Myanmar: A Battle for Recognition

Rohingya fleeing to Bangladesh Rohingya fleeing to Bangladesh

Our new publication Myanmar: A Battle for Recognition provides an overview of the subnational tensions and armed violence in the country and focuses on the latest developments and escalation of violence in Rakhine state where the Myanmar armed forces (Tatmadaw) are opposed to the Arakan Rohingya Salvation Army (ARSA).

Written by Laura Baron-Mendoza, it provides an overview of the current non-international armed conflicts in Myanmar, as well as of the main actors involved in the violence: the Tatmadaw, armed non-state actors (ANSAs) affiliated to ethnic groups, or so-called ethnic armed organizations (EAOs), and militias, which are predominantly paramilitary armed actors responding either to EAOs or to the Tatmadaw.

This publication will form part, along with other analysis of conflict situations, of the War Report 2017 which will be published at the beginning of 2018.

‘As the UN Human Rights Council will hold a special session on the situation of human rights of the Rohingya and other minorities in Rakhine State on 5 December 2017, this publication is timely and useful as it recalls the non-international armed conflicts taking place in Myanmar, actors involved in these conflicts and recent developments in Northern Rakhine’ underlines Dr Annyssa Bellal, Strategic Adviser on International Humanitarian Law at the Geneva Academy and Editor of the War Report.

Territorial Claims and Violence Dating Back to the Colonial Period

With a vast ethnic and cultural diversity, as well as high levels of poverty, Myanmar has witnessed the emergence of a myriad of EAOs which have primarily pursued a high level of autonomy along with the recognition of identity and rights. These claims have been ongoing since before the colonial period, intensifying after independence in 1948 and still persist today where the central government opposes a plethora of EAOs located in specific regions.

Failure of the Nationwide Ceasefire Agreement

In 2015, the government of Aung San Suu Kyi achieved the signing of the Nationwide Ceasefire Agreement (NCA). However, the agreement left aside some of the largest EAOs after the government imposed restrictions for its signature, and its advancement towards implementation is slow. As a result, military action and armed clashes continue in various contested areas.

The Dynamics of the Violence in Rakhine State

Tensions in Rakhine state between the central government and the Muslim population, which self-identifies as Rohingya, date back to 1982 when the Burma Citizenship Law was enacted. This law enabled the revocation of Rohingya citizenship, therefore excluding the community from the 135 ethnic groups that were and still are recognized in Myanmar. Consequently, Rohingya referred to as Bengali and considered illegal immigrants from Bangladesh have since been severely persecuted.

Ethnic tensions have been marked, since 2012, by specific triggers that resulted in a severe military response against the Rohingya population, which has led to the destruction of private property, beatings, killings, rape, the suspension of humanitarian aid and a mass wave of migration to camps in Bangladesh’s Cox’s Bazar.

Myanmar A Battle for Recognition The Dynamics of Violence in Rakhine State

The Emergence of the Rohingya Insurgency in Northern Rakhine and Escalation of Violence

In response to the severe military crackdown against the Rohingya population, northern Rakhine saw the emergence in late 2016 of a newly organized resistance movement which calls itself Harakah al-Yaqin (HaY), meaning ‘faith movement’. Recently, HaY has started to use the English name Arakan Rohingya Salvation Army (ARSA).

Despite being a Muslim group, ARSA does not follow a jihadist agenda, has no religious targets and does not aim to impose Sharia law. In addition, there is no information about the presence of foreign fighters. Conversely, ARSA targets army forces, which are perceived as a threat to the community, and its stated prime purpose is to end of the persecution of Rohingya.

The first military operation conducted by ARSA on 9 October 2016 marked as shift in the region dynamics and a further escalation of violence. The Tatmadaw started using military helicopters to launch air strikes and the deployment of ground troops to surround and attack villages by means of arson. Recent attacks and subsequent responses at the end of August 2017 marked another escalation of violence.

‘While the Myanmar government has yet to ratify most international human rights treaties, the vast majority of alleged violations reported by the experts of the UN International Fact-Finding Mission on Myanmar infringe customary international law’ stresses Dr Annyssa Bellal.

Myanmar A Battle for Recognition Rohingya Refugees

MORE ON THIS THEMATIC AREA

Alexis Comninos, LLM student at the Geneva Academy, in front of the Bains des Pâquis News

LLM in International Humanitarian Law and Human Rights: What our Students Say

11 January 2017

In this interview, Alexis Comninos, currently enrolled in the LLM in International Humanitarian Law and Human Rights, tells us about the programme and life in Geneva.

Read more

Vover page of the In-Brief No.7 Human Rights Obligations of Armed Non-State Actors: An Exploration of the Practice of the UN Human Rights Council  News

How the UN Human Rights Council Addresses Armed Non-State Actors: Key Challenges and Way Forward

9 February 2017

Ten years after the establishment of the UN Human Rights Council, our new publication highlights the current challenges related to the Council’s approach to armed non-state actors and proposes recommendations to better address this phenomenon.

Read more

UN Security Council Short Course

Sanctions in Public International Law

12 January - 9 February 2018

This course provides an introduction to the regime of sanctions under international law and their effectiveness in addressing contemporary forms of conflict. It addresses the questions related to state responsibility, the pacific settlement of international disputes and the role of the International Court of Justice.

Read more

UN Mission patrols disputed area in Sudan Short Course

Peacebuilding in Post-Conflict and Fragile Situations

13 April - 4 May 2018

This course provides a concise and systematic treatment of the peacebuilding process in post-conflict and fragile situations. It adopts a holistic definition of peacebuilding that combines the socio-political issues with economic growth in a sustainable development perspective.

Read more

South Sudan, Warrab. An ICRC information session on the Law of Armed Conflict with soldiers from Warrab State. Project

Armed Non-State Actors and the Human Rights Council

Completed in January 2015

Launched in 2016, this project aimed to identify whether, to what extent and under what circumstances armed non-state actors incur obligations under international humanitarian law (IHL) and international human rights (HR) law.

Read more

South Lebanon, Aita ech Chaab. Entry door of the primary school. Project

Protection of Education in Armed Conflict

Completed in January 2011

This project analyzed how United Nations (UN) human rights treaty bodies and relevant UN Charter-based mechanisms and entities have addressed the implementation of the right to education and other relevant rights in armed conflict and armed violence.

Read more