the only Muslim outside of Rakhine State. human rights abuses.174 quarter in Sittwe not burned to the ground and evacuated. The quarter is The only other reported case of June and October 2012, Rakhine surrounded by police, and people are police firing on civilians outside of State, PHR Field Reporting not permitted to enter or leave without Rakhine State was in Pyay Township During the initial wave of violence in paying a bribe. The army drove people in Mandalay, where people were in- Sittwe, Muslims fled the fighting and out ostensibly for the Muslims’ safety, jured and hospitalized after being shot gathered in Aung Mingala quarter, one but the result was to concentrate the with rubber bullets on March 27, 2013 of the largest Muslim quarters in town, Muslim population in camps outside of during riots sparked by the Meiktila seeking safety in numbers. After a few town, where they have remained for violence.170 days, the population of the quarter over a year. swelled to several times its normal size. Legal Analysis Local military commanders came to the One Rohingya woman told PHR that The UN Code of Conduct for Law quarter and said they would evacuate five days after violence began in Sittwe, Enforcement Officials limits police use IDPs. According to eyewitnesses, the police “kicked out” all Rohingya fam- of deadly force to those occasions army sent six or seven trucks to move ilies from her village of Pauktaw and when “strictly necessary and to the IDPs to the edge of town. These trucks forced them toward the shore.177 [minimum] extent required for the dropped them off where the IDP camps performance of… duty.”171 UN Basic are located today. Eyewitnesses said Principles on the Use of Force further the relocation was voluntary because stipulate that law enforcement officials people feared for their lives and wanted may only use firearms against people to get out of Sittwe. Several thousand posing “imminent threat of death or se- more people walked from the Aung rious injury,” and even then only when Mingala quarter to the edge of town. less “extreme” means are insufficient Eyewitnesses said they were attacked means of protection.172 by Rakhine civilians and monks as they fled, but were protected by the army.

April 18, 2013 April 29, 2013 April 30, 2013 A Burmese government spokesperson rejects The Rakhine State Conflicts Investigation Anti-Muslim mobs destroy several businesses, calls for an international investigation into the Commission calls for more security forces homes, and a mosque in Oakkan and sur- anti-Muslim violence, saying the violence is in Rakhine, segregation between Muslims rounding villages. At least one person is killed. Burma’s “internal affairs.” and Buddhists, and limiting the population growth of Rohingyas.

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Burmese Authorities Promote Rohingyas are even less safe outside “The Rakhines will kill Rohingyas if they Segregation and Prevent Muslims the IDP camps, where they may be go downtown. There is no government from Fulfilling Basic Needs178 susceptible to attacks from civilians. protection. We cannot go to the hospital, The Burmese authorities are not to the market.”185 June and October 2012, Rakhine forcing Rohingyas to stay in the camps, – Community leader, Sittwe IDP camp State,179 PHR Field Reporting but because they will not give them PHR researchers documented several protection if they leave, the Rohingyas The Burmese police and military failed instances of government restrictions have no choice but to remain there. to protect Rohingyas from attacks on freedom of movement. During the Tomás Ojea Quintana, the UN special during the 2012 violence, and they fighting, Rohingyas fleeing violence in rapporteur on the situation of human have not been able to provide protec- Kyauk Phyu by boat were turned away rights in Myanmar, visited these camps tion since then. Rohingyas in the areas from entering the IDP camps in Sittwe in February 2013 and said the camp in around Sittwe cannot travel freely because authorities wanted them in a Myebon “felt more like a prison than outside of IDP camps. Most IDPs in different camp. The Nasaka, Burma’s an IDP camp.”182 Sittwe interviewed by PHR said they border security force, fired over fishing would return home to Sittwe if the boats trying to land IDPs at the Sittwe “Nasaka will let us go [on boats to other government would guarantee their beach and beat Rohingyas as they countries] but will not let us return.”183 safety, though at the time of the disembarked.180 – Community leader, Sittwe IDP camp interviews they felt this was not the case.186 One female IDP told PHR, “[After we landed at Sittwe IDP camp,] Because Rohingyas in the camps can- “100 percent I want to go home to the army called us. They said, ‘You not travel to the markets in Sittwe to Sittwe if I can get safety and protec- can’t land here, go to Rathedaung.’ buy food, those not receiving rations tion from the government. That is my We said we did not want to go there, from the World Food Program (WFP) home.”187 and they said, ’Talk to the prime minis- must rely on sympathetic Rakhine truck ter of Rakhine State to see where you drivers to buy them food in the markets “I want to live in peace with the should go.’ We said, ‘We’re Kaman and deliver it to the camps. These truck Rakhine people, like in the past.”188 Muslims, we have citizenship, take us drivers, who have been harassed by – Male IDP, Sittwe camps back to Kyauk Phyu.’ But the prime monks and beaten by Rakhine mobs in minister said no. They want to send us the markets, told PHR that they receive “1982 [the citizenship law] is not for to difficult areas to discriminate against no protection from the police.184 us. We need rights. This is our country us. They are sending us there to get too; we vote, and we have been elect- attacked by Rakhines again; these areas ed. They don’t want to recognize us are not safe.”181 as citizens because we are Muslim.”189 – Male IDP, Sittwe camps – Male IDP, Sittwe camps

May 1, 2013 May 2, 2013 May 4, 2013 A mob of about 100 Buddhists armed The U.S. Commission on International A crowd of 30 people destroys a with sticks reportedly threatens to burn Religious Freedoms lists Burma as one of the Muslim-owned shop in Hpakant the Muslim village of Win Kite and kill its worst offenders in denying religious freedom. Township in Kachin State. Two residents, but is pushed back to a nearby Buddhists are arrested at the scene. Buddhist village by police.

Physicians for Human Rights 24 Humanitarian Needs

PHR interviewed three groups of com- IDPs were living in canvas tents pro- PHR investigators were not able to visit munity leaders who lived in IDP camps vided by the United Nations High camps for Rakhine IDPs in Sittwe, but near Sittwe, as well as community Commissioner for Refugees (UNHCR), observed them from nearby. These leaders who were organizing aid for in bamboo houses, and in grass- camps were much closer to the town IDPs in Meiktila. In the Sittwe camps, thatched huts that were too low to of Sittwe, and all were made up of leaders complained of limited food permit standing. The IDP camps are bamboo houses with iron sheets on the supplies and a lack of shelter.190 IDPs in interspersed with villages that existed roofs; PHR investigators saw electric the camps near Sittwe who had regis- before the displacement. Altogether, wires running into the houses and elec- tered with WFP received regular rations they cover about nine square miles. tric streetlights. PHR researchers also of rice, oil, and salt. Unregistered IDPs This area is located on a coastal plain— saw housing construction on the edge received food aid from private donors an extremely flat site with no drainage. of the town of Sittwe, where locals said from Rangoon. Unregistered IDPs In many places, latrines were only a few houses would be built for displaced said these food rations did not come yards from the houses. Rakhine people. So far, there is no regularly, and they were constantly government plan to move Rohingyas or worried about running out of food.191 Community leaders of one unregistered other Muslims out of the IDP camps.194 PHR was not able to access all camps in settlement of about 67 households said Rakhine State, and some private donors they had four water pumps—only two Muslim community leaders in Mandalay in Rangoon told PHR that they could of which were working—and 10 toilets told PHR that they were raising mon- not visit particular camps because the for their community. They said most of ey to support Buddhist and Muslim government did not provide them with the children had diarrhea and malaria.193 IDPs. They said that the government security from hostile local civilians.192 asked them to build 1,100 homes for Muslims who had fled Meiktila, but that the government requested they use a contractor known to be a crony of the old regime. Community leaders said they were given 30 days to resettle an estimated 9,000 Muslim IDPs from Meiktila.195

May 7, 2013 May 21 , 2013 May 23 , 2013 The Dalai Lama denounces attacks on Seven Muslims are convicted for crimes Seven Rohingya are charged with criminal Muslims by Buddhist monks in Burma, related to the violence in Meiktila in offenses after they are arrested for refusing to saying that killing in the name of religion March and receive sentences ranging register as “Bengali” with the government. is “unthinkable.” between 2 and 28 years in prison.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Humanitarian Needs 25 continued from page 24

While temporary shelters have been The United Nations Office for the “We’re worried for our kids. They built for an estimated 71,000 IDPs in Coordination of Humanitarian Affairs cannot go to school; living in tents they Rakhine State (only slightly more than stated in a press release that, despite have no privacy. They’ll have no future.” half of the 140,000 IDPs),196 the UNHCR efforts to improve the situation for IDPs – Male IDP, Sittwe camps203 estimates that 69,000 IDPs are living in Rakhine State, there are still severe in “flood-prone areas” or in tents gaps in humanitarian assistance that “We can’t get anything here—food, or makeshift structures that cannot need to be addressed. Restrictions medical supplies—for over one month withstand the rainy season.197 Efforts on IDPs’ freedom of movement have from any donors or from INGOs. In are under way to build temporary prevented them from being able to recent days we are really starving.” structures capable of resisting the rain seek employment, health services, and – Male IDP, Sittwe camps204 for the remaining IDPs. The Rakhine education.201 There are also fears that government, with assistance from the the construction of semi-permanent “I have been starving for three days— central Burmese government, has been shelters will result in the establishment three days with no food.” tasked with the construction of shelters of permanent settlements, ensuring – Female IDP, Sittwe camps205 for 45,000 people, while the UNHCR continued communal segregation.202 is constructing shelters for 25,000 “I am most worried about shelter right people.198 However, many of these now. The shelter is not good. Soon the structures have to be elevated over rice rainy season will come, and we do not paddies, since the Burmese government have enough protection from the rain. was reportedly unable to secure more And we do not have enough food. suitable land.199 According to Doctors How can we live without food? We Without Borders, the water, sanitation, are starving here.” and hygiene (WASH) conditions are – Female IDP, Sittwe camps206 “far below” international standards in a number of camps in Rakhine.200

May 25, 2013 May 28, 2013 May 29, 2013 The Rakhine State government imposes Buddhist mobs set fire to a mosque, Buddhist mobs destroy a mosque and a two-child limit only on Rohingyas in an a madrassa, and Muslim shops over two a madrassa in Mone, a small town in the apparent attempt to stem the growth of days in the city of Lashio in Shan State. Bago Division. the Muslim population.

Physicians for Human Rights 26 Conclusion

he trauma among Burmese PHR documented details of a massacre The killings in Meiktila, as well as the citizens resulting from 60 in Meiktila, Mandalay Division, in a May crimes in Sittwe, Lashio, Okkan, and years of military dictatorships 2013 report that highlighted one of the elsewhere, are some of the starkest has not gone away with most extreme examples of anti-Muslim examples of anti-Muslim sentiment the installation of the new violence in recent months. PHR inves- in Burma. While such massacres are government. The old regimes tigators documented the methodical not sweeping the country at present, Tused divide-and-conquer tactics against killing and terrorization of Muslim the brazen nature of these crimes and Rakhines and Rohingyas, which inevi- children and adults in March 2013 that, the widespread culture of impunity tably fueled the animosity in Rakhine according to the official tally, took an in which these massacres occur form State that contributed to the situation estimated 100 lives. PHR corroborated deeply troubling preconditions that today. The legacy of human rights 24 of those deaths. During the massacre, make such crimes very likely to continue. violations in other ethnic states and in police officials, including leaders within If these conditions go unaddressed, the central part of the country remain, the local police structure, observed Burma may very well face countrywide and so far the new government has not the violence without intervening or violence on a catastrophic level, including made any effective attempts at national protecting those at risk. potential crimes against humanity and/ reconciliation or transitional justice. or genocide. The Burmese government Civil society groups and individual citi- must make a concerted effort to zens have begun this essential work of allow an effective investigation into bringing together divided communities. these abuses and hold perpetrators The government must follow their lead. accountable. The new government must show that it is not a continuation of the Ne Win and Than Shwe regimes, but that it is ready to institute true reforms: to stop violence and end impunity for human Inter-ethnic hatred can be exploited rights violations and mass crimes. by extremists, but all people, not only political leaders, have the responsibility to turn the national tide against violence and toward reconciliation.

May 31, 2013 June 5, 2013 June 11, 2013 Thirty-five people are arrested and detained Two Muslim women accused of sparking Burma’s minister of immigration and popu- in connection with the riots in Lashio. the violence in Oakkan in April 2013 are sen- lation publicly announces his support for the tenced to two years in prison and hard labor. two-child policy for Rohingya families.

Separately, police kill three Rohingya women in Mrauk U Township in Rakhine State. The women reportedly were part of a crowd trying to prevent police from relocating Rohingyas from their temporary homes.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Conclusion 27 continued from page 26

The violence in Burma should not be Rakhine Commission Report considered a sudden and regrettable byproduct of the recent reforms or a natural occurrence in a nascent democ- The Burmese government established Rohingyas as outsiders or “Bengalis” racy. Instead, these violent episodes a Rakhine Investigation Commission strengthens the argument of are the result of the complete lack of to investigate violence in Rakhine extremists who wish to expel a fair legal system and accountability State, uncover its root causes, Rohingyas from the country. In mechanisms under a brutal military and develop recommendations general, the commission’s report junta with a long history of targeting for future action. The commission characterizes the violence in Rakhine ethnic groups and exploiting communal included former political prisoners State as a result of a breakdown tensions for its own purposes. Killings, and pro-democracy leaders but no in community relations, where all forced displacement, and other human members of the Rohingya community. communities were affected equally. rights violations are not inevitable but The commission’s final report did Members of the Rohingya and rather purposeful attacks on civilians. not include a thorough assessment Rakhine Buddhist communities were In the past 12 months in Burma, ethnic of the underlying causes of the both perpetrators and victims of the discrimination has exploded into bouts violence and instead included some violence, but the commission report of extreme violence that have pre- problematic recommendations that did not detail the ways in which dominantly targeted the Rohingya and may serve to further inflame ethnic Rohingya communities bore the Muslim communities. hatred. Instead of addressing the brunt of the violence. systemic discrimination against the Burma is facing a unique opportunity in Rohingyas, the report plays upon While the mere fact that the gov- its transition from military dictatorship that very persecution. It observes, ernment established the commis- to democracy. The shift is still fragile, for example, that the high birth rate sion represents an improvement, and the manner in which the Burmese among Rohingyas is partly respon- and some of the commission’s government chooses to address vio- sible for ethnic tension, repeating recommendations are worthwhile, lence against minorities will determine a theme used by anti-Rohingya ex- the overall methodology of the whether the transition is successful. tremists who wish to curb Rohingya commission and the tenor of the population growth. The recom- report demonstrate its insufficiency. The people of Burma face the difficult mendations also focus on security Independent international investi- but necessary task of grappling with measures, including border control, gators must conduct a thorough abuses against minority ethnic and re- which portray the Rohingya commu- and impartial analysis and generate ligious groups and forging social unity. nity as people who do not belong recommendations that will end Inter-ethnic hatred can be exploited by in Burma. This characterization of the violence and heal traumatized extremists, but all people, not only communities. political leaders, have the responsibility to turn the national tide against violence and toward reconciliation.

June 12, 2013 June 13, 2013 UN Special Rapporteur Tomás Ojea Quintana Wirathu, head of the 969 movement, calls says, “The human rights violations being for a law banning interfaith marriages. committed against the Rohingya in Rakhine State are widespread and systematic.”

Controversial monk Wirathu attends a meeting of Buddhist monks at a monastery outside Rangoon on June 27, 2013. Physicians for Human Rights Photo: Ye Aung Thu/AFP/Getty Images 28 Policy Recommendations

n documenting the extreme To the Government of Burma • Investigate and prosecute all persecution of Burma’s Muslim The Government of Burma must un- members of the police force population and other ethnic dertake significant institutional reforms who commit or facilitate human minorities, frequently spurred by to create accountability mechanisms, rights violations. Install an internal some Buddhist leaders, the aim of including an independent judiciary that accountability mechanism within Physicians for Human Rights (PHR) would operate under fair and transpar- the police force to fire, demote, Iis to press for leadership and the rule of ent procedures. For too long, Burma’s or otherwise appropriately punish law that will ascribe individual, rather legal and judicial institutions have oper- officers who do not appropriately than collective, responsibility for these ated to promote government authority, protect civilians. Vet the police crimes. We call on civic leaders of all not to protect the public. Many draco- and security force structures in a faiths and ethnicities in Burma to work nian laws from the former military re- transparent manner to remove from together to stop the cycles of violence gime are still in use; Burma’s parliament service any officers clearly shown and reprisals and to work toward a tol- should conduct a thorough overhaul of to be complicit in human rights erant and inclusive society that respects these oppressive laws and replace them violations. the human rights of all people. We es- with laws that reflect internationally • Redraft the 1982 Citizenship Law pecially commend the courage of those recognized norms. Civil society groups, to comport with internationally who have spoken out against prejudice including representatives from ethnic recognized legal standards. Involve and ethnic or religious hatred and who nationality groups, should be involved Rohingya community members and have stepped forward to protect the in this redrafting process. Although other members of minority groups in most vulnerable in their communities. long-term work is necessary to revamp the redrafting process. Burma’s institutions of accountability, • Immediately allow humanitarian aid PHR calls for the following recommen- the Government of Burma can take the organizations unimpeded access to dations to be implemented immediately following specific steps without delay: all those in need, including people to bring a swift end to the ongoing in internally displaced person (IDP) violence in Burma and to promote the camps. forms of social dialogue necessary to • Lead an internal campaign to dispel move the country from violence to a hate speech, and publicly and state of reconciliation. officially condemn all acts of violence against vulnerable ethnic or religious groups. • Cooperate with any international investigation into the 969 movement and other organizations that may be implicated in anti-Muslim violence.

June 14, 2013 June 14, 2013 June 20, 2013 A spokesperson for President Thein Sein says UN High Commissioner for Human Rights Twelve Nobel Peace Prize laureates release a that police were justified in shooting three Navi Pillay expresses concern over human statement to Burma’s government urging it to Rohingya women. rights violations and violence against Burma’s open an international, independent investiga- Muslims and the lack of accountability. tion into the anti-Muslim violence.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Policy Recommendations 29 continued from page 28

• Move forward with the planned • Pass legislation to ensure that the To the Democracy Leaders establishment of a country office nascent Myanmar National Human of Burma of the Office of the United Nations Rights Commission (MNHRC) Burmese democracy and human rights High Commissioner for Human becomes an independent body activists have led the campaign against Rights to provide more consistent that operates in accordance oppression and militarism for decades documentation and protection with the Paris Principles, which and have enjoyed the full support of efforts in Burma and to ensure outline standards for national the international community in those compliance with international human human rights commissions. The efforts. As Burma’s political opposition rights norms. MNHRC conducted a limited initial has greater freedom and influence • Immediately repudiate the two-child investigation into the Rakhine within the country, democracy leaders policy instituted in northern Rakhine State violence in June 2012, but its should call for an end to violence and State and ensure that all state policies work would benefit from formal greater protections for minority groups. regarding children and family choice independence from the government. reflect internationally recognized • Collaborate with international • State in unequivocal terms the norms as well as Burma’s legal humanitarian agencies to facilitate unacceptable nature of violence, no obligations under the Convention family reunification of those matter who the target, and reject on the Rights of the Child and the displaced by the violence and to trace wholesale the hate speech espoused Convention on the Elimination of missing people. by some members of the 969 All Forms of Discrimination against • Provide security for IDPs to voluntarily movement. Women. return to their home communities. • Express support for fair, transparent, • Allow local, regional, and • Dedicate resources to the rebuilding and effective accountability international journalists and of schools, religious sites, homes, mechanisms for crimes, including human rights investigators to have and other buildings destroyed during those targeting ethnic and religious unfettered access to areas where the violence. minorities. violence has occurred. • Specifically counter hate speech • Invest in long-term measures to against Rohingyas, Muslims, and promote accountability, such as other religious and ethnic minorities redrafting laws that discriminate by building a movement for social against particular groups, inclusion and reconciliation. training lawyers and judges, and professionalizing the police force. Ensure that such institutional reforms lead to fair trials for all defendants.

June 25, 2013 June 27, 2013 June 30, 2013 Burma’s government bans the sale of that Security forces fire on a crowd of Rohingyas A mob of 50 people in the town of Thandwe week’s issue of Time magazine, featuring an in an IDP camp in Pauktaw in Rakhine State, in Rakhine State burns down several homes, image of Wirathu on the cover and naming killing two and injuring six. injuring three Kaman Muslims. him “The Face of Buddhist Terror.”

Physicians for Human Rights 30 Policy Recommendations continued from page 30

To the United States Government matter their rank or position, in order To Members of the United Nations After years of instituting and enforcing to determine whether an acceptable Human Rights Council strict sanctions against Burma, the degree of accountability has been In June 2013, the Human Rights Council United States has embarked on a achieved. The United States should: adopted by consensus a presidential new era of engagement with the statement on anti-Muslim violence in Government of Burma. The United • Unequivocally and publicly denounce Burma that called for an end to the States eased sanctions to match incre- all acts of violence against Muslims violence and the establishment of mental reforms, such as increased press and other ethnic and religious accountability mechanisms. If Burma freedoms and the release of political minorities. Press the Government has not made progress on the recom- prisoners. U.S. officials are beginning of Burma to hold all perpetrators mendations included in that statement, to press for military aid to Burma in accountable according to fair and the Council should revisit the issue by the form of training, claiming that transparent procedures. passing a stronger resolution that es- such engagement will support reform. • Refrain from providing the tablishes an independent investigation Burma’s democratic development Government of Burma with any of anti-Muslim violence in the country. heavily depends on the future role military assistance, including training, The United Nations Human Rights of the military and the police forces. until Burmese authorities have vetted Council should: Therefore, the U.S. government must military, police, and other security publicly lay out a binding roadmap that forces to remove perpetrators of • Renew the mandate of the Special defines concrete steps the Burmese human rights violations from the Rapporteur on the Situation of government must take, which then institutions and have implemented Human Rights in Myanmar when allow for specific responses from credible accountability mechanisms the mandate is up for renewal in the U.S. government. The Obama to address violations committed by March 2014. Administration should report to members of the military, police, and • Follow up the June 2013 presidential Congress on the implementation of other security forces. statement on anti-Muslim violence each step of the U.S. government’s • Prioritize the protection of human with a stronger resolution that response before further action is taken. rights when designing U.S. foreign establishes an independent Accountability and proper vetting (in- policy toward Burma, especially as investigation of anti-Muslim cluding acts of commission and omis- U.S. businesses begin to invest in the violence in Burma and presses the sion) are indispensable prerequisites for country. Government of Burma for clear any future engagement regarding the progress on the recommendations military and police force. The United listed above. States should evaluate whether mem- bers of Burma’s police force or military are properly held accountable, no

July 1, 2013 July 1, 2013 July 8, 2013 A Buddhist mob destroys nine shops inside a A mob of armed Buddhists blockades a major Six Muslims and 28 Buddhists are convicted Buddhist monastery in Thabeikkyin Township road in search of Muslims in Singu Township for crimes they are accused of committing in Mandalay Division after hearing rumors in Mandalay Division, but it is dismantled after during the Meiktila riots, including arson, that Muslims are hiding inside. local authorities intervene. assault, and murder.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Policy Recommendations 31 continued from page 30

To Members of the Association of Historical Timeline of Southeast Asian Nations The Association of Southeast Asian Burmese Muslims Nations (ASEAN), of which Burma is a member, has traditionally refrained from intervening in member-state situ- ations. The violence in Burma, however, is not solely a domestic issue but has significant regional ramifications. The persecution of Rohingyas, for example, is affecting neighboring countries as those fearing violence flee Burma. ASEAN should therefore:

• Press the Government of Burma through bilateral relations, ASEAN bodies, and international forums to establish fair and transparent accountability mechanisms to address violence against minority groups and reform discriminatory laws and practices. • Use regional and international bodies, including the United Nations Human Rights Council, to press for an independent international A woman fleeing anti-Muslim violence in Meiktila, located in central Burma, investigation of anti-Muslim violence takes refuge in an IDP camp outside of town. in Burma. Photo Credit: Heim Aung • Protect all Rohingyas and others fleeing Burma and adhere to the principle of non-refoulement by refusing to return people to Burma if they would face violence or persecution there.

Physicians for Human Rights 32 Historical Timeline of Burmese Muslims

1430 – Upon his return from exile in 1885 – The Third Anglo-Burmese War 1944 – The BIA; the Communist Party Bengal, Buddhist King Narameikhla of breaks out in Burma. Britain conquers of Burma (CPB), led by Thakin Soe; and Arakan reportedly imports aspects of the rest of the country, resulting in the the PRP, led by U Nu, join together to the Muslim political economy from the total annexation of Burma. become the Anti-Fascist Organization Sultanate of Bengal. Muslim soldiers (AFO), which seeks to resist Japanese from Bengal settle in Arakan. Late 1800s – British colonial admin- occupation. istrators facilitate the immigration of 1600s – Muslims first settle in what is Bengalis, Indians, and Arabs for their U Nu is appointed minister of informa- now Mrauk U area in Arakan. cheap labor. tion of Burma’s provisional government.

1650s–1850s – Muslims of south 1937 – Britain makes Burma a separate 1945 – Japan is defeated, and the AFO Indian and Persian descent serve in the colony from India. is renamed the Anti-Fascist People’s Burmese army. Freedom League (AFPFL), led by Aung 1939–1945 – World War II divides the San. The AFPFL was the main political 1784 – Burman forces under King country along ethnic lines; Burmans party in Burma from 1945 to 1962. Bodawpaya conquer Arakanese in the central region give support to Kingdom. Japanese forces, while ethnic groups in 1947 – mountainous regions support the Allies. January – Britain promises Burmese 1852 – The Second Anglo-Burmese independence within a year; ethnic War. Britain annexes “Lower Burma,” 1940 – The Burmese Independence groups are excluded from negotiations. a region that includes the Irrawaddy Army (BIA) is organized by the Japanese Delta and the entire coast of Burma. government. The BIA served as Burma’s February – Panglong Conference be- National Army (BNA) during World tween Aung San and the Shan, Kachin, 1871–1911 – Bengali Muslims in War II. and Chin groups expresses solidarity Arakan Kingdom reportedly increase and support for a united Burma. Karen from 58,255 in 1871 to 178,647 in 1943 – In August, after the Japanese are present as observers. 1911, accounting for 94 percent and declare nominal independence for 84 percent of the population in Burma, U Nu, a leader of the People’s July – Aung San is assassinated on July the townships of Maungdaw and Revolutionary Party (PRP; it later 19; U Nu assumes leadership of the Buthidaung, respectively. evolved into the Socialist Party), is ap- AFPFL. pointed foreign minister by Burma’s 1878 – Burmese King Mindon Min dies, provisional civilian government led by and his son, Thibaw Min, assumes the Ba Maw. throne.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Historical Timeline of 33 Burmese Muslims continued from page 32

1948 – Burma achieves independence 1958–60 – Burmese General Ne Win 1963 – Ne Win expels people of Indian from Britain. forms a new government as the AFPL descent from Burma, including many party splits. Muslims. Others observe that Ne Win’s 1947–1961 – Mujahid rebels in Arakan nationalization of foreign and mi- seek to annex the Mayu frontier 1960s – The Burmese Army begins nority-owned businesses leads to the district to then-East Pakistan (now the “Four Cuts” policy, a counterinsur- outward migration of approximately Bangladesh). Failing this, the mujahids gency strategy aiming to cut off ethnic 300,000 Indians, largely Muslim, and and/or other Muslims call for a Mayu insurgent groups’ access to food, fund- 100,000 Chinese between 1963 and frontier state, distinct from a future ing, information, and recruits from the 1967. Rakhine State. local population. This results in forced evictions of civilians and other human 1967 – Thousands die from famine The mujahids heighten their call for rights violations, including travel caused by the government’s high jihad, displacing Arakan Buddhists who restrictions, rape, torture, summary demands for rice. had been resettled in the once major- executions, and the destruction of ity-Rohingya areas (now townships) villages, crops, and livestock. August 13 – Tens of thousands of of Buthidaung and Maungdaw in the Buddhist Arakanese/Rakhines protest Mayu region. The mujahids claim that 1960 – U Nu pushes Buddhism as the in Sittwe against rice quotas demanded Muslims were prohibited after World state religion. by the government. Government forc- War II from returning to most areas of es kill over 100 civilians. August 13 is Arakan, denied government jobs, given 1961 – U Nu establishes a Mayu now a local holiday in remembrance of little socioeconomic support, and treat- Frontier Administration, including those killed. ed as illegal immigrants. Buthidaung, Maungdaw, and western Rathedaung, under the administration 1970s – Separatist Muslim militancy re- Moderate Rohingya leaders assert that of army officers, and prepares to estab- surges in Buthidaung under the banner the majority of Arakan Muslims initially lish a separate Rakhine State. of the Rohingya Patriotic Front (RPF) did not support the rebels. as access to arms increases during the 1962 – General Ne Win stages a coup 1971 Bangladesh Liberation War. Large-scale Burmese military opera- and begins “the Burmese Way to tions are directed against the mujahids, Socialism,” which results in economic 1974 – A new constitution transfers culminating in “Operation Monsoon” collapse. General Ne Win stifles mi- power from the armed forces to a in October 1954. By 1961, the last nority demands for autonomy and/or People’s Assembly headed by Ne Win sizable group of mujahid rebels had greater rights. and other former military leaders. surrendered. 1977 – Government begins Nagamin (”King Dragon”) operation against Rohingyas; persecution results in 200,000 fleeing to Bangladesh.

Physicians for Human Rights 34 Historical Timeline of Burmese Muslims continued from page 33

Late 1970s – Armed forces continue 1989 – SLORC arrests thousands of 1992 – Than Shwe becomes SLORC the “Four Cuts” policy against Buddhist dissidents, changes Burma’s name to chairman. Arakanese rebel groups. As a result, Myanmar, and places Aung San Suu roughly 2,000 civilians die, 1,500 villages Kyi—National League for Democracy By April, up to 250,000 Rohingyas are are destroyed, and 10,000 people are (NLD) leader and daughter of Aung displaced from Rakhine State, owing to unlawfully detained. San—under house arrest. SLORC also the large-scale counter-insurgency op- changes “Arakan” to “Rakhine” and eration directed at the expanding RSO. 1980s – Radical RPF members form the the state capital “Akyab” to “Sittwe.” Rohingya Solidarity Organization (RSO). Government of Burma repatriates By the late 1980s, the RSO is said to be All Burmese are required to apply for Rohingyas from Bangladesh between receiving training from external jihad new citizenship cards stating ethnicity September and December; some repa- groups. and religion. Rohingyas are not able to triation is reportedly forced. obtain cards, based on their ethnicity. 1981 – Ne Win relinquishes the presi- 1995 – Doctors Without Borders dency to San Yu, a retired general, but 1990 – NLD wins a landslide victory reports that a survey of returned continues as chairman of the ruling in the general election, but the Rohingya refugees finds that 63 percent Socialist Program Party (BSPP). government ignores the results. did not want to return to Burma and 65 percent were unaware of the 1982 – Draconian “citizenship laws” 1991 – Aung San Suu Kyi is awarded principle of non-refoulement. are passed that discriminate against the Nobel Peace Prize. ethnic minorities, and many Muslims Aung San Suu Kyi is temporarily re- lose their citizenship. The government initiates “Operation leased from house arrest and attends Pyi Thaya” (“Clean and Beautiful first NLD congress since her release. 1987 – Currency devaluation causes Nation”), dramatically increasing anti-government riots. the number of military personnel in Burma is admitted to Association of Rakhine State. South East Asian Nations (ASEAN); 1988 – A nationwide pro-democra- SLORC is renamed State Peace and cy “8888” movement by students is 1991–1992 – More than 260,000 Development Council (SPDC). violently put down by government Rohingyas flee to Bangladesh from troops. In Sittwe alone, 50,000 people human rights abuses committed by the 2001 – Clashes between Muslims and demonstrate in September. By the end Burmese military, including the confis- Buddhists are reported in Rakhine of 1988, approximately 10,000 die cation of land, forced labor, rape, tor- State. countrywide in the crackdown. ture, and summary executions. 2002 – Aung San Suu Kyi is released The State Law and Order Restoration in May after nearly 20 months of house Council (SLORC) is formed. arrest. She is taken into “protective cus- tody” after clashes between her sup- porters and those of the government.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Historical Timeline of 35 Burmese Muslims continued from page 34

2003 – Khin Nyunt becomes prime 2008 – Cyclone Nargis hits Burma, 2012 – Wirathu is released from jail in minister, initiates “roadmap to killing over 138,000 people. The gov- an amnesty for political prisoners. As democracy.” ernment prevents aid from reaching head abbot of the Masoyein Monastery those in need and moves forward with in Mandalay, Wirathu spearheads Prominent Buddhist monk Wirathu is a constitutional referendum directly the nationalist 969 movement that arrested and sentenced to 25 years after the cyclone wreaked devastating (re)surfaces sometime around April in prison for distributing anti-Muslim destruction. Activists claim the chaos 2012. pamphlets that incited communal riots of the typhoon prevented many from in his birthplace of Kyaukse, a town voting. January – Following an earlier attempt near Meiktila. At least 10 Muslims are at consolidation in 1998, Muslim mili- killed in Kyaukse by a Buddhist mob. 2010 – Country holds general election, tant groups, including the RSO and the which is widely criticized by the inter- Arakan Rohingya National Organization May – Near Deepayin, Sagaing Division, national community. SPDC becomes (ARNO), join forces as the Arakan 70 NLD supporters are killed at a rally Union Solidarity and Development Rohingya Union (ARU). for Aung San Suu Kyi, allegedly by a Party (USDP) and “wins” control of the government-sponsored mob. Suu Kyi parliament. May – Power cuts throughout the coun- is placed under house arrest after the try spark large-scale protests. In Pegu incident. October – Aid workers are reportedly Division’s Pyay Township, 100 riot po- prevented from accessing the worst-hit lice stop some 300 protesters. At least 2004 – Khin Nyunt arrested. areas of Rakhine State in the wake of five are arrested; according to multiple Cyclone Giri. accounts, police assault protesters as 2007 – Sharp rise in fuel prices sparks they try to continue their march. nationwide “Saffron Revolution” led by 2011 – Former General Thein Sein is Buddhist monks. In Sittwe alone, more sworn in as new president. than 10,000 demonstrate. Government forces use tear gas and arrest and beat June – Fighting erupts between demonstrators, including monks. Burma’s Army and the Kachin Independence Army; civilians are displaced and human rights abuses by the Burma Army are recorded.

October – General prisoner amnesty results in the release of some political prisoners.

Laws are passed permitting the formation of labor unions and holding of peaceful demonstrations.

Physicians for Human Rights 36 Endnotes

1. Rakhine State was formerly called “Arakan State” 7. Rakhine IDPs in Myanmar brace for monsoon rains, 13. Irish Centre for Human Rights, Crimes against by the Burmese government until the military junta IRIN, 24 Apr. 2013, http://www.irinnews.org/ Humanity in Western Burma: The Situation of the changed its name in 1989. Rakhine and Rohingya report/97915/rakhine-idps-in-myanmar-brace-for- Rohingyas 9 (2010), available at http://www.nuigal- nationalists still prefer to use “Arakan,” but this monsoon-rains; UN OCHA, Myanmar: Meikhtila in- way.ie/human_rights/documents/ichr_rohingya_re- report uses “Rakhine” to reflect common use of the ter-communal violence Situation Report No. 4, (9 Apr. port_2010.pdf. term. PHR uses the term “Burma” to show continued 2013), available at http://reliefweb.int/sites/reliefweb. 14. Moshe Yegar, supra note 11, at 101. support for the pro-democracy movement and ethnic int/files/resources/Sitrep_Meikhtila_inter-commu- 15. Thomas Fuller, Extremism Rises Among Myanmar nationalities that prefer the term. nal_violence_No-4_09_Apr_2013.pdf. Buddhists, New York Times, 20 Jun. 2013, http:// 2. In this report, the term “Rakhine” refers to Buddhist 8. Alternative ASEAN Network on Burma (ALTSEAN www.nytimes.com/2013/06/21/world/asia/extrem- people of Rakhine ethnicity, and “Rohingya” refers Burma), Anti-Muslim violence in Central Burma ism-rises-among-myanmar-buddhists-wary-of-mus- to Muslim people of Rohingya ethnicity. Because of (17 Apr. 2013), available at http://www.altsean. lim-minority.html?pagewanted=all&_r=0; Hannah marriage or personal preference, some Rakhines and org/Docs/PDF%20Format/Thematic%20Briefers/ Beech, The Face of Buddhist Terror, Time Magazine, Rohingyas may have converted to different religions. Anti-Muslim%20violence%20in%20Central%20 1 Jul. 2013, http://www.time.com/time/magazine/ However, in Western Burma, these cases are un- Burma.pdf; Shwe Aung, Police question alleged article/0,9171,2146000,00.html. common and—for the purposes of this report—we culprits involved in gold shop brawl, DVB, 9 Apr. 16. Aye Nai, Two more Burma towns under curfew as will assume Rohingyas are Muslim and Rakhines 2013, http://www.dvb.no/news/police-question- violence spreads, DVB, 28 Mar. 2013, http://www. are Buddhist unless otherwise noted. Similarly, the alleged-culprits-involved-in-gold-shop-brawl/27507; dvb.no/news/two-more-burma-towns-under-curfew- report uses the term “Burman” to describe the ma- Rachel Vandenbrink, Rights Group Seeks Probe as-violence-spreads/27257. jority Burman ethnicity, which is Buddhist. The term Over ‘Massacre’ in Meikhtila, RFA, 5 Apr. 2013, 17. Jason Szep, Special Report: Buddhist monks in- “Burmese” refers to anyone living in the country of http://www.rfa.org/english/news/myanmar/meikhti- cite Muslim killings in Myanmar, Reuters, 8 Apr. Burma. la-04052013191948.html/; Impunity Still Reigns in 2013, http://www.reuters.com/article/2013/04/08/ 3. AP, Burma declares emergency after sectarian riots, Burma, supra note 6, at 1. us-myanmar-violence-specialreport-idUS- France 24, 11 Jun. 2012, http://www.france24.com/ 9. The Ethnic National Studies Council Strategic Studies BRE9370AP20130408. en/20120611-burma-declares-state-emergency-af- Department, Discrimination, Conflict, and Corruption: 18. Id. ter-deadly-sectarian-clashes-rakhine-muslims-bud- The Ethnic States of Burma (2011), available at 19. Lawi Weng, Anti-Muslim Violence Tears Apart dhists. http://www.encburma.net/images/files/publications/ Communities Near Rangoon — Special Report, 4. Thomas Fuller, Ethnic Hatred Tears Apart a Region Discrimination-Conflict-and-Corruption-Report-1.pdf. Irrawaddy, 2 May 2013, http://www.irrawaddy.org/ in Myanmar, New York Times, 29 Nov. 2012, 10. Census data in Burma is frequently unreliable. The archives/33564. http://www.nytimes.com/2012/11/30/world/asia/ Burmese government says the country is about 90 20. Kyauk Khae, Anti-Islamic Leaflets are Distributing in muslims-face-expulsion-from-western-myanmar. percent Buddhist and 10 percent mix of Christian, Taunggyi, the capitol of Shan State and Surrounding html?pagewanted=all; The Rakhine State Conflicts Muslim, Hindu, and Animist. People and Society: Towns, M-Media, 24 May 2013, http://m-media- Investigation Commission released its report, The Burma, CIA World Factbook, https://www.cia. group.com/en/archives/7903. Republic of the Union of Myanmar President’s Office, gov/library/publications/the-world-factbook/geos/ 21. Sone Mhat, 969 Campaign in Mu Sae Results 29 Apr. 2013, http://www.president-office.gov.mm/ bm.html (last updated 15 Mar. 2013); Burma Ministry Lashio Anti-Muslim Riots, M-Media, 29 May 2013, en/briefing-room/news/2013/04/29/id-1960. of Health, Country Profile 4 (2013), available at http://m-mediagroup.com/en/archives/7929. 5. Jason Szep and Andrew R.C. Marshall, Special http://www.moh.gov.mm/file/Country%20Profile. 22. Extremism Rises among Myanmar Buddhists, supra Report: Witnesses tell of organized killings pdf; U.S. Department of State Bureau of Democracy, note 15. of Myanmar Muslims, Reuters, 11 Nov. 2012, Human Rights, and Labor, International Religious 23. Interview with key informant no. 15, in Mandalay http://www.reuters.com/article/2012/11/11/ Freedoms Report for 2011 (2011), available at http:// Division (24 Apr. 2013); Interview with key infor- us-myanmar-fighting-idUSBRE8AA0EO20121111. www.state.gov/j/drl/rls/irf/religiousfreedom/index. mant no. 16, in Mandalay Division (24 Apr. 2013); 6. Alternative ASEAN Network on Burma (ALTSEAN), htm?dlid=192615. Interview with key informant no. 53, in Rakhine State Impunity Still Reigns in Burma: Rohingya 11. Moshe Yegar, The Muslims of Burma (1972). (22 Mar. 2013). Persecuted, Muslims Targeted, Kachin Attacked 12. The CIA World Factbook reports the Muslim pop- 24. For more information on Burma’s history of dis- (22 May 2013), available at http://www.altsean. ulation as 4 percent. A report from the U.S. State crimination against minorities and the relationship org/Docs/PDF%20Format/Thematic%20Briefers/ Department puts the number at 10 percent. The between institutionalized discrimination and Burma’s Impunity%20still%20reigns%20in%20Burma%20 Burmese government says the country is about 90 political transition, see Discrimination, Conflict, and -%20Rohingya%20persecuted,%20Muslims%20 percent Buddhist and 10 percent mix of Christian, Corruption: The Ethnic States of Burma, supra note 9. targeted,%20Kachin%20attacked.pdf; Jared Muslim, Hindu, and Animist. People and Society: 25. Aung Zaw, Dangerous Days for Burma’s Age of Ferrie and Aung Hla Tun, Rioters renew violence Burma, supra note 10; Bureau of Democracy, Human Reforms, Irrawaddy, 25 Jun. 2013, http://www. in Myanmar’s Rakhine State, Reuters, 30 Jun. Rights, and Labor, supra note 10; Burma Ministry of irrawaddy.org/archives/38457. 2013, http://www.reuters.com/article/2013/07/01/ Health, supra note 10, at 4. 26. Assistance Association for Political Prisoners, us-myanmar-violence-idUSBRE96003I20130701. Torture, Political Prisoners and the UN-Rule of Law: Challenges to Peace, Security and Human Rights in Burma 4 (Oct. 2010), http://www.aappb.org/ Torture_political_prisoners_and_the_un-rule_of_ law.pdf; Lalit K. Jha, Election to Offer Little Change: UN Rapporteur, Irrawaddy, 19 Oct. 2010, http:// election.irrawaddy.org/news/530-election-to-offer- little-change-un-rapporteur.html.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Endnotes 37 continued from page 36

27. Irish Centre for Human Rights, supra note 13, at 12; 36. Theingi Htun and Kay Zin Oo, Over 1,000 Muslims 42. Burma unrest: Death sentences in Rakhine murder The Arakan Project, Issues to be raised concerning sheltering in Lashio monasteries, Mizzima case, BBC News, 18 Jun. 2012, http://www.bbc. the situation of stateless Rohingya children in News, 3 Jun. 2013, http://www.mizzima.com/ co.uk/news/world-asia-18497110. Myanmar (Burma) 1 (2012), available at http://www. index.php?option=com_content&view=ar- 43. International Crisis Group (ICG), Myanmar Conflict burmalibrary.org/docs12/AP-CRCMyanmar-12-01.pdf. ticle&id=9456:over-1-000-muslims-shelter- Alert: Preventing communal bloodshed and building 28. Irish Centre for Human Rights, supra note 13, at ing-in-lashio-monasteries&catid=4:myan- better relations, 12 Jun. 2012, available at: http:// 12; Tomá Ojea Quintana, Statement of the Special mar&Itemid=417; Than Naing Soe and Si Thu Lwin, www.unhcr.org/refworld/docid/4fd85cdd2.html. Rapporteur on the Situation of Human Rights in Five shops destroyed by mob in Mandalay, Myanmar 44. Id. Myanmar, U.N.I.C. Yangon, 16 Feb. 2013, http:// Times, 1 Jul. 2013, http://mmtimes.com/index.php/ 45. Martin Petty, Four killed as Rohingya Muslims riot unic.un.org/imucms/yangon/80/110/home.aspx; national-news/7308-five-shops-destroyed-by-mob- in Myanmar: government, Reuters, 8 Jun. 2012, Press Release, UN OHCHR, UN Human Rights in-mandalay.html. http://www.reuters.com/article/2012/06/08/ Experts Call on Myanmar to Address Discrimination 37. All Burma Monks’ Alliance, About the ABMA, http:// us-myanmar-violence-idUSBRE85714E20120608. Against Members of Muslim Minority in North allburmamonksalliance.org/ (last visited 8 Jul. 2013). 46. Id.; Soe Zeya Tun, Aye Win Myint, Aung Hla Tun, Rakhine State (2 Apr. 2007), http://www.unhchr. 38. Nyein Pyae Sone, At Rangoon Mosque, Buddhist and R.C. Marshall, Myanmar steps up security ch/huricane/huricane.nsf/0F0ED9448671A73E- Monks Accept Alms and Discuss Tolerance, after Muslim-Buddhist violence, Reuters, 9 Jun. 6C12572B100553470?opendocument. Irrawaddy, 4 Jul. 2013, http://www.irrawaddy. 2012, http://www.reuters.com/article/2012/06/09/ 29. Irish Centre for Human Rights, supra note 13, at 10; org/archives/39312; U.S. Campaign for Burma, us-myanmar-violence-idUSBRE8580AG20120609. Tomá Ojea Quintana, supra note 28; The Arakan Statement from Myanmar civil society organiza- 47. Press Release, Amnesty International, Abuse Against Project, Forced labour during the Arakan crisis: An tions and youth representatives of all religions on Myanmar’s Rohingya Erodes Recent Progress (19 Jul. overview of forced labour practices in North Arakan, religious and ethnic violence that has occurred 2012) http://www.amnestyusa.org/news/press-re- Burma June to August 2012 (31 Aug. 2012), available in Myanmar, 15 May 2013, http://uscampaign- leases/abuse-against-myanmar-s-rohingya-erodes- at http://www.burmalibrary.org/docs14/Arakan_ forburma.org/statements/3439-cso-joint-state- recent-progress. Project-FL-Arakan_crisis.pdf. ment-statement-from-myanmar-civil-society-or- 48. UN OHCHR, Advance Report of the Special 30. Tomá Ojea Quintana, supra note 28. ganizations-and-youth-representatives-of-all-reli- Rapporteur on the situation of human rights in 31. Id. gions-on-religious-and-ethnic-violence-that-has-oc- Myanmar, ¶58, A/HRC/22/58 (6 Mar. 2013), http:// 32. Past Burmese government abuses against Rohingya curred-in-myanmar.html. www.ohchr.org/Documents/HRBodies/HRCouncil/ are far too many to enumerate here; however, the 39. See generally Physicians for Human Rights, Bitter RegularSession/Session22/A.HRC.22.58_AUV.pdf. Irish Centre for Human Rights and Arakan Project Wounds and Lost Dreams: Human Rights Under 49. Ministry of Border Affairs, Incidents leading to have written excellent reports detailing the history of Assault in Karen State, Burma (Aug. 2012), available jeopardize peace and stability in Rakhine State (Aug. abuses against Rohingya. See Irish Centre for Human at https://s3.amazonaws.com/PHR_Reports/burma- 2012), available at http://www.metelaviv.co.il/News/ Rights, supra note 13, at 17; Issues to be raised con- karen-rpt-ltr-2012.pdf; Physicians for Human Rights, Rahaine.pdf. cerning the situation of stateless Rohingya children in Life Under the Junta: Evidence of Crimes Against 50. Ethnic cleansing in Myanmar: A bloody road to Myanmar (Burma), supra note 27, at 1; Forced labour Humanity in Burma’s Chin State (Jan. 2011), available apartheid, The Economist, 28 Oct. 2012, http:// during the Arakan crisis: An overview of forced at https://s3.amazonaws.com/PHR_Reports/life-un- www.economist.com/blogs/banyan/2012/10/ labour practices in North Arakan, Burma June to der-the-junta-burma-chin-state.pdf. ethnic-cleansing-myanmar. August 2012, supra note 29. 40. Robert Magnani, Review of sampling hard to reach 51. Burma: New Violence in Arakan State, Human 33. Interview with key informant no. 83, in Mandalay and hidden populations for HIV surveillance, 19 AIDS, Rights Watch, 27 Oct. 2012, http://www.hrw.org/ Division (27 Mar. 2013); Interview with key infor- S67–S72 (2005). news/2012/10/26/burma-new-violence-arakan-state. mant no. 84, in Mandalay Division (27 Mar. 2013); 41. Physicians for Human Rights, War-Related Sexual 52. Special Report: Witnesses tell of organized killings of Interview with key informant no. 85, in Mandalay Violence in Sierra Leone 1 (2002), available at https:// Myanmar Muslims, supra note 5. Division (27 Mar. 2013); Interview with key infor- s3.amazonaws.com/PHR_Reports/sierra-leone-sex- 53. Ei Ei Toe Lwin, Government detains more than 1000 mant no. 86, in Mandalay Division (27 Mar. 2013); ual-violence-2002.pdf; Physicians for Human Rights, in Rakhine State, The Myanmar Times, 14 Dec. 2012, Interview with key informant no. 15, supra note 23; Darfur – Assault on Survival 1 (2006), available at http://www.mmtimes.com/index.php/national- Interview with key informant no. 16, supra note 23. https://s3.amazonaws.com/PHR_Reports/darfur-as- news/3558-government-detains-more-than-1000-in- 34. Id. sault-on-survival.pdf; Jennifer Leaning, Diagnosing rakhine-state.html. 35. Swe Win, Kristallnacht in Myanmar, Genocide – The Case of Darfur, NEJM 351 735–738 54. Kate Hodal, Trapped inside Burma’s refugee New York Times, 29 Mar. 2013, http:// (Aug. 2004); Lynn L. Amowitz, Prevalence of War- camps, the Rohingya people call for recog- latitude.blogs.nytimes.com/2013/03/29/ Related Sexual Violence and other Human Rights nition, The Guardian, 20 Dec. 2012, http:// violence-against-muslims-in-meiktila-myanmar/. Abuses Among Internally Displaced Persons in Sierra www.guardian.co.uk/world/2012/dec/20/ Leone, JAMA 287 513–521 (Jan. 2002); Vincent burma-rohingya-muslim-refugee-camps. Iacopino, A Population-Based Assessment of Human 55. Hanna Hindstrom, Nearly 1,000 Muslim Rohingyas in- Rights Abuses Committed Against Ethnic Albanian carcerated in Arakan state, DVB, 11 Feb. 2013, http:// Refugees from Kosovo, AJPH 91 (Dec. 2001); Lynn www.dvb.no/uncategorized/nearly-1000-muslim-ro- L. Amowitz, Maternal Mortality in Herat Province hingyas-incarcerated-in-arakan-state/26305. Afghanistan, in 2002, JAMA 288 1284–1291 (Sep. 56. Id. 2002); Alexander C. Tsai, Medical Evidence of Human 57. Id. Rights Violations against Non-Arabic-Speaking Civilians in Darfur: A Cross-Sectional Study, PLOS Medicine 9 1–10 (Apr. 2012); Richard Sollom, Health and Human Rights in Chin State, Western Burma: A Population-Based Assessment Using Multistaged Household Cluster Sampling, PLOS Medicine 8 1–11 (Feb. 2011).

Physicians for Human Rights 38 Endnotes continued from page 37

58. Suspects arrested in connection with October 72. Meikhtila inter-communal violence Situation Report 81. Kyaw Phyo Tha, Seven Muslims Accused of Killing sectarian violence released in Arakan, Narinjara, 4 No. 4, supra note 7; Burmese Muslim Association, Monk Face Trial in Meikhtila, Irrawaddy, 23 Apr. Apr. 2013, http://www.narinjara.com/main/index. records of incidents of violence in Meikhtila and other 2013, http://www.irrawaddy.org/archives/32726. php/4-suspects-arrested-in-connection-with-octo- areas from 20 to 28 Mar. 2013, on file with PHR, 82. Aung Hla Tun and Jared Ferrie, Myanmar ber-sectarian-violence-released-in-arakan/. Association website http://www.b-m-a.org/. court jails Muslim shop owners after an- 59. Yadana Oo, Min Thein Aung, and Joshua Lipes, 500 73. Interview with key informant no. 16, supra note 23; ti-Muslim riots, Reuters, 12 Apr. 2013, http:// Jailed Over Communal Violence in Myanmar, RFA, 9 Interview with key informant no. 22, in Mandalay www.reuters.com/article/2013/04/12/ Jul. 2013, http://www.rfa.org/english/news/myanmar/ Division (27 Mar. 2013). us-myanmar-violence-idUSBRE93B0AJ20130412. jailed-07092013181409.html. 74. The number “786” in Islamic numerology rep- 83. Id. 60. UN OCHA, Myanmar: Displacement in Rakhine resents the Qur’anic phrase “bismillah ar-rahman 84. Myanmar jails 7 Muslims for up to 28 years for riots, State - Situation Report No.11 1 (2 Nov. 2012), avail- ar-rahim” (Trans. “In the name of God, the Most supra note 79. able at http://reliefweb.int/sites/reliefweb.int/files/ Compassionate, the Most Merciful”), which is also 85. AFP, Court jails two Buddhists for murders during resources/OCHA%20Situation%20Report%20on%20 known as the Basmala. Using the Abjad numeral Meikhtila riots, DVB, 8 Jul. 2013, http://www.dvb.no/ Rakhine%20Nr%20%202%20%20dated%202%20 system (a system which utilizes Arabic letters in news/court-jails-two-buddhists-for-murders-during- November%202012.pdf.; UN OCHA, Myanmar: place of numerals) to find the sum of the letters meikhtila-riots/29491. Displacement in Rakhine State - Situation Report used in the Basmala results in the number 786. 86. AP, 25 Buddhists get up to 15 years for roles in No. 7 1 (15 Aug. 2012), available at http://reliefweb. The number is commonly used among South Asian deadly Myanmar riot; 1 Muslim convicted gets life, int/sites/reliefweb.int/files/resources/OCHA%20 Muslims as an identifier. Alex Bookbinder, 969: Washington Post, 11 Jul. 2013, http://www.washing- Situation%20Report%207_Rakhine_FINAL.pdf. The Strange Numerological Basis for Burma’s tonpost.com/world/asia_pacific/light-jail-sentences- 61. Human Rights Watch, “All You Can Do Is Pray”: Religious Violence, The Atlantic, 9 Apr. 2013, for-buddhists-in-myanmar-islamic-school-massacre- Crimes Against Humanity and Ethnic Cleansing of http://www.theatlantic.com/international/ar- that-left-dozens-dead/2013/07/11/4214cf24-ea0a- Rohingya Muslims in Burma’s Arakan State 56 (Apr. chive/2013/04/969-the-strange-numerological-ba- 11e2-818e-aa29e855f3ab_story.html. 2013), available at http://www.hrw.org/sites/default/ sis-for-burmas-religious-violence/274816/. 87. AFP, Burma jails more than 20 Buddhists over reli- files/reports/burma0413webwcover_0.pdf. 75. Interview with key informant no. 16, supra note 23; gious violence, DVB, 12 Jul. 2013, http://www.dvb. 62. Burma’s Ministry of Border Affairs reported 59 Interview with key informant no. 81, in Mandalay no/news/burma-jails-more-than-20-buddhists-over- Rakhine deaths and 152 Rohingya deaths during Division (27 Mar. 2013); Interview with key informant religious-violence/29641. the period of violence stretching from June–October no. 82, in Mandalay Division (27 Mar. 2013). 88. Buddhists get up to 15 years for roles in deadly 2012. See “All You Can Do Is Pray,” supra note 61, 76. Interview with key informant no. 14, in Mandalay Myanmar riot; 1 Muslim convicted gets life, supra at 56. Division (23 Apr. 2013). note 86. 63. Aye Nai, Group says death toll in Arakan higher than 77. Interview with key informant no. 17, in Mandalay 89. Id. gov’t figures, DVB, 13 Nov. 2012, http://www.dvb.no/ Division (25 Apr. 2013). 90. Zarni Mann, Courts Sentence 4 to Prison Terms For news/group-says-death-toll-in-arakan-higher-than- 78. Physicians for Human Rights, Massacre in Central Meikhtila Violence, Irrawaddy, 12 Jul. 2013, http:// gov%E2%80%99t-figures/24723. Burma: Muslim Students Terrorized and Killed in www.irrawaddy.org/archives/39928. 64. Myanmar: Displacement in Rakhine State - Situation Meiktila (May 2013), https://s3.amazonaws.com/ 91. Buddhists get up to 15 years for roles in deadly Report No.11, supra note 60, at 1. PHR_Reports/Burma-Meiktila-Massacre-Report- Myanmar riot; 1 Muslim convicted gets life, supra 65. UN OCHA, Myanmar: Internal Displacement Snapshot May-2013.pdf note 86; AFP, Myanmar jails two Buddhists for riot - Rakhine (May 2013) available at http://reliefweb. 79. AFP, Myanmar jails 7 Muslims for up to 28 years murders: Official, Times of India, 8 Jul. 2013, http:// int/report/myanmar/myanmar-internal-displace- for riots, GlobalPost, 21 May 2013, http://www. timesofindia.indiatimes.com/world/rest-of-world/ ment-snapshot-rakhine-may-2013; UNHCR, Myanmar globalpost.com/dispatch/news/afp/130521/ Myanmar-jails-two-Buddhists-for-riot-murders- Situation External Update #1 1 (May 2013), available myanmar-jails-7-muslims-28-years-riots. Official/articleshow/20971271.cms; Courts Sentence 4 at http://www.unhcr.org/519ccbc29.html. 80. Press Release, Burma Ministry of Foreign Affairs, to Prison Terms For Meikhtila Violence, supra note 90. 66. Religious attack in Rangoon wreaks havoc on local Briefing by Union Minister for Foreign Affairs U 92. At Rangoon Mosque, Buddhist Monks Accept Alms community, DVB, 21 Feb. 2013, http://www.dvb. Wunna Maung Lwin to the diplomatic corps on and Discuss Tolerance, supra note 38; U.S. Campaign no/news/religious-attack-in-rangoon-wreaks-hav- recent incidents (3 Apr. 2013), http://www.mofa. for Burma, supra note 38. oc-on-local-community/26541. gov.mm/pressrelease/Briefing%20by%20Union%20 93. Interview with key informant no. 59, supra note 125; 67. Id. Minister%20for%20Foreign%20Affairs%20U%20 Interview with key informant no. 60, supra note 126. 68. Buddhist monks incite Muslim killings in Myanmar, Wunna%20Maung%20Lwin%20to%20the%20diplo- 94. Interview with key informant no. 64, supra note 128. supra note 17. matic%20corps%20on%20record%20incidents.pdf. 95. Interview with key informant no. 58, supra note 125. 69. Id; Kristallnacht in Myanmar, supra note 35. 96. Interview with key informant no. 81, supra note 75; 70. Buddhist monks incite Muslim killings in Myanmar, Interview with key informant no. 82, supra note 75. supra note 17; Kristallnacht in Myanmar, supra note 97. Charges against Arakanese nationalist ‘baseless’: 35. lawyer, DVB, 7 May 2013, http://www.dvb.no/news/ 71. Buddhist monks incite Muslim killings in Myanmar, politics-news/charges-against-arakanese-national- supra note 17. ist-baseless-lawyer/27981. 98. Aye Nai, Police round up alleged rioters in Pegu division, DVB, 10 Apr. 2013, http://www.dvb.no/ news/police-round-up-alleged-rioters-in-pegu-divi- sion/27553. 99. Id.

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Endnotes 39 continued from page 38

100. Aye Nai, Pegu police jail 10 villagers for breaking 118. Nand Mya Nadi, Man behind Lashio riots handed 26 133. Interview with key informant no. 53, supra note 23; curfew, DVB, 3 Apr. 2013, http://www.dvb.no/ year sentence, DVB, 12 Jun. 2013, http://www.dvb. Interview with key informant no. 64, in Rakhine State news/pegu-police-jail-10-villagers-for-breaking- no/news/man-behind-lashio-riots-handed-26-year- (24 Mar. 2013); Interview with key informant no. 05, curfew/27407. sentence/28765. in Mandalay Division (24 Apr. 2013). 101. Hanna Hindstrom, Muslim jailed for removing 119. Man Sentenced to 26 Years for Incident That Sparked 134. Interview with key informant no. 53, supra note 23; Buddhist logo from shop, DVB, 25 Apr. 2013, http:// Lashio Riots, supra note 111. Interview with key informant no. 64, supra note 128; www.dvb.no/news/muslim-jailed-for-removing-bud- 120. Zarni Mann, Anti-Muslim Violence Spreads to Town in Interview with key informant no. 05, supra note 128. dhist-logo-from-shop/27743. Central Burma, Irrawaddy, 30 May 2013, http://www. 135. Interview with key informant no. 58, supra note 125; 102. Jared Ferrie, Muslims in Myanmar barricade irrawaddy.org/archives/35984. Interview with key informant no. 61, supra note 125; village as attacks spread, Reuters, 3 May 2013, 121. Id. Interview with key informant no. 62, supra note 125; http://www.reuters.com/article/2013/05/03/ 122. Id. Interview with key informant no. 04, in Mandalay us-myanmar-violence-idUSBRE9420EZ20130503. 123. Id. Division (24 Apr. 2013). 103. Brennan O’Conner, Oakkan in pieces, DVB, 30 Apr. 124. Lawi Weng, Thandwe ‘Stable’ After Anti-Muslim 136. Interview with key informant no. 59, supra note 125; 2013, http://www.dvb.no/photos/28028/28028. Attack: Official, Irrawaddy, 1 Jul. 2013, http://www. Interview with key informant no. 60, supra note 126; 104. One killed in Burma Oakkan town religious violence, irrawaddy.org/archives/39006. Interview with key informant no. 67, in Rakhine State; BBC News, 1 May 2013, http://www.bbc.co.uk/news/ 125. Id. Interview with key informant no. 02, in Mandalay world-asia-22362992. 126. Aye Nai, Mob ignores curfew, sets fire to Muslim Division (28 Mar. 2013). 105. Lawi Weng, Muslims Fear for Their Lives as Flames home in Arakan state, DVB, 2 Jul. 2013, http://www. 137. Interview with key informant no. 58, supra note 125; Consume Burma Town Near Former Capital, dvb.no/news/mob-ignores-curfew-sets-fire-to-mus- Interview with key informant no. 61, supra note 125; Irrawaddy, 30 Apr. 2013, http://www.irrawaddy.org/ lim-home-in-arakan-state/29131. Interview with key informant no. 62, supra note 125; archives/33400. 127. Thandwe ‘Stable’ After Anti-Muslim Attack, supra Interview with key informant no. 59, supra note 125; 106. Muslims in Myanmar barricade village as attacks note 119. Interview with key informant no. 60, supra note 126; spread, supra note 97; Nay Myo Htun and Joshua 128. “Law enforcement officials shall at all times fulfill the Interview with key informant no. 57, supra note 125; Lipes, Curfew Called in Burma to Curb Spread of duty imposed upon them by law, by serving the com- Interview with key informant no. 64, supra note 128; Clashes, RFA, 2 May 2013, http://www.rfa.org/en- munity and by protecting all persons against illegal Interview with key informant no. 66, supra note 125; glish/news/myanmar/curfew-05022013165527.html. acts, consistent with the high degree of responsibility Interview with key informant no. 02, supra note 131. 107. Muslims in Myanmar barricade village as attacks required by their profession.” UN Code of Conduct 138. Interview with key informant no. 58, supra note 125; spread, supra note 97. for Law Enforcement Officials art. 1, U.N. Doc. Interview with key informant no. 65, supra note 125; 108. Woman responsible for the incident accused of A/34/46 (17 Dec. 1979); “Law enforcement officials Interview with key informant no. 66, supra note 125; sparking the Oakkan violence gets prison sentence, M shall respect the law and the present Code. They shall Interview with key informant no. 68, supra note 125; Media, 17 Jun. 2013, http://m-mediagroup.com/en/ also, to the best of their capability, prevent and rigor- Interview with key informant no. 80, in Rangoon (24 archives/7968. ously oppose any violations of them.” Id. at art. 8. Mar. 2013). 109. AFP, Police arrest two in new anti-Muslim unrest 129. Interview with key informant no. 53, supra note 23. 139. Interview with key informant no. 59, supra note 125. in Myanmar, GlobalPost, 4 May 2013, http:// 130. Interview with key informant no. 58, in Rakhine State 140. Interview with key informant no. 67, supra note 131. www.globalpost.com/dispatch/news/afp/130504/ (23 Mar. 2013); Interview with key informant no. 61, 141. Interview with key informant no. 09, in Rakhine State police-arrest-two-new-anti-muslim-unrest-myanmar. in Rakhine State (24 Mar. 2013); Interview with key (24 Mar. 2013). 110. Id. informant no. 62, in Rakhine State (24 Mar. 2013); 142. Interview with key informant no. 60, supra note 126. 111. Thomas Fuller, Myanmar Struggles to Put Down Interview with key informant no. 56, in Rakhine State 143. Interview with key informant no. 01, supra note 126; Buddhist Attack on Muslims, New York Times, 29 (23 Mar. 2013); Interview with key informant no. 65, Interview with key informant no. 03, supra note 126. May 2013, http://www.nytimes.com/2013/05/30/ in Rakhine State (24 Mar. 2013); Interview with key 144. Interview with key informant no. 58, supra note 125; world/asia/religious-violence-myanmar.html?_r=0. informant no. 57, in Rakhine State (23 Mar. 2013); Interview with key informant no. 61, supra note 125; 112. Nan Thiri Lwin, In Lashio, Displaced Families Return Interview with key informant no. 63, in Rakhine State Interview with key informant no. 62, supra note 125. Home, Irrawaddy, 4 Jun. 2013, http://www.irrawad- (24 Mar. 2013); Interview with key informant no. 66, 145. Interview with key informant no. 61, supra note 125; dy.org/archives/36453. in Rakhine State (24 Mar. 2013); Interview with key Interview with key informant no. 62, supra note 125. 113. Kyaw Phyo Tha, 1 Killed, 4 Injured As Sectarian informant no. 59, in Rakhine State (23 Mar. 2013); 146. Interview with key informant no. 58, supra note 125; Clashes Continue in Lashio, Irrawaddy, 29 May 2013, Interview with key informant no. 68, in Rakhine State Interview with key informant no. 61, supra note 125; http://www.irrawaddy.org/archives/35875. (24 Mar. 2013). Interview with key informant no. 62, supra note 125. 114. Myanmar Struggles to Put Down Buddhist Attack on 131. Interview with key informant no. 59, supra note 125; 147. Interview with key informant no. 58, supra note 125. Muslims, supra note 106. Interview with key informant no. 60, in Rakhine State 148. Id. 115. Lawi Weng, Fear Grips Lashio After Burma’s Latest (23 Mar. 2013); Interview with key informant no. 149. Id.; Interview with key informant no. 62, supra note Anti-Muslim Riots, Irrawaddy, 30 May 2013, http:// 01, in Mandalay Division (26 Mar. 2013); Interview 125. www.irrawaddy.org/archives/35991. with key informant no. 03, in Sagaing Division (28 150. Interview with key informant no. 62, supra note 125. 116. Lawi Weng, Man Sentenced to 26 Years for Incident Mar. 2013). 151. Interview with key informant no. 58, supra note 125. That Sparked Lashio Riots, Irrawaddy, 12 Jun. 2013, 132. Interview with key informant no. 58, supra note 125; 152. Massacre in Central Burma: Muslim Students http://www.irrawaddy.org/archives/37254. Interview with key informant no. 61, supra note 125; Terrorized and Killed in Meiktila, supra note 78, at 117. Burma Muslim jailed for petrol attack on Buddhist Interview with key informant no. 62, supra note 125; 19. woman, BBC News, 12 Jun. 2013, http://www.bbc. Interview with key informant no. 56, supra note 125; 153. Interview with key informant no. 14, supra note 76. co.uk/news/world-asia-22868003. Interview with key informant no. 65, supra note 125; 154. Id. Interview with key informant no. 57, supra note 125; Interview with key informant no. 63, supra note 125; Interview with key informant no. 66, supra note 125; Interview with key informant no. 59, supra note 125; Interview with key informant no. 68, supra note 125.

Physicians for Human Rights 40 Endnotes continued from page 39

155. Interview with key informant no. 22, supra note 73. 160. The United Nations defines arbitrary execution as 173. Burma has acceded to international human rights 156. Interview with key informant no. 81, supra note 75. the killing of a person perpetrated by an agent of treaties that guarantee the right to be free from being 157. KK, A Mosque and an Islamic School of Orphans the State or any other person acting under govern- forcibly displaced from one’s home. For example, the Torched: Eastern Burma, M-Media, 28 May 2013, ment authority or with its complicity, tolerance, or Convention on the Rights of the Child stipulates that http://m-mediagroup.com/en/archives/7918; AP, Anti- acquiescence, but without any or due judicial pro- “[n]o child shall be subjected to arbitrary or unlawful Muslim Violence Hits Lashio, Mosque, Shops Burned, cess. Arbitrary executions (to be distinguished from interference with his or her privacy, family, [or] Irrawaddy, 29 May 2013, http://www.irrawaddy.org/ executions after a fair trial) often are killings under home. . . .” UN Convention on the Rights of the Child archives/35705; Sectarian Violence Erupts in Myanmar, suspicious circumstances with the following charac- art. 16 (1), 20 Nov. 1989, 1577 U.N.T.S. 3 (acceded Al Jazeera, 29 May 2013, http://www.aljazeera.com/ teristics: 1) The death occurred when the victim was 15 Jul. 1991). “The child has the right to the protec- news/asia-pacific/2013/05/201352952410553862. in the hands of law enforcement officials (e.g., police tion of the law against such interference or attacks.” html; Myanmar Struggles to Put Down Buddhist custody), or other state authorities. 2) An official Id. at art. 16(2). The Government is also legally Attack on Muslims, supra note 106. inquiry following the death (e.g., autopsy or medical bound to “accord men and women the same rights 158. UN Code of Conduct for Law Enforcement Officials, report) did not occur. UN OHCHR, Training Manual with regard to the law relating to the movement of supra note 123, at art. 1. on Human Rights Monitoring, Professional Training persons and the freedom to choose their residence 159. Lawyers Network and Justice Trust, Submission of Series No.7 43–44 (2001), http://www.ohchr.org/ and domicile.” UN Convention on the Elimination Evidence to Myanmar Government’s Letpadaung Documents/Publications/training7part24en.pdf. of All Forms of Discrimination against Women, art. Investigation Commission 15 (28 Jan. 2013), 161. Interview with key informant no. 58, supra note 125. 15(4), 18 Dec. 1979, 1249 U.N.T.S. 13 (acceded 16 available at http://www.humanrights.asia/news/ 162. Interview with key informant no. 08, in Rakhine State May 1989). In addition, all States “shall respect and press-releases/pdf/2013/AHRC-PRL-007-2013. (24 Mar. 2013). ensure respect for their obligations under internation- pdf/view?searchterm=letpadaung; Thomas Fuller, 163. Id. al law, including human rights and humanitarian law, Myanmar Troops Used Phosphorous on Protestors, 164. Id. in all circumstances, so as to prevent and avoid con- Lawyers Say, New York Times, 31 Jan. 2013, http:// 165. Id. ditions that might lead to displacement of persons.” www.nytimes.com/2013/01/31/world/asia/myanmar- 166. Interview with key informant no. 57, supra note 125. Guiding Principles on Internal Displacement, Principle troops-used-phosphorus-on-protesters-lawyers-say. 167. Interview with key informant no. 66, supra note 125. 5, U.N. Doc. E/CN.4/1998/53/Add.2 (1998), noted in html?_r=0; Letpadaung Farmers Beaten, Shot at 168. Interview with key informant no. 60, supra note 126. Comm. Hum. Rts. res. 1998/50. for Plowing Fields, Irrawaddy, 25 Apr. 2013, http:// 169. Interview with key informant no. 68, supra note 125. 174. Brookings-Bern Project on Internal Displacement, www.irrawaddy.org/archives/32995; Hundreds 170. Jethro Mullen, Myanmar police fire rubber bullets at Protecting Internally Displaced Persons: A Manual Protest Pipeline in Burma’s Rakhine State, RFA, 18 police, CNN News, 28 Mar. 2013, http://www.cnn. for Law and Policymakers 66-67 (Oct. 2008), avail- Apr. 2013, http://www.rfa.org/english/news/burma/ com/2013/03/27/world/asia/myanmar-unrest. able at http://www.refworld.org/docid/4900944a2. pipeline-04182013175129.html; Ten to Face Charges 171. “Law enforcement officials may use force only when html; UN High Commissioner for Refugees, UNHCR’s of Organizing Illegal Protest of Shwe Gas Project, strictly necessary and to the extent required for the Operational Experience With Internally Displaced Irrawaddy, 24 Apr. 2013, http://www.irrawaddy.org/ performance of their duty. (a)This provision empha- Persons 56-57 (Sep. 1994), available at http://www. archives/32835; Riot police attack, arrest protestors, sizes that the use of force by law enforcement offi- refworld.org/docid/3ae6b3400.html; see generally DVB, 24 May 2012, http://www.dvb.no/news/riot-po- cials should be exceptional; while it implies that law Report of the Special Rapporteur on the human rights lice-attack-arrest-protestors/22150; Myanmar activists enforcement officials may be authorized to use force of internally displaced persons, Chaloka Beyani, U.N. arrested in eve of crackdown anniversary, Reuters, 7 as is reasonably necessary under the circumstances Doc. A/HRC/23/44 (18 Mar. 2013), http://daccess- Jul. 2013, http://www.reuters.com/article/2012/07/07/ for the prevention of crime or in effecting or assisting dds-ny.un.org/doc/UNDOC/GEN/G13/121/12/PDF/ us-myanmar-arrests-idUSBRE86605B20120707; in the lawful arrest of offenders or suspected offend- G1312112.pdf?OpenElement. Arrested student activists freed, Mizzima, 9 ers, no force going beyond that may be used...(c) The 175. Interview with key informant no. 64, supra note 128; Jul.2013, http://www.mizzima.com/news/prison- use of firearms is considered an extreme measure. Interview with key informant no. 01, supra note 126; er-watch/7475-arrested-student-activists-freed.html; Every effort should be made to exclude the use of Interview with key informant no. 05, supra note 128. Violent Raid Breaks Up Myanmar Mine Protest, Shwe firearms,” UN Code of Conduct for Law Enforcement 176. The BBC refers to Rohingya refugees as “inmates” Gas Movement, 22 Dec. 2012, http://www.shwe. Officials,supra note 123, at art. 3. in Rakhine camps, “barred from traveling freely.” org/violent-raid-breaks-up-myanmar-mine-protest/; 172. “Law enforcement officials shall not use firearms Jonathan Head, The unending plight of Burma’s un- TSYO, Pipeline Nightmare: Shwe Gas fuels civil war against persons except in self-defense or defense wanted Rohingyas, BBC News, 30 Jun. 2013, http:// and human rights abuses in Ta’ang community in of others against the imminent threat of death or www.bbc.co.uk/news/world-asia-23077537. northern Burma (2012), http://www.burmalibrary. serious injury, to prevent the perpetration of a partic- 177. Interview with key informant no. 10, in Mandalay org/docs14/Pipeline_Nightmare-en-red.pdf. ularly serious crime involving grave threat to life, to Division (25 Apr. 2013). arrest a person presenting such a danger and resist- 178. “Everyone has the right to freedom of movement and ing their authority, or to prevent his or her escape, residence within the borders of each state.” Universal and only when less extreme means are insufficient Declaration of Human Rights, art. 13, G.A. res. 217A to achieve these objectives. In any event, intentional (III), U.N. Doc A/810 (1948); “Everyone lawfully lethal use of firearms may only be made when strictly within the territory of a State shall, within that territo- unavoidable in order to protect life.” Basic Principles ry, have the right to liberty of movement and freedom on the Use of Force and Firearms by Law Enforcement to choose his residence.” International Covenant on Officials, art. 9 U.N. Doc. A/CONF.144/28/Rev.1 (18 Civil and Political Rights, art.12, G.A. res. 2200A Dec. 1990). (XXI), U.N. Doc. A/6316 (16 Dec. 1966).

Patterns of Anti-Muslim Violence in Burma: A Call for Accountability and Prevention Endnotes 41 continued from page 40

179. Numerous other human rights organizations and 195. Interviews with key informants no. 83–86, in media outlets have documented restrictions on free- Mandalay Division (27 Mar. 2013). dom of movement of Rohingya civilians in Rakhine 196. Press Release, UN OCHA, Situation remains bleak State and of Muslims more broadly throughout one year on for 140,000 people displaced in Rakhine Burma. See Human Rights Watch, The Government State by inter-communal violence (17 Jun. 2013), Could Have Stopped This: Sectarian Violence and http://reliefweb.int/sites/reliefweb.int/files/resources/ Ensuing Abuses in Burma’s Arakan State 40, 41, 42 Rakhine%20one%20year%20press%20release.pdf. (Jul. 2012), available at http://www.hrw.org/sites/ 197. UN Country Team in Myanmar, Inter-Agency default/files/reports/burma0812webwcover_0.pdf; Preparedness/Contingency Plan - Rakhine State, Refugees International, Rohingya in Burma: Spotlight Myanmar 10 (Mar. 2013), available at http://relief- on Current Crisis Offers Opportunity for Progress web.int/sites/reliefweb.int/files/resources/Ref%20 (30 Oct. 2012), http://www.refintl.org/sites/default/ Doc_Rakhine_Inter-Agency_Contingency%20 files/103012_Rohingya_In_Burma%20letterhead. Plan_5_April_2013.pdf. pdf; Trapped inside Burma’s refugee camps, the 198. Vivian Tan, Race for roofs as rains start in Myanmar’s Rohingya people call for recognition, supra note 54; Rakhine state, UNHCR News, 3 Jun. 2013, http:// Buddhist monks incite Muslim killings in Myanmar, www.unhcr.org/51acad449.html. supra note 17; Ma Kyi, displaced by Myanmar vio- 199. Id. lence: “Everything was on Fire,” IRIN News, 25 Mar. 200. Flood misery looms for IDPs in Myanmar’s Rakhine 2013, http://www.irinnews.org/Report/97722/Ma- State, IRIN, 29 May 2013, http://www.irinnews.org/ Kyi-displaced-by-Myanmar-violence-Everything-was- report/98110/flood-misery-looms-for-idps-in-myan- on-fire; Burma Campaign UK, Burma Briefing No. 19 mar-s-rakhine-state. (25 Mar. 2013), http://www.burmacampaign.org. 201. Situation remains bleak one year on, supra note 191. uk/images/uploads/An_international_task_force_ 202. AFP, After Cyclone Mahasen, Myanmar camps face is_needed_to_help_tackle_growing_religious_vio- monsoon threat, New Straits Times, 20 May 2013, lence_in_Burma.pdf. http://www.nst.com.my/latest/after-cyclone-myan- 180. Interview with key informant no. 58, supra note 125. mar-camps-face-monsoon-threat-1.282569. 181. Id. 203. Interview with key informant no. 60, supra note 126. 182. OHCHR, Myanmar/Rakhine Commission: “Positive 204. Interview with key informant no. 61, supra note 125. starting point but Government must address impu- 205. Interview with key informant no. 67, supra note 131. nity” – UN Expert, 1 May 2013, available at http:// 206. Interview with key informant no. 68, supra note 125. www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. aspx?NewsID=13280&LangID=E. 183. Interview with key informant no. 53, supra note 23. 184. Interview with key informant no. 78, in Rakhine State (22 Mar. 2013); Interview with key informant no. 79, in Rakhine State (22 Mar. 2013). 185. Interview with key informant no. 53, supra note 23. 186. Interview with key informant no. 56, supra note 125; Interview with key informant no. 57, supra note 125; Interview with key informant no. 58, supra note 125; Interview with key informant no. 61, supra note 125; Interview with key informant no. 62, supra note 125; Interview with key informant no. 63, supra note 125; Interview with key informant no. 64, supra note 128; Interview with key informant no. 65, supra note 125; Interview with key informant no. 66, supra note 125. 187. Interview with key informant no. 60, supra note 126. 188. Interview with key informant no. 57, supra note 125. 189. Interview with key informant no. 56, supra note 125. 190. Interviews with key informants no. 69-77, in Rakhine State (24 Mar. 2013). 191. Id. 192. Interview with key informant no. 80, supra note 133. 193. Interviews with key informants no. 69–77, supra note 185. 194. Interview with key informant no. 53, supra note 23; Interview with key informant no. 79, supra note 179.

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