Done Paik Village
“We had nowhere to hide from the military.� Rohingya Genocide Report December 2018
Asian Dignity Initiative is supporting victim survivors and local activists who strive to change their lives and uphold dignity in conflict affected area in Asia.
A Rohingya elderly man is on the way back to his shelter after buying vegetables on a rainy day, Camp 14(Hakimpara), Bangladesh on 8 August 2018.
143 Sangdo-ro 15-gil, #410 Dongjak-gu, Seoul, 06937, Republic of Korea Tel : 02-568-7723 E-mail : asiandignity2016@gmail.com http://www.adians.net Donate : SHINHAN Bank 100-031-396381 / ě•„ë””(ADI)
This project was funded by Gwangju Human Rights Peace Foundation, Human Rights Foundation Saram, Truth Foundation, and Hanwoo Memorial Fund.
â… . Executive Summary
4
â… . Executive Summary
5
Report on the Massacre of the Rohingya People1 - Done Paik Village
â… . Executive Summary The Rohingya had no freedom of movement but were forced to obtain a series of travel permissions, even to travel to the market. Even after obtaining such permission by paying large amounts of money, the military or security forces could still bar the Rohingya from traveling and could still demand additional forced bribes.
On August 26, 2017, security forces from the Myanmar military, Border Guard Police, and Rakhine civilians conducted a preliminary attack on the village of Done Paik, located in Maungdaw, Rakhine State. The assailants besieged all four wards of the village and sprayed gunfire at Rohingya villagers as they fled for their lives. Security forces killed and injured many Rohingya villagers, arrested a number of Rohingya on fabricated charges of supporting a militant group, and looted houses and property. The Rohingya hid as best they could in various places, some hiding in fear until the next morning. On August 27, 2017, security forces perpetrated a full-scale attack on Done Paik. They again besieged all four wards of the village and opened widespread gunfire, killing and injuring many Rohingya villagers. They set fire to hundreds of homes in the village wards and looted any remaining property. Based on an initial survey, the total number of Done Paik villagers killed on
these two days amounts to 158. After experiencing two consecutive days of mass violence and killing, Done Paik villagers escaped to Bangladesh, where they now live in temporary tents inside precarious refugee camps. Yet the systematic destruction of the Rohingya people began far earlier than August 2017. From 2012-2016, Rohingya experienced various forms of religious discrimination and persecution. They were forbidden to freely practice their religion, with those caught in prayer charged with exorbitant fees or arrested. Holding religious events or observing religious festivals required payment of forced bribes. Marriage required payment of high fees, in order to obtain permission from authorities. As the permission was issued, authorities directed the Rohingya to have no more than two or three children, under threat of punishment.
The Rohingya faced discrimination in schooling, thereby foreclosing their education. The government barred Rohingya from obtaining public employment. The military and security forces regularly conscripted the Rohingya into forced labor. The Rohingya also faced discrimination in obtaining medical treatment and healthcare. Although Rohingya voted before 2015, this too was foreclosed after 2015. Finally, no Rohingya held Myanmar citizenship. Indeed, the military forced the Rohingya to accept NVC, a card which registered them as foreigners. In summation, the Rohingya were deprived of basic rights on essentially every aspect of daily life. With the history of religious discrimination and persecution as the backdrop, we recommend first that the international community provide affirmative support to having this matter referred to the International Criminal Court or to a newly established special or ad-hoc court for investigation. The truth-seeking investigation must proceed without any grants of immunity, for
the wrongdoers occupy the highest levels of the Myanmar military and BGP, as well as officials of the Myanmar government, including State Counsellor Aung San Suu Kyi and other Cabinet Members. We also recommend that the Myanmar government provide remedy and relief to the victims and survivors, founded first on restoration of previously-held rights, as well as financial recompense to those for whom such restoration is insufficient, such as victims who have suffered psychological harm. In such situations, it is critical to respect and decide the specific substance and form of remedy and relief according to the wishes of the victims and the Rohingya community. Further action includes the introduction of legislation and administrative measures to abolish systems and practices that discriminate against Rohingya, including those involving hate speech and other forms of prejudiced information. Education is necessary to improve awareness of hatred, bias, and discrimination. The Myanmar government must cease registering the Rohingya with NVC identification cards and must ensure restoration of their citizenship rights. Finally, the Myanmar government and the international community must actively guarantee and ensure participation of Rohingya people in discussions about possible repatriation.
Contents 4
Ⅰ. Executive Summary
8
Ⅱ. Background
10
Ⅲ. Methodology
10
A. Interviews
11
B. Initial Survey
11
C. Limitations
12 12
Ⅳ. Systematic Destruction of the Rohingya People A. Discrimination Experienced 2012-2016 1. Oppression of Religious Practice 2. Repression of Marriage and Control of Population (Child-Bearing) 3. Restriction of Movement 4. Denial of Education 5. Denial of Employment 6. Compulsory Forced Labor 7. Denial of Healthcare 8. Suppression of Voting Rights 9. Revocation of Citizenship
23
B. Situation Prior to August 2017
23
C. Brutality on August 26, 2017 1. Siege of the Village 2. Killing of and Injury to Rohingya Villagers 3. Unlawful Arrests 4. Arson and looting
26
D. Massacre on August 27, 2017 1. Siege of the Village 2. En Masse Killing of and Injury to Rohingya Villagers 3. Unlawful Arrests 4. Arson and looting
29
E. Perpetrators
30
F. Escape to Bangladesh
31
Ⅴ. Facts from Initial Survey
32
Ⅵ. Conclusion and Recommendations
35
Ⅶ. Annex
40
Ⅷ. Acknowledgments
8
Ⅱ. Background
Ⅱ. Background
In August 2017, the Myanmar military commandeered a brutal crackdown on the Rohingya, immediately after Arakan Rohingya Salvation Army (ARSA) reportedly attacked approximately 30 police posts and an army base. The military’s so-called counter-terrorism maneuvers were in fact horrific acts of mass killing, rape, arson, and looting of property. The military termed the scheme “Clearance Operations” and inflicted mass-scale violence against defenseless civilians who had already suffered systematic destruction under the boot of the government. As a result, 800,000 Rohingya people fled to Bangladesh in search of safety and refuge. Numerous massacres in Rakhine State have been well documented by NGOs, like Physicians for Human Rights and Doctors Without Borders,2 and several press outlets, including The Wall Street Journal,3 Al Jazeera, The New York Times,4 and
CBS.5 A report by Physicians for Human Rights, using legal and medical analyses, identified how the massacres in Rakhine State conformed with the Myanmar government’s systematic pattern of attacks.6 The perpetrators have consistently been identified as the Myanmar military and Border Guard Police (BGP), the border guard security force that replaced Na Sa Ka.7 The UN has acknowledged multiple human rights violations in Myanmar against the Rohingya through an Independent International FactFinding Mission. The reports detail “systematic oppression and persecution of the Rohingya” and list the factors of denial of legal status and identity; denial of the right to freedom of movement; restrictions on access to food, livelihoods, heath care, and education; restrictions on humanitarian access; restrictions affecting private life; oppression through arbitrary arrest and detention; and other forms of oppression.
Ⅱ. Background
“458. The Rohingya are in a situation of severe, systemic and institutionalised oppression from birth to death. Their extreme vulnerability is a consequence of State policies and practices implemented over decades, steadily marginalising the Rohingya and eroding their enjoyment of human rights. The process of “othering” the Rohingya and their discriminatory treatment started long before the period covered by the Mission. “459. The cornerstone of this system of oppression is the lack of legal status of the Rohingya. This is compounded by restrictions affecting their movement, subsistence and development, and numerous other human rights violations.... “622. The level of oppression faced by the Rohingya is hard to fathom. Cumulatively all the rules, regulations, orders and practices laid out in this section have made life for the Rohingya in Rakhine State slowly but steadily unbearable. Rights were eroded and removed, in a process of marginalisation, exclusion and “othering”. Layers of discrimination and ill treatment have been added. This occurred in the context of hateful and divisive rhetoric targeting the Rohingya on the basis of their ethnicity, religion and status. The multiple elements of oppression are based on Statesanctioned policies and practices and occur in the context of State-sanctioned discriminatory rhetoric. The Mission concludes that this severe, systemic and institutionalised oppression, from birth to death, amounts to persecution. “623. This persecution has put the Rohingya population in a situation of extreme vulnerability, undermining all aspects of their lives and eroding their living conditions and
9
their coping mechanisms. The daily attacks on human dignity have created intolerable conditions, and have weakened individuals, families and communities, pushing them further into destitution and insecurity. It is this oppressive climate, and the fear and desperation resulting from it, that forced thousands of Rohingya to leave Rakhine State by boat in the years since 2012. ”8 “In its report, the Fact-Finding Mission also called on the UN Security Council to refer Myanmar to the International Criminal Court (ICC), or to an ad hoc tribunal for investigations and prosecutions for the crimes.”9
Asian Dignity Initiative conducted an initial survey of 779 survivors in refugee camps in Bangladesh and carried out in-depth interviews with selected victims. The purpose of the initial survey and this report is to advance truth-seeking in order to support and aid the Rohingya victims of mass-scale violence, as well as to promote and actualize transitional justice. In addition, a criminal trial to hold perpetrators responsible for their horrific actions will ultimately require the submission of relevant evidence to the authorities. Because such prosecutorial processes take time and often occur in stages, Asian Dignity Initiative also undertook this project with a view toward gathering and preserving such evidence, including direct sworn statements in the form of tape recordings, affidavits prepared based on that oral testimony, and related electronic and documentary evidence, such as personal identification documents, photographs of wounds, and locations mapped via satellite.
Ⅲ. Methodology
10
Ⅲ. Methodology
11
Ⅲ. Methodology
A. Interviews Asian Dignity Initiative interviewed 19 people in total, consisting of 4 women and 15 men. Of these, 1 was under 20 years old; 4 were in their 20s; 2 were in their 30s; 7 were in their 40s; 3 were in their 50s; and 2 were in their 60s. Victimsurvivors, defined as those who personally suffered the trauma of personal injury, wounding, or death and loss of a close family member at the hands of the military on August 26-27, 2017, accounted for 11 people. In this situation, arson and looting, although terrifying, are not considered personal harm. Witnesses, defined as those who did not personally suffer such harm but nevertheless experienced the atrocity and mass-scale violence, accounted for 6 people. Six victim-survivors lost direct family members, meaning spouses, children, siblings, and parents. Before conducting the interview, the interviewer introduced Asian Dignity Initiative, our purpose, and the intended use of the interview content. All interviews proceeded only after receiving both verbal and written agreement. In this report, for the sake of protecting identity, victims’ names are anonymized, and photos of their faces are purposely blurred. Yet the names
B. Initial Survey of the deceased persons are their real names. The interviews, which included more than 100 questions, consisted of four parts in the following order: the initial survey; experiences of discrimination 2012-2016; the brutality on August 26, 2017; and the massacre on August 27, 2017. The interviews were held in their tents in the camp and each lasted for at least an hour. The interviews were conducted by people who speak the Rohingya language and who received training in human rights documentation. The entire content of the interviews was recorded with the consent and agreement from the victims. Geographical information about the 2017 incident was also collected using imaging from a satellite map. At times, video recordings or photos related to particular incidents were collected from interviewees for the purpose of preserving evidence. Interviews with rape victims were conducted by a female interviewer. However, the location of the interview was not in privacy, due to the difficulty of arranging such space within the camp.
An initial survey of the Rohingya refugee population in the camps in Bangladesh was conducted by 10 interviewers over a period of two months, from April to June 2018. The total target population was 588,000 refugees in Camps 1-13.10 The interviewers, after going door-todoor and visiting every tent in 13 camps, selected refugee families from the villages of Tulatoli, Inn Din, Chut Pyin, Koe Tan Kuak, and Done Paik for mapping and information gathering. The initial survey documented information about the hometown, extent of harm and loss suffered by family members, and names of the deceased. Also collected by photograph were the fronts and backs of the surveyed people’s identification cards, which were issued by the camp authority in Bangladesh. The back of the card states the name of the hometown in Myanmar, which was useful for confirming what was told and written.
C. Limitations The initial survey did not cover the entire refugee population in the camps. This means that more than 115,800 refugees, in Camps 14, 15, and 16, were excluded.11 It is also possible that people who were later interviewed were not involved in the initial survey. Specifically, Asian Dignity Initiative interviewers first conducted the initial survey and later visited again in order to hold in-depth interviews with selected survivors and to gather their sworn statements and relevant evidence. Therefore, family members who were absent when Asian Dignity Initiative staff visited the tents for the initial survey may not have been counted. There was no revisit for the initial survey. It is thus unclear how many people were omitted from the initial survey. Asian Dignity Initiative interviewed 19 people in September and October 2018, approximately a year after the atrocities. Although the degrees may vary, it is possible that all interviewees remained traumatized and/or their testimony included recall biases.
Ⅳ. Systematic Destruction of the Rohingya People
12
Ⅳ. Systematic Destruction of the Rohingya People
I paid the forced bribes myself more than 5 times.”27
Ⅳ. Systematic Destruction of the Rohingya People A. Discrimination Experienced 2012-2016 1. Oppression of Religious Practice Security forces greatly restricted the Rohingya people’s freedom of religion. They were forbidden to use the mosque after 2012. 12 Security forces barred them from worshiping freely, and this included saying prayers in the mosque,13 practicing juma (Friday mass),14 giving religious sermons,15 practicing Qurban,16 saying prayers for the Eid Festival,17 and even fasting during Ramadan.18 Villagers used to pray in secret, having one to two people act as watch guards.19 When caught in prayer time, security forces beat up and arrested the Rohingya,20 or arrested and fined them,21 up to 50,000 kyat.22 “Security forces prohibited us from freely practicing our religion of Islam. They arrested and beat villagers who performed their prayers. In our village, they arrested the following people found in prayer time: Moulana Rahmat Karim (40, son of Sultan); Moulana Kamal (35, son of Muktar Ahmed); and Moulana Salim (40, son of Fakir Ahmed). Security forces made the villagers shave their beards and pay 50,000,000 kyat to Na Sa Ka. These villagers had to get help from a foreign country to gather the money.”23
“The village administrator prohibited us from saying our prayers in the mosque and arrested those he found praying in the mosque, including Shamsul Hai (60) and Nadir Hossain (50, son of Patan Ali). These two were arrested and taken to the camp. Shamsul Hai was extorted for 30,000 kyat and Nadir Hossain was forced to pay 60,000 kyat. So we said our prayers in secret.”24 “The military arrested my son, Rofiq (20, son of Rohomot Ulla) while he was practicing religion inside the mosque. I had to pay them 200,000 kyat for his release.”25
To sacrifice a cow (Qurban) during an Eid festival, as well as to hold other religious events, the Rohingya had to obtain permission from the village administrator by paying large amounts of money.26 “They prevented us from holding religious events by demanding forced bribes of 20,00050,000 kyat for permission. They prohibited us from sacrificing cows on the occasion of Eid al-Adha and from giving sermons to people. To obtain permission to sacrifice a cow, we had to give a forced bribe of 7 kilograms of meat to Na Sa Ka, the police, and the military.
“Security forces also blocked us from holding religious events. They required us to first obtain permission after paying 10,000-20,000 kyat in forced bribes. We could only sacrifice cows for Eid al-Adha if we paid 5,000 per cow in forced bribes. In my life, I paid the price to sacrifice cows many times.”28 “Security forces required us to pay them 6-7 containers of oil if we wanted permission to give religious sermons.”29 “We had to obtain permission from the immigration office, after paying 7 containers of oil, if we wanted to give sermons to people.”30 “If we wanted to give a religious sermon, we had to first get permission from security forces by paying 50,000 kyat.”31
They were forbidden to use a megaphone to announce prayer times in their villages.32 The Rohingya were not allowed to build new mosques or repair Islamic buildings.33 Educating children in Arabic was also banned in Moktob and Madrasa.34 In addition to restricting freedom of Muslim worship, Rohingya also faced pressure to convert religions and hate crimes during religious holidays. “We could not build mosques or repair our mosques. Our children were blocked from having Islamic education. Security forces locked up our mosque and madrasa (Islamic religious school). That all meant, they wanted us to stop practicing our religion of Islam and to give up our religion. It’s true that they forced us to give up our religion and to convert religions.”35
13
“Sometimes security forces called Rohingya people for a meeting. In the meeting they suggested Rohingya convert religion. They also prevented us from our religious activity.”36 “There is a family who converted from Islam to Buddhism. Now they live in Myanmar in a Rakhine village. After they converted religions, they are safe now in Myanmar.”37 “After 2012, the military jailed me. One day during Eid al-Fitr, Rakhine people burned down a house and a shop near my own shop. The military came and arrested me. They blamed me for the house and shop burning down. They jailed me for one month and took 1.3 million kyat from me.”38
2. Repression of Marriage and Control of Population (Child-Bearing) One hallmark display of the systematic destruction of the Rohingya people were the concerted efforts to control population growth, by constraining marriage and childbirth in a variety of ways. The Rohingya needed the government’s permission to get married and were not allowed to have more than two or three children. In order to marry, the bride and groom first had to get La-tei-guwang, a certificate of permission for marriage, from BGP or Na Sa Ka.39 Both the bride and groom had to visit the BGP/Na Sa Ka camp to take photos and obtain the certification of permission,40 and also sign the certificate document.41 In some cases, Rohingya were required to bring the village administrator with them to the immigration office.42
Ⅳ. Systematic Destruction of the Rohingya People
14
“We had an administrative requirement to marry which was called La-tei-guwang. We had to get permission from the village administrator and then had to inform the military, BGP, and the immigration office.”43
Survivors’ testimony indicates that the price of the certificate of permission varied between 50,000 and 500,000 kyat. The amount was determined by level of wealth. The upper class paid 200,000 kyat or more,44 the middle class up to 200,000 kyat,45 and others 50,000 kyat.46 In the process of issuing the certificate of marriage permission, the chief of Na Sa Ka or other authorities asserted that the married couple shall not have more than two children,47 or three children.48 The military and BGP forced the bride and groom “to sign on the marriage permission paper not to violate their restriction on the number of children.”49 Any subsequent children would be considered “illegal children.”50 The Myanmar government’s military, BGP, and immigration office inflicted harsh punishment for failure to comply with the population control restrictions.51 These included seizure fines of 1-1.5 million kyat or, if unable to pay, jail sentences of 10-15 years,52 or successive fines in exorbitant amounts.53 The additional children might be excluded from family registration.54 But more often the Rohingya were fined,55 or beaten and jailed.56 “We had to obtain the administrative requirement when we married. But when we married, the government did not permit us to marry. So, my children are on the blacklist. The blacklist means my children are not on the household registration list. The Na Sa Ka doctor, who was also the assistant of the precinct captain, seized from me 40 packs of cement, their price valued at 80,000 kyat, then 17,000 kyat, then 30,000 kyat and
Ⅳ. Systematic Destruction of the Rohingya People
15
15,000 kyat.”57 “Security forces beat and forced fines from anyone who violated these restrictions. In our village, Mohammed Hossain (40, son of Badi Alom) had to pay 160,000 kyat as a fine. Mohammed Yeahaya (60, son of Zakaria) and Mustak Ahmed (60, son of Hossain) had to pay fines of 100,000500,000 on behalf of their children.”58
The village administrator or military also imposed fines of 15,000-40,000 kyat to include each additional child on the family registration list,59 with overall fines ranging from 100,000-500,000 depending on wealth.60 The intent of these obstacles and restraints was clearly to fetter population growth of the Rohingya people and ultimately drive them out of Myanmar.
The Rohingya were forced to register their family members on a household list.
3. Restriction of Movement The Rohingya people’s movement was severely restricted. They could barely leave their houses for fear.61 “We were not allowed to travel. They did not even allow us to go to the market.”62
First, to visit another village, they had to obtain Tawkenza, a certificate of permission to travel, and pay 1,000-4,000 kyat to the village administrator,63 for a maximum of 7-10 days’ permission,64 although some Tawkenza were valid for less than three days.65 Getting travel permission was merely the first hurdle. Even after obtaining it, Rohingya had to pay forced bribes at checkpoints as they traveled.66 “And even with this travel permission, we
were forced to pay an additional 3,000-4,000 kyat to the military, BGP, and Hlun Thein at the check posts.”67 “Even if we had permission, we had to show it on the way at military and BGP check posts. They sometimes allowed us to cross the check posts, but sometimes forbade us and forced us to pay additional money, like 500-1000 kyat, in order to cross the check post. If someone was unable to pay the money, they were not allowed to cross the check post and had to go back home.”68 “Even with Tawkenza, we had to go to the check post military captain to get permission. We had to pay an extra 2,000 kyat to the village administrator and 5,000 kyat at the military captain’s check post.”69
Ⅳ. Systematic Destruction of the Rohingya People
16
Second, to visit the township, they had to complete Form No. 4,70 turn it in to the village administrator with payment of 10,000 to 50,000 kyat,71 and then also pay forced bribes at the checkpoints.72 The travel permission was valid for two week or a month.73 Third, the Rohingya were completely barred from traveling to the district,74 and Sittwe, the capital city of the state.75 One survivor reported that the military extorted additional bribes at checkpoints, with those unable to pay sent to jail.76 Security forces arrested and jailed those who violated these travel restrictions,77 or arrested and fined them 100,000 to 200,000 kyat or more.78 “The military arrested my son, Masser (18), at a check post on the way home. My son went to sell baskets at the market. He was coming back home after the sun set, when they arrested him, saying he was too late. They seized 50,000 kyat from him in forced fines.”79
4. Denial of Education The Rohingya were discriminated against in receiving schooling. They were barred from pursuing higher education.80 “I finished high school. But there was no opportunity to be admitted to college. Rohingya students weren’t allowed to pursue higher education. That was why I couldn’t continue my studies.”81 “My children experienced discrimination when attending school in Myanmar. The teachers only taught the Rakhine children well and ignored the Rohingya children. My eldest son, Aziz Islam (17), committed suicide because he was barred from
attending his matriculation examination. He was barred from this opportunity for refusing to shave his beard because it is part of our religious faith.”82 “As Muslims, we were prevented from getting education. We could not study freely in Myanmar. We were not allowed to pursue further education and we were forbidden from going to Sittwe for education. My children also experienced discrimination when attending school. When Rakhine children beat my Rohingya children, my children did not get any justice.”83
Some Rohingya students ceased their education because they were beaten and persecuted on the way to school.84 According to testimony, compared with Rakhine students, Rohingya students were neglected and not taught at public school.85 At times, the Rohingya students were even segregated from the Rakhine students.86 “We attended a school in the Rakhine village with Rakhine students. The headmaster was also Rakhine. The Rakhine teachers taught private sections to Rakhine students before 5:00 p.m. and we were taught after 5:00 p.m. They taught us not only in a different place but also in different segregations. They did not care for us in teaching and in our learning. They also did not care if we Muslim students understood or were correct in class. We only learned spelling by teaching ourselves from the textbook.”87 “There was much discrimination. In final examinations, Rakhine students got high grades even if they did badly. And Rohingya students got lower marks even when they did well on the exam.”88
And when students fought, the teachers punished
Ⅳ. Systematic Destruction of the Rohingya People
the Rohingya but not the Rakhine students.89 “The Rakhine students got higher marks than Rohingya students even if the Rohingya student was more talented. In the classroom, Rakhine students always made quarrels with Rohingya students. They made quarrels without any cause. And the Rakhine teachers always gave punishment to the Rohingya students even when the Rohingya students were innocent.”90 “The teacher always blamed, abused, and persecuted our children without reason. So our children did not want to attend school because the teacher blamed them and treated them inhumanely in class.”91
5. Denial of Employment According to testimony, the Rohingya were deprived of the opportunity to be employed even when their educational level was high, especially with public and government jobs.92 “My children did not apply for jobs as government servants because the government did not permit Muslims to hold government jobs. The government refused to even allow us to apply for those jobs.”93 “Rohingya weren’t allowed to apply for jobs. One of my neighbors graduated from school. He tried so many times but didn’t get a job.”94 “I didn’t apply for a job anywhere. One of my uncles applied for a job, but his application was rejected because he is Rohingya. Only Rakhine and citizens are allowed to apply for
17
jobs in Maynmar.”95 “Rohingya people weren’t allowed to hold government jobs. In my grandparents’ generation, Rohingya were allowed to have jobs as schoolteachers. But now we aren’t permitted to have a job or apply for jobs.”96
In addition, the government stole land from Rohingya villagers and allocated them to Rakhine colonizers.97 One kani of land is equivalent to 1.32 acres. The government also plundered land from Rohingya to build administrative buildings,98 as well as to build temples.99 “The government stole 8 kanis of land from me and used my land to build Nemmray (administrative unit in a state) on it. After that, I owned no more land and had to rent 10 kanis of land from others, paying 25 aris paddy per kani per year.”100 “I had 5 kanis of land. It was my own land. I had more kanis of land before. But after the government took my land away and gave it to build a Rakhine pagoda, I could only farm 5 kanis of land.”101 “The military occupied 8 kanis of land for a pagoda, so I only farmed the other 5 kanis that I owned.”102
Even if the land theft was in “lesser” amounts, these “smaller” thefts are no trifle. With denial of access to education and denial of access to jobs, farming lands that they owned was the main viable way to work and support their families. Without land ownership, the Rohingya were forced to pay rent for farmland, thereby reducing their income even further. “In 2012, the government stole 5 kanis of land from me and allocated it to Rakhine
Ⅳ. Systematic Destruction of the Rohingya People
18
people. After that, I owned only two kanis of land and had to rent 12 additional kanis from Muslim owners. I paid 20 aris paddy per year for one kani.”103
“One time, the military arrested and detained me for the whole night at the military camp in Boli Bazar. I had been returning home from the market and could not send the groceries to my house. The next day, the military took me to Koumungchai and made me and other Rohingya men carry their heavy loads. From Koumungchai, they took us to Lainshe, and then on to Aung. They kept us in forced labor for 15 days.”108 “I was conscripted into forced labor. In 1992, security forces seized and transported me to their camp in Tulatoli and detained me for one year. They used me as a boat guide for one year. Another time, security forces transported me to a camp for forced labor. There, they made me cut the soil, cut the grass, and dig the bunker.”109
Moreover, the unpaid forced labor compounded the hardship the Rohingya experienced, by starving them, as well as by obstructing the Rohingya from working at their own livelihoods: If a Rohingya person was very lucky, they could attain employment with an NGO or organization based outside of Myanmar. DP09 was very fortunate to gain employment with MFS, also known as Doctors Without Borders, which is headquartered in The Netherlands. Tragically, he had just completed his training and worked for them for a mere few days before being forced to flee for his life and escape to Bangladesh.
6. Compulsory Forced Labor The military and BGP/Na Sa Ka conscripted Rohingya villagers into forced labor,104 to clean bushes, cut soil, cut grass, dig bunkers, dig roads, and build buildings.105 There is not a single recorded case of the Rohingya being paid for this forced labor,106 and often Rohingya forced laborers were not even given food to eat.107
“After 2012, I was subjected to forced labor. I was forced for one month. I had to carry their heavy backpacks and other heavy materials. I was starving, because they did not feed me.”110
Rohingya were conscripted into forced labor three to five times per month,111 and as often as once per week.112 If they failed to provide forced labor, security forces beat the Rohingya,113 and sometimes forced fines from them.114 “The military, Na Sa Ka, and BGP conscripted me into forced labor five times per month. One time after 2012, BGP arrested me. They abducted me to make me provide forced labor. When I refused, BGP seized me, took me to their check post, beat
Ⅳ. Systematic Destruction of the Rohingya People
me, and made me pay 220,000 kyat.”115
At times, the military beat up these Rohingya villagers if they slept at night.116
7. Denial of Healthcare The Rohingya experienced discrimination in receiving medical services,117 including even in accessing medical care due to the aforementioned travel restrictions: “We were not allowed to see a doctor at the clinic. The doctor at the clinic and the government on the way told us that the clinic was not for us because it was for Rakhine citizens. When we went to the clinic with the patient, the military and BGP arrest us, beat us, and speak abusive words to us on the way. So, we could not see the doctor at the clinic.”118 “We were not permitted to see doctors at the clinic. There was no clinic in our village. It was in the Rakhine village. There were check posts of the military and BGP on the way. They did not allow us to cross the check posts with the patients. They said that the clinic was not for us, it was for Rakhine citizens. If by some good fortune we were able to cross the check post, the doctors at the clinic rejected us. They also said that the clinic was not for Bengali, it was for Rakhine citizens.”119 “The military blocked my husband, Nor Boshor (50, son of Gola Hosson), from crossing the check post. So he could not see the doctor.”120
The public health center refused to treat Rohingya unless they made additional payment,121 and rejected them if they could not pay.122 The
19
doctors demanded additional amounts of up to 20,000 kyat,123 and even then might refuse to give treatment: “Although we could see a doctor at the government clinic, we had to pay extra money to get treatment. And even then, sometimes they rejected us. One time, the doctor at the government clinic in Boli Bazar refused to treat me. He said, “There is no medicine in the clinic.””124 “We could go to the government clinic but doctors refused to treat us unless we paid a large sum of extra money, at least 20,000 kyat. The hospital admitted me as a patient once, but only after I paid 25,000 kyat to the doctors. The hospital at the government clinic refused to admit Muslims without these exorbitant payments.”125
According to additional testimony, it is questionable whether Rohingya received appropriate medical treatment after 2012. Some testified that Rohingya patients died from incorrect diagnoses and the wrong treatment at government clinics.126 “From 2012, the Rakhine doctors killed people by giving the wrong treatment.”127 “The doctor operated on my daughter, Asiya Begum (28, daughter of Md Hosson), while she was pregnant. The doctor killed her baby in the uterus and then she was left discarded in a seat at the clinic.”128 “The clinic was in the Rakhine village. The Rakhine doctors killed many pregnant women by giving the wrong treatment.”129 “My sister’s son died at the hospital after they operated on him.”130
Ⅳ. Systematic Destruction of the Rohingya People
20
8. Suppression of Voting Rights The Rohingya were denied their voting rights. Before 2015, they were allowed to vote,131 but they were denied voting rights after 2015.132
9. Revocation of Citizenship Every single Rohingya person stated that they did not hold citizenship of Myanmar.133 An elder survivor held an AK card in the past and also had a temporary registration certificate.134 The Rohingya were initially given temporary white cards called Yiayi Caffra,135 but the government later collected these back later.136 Then they were given “receipt cards.”137 The Rohingyas’ identification documents overwhelmingly stated their nationality to be Bengali,138 although several knew that their parents and grandparents had been citizens of Myanmar.139 “My grandparents were accepted as citizens of Myanmar. They had nationality cards with Rohingya ethnicity. Before 2012, the Myanmar government stated that we are also citizens of Myanmar. From 2012, they started calling us Bengali.”140
All interviewees refused to register with NVC. They stated that this process was intended to force the Rohingya to admit their non-citizenship status, since NVC registered them as foreigners, as Bengali rather than Rohingya.141 Rohingya often considered NVC to be even less valuable than the temporary registration certificate,142 and they saw it as another way of stripping them of their rights.143 “I did not register with NVC because it was not for us. It was for guests. Our grandparents were citizens of this country and because we are descended from our progenitors, we are also citizens of
Ⅳ. Systematic Destruction of the Rohingya People
Myanmar. So we did not accept it. That is why we were persecuted and had to flee here today.”144 “I did not register with NVC because we were born in that country. Our parents were citizens of that country and we are a generation from our parents being ethnic citizens. NVC is for foreigner-guests. It is not for us. So, we did not accept NVC. That is why we are here in Bangladesh today.”145 “I did not register with NVC, because that is also a card for Bengalis and I am not Bengali. I also learned that if I accepted registered with NVC, then I would have to apply for citizenship. The government discriminated against me because they rejected me as a citizen. I could not travel without Tawkenza and could not operate a business, but Rakhine could do it all.”146
The Myanmar government gave the Rohingya “temporary cards,” which were later taken away.
“I didn’t register with NVC, because then we would have to pay for everything we have. We would become illegal foreigners in Myanmar. The Myanmar government wanted to make us foreigners.”147 “If we registered with NVC, then we would have to pay for everything. We would have to stay there as illegal foreigners who entered Myanmar illegally.”148 After confiscating the temporary cards, the Myanmar government then distributed “receipt cards” as identification documents for the Rohingya.
“The Myanmar government did not accept us Rohingya as citizens. I had a temporary registration card (Yiayi Caffra), which incorrectly states that I am a Bengali Muslim. I did not register with NVC because it incorrectly states that we Rohingya are Bengali. The government discriminated against us Muslims because of our religion and barred us from building mosques, from praying in mosques, and from traveling unless we obtained special permission.”149
21
Ⅳ. Systematic Destruction of the Rohingya People
23
B. Situation Prior to August 2017 In general, the Rohingya experienced widespread brutality in their every day lives and lived in terror of the military and security forces: “The military were unbridled and ruthless in beating Rohingya. They senselessly beat us whenever they came upon us and there was no limitation to their beatings. The military looted groceries and medicines from Rohingya shops.”150
Further, after the incident in October 2016, security forces imposed a curfew on the Rohingya, prohibiting them from leaving their homes between sunset and sunrise.151 “The military and village administrator prevented us from worshiping because they did not allow us to come out of our houses
to practice our religion after 7:00 p.m. and before 5:00 a.m. The government said, “If you come out of the house during that time, you will be arrested.” So, we had to pray inside the house.”152 “BGP cruelly beat my maternal uncle. They smashed his teeth and beat and fined him when they found him outside at 6:10 p.m. There was a restriction that Rohingya weren’t allowed to go out of the house after 6:00 p.m. and before 6:00 a.m. My uncle was traveling by foot to his house from another village. They took him to the BGP camp and beat him for the whole night. The next day, they demanded 200,000 kyat in forced bribes to release him. They released him after they got the money. But he was injured.”153
C. Brutality on August 26, 2017 In the village of Done Paik, the Myanmar military committed acts of horrendous aggression in two stages. The first wave terrorized, killed, and injured Rohingya villagers on August 26, 2017, causing them to flee from their homes.
1. Siege of the Village Security forces attacked the village of Done Paik on August 26, 2017, by rushing in from the south,154 and east,155 in trucks.156 Reports consistently state that security forces breached Sadulla Chor in the evening, between 7:30 and 10:00 p.m.157 The other three wards of Done
Imagery ©2018 CNES / Airbus, Digitalglobe, Map data ©2018 Google Wards, landmarks, and key locations in Done Paik village
Paik, which were Rida, Done Paik, and Bou Chor, were besieged earlier in the day, in what appeared to be a succession, progressing from the late morning of 11 a.m.,158 to the early afternoon between 1:00 and 2:00 p.m.,159 and to the midafternoon between 3:00 and 5:00 p.m.160 “The east part of our village had a motula village track, called the administrator village. The mountain is called Donnah forest. The military came from there and they they started shooting their guns from there.”161
The security forces had been stationed in Boli Bazar,162 as well as in a Rakhine village.163 Multiple witnesses estimated the number of
Ⅳ. Systematic Destruction of the Rohingya People
24
security forces at 350-500.164 Other survivors estimated the security forces to number 100200,165 but these witnesses may have perceived only a portion of the total forces as they fled from the attack. The military wore green uniforms,166 with red marks,167 like flowers or stars and lines on their shoulders.168 Witnesses also described bendulla marks and lines and stars.169 BGP forces wore mixed-color uniforms, 170 with gun symbols.171 The security forces carried big and long guns, including machine guns, AK47s, launchers, and rifles.172 Rakhine people, numbering 20-40,173 accompanied the military and BGP forces, wearing longyi pants and shirts,174 and carrying weapons including long knives and kris swords, and sticks.175 One witness also reported that the military gave uniforms to the Rakhine people.176
2. Killing of and Injury to Rohingya Villagers The security forces’ opened fire recklessly and indiscriminately, causing the deaths of many Rohingya villagers.177 One survivor reported that the gunfire lasted for three hours.178 “The military killed people and dead bodies floated in the river. On that night, the military killed my son, Shofiul Alom (19). While we were running away to hide, the military fired gunshots and hit and killed my son. At that time, I did not notice that they had killed my son. Later, as I checked on my family members, then I knew that a bullet hit him and he died. I found his dead body on the road. Two bullets hit him in the chest and next to his abdomen.” 179 “The military’s gunshots killed my daughter, Dildara Begum (26), and son-in-law, Komorulla (26, son of Roshit Ahammot). As we ran to hide to protect our lives at 9:30
p.m., military gunfire hit them in the paddy fields beside the riverbank. The military killed many people but I don’t know all of their names.”180
Ⅳ. Systematic Destruction of the Rohingya People
a helicopter came carrying weapons and made a drop into the Rakhine village. Then I saw them start burning houses.”187
“From my house, I witnessed security forces burn a man, Abdul Hakim (70), to death at approximately 3:15 p.m. The military left the body where they had burned him to death. We later went back to collect and bury the body after the military left the village. I witnessed the military shoot a machine gun from about 75 yards away and injure three people at 3:00 or 4:00 p.m. They shot and injured Jamal Hossain (12, son of Nabi Hossain) with a bullet in his left shoulder. They shot and injured Sirajul (25, son of Liakat Ali) with a bullet in his left arm. They shot and injured Futia (27, son of Liakat Ali) with a bullet in his left thigh.”181
Security forces also unlawfully arrested Rohingya villagers.
“I saw 9 people arrested on that day. Of those 8 people, one was killed on that day and the other 7 people are still detained in jail to this day. They are Karim Ullah, Kamal Huda, Nor Huda, and four others. Security forces unlawfully arrested them, claiming that the Rohingya villagers participated in ARSA and were training and supporting ARSA.”189 “Security forces arrested people, while claiming that the Rohingya were part of ARSA: Karim Ullah (50), Kamal Huda (30, son of Karim Ullah), Nor Huda (27, son of Karim Ullah), and Abul Foyas (15). At the time, I was in the forest and was able to see and hear. BGP and the military took the Rohingya men to the police station in Boli Bazar and then to Maungdaw. Karim Ullah died in jail. No one knows what has happened to the others, or if they are even still alive.” 190
“When the killing was happening at that time, we were hiding in Bou Chor. Some people hid in the crops, some people hid in the paddy fields, and some people hid in the bushes.”182
Nevertheless, despite their efforts to hide, security forces injured Rohingya villagers with gunfire,183 and with beatings.184 Gunshots wounded one survivor on the arm as he was returning from hiding and was near the bridge between Bou Chor and Done Paik.185
“We were not able to go back to Sadulla Chor from Bou Chor. We stayed in the forest in Bou Chor that night. On August 27, 2017,
3. Unlawful Arrests
“While I was hiding in the paddy field, I witnessed the military arrest two boys, a son of Nur Alom (16) and a son of Abdul Habib (25) who is also a grandson of Nagu. They gave no reason for the arrests. They took the boys to the camp and detained them for one day, releasing the boys only after being paid 400,000 kyat in forced bribes.”188
As gunfire rained down on the terrified Rohingya villagers, they hid as best they could.
A number of Rohingya returned home after hiding in fear for hours, sometimes well into the night and even until the next morning.186
25
Many Rohingya suffered gunshot wounds as they tried to flee for their lives.
“The military arrested Enus (27, son of Ali Akbor) and made him pay 2.7 million kyat in forced bribes. They gave no reason for the arrest. Women gave the military the money they demanded and then he was released. He was detained for only one day but he was tortured. They cut up and wounded his ears. He is still getting treatment here in Bangladesh.”191
Ⅳ. Systematic Destruction of the Rohingya People
26
4. Arson and looting Security forces committed arson,192 with one witness reporting that it began in the south and east sides of the village.193 Security forces set fire to the Rohingya villagers’ homes by shooting launchers,194 beginning at 10:30 a.m. to 11:00 a.m.,195 2:00 to 3:00 p.m.,196 5:00 p.m.,197 , and 10:00 p.m.,198 depending on the village ward. Many survivors reported that security forces
burned down all the homes in the village,199 totaling 150-350 houses,200 and even burned cars, motor bikes, and cows.201 Security forces and Rakhine people also looted Rohingya property,202 including cars, motor bikes, cycles, solar panels, trunks, cattle, goats, and hens.203
D. Massacre on August 27, 2017
1. Siege of the Village Security forces perpetrated a full attack on Done Paik on August 27, 2017.204 They rushed in from vehicles,205 from the south,206 and the east,207 while firing their guns,208 as the villagers scattered and tried to escape the gunfire.209 The attack began in Bor Chor between 7:00 and 9:00 a.m.,210 and spread out to other wards between 12:00 p.m. and 2:00 p.m.,211 and between 3:00 p.m. and 5:00 p.m. after Zuhr prayer time.212 The security forces were comprised of military, BGP, and Rakhine people.213 Witnesses reported more than 100 forces,214 and a total of as many as 200-300 forces.215 They had been stationed at Nemmray in Boli Bazar,216 as well as the school and Rakhine village.217 The military wore green uniforms,218 with red marks.219 Witnesses also described red scarves, bendulla marks, flowers, and star and moon symbols.220 BGP forces wore mixed-color uniforms,221 or blue uniforms,222 with gun symbols.223 The security forces carried
big and long guns, including machine guns, AK47s, launchers, and rifles.224 Rakhine people, numbering 20-50,225 accompanied the security forces, wearing longyi pants and shirts,226 and carrying weapons including long knives, daggers, kris swords, choppers, axes, spears, and sticks.227 Survivors also reported that the military gave uniforms to the Rakhine people:228 “The civilians all wore one kind of uniforms. The government gave them the uniforms three days before the mass killing. They all looked like security forces.”229 “I recognized some of the civilians. Some were from our neighboring Rakhine village and some were from other Rakhine villages. They wore public dress. They also carried long guns that the security forces had given to them. And some carried knives, choppers, and long kris swords. The civilians came by helicopter to attack the Rohingya. This is the helicopter that carried gasoline to the riverbank at Tulatoli.”230 Imagery ©2018 CNES / Airbus, Digitalglobe, Map data ©2018 Google Done Paik village, “Before and After” arson and burning down houses
Ⅳ. Systematic Destruction of the Rohingya People
28
2. Killing of and Injury to Rohingya Villagers The reckless and indiscriminate gunfire killed many Rohingya villagers.231 Many of these victim-survivors were forced to abandon the dying and dead bodies of their family members, because it was heart-breakingly more urgent to flee and preserve their lives.232 The terrified refugees left the dying and dead bodies where they dropped and sometimes could not bury them.233
they shot us with a machine gun. They were only 15 yards away from us. Their bullet hit Moulana Kamal in his left arm and broke his arm. Their bullet hit me in my right elbow.”238 “I also saw the military injure Moulana Kamal (32, son of Abu) at about 2:00 p.m. on the west side of the pond. The military shot a handgun from approximately 100 yards away from him as he was running away. The bullet hit him in the right arm.”239
3. Unlawful Arrests Unlike the attack on August 26, 2017, this assault had few arrests, mostly because the military shot and killed all Rohingya they came upon.240 “Security forces also arrested villagers, but mostly they killed any Rohingya people they found.”241
4. Arson and looting Along with shooting countless Rohingya to death, the military set fire to the Rohingya
“I witnessed security forces kill Osman (22, son of Ladu) and Mohammed Ullah (30, son of Abdul Hakim) near the graveyard at approximately 3:30 p.m. I also saw their dead bodies the next day. I saw security forces kill so many villagers that I cannot remember their names. The military shot the villagers with guns, stabbed the bodies, and left the bodies where they fell. We could not bury the bodies because we had to flee for our lives.”234
29
villagers’ homes, 242 again at varying times depending on the ward, at 9:00 a.m.,243 between 11:00 a.m. and 12:00 p.m.,244 at 2:00 p.m.,245 and at 5:00 p.m. 246 The number of houses burned is estimated as 200-300 in Rida,247 500 in Bou Chor,248 and 350 in Sadulla Chor.249 The military set houses on fire by shooting launchers.250 Rakhine people later set more fires by pouring gasoline on the roofs.251 The security forces and Rakhine people looted Rohingya property,252 including cattle, fowl birds, and gold ornaments.253
E. Perpetrators
“I witnessed the military shoot two people to death: Osman (17, nephew) and son of Sayed (25). At about 2:00 p.m., to the side of the graveyard, the military killed the men with gunshots and then stabbed the dead bodies. We buried the bodies at the western side of the graveyard.”235
The raging gunfire also wounded many Rohingya villagers,236 as did beatings from security forces.237 “I had been sitting frozen in my home and watching the horrors, but then we fled to Bou Chor. At approximately 3:30 p.m., while trying to flee, I witnessed security forces injure many people, including Md Nur Alom (61, son of Hajee Abdu Sukkur) and Moulana Kamal (40, son of Abu). I witnessed so many villagers injured that I cannot remember them all. Security forces also injured me. “As we tried to hide from the security forces,
Ⅳ. Systematic Destruction of the Rohingya People
One Rohingya survivor suffered a gunshot wound as he hid from the security forces.
For the first stage of attack on August 26, 2017, the security forces had been stationed in Boli Bazar,254 as well as in a Rakhine village.255 Multiple witnesses estimated the number of security forces at 350-500.256 Other survivors estimated the security forces to number 100-200,257 but these witnesses may have perceived only a portion of the total forces as they fled from the attack. The military wore green uniforms,258 with red marks,258 like flowers or stars and lines on their shoulders.260 Witnesses also described bendulla marks and lines and stars.261 BGP forces wore mixed-color uniforms,262 with gun symbols.263 The security forces carried big and long guns, including machine guns, AK47s, launchers, and rifles.264 Rakhine people, numbering 2040, 265 accompanied the military and BGP forces, wearing longyi pants and shirts,266 and carrying weapons including long knives and kris swords, and sticks.267 One witness also reported that the military gave uniforms to the Rakhine people.268 Survivors recognized a number of the perpetrators,269 including the village administrator Aunggaya,270 the Rakhine man, Aungcha Mia
(35),271 and Bonai, the village administrator of Boli Bazar.272 “The civilians were Rakhine. I recognized two sons whose father was in the military as a government servant. There names were Aung Kyaw Min (26) and Shay Aung. Their father was Chin. He converted to Islam but his wife and children did not convert. When he converted, he then took the name Nojumul Islam.”273
For the second stage of massacre on August 27, 2017, the security forces were comprised of military, BGP, and Rakhine people.274 Witnesses reported more than 100 forces,275 and a total of as many as 200-300 forces.276 They had been stationed at Nemmray in Boli Bazar,277 as well as the school and Rakhine village.278 The military wore green uniforms,279 with red marks.280 Witnesses also described red scarves, bendulla marks, flowers, and star and moon symbols.281 BGP forces wore mixed-color uniforms,282 or blue uniforms,283 with gun symbols.284 The
Ⅳ. Systematic Destruction of the Rohingya People
30
security forces carried big and long guns, including machine guns, AK47s, launchers, and rifles.285 Rakhine people, numbering 2050,286 accompanied the security forces, wearing longyi pants and shirts,287 and carrying weapons
including long knives, daggers, kris swords, choppers, axes, spears, and sticks.288 Survivors also reported that the military gave uniforms to the Rakhine people.289
F. Escape to Bangladesh
Ⅴ. Facts from Initial Survey
ornaments that we wore.”292 “On August 27, 2017, my family and I fled from Done Paik and went to Alingarcher. We decided to escape to Bangladesh after the buckshot hit me. We walked through the forest for four days. Four people carried me. We faced many difficulties in our journey to Bangladesh. During the journey, I saw the dead bodies of killed Rohingya floating in the water, with the current taking them away from Tulatoli.”293 “We fled to Bangladesh after security forces burned down all of our homes and killed people in the villages of Tulatoli, Diyoltoli, and Whykhong. I walked through the forest, while carrying my parent who was unable to walk. As we escaped, helicopters flew over
31
us. There were many dead bodies and injured people on the way. I saw houses burning in the villages. We crossed the border by boat. We paid to the boat guide 107,000 kyat for 9 persons. I didn’t have so much money, so I borrowed it from others. I’m still paying back that debt to them.”294 “The military was burning down all the houses in Rohingya villages and killing Rohingya in all of our villages. So there was no way to stay there. We had much difficulty in getting to the border. We walked for three days through the forest. I heard guns shooting everywhere. I also saw the atrocities the Myanmar military had committed to Rohingya, including dead bodies like men, women, and children killed on the road and bodies burning in distant villages.”295
Ⅴ. Facts from Initial Survey Rohingyas arrive in Shah Porir Dip, Teknaf, Bangladesh on Oct 14, 2017. © CHO Jinsub
Most Rohingya unwillingly fled to Bangladesh, driven purely by fear for their lives. Many walked for days and had to pay exorbitant amounts of money of 15,000-40,000 kyat per person to cross the water. The survivors witnessed more atrocities as they escaped to safety.291 “I did not want to leave our country. But when I heard that the people of Tulatoli were being killed, then I decided to flee. I thought that security forces would not kill people
anymore, but they were killing us recklessly and indiscriminately. First, we fled from Bou Chor to Zimong Khali, then to Kiamong, then to Shil Khali. We were so hungry. We had no food to eat. When I remember the sorrows and hardships that we had there, I feel tears. We walked for four days through the forest. I saw dead bodies in the forest and injured people who were bleeding. We paid 200,000 to the boat guide. We did not have enough money, so we gave to him all of the gold
The initial survey defines one family as a unit of people who are from Done Paik and who live together in the camp. In the case of Done Paik, the survey covered 779 people in total, 503 men and 276 women. Of those surveyed, there were 6 children 10 years and younger; 86 people between the ages of 11 and 19; 243 people in their 20s; 173 people in their 30s; 95 people in their 40s; 109 people in their 50s; 48 person in their 60s; 17 people in their 70s; and 1 person in their 80s. Based on the initial survey, the number of people who were killed on August 26-27, 2017, amounts to 158. The names of the deceased are attached in the Appendix. Of the deceased, there were
43 children 10 years and younger; 15 people between the ages of 11 and 19; 39 people in their 20s; 20 people in their 30s; 11 people in their 40s; 7 people in their 50s; 1 person in their 60s; 1 person in their 80s; and 2 people of unknown age. Devastatingly, 56 of the deceased were under the age of 18. In addition, almost each and every interviewed person was both a victim of arson and robbery/ looting as well as a witness. Of the total 779 people interviewed, the sole exceptions were a tiny handful of 8 people who were not victims of looting and a single person who was not a victim of arson in Done Paik.
32
Ⅵ. Conclusion and Recommendations
Ⅵ. Conclusion and Recommendations
On August 26-27, 2017, the military, BGP, and mobilized Rakhine villagers besieged and breached Done Paik village and committed a massacre of Rohingya civilians, killing approximately 158 innocent residents of Done Paik. Villagers fled in a desperate effort to save their lives. The total extent of suffering of these survivors is horrifying. During the massacre, no information whatsoever reported any activity of ARSA or other similar insurgent groups. However, the destruction of life of the Rohingya people began much earlier. The government stole land from Rohingya and reallocated it to Rakhine. From 2012, the Rohingya villagers in Done Paik village were deprived of their basic rights in almost every aspect of daily life. From 2012 to 2016, a number of restraints sought to systematically destroy the ethnic Rohingya. First, all religious activities were banned. This included prayers at the mosque and holding religious ceremonies and events. If caught in any kind of religious practice, security forces forced fines from them and even arrested them. Second, to even marry, villagers had to acquire a certificate of permission from the military after paying an exorbitant amount of money. When the military issued a certificate of permission to marry,
they warned Rohingya not to have more than two or three children. If Rohingya had more than two children, the subsequent children were considered “illegal.” Third, the boundary of movement for Rohingya was systematically controlled and restrained. In order to visit other places, the Rohingya were required to get a series of permissions from the level of village, district, township, and to the capital (Sittwe) – which essentially meant that they needed the military’s permission. In addition, they were required to fill out Form No. 4 and pay an exorbitant amount of money in bribes. From 2016, they were forbidden from leaving their houses between the hours of sunset and sunrise. Fourth, the Rohingya were discriminated against in educational opportunity and employment. The Rohingya were not allowed to be public workers. Fifth, the military regularly conscripted Done Paik villagers into forced labor. The Rohingya were never paid any wages for their work. If they did not comply and provide forced labor, security forces forced fines from them and beat them. Sixth, Rohingya were denied medical treatment and healthcare. Seventh, from 2015, the Rohingya were deprived of voting rights, which had been legally exercised up to the year before. Lastly, no Rohingya was granted citizenship. The military
Ⅵ. Conclusion and Recommendations
33
in fact forced the Rohingya to register with NVC, which meant that they would be treated as foreigners.
of that country and we are the generation of ethnic Rohingya. We were citizens of that country, so we did not accept it.”299
When asked why Myanmar security forces perpetrated such terrible acts, Rohingya survivors spoke clearly:
“I think they did such things to our village because the government told us to register with NVC but we did not accept NVC because our progenitors were citizens of that country and we are also the Rohingya generation. So we did not accept it. We demanded of the government our Rohingya citizenship rights. So the government displaced us and we had to escape here to Bangladesh today.”300
“They did such horrible things because we follow the religion of Islam. If we were Buddhist or another religion, then they wouldn’t do anything to us. Their goal was to take away our property, to make us homeless, and especially to drive us away, because we are Muslim.”296 “I think the government did these things to Rohingya because we are Muslim. The government thought that if they burn down our houses, then we will flee to Bangladesh. So the government created this plan to displace us from that country.”297 “The government and the Rakhine hated us. The government registered us with temporary registration certificates and then took them back. Then they gave us receipt cards instead of temporary registration certificates. Then the government tried to give us NVC but we did not accept NVC because it is not for us. It is for guests and foreigners. That is why the fiends raped, fired gunshots, and burned down our houses. And also why my son was killed.”298 “I think that the atrocities were done because they wanted to displace us and not give back our citizenship rights like other ethnic people in that country. The government tried to force us to take NVC but we did not accept it. So the government displaced us and we had to flee here to Bangladesh. We did not register with NVC because our progenitors were citizens
The Rohingya may have found physical safety from persecution in the refugee camps in Bangladesh, but such shaky and uncertain quarters can hardly be considered homes, especially since the Rohingya have lived in Burma for generations, if not centuries. The Rohingya are aware of how they have suffered discrimination and persecution. Yet they desire to return to their homeland, provided that they can do so following Justice, with full citizenship rights, as well as all of the privileges and benefits those rights confer. Article II of the Convention on the Prevention and Punishment of the Crime of Genocide, as well as the Rome Statute of the International Criminal Court, set forth the following definition of “genocide:” “... any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group;
Ⅵ. Conclusion and Recommendations
34
(e) Forcibly transferring children of the group to another group.”301
In this report, Asian Dignity Initiative sought to explain how the Rohingya suffered from systematic destruction between 2012-2016, as well as to demonstrate that the massacre and atrocities committed on August 26-27, 2017 in the village of Done Paik followed the pattern of genocide and/or ethnic cleansing. Therefore, our view is that the international community needs to actively intervene and take steps to address the situation. During the course of conducting interviews, the survivors consistently declared their desire for justice, and now it is our turn to respond. For these reasons, we recommend the following. Firstly, the government and military of Myanmar must permit a thorough, effective, and unbiased investigation within the country. For this, the international community must provide political, financial, and technological support. However, considering that the Myanmar government and the military have denied the existence of the Rohingya, have outright denied the genocide, and have failed to cooperate with the international community's efforts to ascertain the truth, the international community, including the United Nations, should refer the case to the International Criminal Court or set up a special or ad-hoc court to investigate the case. To capture the many types and instances of genocide and ethnic cleansing, the truth-seeking inquiry must include the massacre in Done Paik, atrocities in the many other Myanmar villages where the Myanmar military and security forces attacked, and the systematic destruction that occurred starting in 2012 across the fabric of Myanmar society and government. Secondly, the truth-seeking investigation must proceed without grant of immunity to wrongdoers.
The focus of the investigation, the wrongdoers, occupy the highest levels of the Myanmar military and BGP, yet also include ordinary people from other ethnic minorities in Myanmar. In addition, officials of the Myanmar government, including State Counsellor Aung San Suu Kyi and other Cabinet Members, must also investigated for their roles in the atrocities. None of the actors should receive immunity or be exempt from from scrutiny. Thirdly, the Myanmar government must provide remedy and relief to the victims and survivors. The principle of restoration of previously-held rights is the basic foundation, with financial recompense to those for whom such restoration is insufficient, such as victims who have suffered psychological harm. In such situations, it is critical to respect and decide the specific substance and form of remedy and relief according to the wishes of the victims and the Rohingya community. Fourthly, the Myanmar government should introduce legislation and administrative measures to abolish systems and practices that discriminate against Rohingya. Social leaders and citizens who speak, advance, or promote hate speech and other forms of prejudiced information must be punished. Education should be provided to improve awareness in ordinary citizens of their deep-rooted hatred, bias, and discrimination. Fifthly, the Myanmar government must cease registering the Rohingya with NVC identification cards and must ensure restoration of their citizenship rights. Sixthly, the Myanmar government and the international community must actively guarantee and ensure participation of Rohingya people in the discussions about possible repatriation.
Ⅶ. Annex
35
Ⅶ. Annex Name Abadula Abdu Sukkur Abdul Amin Abdul Habis Abdul Karim Abdul Motolof Abdul Rokim Abdullah Abdur Rokim Abou Rohim Abu Kalam Abu Shoma Abul Kasim Abutakar Afeya Bi Bi Akbul Hossain Ali Ahamed Amena Khatun Amin Amina khatun Anos Anowar Hossen Anuwara Arfa Begum Arfa Khatun Arfan Arofa Asha Begum Asima Khatun Asiya Begum Asmettara Ayoup Azimullah Bolkija Bolkiyas Bolkiza Bosir Dil Ankis Dil Bahar Dil Mohamd Dildar Hossain Dillara Eddris Edires Eman Huson Faisal Fatama Gul Bar Haarulamin Hamid Hamiya Haru Ramin Harulamin HasonAmad
Age 6 27 25 10 45 31 52 25 70 55 25 60 10 35 1 22 45 40 25 72 6 35 16 5 30 3 28 24 15 30 4 36 20 70 65 70 35 45 38 60 27 25 35 25 35 3 30 75 25 4 70 30 18 60
Name Holil Ahmed Hosom Jamal Hossain Jamohamod Jofor Ahmmed Jonotara Kamal Hoda Kolima Korimullah Kulla Miya Lal Miya Lal Mohammed Maungsuramd Md Ahmin Md Alom Md Alom Md Amin MD Amin Md Anos Md Anos Md Ayas Md Ayoup Md Eliyas Md Enous Md fisel Md Hossain Md Hussain MD Juhar Md Kashim Md Noor Md Osman MD Rofick Md Rofique Md Shobi Md Solim Md Solim Md Solim Md. Rofik Md.Tahar Mokgul Ahmed Mokima khatun Morha Alom Mosana Mosofa Khatun Mosorofa Mostafa Mostafa Mujid Naser Niyamotullah Nojum uddin Noor Ahmed Noor Alom Noor Huson
Age 42 22 22 65 60 35 20 10 70 18 60 29 13 6m 25 35 25 6 8 5 45 7 18 8 12 45 19 40 2 25 25 17 12 22 25 6 30 60 55 47 50 20 70 3 60 50 35 17 45 23 55 7 60
Name Noor Kayas Noor Mostofa Nujumola Nur Bar Nur kolima Nur Nahar Nur Solam Nuro Alom Nuro Jama Nuro Jama Nurol Hakim Omor Faro Osman Osman Goni Rabiya Reyasula Rofik Rohima Khatun Rojina Rokeya Roma Khatun Romeda Rosheda Roshid Amed Rozeya Sadak Hosson Satayra Senoara Shair Mohammed Shakutara Shomshu ShomshuAlam Shomso Alom. Solimullah Somit ddin Somoda Begum Sona Banu Sona Mia Sora Khatun Soyat Alom Soyodullah Soyot Alom Tosminara Toyoba Khatun Yasmin Ara Yasminara Zafor Alom Zahait Alom Zahid Hossain Zaida Bg Zonait hussen ZuRakatu
Age 8 18 8 25 5 45 7 28 60 60 27 5 3 25 20 4 7 25 2 14 27 35 2 30 9 6m 20 12 50 7 30 27 25 25 3 7 25 25 30 6 10 1 80 4 6 20 10 17 60 3 60
Endnotes
36
Endnotes 1.
This project was funded by Gwangju Human Rights Peace Foundation (interviews), and Human Rights Foundation Saram (initial survey). 2. “’No one was left:’ Death and violence against the Rohingya in Rakhine State, Myanmar,” Doctors Without Borders, March 2018, available at https://www. doctorswithoutborders.org/sites/default/files/201808/%27no-one-was-left%27_-death-and-violenceagainst-the-rohingya-in-rakhine-state%2C-myanmar. pdf. 3. “We’ll turn your village into soil: Survivors recount one of Myanmar’s biggest massacres,” The Wall Street Journal, 11 May 2018, available at https:// www.wsj.com/articles/burn-the-houses-rohingyasurvivors-recount-the-day-soldiers-killed-hundreds1526048545?mod=e2fb. 4. “A genocide incited on Facebook, with posts from Myanmar’s military,” The New York Times, 15 October 2018, available at https://www.nytimes. com/2018/10/15/technology/myanmar-facebookgenocide.html. 5. “Investigators call for genocide prosecutions over slaughter of Rohingyas,” CBS News, 2 August 2018, available at https://www.cbsnews.com/news/rohingyacrisis-myanmar-genocide-military-commanders-unhuman-rights-mission/; “Peace Prize Laureates accuse Myanmar leaders of genocide against Rohingya,” CBS News, 1 March 2018, available at https://www. cbsnews.com/news/nobel-peace-prize-laureates-accusemyanmar-military-aung-san-suu-kyi-genocide-againstrohingya/. 6. Physicians for Human Rights, “Please tell the world what they have done to us,” 19 July 2018, available at https://rohingya.phr.org/resources/ chutpyin/?ms=homepagebanner. 7. Note that, in their sworn statements, many Rohingya survivors use the terms BGP and Na Sa Ka interchangeably. 8. “Report of the detailed findings of the Independent International Fact-Finding Mission on Myanmar A/HRC/39/CRP.2,” 18 September 2018, available at https://www.ohchr.org/Documents/HRBodies/ HRCouncil/FFM-Myanmar/A_HRC_39_CRP.2.pdf. 9. “Accountability for atrocities in Myanmar ‘cannot be expected within its borders -- UN investigator,’” UN News, 24 October 2018, available at https://news. un.org/en/story/2018/10/1024062. 10. ISCG, map ID_0216, 26 February 2018 11. ISCG, map ID_0216, 26 February 2018 12. Affidavit – Case Number DP10 – Done Paik (hereinafter
13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63.
“DP10,” with the same rule applying in numbering Done Paik cases). DP01, DP03, DP04, DP07, DP09, DP10, DP14, DP15, DP17, DP18, DP19. DP04, DP15, DP18. DP02, DP04, DP06, DP15. DP01, DP03, DP04, DP05, DP06, DP08. DP02, DP10. DP02. DP02, DP03, DP05, DP06, DP15, DP16, DP18. DP07, DP11, DP18. DP11, DP16. DP03, DP05, DP15. DP01. DP04. DP18. DP01, DP02, DP03, DP06, DP10. DP01. DP03. DP04. DP05. DP06. DP02, DP12, DP15. DP02, DP14, DP18. DP01, DP04, DP07, DP14, DP17, DP18. DP14. DP07. DP08. DP16. DP11, DP18. DP11, DP18. DP11. DP04. DP11. DP11, DP17, DP18, DP19. DP01, DP03, DP04, DP05, DP06, DP08, DP14, DP16. DP10. DP01, DP03, DP04, DP05, DP07, DP08, DP09, DP15, DP16, DP18, DP19. DP10, DP11, DP14, DP17. DP11, DP17. DP09. DP11, DP14. DP11, DP17, DP19. DP15. DP09, DP15. DP07, DP08, DP14. DP04, DP07, DP08. DP15. DP01. DP15. DP01, DP06. DP11. DP18. DP02, DP03, DP04, DP05, DP06, DP07, DP10, DP11, DP16, DP17, DP18, DP19.
Endnotes
64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75.
DP01, DP03, DP14. DP05, DP06. DP02, DP09. DP02. DP11. DP16. DP01, DP15. DP01, DP03, DP04, DP05, DP14. DP11, DP16. DP01, DP04. DP11, DP17. DP01, DP02, DP03, DP04, DP05, DP06, DP07, DP11, DP15, DP16, DP17, DP18, DP19. 76. DP11. 77. DP03, DP05, DP14. 78. DP04, DP11. 79. DP19. 80. DP10, DP16. 81. DP10. 82. DP01. 83. DP04. 84. DP15. 85. DP01, DP06, DP07, DP10, DP11, DP14. 86. DP11. 87. DP11. 88. DP10. 89. DP04, DP16. 90. DP07. 91. DP16. 92. DP07, DP08, DP10, DP14, DP15. 93. DP15. 94. DP08. 95. DP07. 96. DP14. 97. DP01, DP02, 98. DP04. 99. DP06, DP16, DP18. 100. DP04. 101. DP16. 102. DP18. 103. DP03. 104. DP01, DP03, DP04, DP06, DP08, DP11, DP14, DP15. 105. DP03, DP14. 106. DP04. 107. DP16, DP18. 108. DP01. 109. DP03. 110. DP18. 111. DP02, DP05. 112. DP08. 113. DP01, DP02, DP04, DP05. 114. DP07. 115. DP02. 116. DP14. 117. DP01, DP02, DP07, DP09, DP11, DP15, DP16. 118. DP18. 119. DP11.
37
120. DP19. 121. DP01, DP02, DP09, DP15, DP16. 122. DP01, DP07, DP11, DP16. 123. DP02. 124. DP01. 125. DP02. 126. DP06, DP07, DP08, DP15, DP16. 127. DP07. 128. DP16. 129. DP08. 130. DP06. 131. DP01, DP03, DP04, DP05, DP14, DP18. 132. DP01, DP03, DP04, DP05. 133. DP01-DP19. 134. DP01. 135. DP01, DP02, DP04, DP05, DP06, DP15, DP16, DP17, DP18, DP19. 136. DP17. 137. DP04. 138. DP01, DP02, DP03, DP04, DP05, DP06, DP09, DP10, DP11, DP14, DP15, DP16, DP19. 139. DP07, DP09, DP11, DP17. 140. DP07. 141. DP04, DP09, DP10, DP17. 142. DP14, DP16, DP18. 143. DP04, DP09, DP17. 144. DP11. 145. DP17. 146. DP04. 147. DP09. 148. DP10. 149. DP02. 150. DP01. 151. DP10. 152. DP11. 153. DP10. 154. DP03, DP05, DP11, DP15, DP19. 155. DP06, DP07, DP09, DP16, DP18. 156. DP15, DP18. 157. DP07, DP08, DP09, DP10, DP16, DP17, DP18. 158. DP04, DP05, DP06. 159. DP02, DP11, DP15. 160. DP01, DP03, DP19. 161. DP16. 162. DP01, DP03, DP05, DP14, DP16, DP17. 163. DP02, DP06, DP15 164. DP01, DP11, DP19. 165. DP02, DP06, DP07, DP14, DP16. 166. DP01, DP02, DP04, DP05, DP06, DP07, DP14, DP15, DP16, DP18. 167. DP04, DP05. 168. DP02, DP16, DP18. 169. DP01, DP16. 170. DP14, DP16. 171. DP01, DP18. 172. DP01, DP14. 173. DP06, DP15.
38
174. DP01, DP05, DP06, DP15, DP16. 175. DP01, DP05, DP06, DP14, DP15, DP16. 176. DP16. 177. DP01, DP07, DP14, DP15, DP17, DP18, DP19. 178. DP18. 179. DP17. 180. DP18. 181. DP01. 182. DP16. 183. DP02, DP04, DP07, DP14, DP16, DP17, DP18. 184. DP14. 185. DP11. 186. DP03, DP05, DP06, DP14, DP15. 187. DP16. 188. DP04. 189. DP15. 190. DP10. 191. DP18. 192. DP01, DP02, DP03, DP06, DP11, DP15, DP19. 193. DP01. 194. DP06, DP11, DP16, DP16, DP17, DP19. 195. DP06, DP16. 196. DP01, DP02. 197. DP03. 198. DP01, DP11, DP15, DP16, DP17, DP19. 199. DP01, DP02, DP03, DP06, DP16. 200. DP16. 201. DP17. 202. DP01, DP02, DP15. 203. DP06, DP15, DP16. 204. DP01, DP05, DP09. 205. DP04, DP14. 206. DP01, DP05, DP06, DP08, DP10, DP15. 207. DP14, DP15. 208. DP01, DP03, DP04, DP05, DP06, DP08, DP09, DP14. 209. DP01, DP03, DP04. 210. DP06, DP09, DP10, DP15. 211. DP04, DP05, DP08, DP14. 212. DP01, DP03. 213. DP01, DP07, DP10, DP14. 214. DP05, DP06, DP08, DP09, DP15. 215. DP01, DP07, DP10, DP14. 216. DP01, DP05, DP14. 217. DP03, DP09, DP10. 218. DP01, DP03, DP04, DP05, DP06, DP07, DP09, DP10, DP14, DP15. 219. DP03, DP05. 220. DP01, DP10, DP14, DP15. 221. DP04, DP05, DP10, DP14. 222. DP01, DP07. 223. DP01. 224. DP07, DP14. 225. DP01, DP03, DP06, DP14, DP15. 226. DP01, DP03, DP04, DP05, DP14. 227. DP01, DP03, DP04, DP05, DP10, DP14, DP15 228. DP08, DP10. 229. DP08.
Endnotes
230. DP10. 231. DP01, DP05. 232. DP01. 233. DP01. 234. DP01. 235. DP04. 236. DP01, DP05. 237. DP03, DP14. 238. DP01. 239. DP04. 240. DP01. 241. DP01. 242. DP03, DP05, DP08, DP09, DP10, DP14. 243. DP09, DP15. 244. DP07, DP08. 245. DP05, DP17. 246. DP03. 247. DP03, DP07. 248. DP03, DP10. 249. DP07. 250. DP03, DP04, DP05, DP07, DP08, DP09, DP10, DP14, DP15, DP17. 251. DP08, DP10, DP14. 252. DP03, DP07, DP08, DP14, DP15. 253. DP03. 254. DP01, DP03, DP05, DP14, DP16, DP17. 255. DP02, DP06, DP15 256. DP01, DP11, DP19. 257. DP02, DP06, DP07, DP14, DP16. 258. DP01, DP02, DP04, DP05, DP06, DP07, DP14, DP15, DP16, DP18. 259. DP04, DP05. 260. DP02, DP16, DP18. 261. DP01, DP16. 262. DP14, DP16. 263. DP01, DP18. 264. DP01, DP14. 265. DP06, DP15. 266. DP01, DP05, DP06, DP15, DP16. 267. DP01, DP05, DP06, DP14, DP15, DP16. 268. DP16. 269. DP01, DP04, DP06, DP15, DP16, DP18. 270. DP06. 271. DP01, 272. DP04. 273. DP16. 274. DP01, DP07, DP10, DP14. 275. DP05, DP06, DP08, DP09, DP15. 276. DP01, DP07, DP10, DP14. 277. DP01, DP05, DP14. 278. DP03, DP09, DP10. 279. DP01, DP03, DP04, DP05, DP06, DP07, DP09, DP10, DP14, DP15. 280. DP03, DP05. 281. DP01, DP10, DP14, DP15. 282. DP04, DP05, DP10, DP14. 283. DP01, DP07.
Endnotes
284. DP01. 285. DP07, DP14. 286. DP01, DP03, DP06, DP14, DP15. 287. DP01, DP03, DP04, DP05, DP14. 288. DP01, DP03, DP04, DP05, DP10, DP14, DP15 289. DP08, DP10. 290. DP01, DP06, DP15. 291. DP02, DP09, DP14, DP18. 292. DP14. 293. DP02. 294. DP09. 295. DP18. 296. DP14. 297. DP15. 298. DP17. 299. DP18. 300. DP19. 301. Convention on the Prevention and Punishment of the Crime of Genocide, Art. II; Rome Statute of the International Criminal Court, Art. 6.
39
â…§. Acknowledgments
40
â…§. Acknowledgments
This report was produced through the support of many individuals and organizations. We would like to express our respectful gratitude to Gwangju Human Rights Peace Foundation, Human Rights Foundation Saram, Truth Foundation, and Hanwoo Memorial Fund for supporting our work in documenting human rights condition of Rohingya. Warm gratitude to Jung Jiwon and Kang Heewon, who poured their hearts out in working on this publication. To photographer Cho Jinsub, who visited the camps with Asian Dignity Initiative, sharing in our
joys and sorrows while also sharing in our work in documenting human rights, and who helped greatly in editing the photographs for this report, a special thank you. Thank you from the bottom of our hearts, to the six activists who traveled to the ramshackle Rohingya refugee camps in 2018 to conduct interviews with survivors and to gather their evidence. And most importantly, our deepest gratitude to the Rohingya survivors of Done Paik village. Our work would not exist without your assistance and bravery in speaking your truth. Thank you.