Critical Reflection

Following the Roundtable jointly organized by swisspeace/KOFF and the Federal Department of Foreign Affairs of June 17, 2013 on

Presentation of the Report of the Inquiry Commission on the Sectarian Violence in Rakhine State

Sabina A. Stein*, Center for Security Studies, ETH Zurich

August 2013

INTRODUCTION Swiss Federal Department of Foreign Affairs (FDFA) invited Professor Kyaw Yin Hlaing of the th On August 17 2012 Myanmar’s President Thein Myanmar Peace Center (MPC) and former Sein established an investigative commission to Secretary of the Inquiry Commission to present inquire into the causes, nature and possible the key findings and recommendations of the responses to the communal violence that rocked Commission’s report. In a roundtable that brought the country’s northwestern Rakhine State in June together representatives of Swiss-based th and October 2012. Half a year later, on the 8 of governmental and civil society organizations, April 2013, the Inquiry Commission on the Professor Kyaw Yin Hlaing (on telephone from Sectarian Violence in Rakhine State released its Myanmar) described the process through which findings and recommendations in a publicly- the Commission was set up, the way in which it 1 available report. carried out its investigation, and the recommendations it presented to President Thein Despite the considerable attention that the Sein’s cabinet. Professor Kyaw Yin Hlaing’s international community has been directing presentation was followed by an open discussion towards the violence in Rakhine State, the session as well as by comments from Ms. Commission’s report received scant coverage in Claudine Haenni Dale, the Swiss FDFA’s Human Western media. Partly in response to this Security Advisor based in Myanmar. th oversight, on June 17 2013 swisspeace and the Although the report has been criticized by several *Sabina A. Stein is a program officer with the Mediation human rights organizations for misrepresenting Support Team at the Center for Security Studies, ETH the situation in Rakhine State2, the Swiss FDFA Zurich. She focuses on religious and cultural dimensions of conflicts. swisspeace and CSS/ETH Zurich closely collaborate on mediation related activities. 2 See, for example, Amnesty International Statement, April 1 The original report was available in Burmese. An English 30, 2013, accessed at: translation of the Executive Summary was made public on http://www.amnesty.org/en/news/myanmar-government- the 29th of April 2013. An English version of the report was report-will-not-stop-cycle-buddhist-muslim-violence-2013- released in July 2013. 04-30

and swisspeace considered it important to THE RAKHINE COMMISSION OF provide a space in which to discuss the INQUIRY: A FIRST FOR MYANMAR Commission’s work, the report’s findings as well as the concerns they have raised. Despite its flaws – many of which were openly discussed at Since 2010 Myanmar has set out on a the session – the Commission and its report multipronged effort to reform its political and represent the first of their kind in a country which, economic systems. Opening up politics after sixty until recently, was amongst the most secretive years of military rule, breathing life into a decrepit and opaque in the world. The Commission thus economy all while seeking to navigate multiple represents a new effort from the Naypyidaw peace processes to end the country’s long- government in terms of transparency, a running armed ethnic conflicts represents a development which itself deserves attention from colossal task for President ’s those seeking to support an inclusive and government. It also entails major transformations democratic transition in Myanmar. Moreover, as for Myanmar’s society. Since June 2012, actors committed to dialogue and conflict however, another alarming challenge has come resolution, swisspeace and the Swiss FDFA to threaten the fragile transition processes, as consider it necessary to have as wide and varied what started as communal violence between a discussion as possible in order to nourish the Rakhine and Rohingya communities in the analysis of the still precarious situation in northwestern state of Rakhine has spread across Rakhine State. Understanding the perspectives the country, evolving into a growing Buddhist- of pivotal players and constituencies remains an Muslim confrontation. Violence has flared up in essential part of sound conflict analysis. the central region of Mandalay and northern . Most recently, violent incidents have Thus, without taking a position on the validity of even been reported in cosmopolitan Yangon, the the report’s findings and remaining conscious of commercial hub of Myanmar. the fact that this report was written in a manner conducive to government buy-in for the Without doubt, the most severe violence occurred implementation of its recommendations, this in Rakhine State in June and October 2012. With commentary seeks to document some of the key several hundreds dead and over one-hundred points and discussions raised at the roundtable.3 thousand displaced, the only factors keeping The first section provides background information further violence at bay seem to be the strict on the process through which the Commission implementation of martial law and the physical was established and the ways through which it segregation of the two most-affected carried out its mandate. Following that, the communities: Muslim Rohingya and Buddhist Commission’s findings pertaining to the root ethnic Rakhines. causes behind the 2012 violence are discussed before taking a closer look at the key Events in Rakhine have also drawn much recommendations it puts forth to deal with the international attention, with the plight of the volatile situation in Rakhine State. Based on the stateless Rohingya minority – prime victims of the roundtable discussion, the commentary ends with violence – having become a key cause for a reflection on the strengths and weaknesses of concern for international governmental and the report as well as on the opportunities and nongovernmental organizations. challenges the Commission and its report now face. In response to these developments, the Rakhine Commission of Inquiry was established on

August 17th 2012 under a Presidential Executive Order. Its key mandate was to investigate the root causes of communal violence in Rakhine State and to recommend measures to prevent further violence and promote communal harmony. Specifically, the Commission was tasked to examine the following eight areas: a) 3 The views expressed in this paper do not necessarily investigate the root causes that led to the represent the opinion of the Swiss government, swisspeace or the CSS/ETH Zurich. disturbances of peace and security; b) verify the

2 extent of loss of life, property and other collateral favor of Rohingya. The Commission also damage; c) examine the effort to restore peace reported at times needing the intervention of and promote law and order; d) outline means to Muslim or Rohingya leaders from outside of provide relief and implement resettlement Rakhine in order to be able to interview Rohingya programmes; e) develop short- and long-term of their choice in Rakhine. strategies to reconcile differences; f) establish mutual understanding and promote peaceful The final report was handed to President Thein coexistence between various religious and ethnic Sein on the 8th of April 2013 and made public on groups; g) advise on the promotion of the rule of the 29th of April 2013. Publication was withheld law; h) advise on the promotion of social and until after the Buddhist New Year given concerns economic development.4 that the report could negatively stir up emotions among certain sections of the population. This The 27-member Commission was composed of notwithstanding, President Thein Sein welcomed prominent historians, social scientists, legal the report and, on the 23rd of March 2013, experts, religious and civil society leaders and established the Central Committee for businessmen. The commissioners thus Implementation of Stability and Development in represented a broad section of society. Leaders Rakhine State (CCISD). The CCISD is headed by of Muslim communities were also included in the Vice-President Sai Mauk Kham and has been Commission although none among them were tasked with implementing the report’s Rohingya representatives. recommendations.

The Commission drafted its report after carrying MAKING SENSE OF THE VIOLENCE: out extensive survey and archival research on Rakhine State. Commissioners and their THE COMMISSION’S ANALYSIS research support teams conducted fieldwork during 10 visits to 11 affected townships in Rakhine State has an estimated population of Rakhine. On those fieldtrips, the teams collected 3.83 million comprising several ethnic and reports and information from a wide range of religious groups. The two largest groups are the people, including civil servants, religious and civil ethnic Rakhine – at approximately 60% of the society leaders, business owners and the public. population – and the Rohingya, comprising The teams also conducted focus groups roughly 40% of the population. Conflict between discussions and interviews. Altogether, the these two groups has been at the heart of the Commission was able to conduct 2,000 violence in Rakhine State, although other, interviews, 1,200 with Buddhist Rakhines and smaller communities have also been affected. 800 with Rohingya (or what the report terms as According to the Commission report, in order to “Bengalis”5). Data collection was carried out understand today’s violence we need to look at under challenging conditions, namely because of both the history of Rakhine-Rohingya relations intercommunity tensions and ongoing violence, and at new political dynamics unleashed by the language obstacles and difficult access to opening up of political and public space in remotely-located communities. In particular, Myanmar. mistrust and resentment among both groups interviewed rendered the Commission’s work The Commission report argues that mistrust and difficult. Rakhine interviewees saw the violence between the majority Rakhine and the Commission as being, from the outset, biased in minority Rohingya have deep historical roots. The report points to the colonial origins of these tensions as British land and economic policies 4 Inquiry Commission on the Sectarian Violence in Rakhine introduced in the 19th century changed the State: Final Report, Yangon, 29 April 2012, p.12 5 Note that the terminology used to refer to the Rohingya is demographic and economic relations in the State. politically charged in Myanmar. The term “Rohingya” is From this period onwards, large numbers of rejected by ethnic Rakhines and the central state as it is South Asian laborers and entrepreneurs began associated with granting official or “Taing-Yin-Tha” minority status to this community. The term “Bengali” is instead settling in Rakhine including, the report used as it fits into a narrative in which Rohingya are maintains, populations today comprising (illegal) immigrants from the Bengal region in today’s Bangladesh, and would qualify as “Bengali-Myanmar” Rohingya communities. The rapid population citizens similarly to “Chinese-Myanmar”, “Indian-Myanmar” growth of what Rakhines still consider foreign/ and “Nepali-Myanmar” citizens.

3 immigrant communities, perceived large Against this troubled backdrop, the report differences in terms of social norms, traditions identifies Myanmar’s recent political opening as a and religion as well as the economic success of a second key factor for understanding the June and few Rohingya entrepreneurs fuelled inter- October 2012 violence. With the opening of communal resentment among the Rakhine political space, local political and community majority. These sentiments were compounded by leaders have been able to stir up community the high population density of Rakhine State and grievances for their own political advantage. The associated competition over land. report in particular examines the role of the Rakhine Nationalities Development Party (RNDP) Tensions came to a head during the tumult of – the largest party in the Rakhine State World War II. In 1942 widespread communal parliament – in mobilizing Rakhine constituencies violence between Rakhine and Rohingya resulted through anti-Rohingya and anti-Muslim in heavy losses for both communities. Many discourses. This was especially prominent during people were also forced to leave their homes and and after the Myanmar 2010 general elections. settle in other parts of the state. The most serious The report, however, also flags the response of massacres took place in Northern Rakhine where Muslim leaders (many of whom it claims are not relations remain the worst to this day. The report Rohingya) in calling upon Rohingya to act against goes on to explain how contending narratives the Rakhine. Such inflammatory discourses have and collective traumas of the 1942 violence have stoked up grievances and fears leading to been passed down from generation to violence across the region. Whereas in the past generation, socializing new generations of the military state intervened before communal Rakhine and Rohingya into hating each other. rioting could break out, new political freedoms as Mutual distrust and animosity have in turn bred well as the state’s unwillingness to intervene and been deepened by segregated living: beyond heavy-handedly have left self-interested political some interaction in the market place, there are elites free to exploit local fears. few instances of social exchange between the two communities. Such segregation has allowed Adding to these two, core explanatory factors – historical animosities and prejudices to endure historical animosity and political liberalization – well after the colonial period. the report also draws attention to the economic underdevelopment of Rakhine State. The State’s Between the 1950s and 1970s communal peripheral location, its lack of infrastructure (and violence was relatively low. Short-lived, consequent remoteness of certain localities, unsuccessful episodes of armed Rohingya especially in the north of the State) and the lack rebellion during this period primarily served to of economic opportunities to guarantee propagate the belief – still widespread among sustainable livelihoods have all aggravated Rakhines today – that Rohingya seek a separate, tensions between communities. The report Islamic state in Northern Rakhine and that they places special emphasis on the low educational do so with the support of extremist groups in levels of the local population, pointing to findings Pakistan, Bangladesh and elsewhere. on the predominantly low educational background of individuals most often involved in Since the 1970s tensions have been escalating. acts of violence. Such individuals, the report Rakhine perceptions of rapid Rohingya concludes, are more easily swayed by population growth (purportedly due to high birth opportunistic and extremist political rhetoric. rates and illegal immigration) and of increasing Rohingya (informal) acquisition of land are KEY RECOMMENDATIONS: identified in the report as some of the key factors behind deteriorating relations. Anxieties over MOVING BEYOND MARTIAL LAW Rohingya expansionism have been exacerbated by what is perceived as growing Rohingya Based on its analysis of the key factors behind assertiveness in promoting their identity and the 2012 violence and, in particular, what it rights. In particular, Rohingya demands to be identifies as the fears and concerns of afflicted granted the status of Tang-Yin-Tha – an officially communities, the Commission report puts forth a recognized indigenous group of Myanmar – have list of recommendations to both address the generated anger in Rakhine State and beyond. current situation in Rakhine State and prevent

4 future outbreaks of violence. The When it comes to the humanitarian situation, the recommendations are grouped into four main report’s recommendations seek to address clusters relating to security and the rule of law, overcrowding, access to safe shelter, clean water economic development, humanitarian needs and and sanitation as well as schooling in the IDP community reconciliation. Recommendations camps where hundreds of thousands of related to the media – a key catalyzer in violence Rohingya have sought refuge from the violence. escalation – are also put forth. In addition to longer-term recommendations on Much emphasis is placed on the need to enforce economic development and sustainable the rule of law through security-sector, livelihoods, the Commission stresses the need administrative and educational reform. On the for concerted efforts towards community security front, the Commission urges the reconciliation. It calls for the active involvement of government to maintain a strong military community and religious leaders from both presence in the region (calling for a doubling of communities, for the establishment of dialogue forces) for the next six to twelve months. Given platforms and for the development of joint- ongoing tensions, the likelihood of fresh clashes educational programs targeting youth in order to remains high. Moreover, the report considers that build bridges across the younger generations. the more ethnically-neutral Tatmadaw (Myanmar The report notes the psychological damage Armed Forces) is better placed to maintain law caused by the recent violence on children, and order than the Rakhine-dominated local flagging as a priority the treatment of trauma so security forces. Further security-related as to inhibit the development of further hatred recommendations include the strengthening of and fear. To deal with these challenging yet the military’s capacities in the region, not least to indispensable recommendations, the better secure the border with Bangladesh from Commission calls for the establishment of a Task where many Rohingya are said to illegally Force composed of moderate leaders from both immigrate. This last recommendation highlights communities. It also calls for the establishment of the delicate security dynamics with Bangladesh, a Truth Finding Commission to further investigate which have equally influenced the capital’s the root causes of the community violence. response to violence in Rakhine State. The report also calls for the reform of local security forces Finally, the Commission also indirectly makes including the NaSaKa border security force, a recommendations to international organizations significant recommendation considering the large and NGOs working in Rakhine state. The report number of Rohingya allegations of human rights flags the widespread, negative view held by violations committed by the NaSaKa. many ethnic Rakhines of the international community, seen as discriminating against Human rights training for local security forces is Rakhines in the distribution of aid and the also part of the Commission’s calls for greater recruitment of local staff. This perception has respect of human rights, including those of the further inflamed tensions and rendered hundreds of thousands of Rohingya still humanitarian work difficult. The report thus considered “illegal immigrants” and thus lacking suggests that international governmental and citizenship. In parallel, existing discriminatory non-governmental organizations should try to policies and practices – which the Commission guarantee that as broad a section of the local significantly points out not only affect stateless population views their operations as impartial, Rohingya but also several citizens of South Asian independently of whether these operations are descent – are to be eliminated, with the counter- indeed impartial or justifiably according productive effects of family restrictions imposed differentiated attention based on need. on Rohingya being particularly criticized. The report also encourages the government to ROUNDTABLE DISCUSSION: urgently review its citizenship policies as applied in Rakhine State, recommending it expedite A STEP IN THE RIGHT DIRECTION? citizenship granting to those Rohingya who “qualify” for citizenship. The report does not, With the Commission’s core findings and however, call for a review of the restrictive 1982 recommendations as background, this last Citizenship Law. section seeks to summarize the discussion that

5 took place among participants at the Swiss impossible, but to ask for what was, for now, FDFA/ swisspeace roundtable. Roundtable possible to achieve. participants discussed the strengths and weaknesses of the report as well as the potential opportunities and challenges contained within the STRENGTHS Commission’s work. There where relevant, this section also brings in other international In light of these constraints, the following responses to the Commission’s report in order to strengths of the report’s content were discussed complement the points raised at the roundtable at the roundtable. First, the report’s efforts to discussion. document the perceptions, fears and anxieties of violence-afflicted populations were seen as a As argued at the roundtable, when discussing the valuable contribution. To many, the report seems merits and flaws of the report, it should be kept in to focus more pronouncedly on Rakhine fears mind that the Commission remains an official despite the fact that Rohingya were the prime entity established by Presidential decree, thus victims of the recent and ongoing violence. implying certain constraints. Even though, as it Nevertheless, understanding the real and was flagged at the roundtable, the Commission imagined concerns of certain segments of the was given full independence to act according to Rakhine population as well as the discourses its mandate, and notwithstanding the unexpected used to violently mobilize populations is crucial choice of Commission members, which included for the basic conflict analysis, if sustainable civil society representatives, outspoken critics of formulas for peaceful coexistence are to be the government and several Muslim leaders6, the found. Some political actors are able to exploit a margin of maneuver that such a Commission historical Rakhine sense of victimhood and could have (be it in Myanmar or in other, vulnerability tied to fears of Rohingya comparable contexts) carried some limitations. expansionism (demographic, cultural/religious and economic). Addressing and transforming Many of these limitations where tied to the fact such perceptions will be a fundamental step that the current government is not monolithic; not towards overcoming violence. Another, related all state actors are in favor of reforms in Rakhine strength of the report is its recognition of the role State nor consider interventions to safeguard the of nationalist Rakhine parties and leaders in life and rights of Rohingya desirable. The fomenting violence for their own narrow political Commission consequently had to tread a fine line interests. Although this could be read as an and engage in delicate balancing acts in order to attempt to apportion blame away from the central put forth potentially high-impact government, it is nevertheless significant that recommendations without crossing the ethnic Rakhines are identified as partly boundaries of the socially and politically responsible for violence in the State. acceptable. Advancing analyses and recommendations that could upset influential The recognition, albeit weak, of the detrimental members of state and society would have impacts of discriminatory regimes imposed on ultimately been counterproductive. The fact that Rohingya is also noteworthy. In particular, the report’s release was postponed until after the several of the report’s recommendations call for Buddhist New Year due to fears of inflaming the overhaul of discriminatory policies and passions is itself indicative of the considerations practices, especially those relating to Rohingya Commission members had to take into account economic activity, travel and decisions related to when drafting the report. At the end of the day, marriage and family planning. The report in the government may have felt it could not be addition recognizes that such regimes have not seen as supporting the Rohingya. A key question only impacted non-citizens, but citizens of South- facing the commissioners was therefore how to Asian-descent more generally. The question of write a report that could achieve maximum family planning, with Rohingya families in several impact under the present circumstances. The Rakhine State townships being restricted to a 2- strategy adopted was not to ask for the child ceiling by local authorities, has been particularly controversial. The Commission addresses such policies head-on, explicitly recommending against the imposition of any 6 Though none from the Rohingya community. mandatory measures or restrictions on Rohingya

6 families. Along with non-discrimination, the report concern at the report’s failure to identify decades encourages the government to review the of systemic, government-led and government- implementation of its citizenship policies and to sanctioned discrimination against the Rohingya expedite the citizenship process for those as one of the key causes behind the violence in “Bengalis” who qualify for citizenship. Only as Rakhine State. equal citizens, the report argues, can members of Rakhine State’s different communities live These concerns echo some of the more serious peacefully side by side. These recommendations, critiques raised by human rights advocacy groups reinforced by calls to respect the human rights of such as Amnesty International9 and the Asian all individuals in Rakhine state, are by far the Human Rights Commission10 in relation to the most progressive of the report. Such Commission’s report. These organizations have recommendations could certainly have gone argued that after decades of discriminatory further. Nevertheless, they need to be considered treatment and the denial of citizenship to against the backdrop of sixty years of repressive Rohingya on the basis of their alleged illegal/ military rule. Seen from this perspective, the fact foreign status, it should come as no surprise that that these recommendations could be made and political liberalization is giving rise to radical anti- disseminated signals a certain shift in thinking on Rohingya and anti-Muslim agitation. Human behalf of the regime as well as a first step in a Rights Watch has gone even further by more encouraging direction. denouncing the June and October 2012 violence in Rakhine State as part of state-led and state- Roundtable participants also noted the report’s sanctioned “crimes against humanity” and “ethnic urgent calls to deal with the IDP crisis which has cleansing” of Rohingya Muslims in Rakhine 11 disproportionately affected Rohingya state. communities. These recommendations were among the few to be commended by Rohingya As mentioned in the roundtable, discrimination rights organizations7, a fact that further speaks to against the Rohingya is addressed in the their far-reaching nature. At the same time, analytical section of the report, although this is roundtable participants pointed to continued done timidly, mainly by directly quoting from 12 problems of humanitarian access to Rakhine Rohingya testimonies. The report’s State. Relatedly, while also welcoming the recommendations go on to address these issues report’s humanitarian recommendations, the UN more assertively, retroactively identifying them as Special Rapporteur on Human Rights to obstacles to peaceful coexistence and Myanmar, Tomas Ojea Quintana, has expressed reconciliation. Nevertheless, by underplaying the concern over the danger of IDP camps becoming causal centrality of exclusionary regimes and indefinite settlement areas for Rohingya IDPs attitudes, the Commission seems to end up currently barred from returning home.8 overemphasizing heightened security and rule of law provisions in its recommendations.

WEAKNESSES Such security recommendations, as argued by the UN’s Tomas Quintana, are especially Despite these positive signs, the roundtable problematic in light of the report’s omission of any discussion also pointed to some weaknesses in robust recommendations pertaining to impunity the report. In particular, some roundtable and accountability, particularly in relation to the participants, especially those with humanitarian experience in western Myanmar, expressed 9 See Amnesty International Statement, April 30, 2013, accessed at: http://www.amnesty.org/en/news/myanmar-government- 7 See “Joint Statement on the Official Report of the report-will-not-stop-cycle-buddhist-muslim-violence-2013- Rakhine (Arakan) Investigation Commission”, May 3, 2013, 04-30 accessed at: 10 See Asian Human Rights Commission Statement, May http://www.burmapartnership.org/2013/05/joint-statement- 23, 2013, accessed at: on-the-official-report-of-the-rakhine-arakan-investigation- http://www.humanrights.asia/news/alrc-news/human- commission/ rights-council/hrc23/ALRC-CWS-23-06-2013 8 OCHR, “Mynamar/Rakhine Commission: ‘Positive 11 Human Rights Watch, “All You Can do Is Pray”: Crimes Starting Point but Government Must Address Impunity’”, Against Humanity and Ethnic Cleansing of Rohingya May 1, 2013, accessed at: Muslims in Burma’s Arakan State, April 2013 http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews. 12 See, for example, pp.15-16 and section 5.5.4, p.26 in aspx?NewsID=13280&LangID=E the English version of the report.

7 numerous Rohingya allegations of human rights until now strongly marginalized by the center. violations committed by state security forces, the Viewed from this perspective, the Commission Tatmadaw included. Without justice and could potentially act as an interesting first trial accountability, Quintana argues, it is unlikely that that paves the way for improved and more Rohingya will feel (or actually be) better protected independent investigative commissions under a heavier military presence. Although addressing other sensitive issues in the country. recommendations for the establishment of a Such commissions could eventually also open up Truth Finding Commission have been welcomed space for dealing with the past mechanisms that by human rights organizations, these have are compatible with the local context and culture. equally stressed that the report does not go anywhere near enough to adequately addressing Moreover, with the support of the Swiss FDFA, questions of accountability and impunity. the monitoring and data gathering work started by the Commission’s field research teams has Finally, human rights organizations have been maintained. The continued operation of criticized the Commission for not calling for the these teams serves as an information transfer revision of the 1982 Citizenship Law, widely mechanism allowing information from the perceived as legally underpinning several grassroots to rapidly reach the presidency. The discriminatory policies and practices. At the Commission’s investigative teams could thus be roundtable, the Commission’s view that that the described as a pilot for an early warning system, vast majority of citizenship issues could be which could be further developed for Rakhine (positively) handled within the current legislative and other volatile regions. Although by no means framework and would thus not require the perfect, this system is still better than solely inevitably lengthy and potentially unsuccessful relying on security intelligence as has been the passing of new laws was discussed. Although an case until now. The idea of starting a data important consideration, the report’s calls for a management center to analyze problems and review of the citizenship status of “Bengalis” in future scenarios for Rakhine State are now also Rakhine State also stresses that only individuals being discussed within the presidency. “eligible for citizenship” would be able to successfully integrate into Myanmar society, with repeated suggestions that Rohingya are CHALLENGES somehow too different