On November 15, 2023 a Joint Statement was issued by Canada, Denmark, France, Germany, the Netherlands and the United Kingdom. It was in the form of a joint declaration of intervention in Gambia's case against Myanmar at the International Court of Justice.
The statement was as follows: "On November 15, Canada, Denmark, France, Germany, the Netherlands and the United Kingdom filed a joint declaration of intervention in the case brought by The Gambia against Myanmar at the International Court of Justice. In these proceedings, The Gambia alleges violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention). It argues that Myanmar's security forces perpetrate widespread and systemic "clearance operations" against the Rohingya, and that "genocidal acts committed during these operations were intended to destroy the Rohingya as a group, in whole or in part, by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages, often with inhabitants locked inside burning houses. Canada, Denmark, France, Germany, the Netherlands and the United Kingdom are exercising the right to intervene in this case under Article 63(2) of the Statute of the Court in order to set out their interpretation of the relevant provisions of the Genocide Convention before the Court. They recall that the Genocide Convention requires States Parties to prevent the crime of genocide and hold those responsible to account. Canada, Denmark, France, Germany, the Netherlands and the United Kingdom further reaffirm their commitment to accountability and the international legal order and stress the Court's vital role in the peaceful settlement of disputes as the principal judicial organ of the United Nations."
The European Union has also as a Group which participated in deliberations in the 78th UN General Assembly 3rd Committee in New York and issued a statement after adoption of the Resolution on the Situation of human rights of Rohingya Muslims and other minorities in Myanmar at that time. The EU Delegation representative speaking on behalf of the European Union and its Member States observed that the EU together with the OIC, introduced and sponsored the resolution on the human rights situation of Rohingya Muslims and other minorities in Myanmar.
It was pointed out that "this resolution is about the atrocities committed against the Rohingya Muslims in Myanmar for many years, which in 2017 led to more than one million being forced to flee the country. It is also about human rights violations and abuses against other minorities and the population of Myanmar since the unjustified, illegal and unconstitutional military coup in February 2021, that forcibly overthrew the democratically elected government and threw the country into brutal conflict and repression.
Since last year, the human rights and humanitarian situation in Myanmar has further deteriorated. Violence and armed conflict have spread across the country, and the Myanmar armed and security forces have increased widespread, deliberate and indiscriminate use of force against the civilian population, including by aerial attacks and burning of villages and IDP camps, mass killings, torture, maiming and sexual- and gender-based violence. Politicians, journalists, civil society activists and peaceful protesters continue to be arbitrarily detained. Martial law has been imposed in parts of the country and 18 million people, a third of the population, are now in need of humanitarian assistance. At the same time, the Myanmar military continues to deliberately block and obstruct humanitarian aid to reach those in need, including after the devastating Cyclone Mocha hit Rakhine State in May. With the current situation in Myanmar, there is little hope and prospects for the safe, voluntary, dignified and sustainable return of Rohingya refugees who continue to be generously hosted in Bangladesh.
The international community cannot stand idle by while these atrocities continue in Myanmar. That is why the EU, together with OIC, puts forward this resolution to call on the international community to act to stop these atrocities.
This year's text aims to reflect the deteriorating situation in Myanmar as just described. The text recalls Security Council resolution 2669, requesting the Secretary-General to appoint a new Special Envoy and develop a strategy for Myanmar, while recognizing the important role and work of ASEAN in facilitating a peaceful solution to the crisis. The text contains stronger language in relation to international humanitarian law, on the rights of children, and maintains a strong focus on the need for accountability, including through ongoing procedures of ICC and ICJ, and the work of the Independent Investigate Mechanism for Myanmar".
The EU also observed that it remains deeply worried that the military build-up and continued flow of arms, weapons and technology to the Myanmar military gravely undermine human rights", which they feel need to have been reflected in the current resolution.
Nevertheless, they have underlined that they believe that the text sends an important message that the General Assembly remains engaged and committed to address the situation in Myanmar. They also took this opportunity to thank "the OIC facilitators, Bangladesh and the Kingdom of Saudi Arabia and all co-sponsors of this important resolution for their very good cooperation in preparing the resolution this year". In this context it was also reiterated that "the EU continues to stand with the people of Myanmar, including Rohingya and other minorities, and fully support their democratic will and aspirations and their legitimate right to live in peace and respect for their human rights and fundamental freedoms".
In another full day of action, the Third Committee which deals with Social, Humanitarian and Cultural issues also approved six resolutions on the human rights situations in Ukraine, Syria, Iran, Myanmar and the Democratic People's Republic of Korea.
The Committee first turned to the draft resolution titled "Situation of human rights in the Democratic People's Republic of Korea (DPRK)" which the Chair noted contains no programme or budget implications. Spain introduced the draft on behalf of the European Union and pointed out that the resolution reflects deep concern regarding the human rights situation in the Democratic People's Republic of Korea. Noting no "improvements in the past year", the resolution included renewed calls for cooperation with UN mechanisms, including the Special Rapporteur. There were also references about links between the human rights situation and broader peace and security, as well as the disproportionate impact on women and girls. The resolution calls for continued engagement by the international community, including international staff of humanitarian agencies who had to leave the country and suspend projects in 2022.
In response the representative of the DPRK rejected the resolution as an "anti-DPRK political plot" with no relevance to the genuine protection of human rights. It was also observed that such observations originated because of the United States with the ulterior purpose to defame, demonise and eliminate his country's socialist system. In this regard the European Union was also taken to task for "clamouring about human rights problems in one nation instead of saying something about Israel".
In response, the Representative of the USA said that "the Democratic People's Republic of Korea is one of the world's most repressive States, imposing severe restrictions on freedoms of expression, peaceful assembly, association, religion and movement. The country continues to commit widespread abuses and violations, while expanding its repressive policies beyond its borders through transnational repression and efforts to monitor North Koreans overseas". The UK Representative, a co-sponsor of the Resolution, called on DPRK to "allow full, unhindered access for humanitarian organisations to assist those in need, and called on the government to cease diverting resources to illegal weapons programmes".
It may be noted here that the Committee subsequently approved by consensus, resolutions on the human right situations in Myanmar and the Democratic People's Republic of Korea, as well as on assistance to refugees, returnees and displaced persons in Africa.
It would also be worthwhile to draw attention to comments made at this juncture after the approval, by the Venezuela Representative speaking on behalf of the Group of Friends in Defence of the Charter of the United Nations. He significantly noted that "the presentation of country-specific resolutions without the concerned State's consent goes against the principles of impartiality, objectivity, transparency, non-selectivity, non-politicization and non-confrontation. Venezuela disassociates from the resolution, as it undermines friendly relations among nations and international cooperation". He also firmly rejected "any double standard" and expressed "serious concern at the growing proliferation of mechanisms that pretend to make impartial assessments of human rights situations in certain States". He also strongly urged States "to refrain from employing and to lift any unilateral coercive measures that impede the full achievement of economic and social development".
Interestingly, the Singapore Representative while abstaining on all country-specific human rights resolutions before the Committee, said his delegation does not support such resolutions as a matter of principle. It was also observed that country-specific resolutions should not only be addressed under the Human Rights Council's universal periodic review process but also that country-specific resolutions are inherently divisive and counterproductive, and do not serve their declared purpose of making a difference in the lives of people concerned. At the same time the Representative correctly noted that Singapore has always taken the position that every Member State has the obligation to promote and protect all human rights and fundamental freedoms.
Muhammad Zamir, a former Ambassador, is an analyst specialised in foreign affairs,
right to information and good governance.
© 2024 - All Rights with The Financial Express
