Bangladesh: Rohingya refugees must not be relocated to uninhabitable island

The Bangladesh government must abandon all plans to relocate more than 100,000 Rohingya refugees on to an uninhabitable island.

On Tuesday, the Bangladesh government approved a $280 million plan to develop the isolated, flood-prone and uninhabitable Thenger Char to temporarily house Rohingya refugees until they are repatriated to Myanmar.

“It would be a terrible mistake to relocate the Rohingya refugees to an uninhabitable island that is far from other refugee settlements and vulnerable to flooding.”

Biraj Patnaik, Amnesty International’s South Asia Director.

“It would be a terrible mistake to relocate the Rohingya refugees to an uninhabitable island that is far from other refugee settlements and vulnerable to flooding,” said Biraj Patnaik, Amnesty International’s South Asia Director.

“Having opened its doors to more than 600,000 Rohingya over the past three months, the Bangladesh government now risks undermining the protection of the Rohingya and squandering the international goodwill it has earned. In its desperation to see the Rohingya leave the camps and ultimately return to Myanmar, it is putting their safety and well-being at risk.”

The Thenger Char, also known as Bhashan Char island, only emerged into view 11 years ago. During monsoon season, it is highly vulnerable to flooding.

The humanitarian community has warned of the dangers to the Rohingya refugees if they are relocated to what is widely considered an uninhabitable island – located two hours away from the nearest settlement, making it harder for humanitarian assistance to reach the refugees.

Repatriation Agreement

Last week, the Bangladesh government signed a deal with the Myanmar government to repatriate the more than 700,000 refugees who fled unlawful killings, rape and the burning down of entire villages in northern Rakhine State during military attacks in October 2016 and August 2017.

Amnesty International recently published a detailed analysis into the root causes of the plight of the Rohingya, establishing that they have been trapped in a vicious system of state-sponsored, institutionalized discrimination that amounts to apartheid.

“Bangladesh still should postpone any repatriation agreement until conditions are in place for refugees to return voluntarily and in safety and dignity.”

Biraj Patnaik.

“Bangladesh still should postpone any repatriation agreement until conditions are in place for refugees to return voluntarily and in safety and dignity,” said Biraj Patnaik.

Children suffer as PM Turnbull delays youth justice change

Alongside the Indigenous-led Change The Record coalition, Amnesty International has released a National Plan of Action calling for an overhaul of Australia’s youth justice system.

Released 10 days after the Federal Government pledged national commitment on youth justice, Free to be kids: National Plan calls on Prime Minister Turnbull to end the abuse and overrepresentation of Aboriginal and Torres Strait Islander children in Australian prisons.

Commitment to youth justice

Launched in response to the Royal Commission into the Protection and Detention of Children in the Northern Territory report released on 17 November, the plan includes strategies to:

  • support children and families to stay together
  • raise the age of criminal responsibility to 14
  • set national justice targets
  • invest in Indigenous-led prevention and support programs.

“The most shocking thing about the Royal Commission findings are that the abuses are happening in every state and territory,” said Claire Mallinson, National Director, Amnesty International Australia.

“Every day the Prime Minister delays taking action, children are self-harming, or being held in solitary confinement. They are being denied basic needs, being restrained or handled inappropriately, being verbally or physically abused in Australian child prisons.”

“What’s more, Indigenous children are 25 times more likely to be locked up than non-Indigenous children.”

Brutal

Barely a week after the Royal Commission report, the Northern Territory Government has announced it will send the Territory Response Group, from the counter-terrorism taskforce, into Darwin and Alice Springs. The police will be equipped with military-grade assault weapons to patrol children at night over December.

“The decision flies in the face of the Northern Territory Royal Commission report, which recommended a shift away from tough, brutal responses to a focus on prevention, diversion and supporting families. It shows, yet again, that we need Federal leadership to set a standard across the states and territories,” said Claire Mallinson.

Our recent ReachTEL poll found two out of three Australians believe the Turnbull Government should lead national action to end the injustice of too many Indigenous kids in prison.

“We welcome the Turnbull Government’s acknowledgement that the Royal Commission findings have national implications, and the Government’s commitment to lead national change of the youth justice system,” said Claire Mallinson.

A number of recommendations in the Royal Commission report would make a significant difference if implemented nationally. These include those about diversion; supporting families; raising the minimum age of criminal responsibility; bail support services and accommodation; and ending abusive practices in prison, like banning spithoods, restraint chairs and teargas.

Government commits to change

Indigenous Affairs Minister Nigel Scullion said the Government would develop a Royal Commission response, “not only here in the Northern Territory, but across every jurisdiction in Australia. Every other jurisdiction will be looking to the Northern Territory and the Commonwealth for leadership about change throughout our jurisdictions and I know that [Chief Minister Michael Gunner] and I are committed to working together to provide that leadership.”

“With today’s plan, Prime Minister Turnbull can turn those words into solid policies,” said Claire Mallinson.

“He must commit to work in partnership with Indigenous communities to nationally reform the youth injustice system. This is the only way to achieve real progress, not only for kids suffering in prison now, but for the next generation of Indigenous children.”

Bearing witness to the refugee crisis at the gateway to Europe

Our National Director Claire Mallinson has just spent a week in Greece and Italy — two countries that have become the gateways to Europe for refugees and people seeking asylum. This is her second update. Catch up on her first update here.

Lampedusa and Sicily

Lampedusa is roughly halfway between Libya and Sicily, and over the last 30 years has seen hundreds of thousands of people cross the water to seek asylum. There, I met Dr Pietro Bartolo, an inspiring charismatic doctor who has helped countless refugees and migrants. You can see him in the film Fire at Sea which you can watch the trailer for here.

Pietro shared with us the stories and images of the men, women and children who had experienced years of suffering as they flee wars in Syria and Afghanistan, and poverty in Africa.

Libya is described by everyone he has treated as “hell”. This phrase was repeated to me time and again by people I met in Sicily.

A sign in Lampedusa reading 'Protect people not borders'.

Pietro told us that every woman who had come via Libya had been raped — many multiple times. He showed us images of children who were starved and then “skinned” so badly that their legs had to be amputated. The lethal combination of benzine and seawater on skin literally burns and peels skin away from your body. This is mostly happening to women and children, as they tend to be sitting in the middle of the small boats as this is thought to be the safest place.

After meeting Pietro, we met with the courageous members of the Italian coastguard who have helped rescue thousands of people. Thanks to Amnesty’s efforts, we helped to get the coastguard the best possible boats to make rescues and save lives at sea.

Villa Skania Centre, Sicily

The majority of people who arrive in Lampedusa are sent to Sicily. I visited an open centre about two hours from Palermo.

At this centre, I again heard the phrase “Libya is hell”, and women and men described how they were robbed, tortured, raped, kidnapped and attacked.

Their journeys are long — two years on average. Some have traveled for seven years. Some have crossed deserts, others mountains, and many of their family members and friends lost their lives along the way.

The impacts of these journeys stays with them forever, visibly on their bodies and less visibly in their minds. And yet, these babies, children, women and men have committed no crimes. Europe has not only turned its back on vulnerable people, but sadly, it has now started to adopt some of the Australian government’s worst policies which lead to abuse, deaths and despair.

It’s clear from my trip to Italy and Greece that we must redouble our efforts and get our leaders to adopt a better plan for refugees.

There is a better approach — one that ensures safe pathways, increased humanitarian settlement places, wealthy countries taking their fair share of the burden and treating everyone with dignity.

Please join us in advocating for a #BetterPlan, and be on the right side of history.

MANUS ISLAND: Lives at risk as authorities attempt to move refugees

Responding to the news that the Papua New Guinea authorities have sent in immigration officials armed with sticks and knives into the Lombrum refugee detention centre at around 8.00am on Thursday 23 November on Manus Island, Papua New Guinea, Amnesty International said:

“The risks of serious injury if the authorities use force now is completely foreseeable. The government is knowingly placing the refugees at risk,” said Kate Schuetze, Amnesty International’s Pacific Researcher who has just returned from Manus.

“The risks of serious injury if the authorities use force now is completely foreseeable. The government is knowingly placing the refugees at risk.”

Kate Schuetze, Amnesty International’s Pacific Researcher who has just returned from Manus.

“There is no justification for this action. International law and standards demand that refugees enjoy international protection. The country where they sought refuge – Australia – has violated their rights at every turn. PNG has aided and enabled Australia’s policy of cruelty and degradation of the refugees.  Now the PNG authorities are putting their lives at risk.”

One of those arrested by police this morning, is journalist and human rights activist Behrouz Boochani, who has exposed to the world the extent of the abuse being experienced by all of the men in the detention camp on Manus. It is not clear why Behrouz Boochani has been arrested. However, it seems this is a deliberate attempt to isolate human rights activists from the wider group.

“The arrest of Behrouz Boochani as a so called ring leader of the peaceful protest on Manus Island is deeply misguided. It violates his rights, and sends a terrible signal about PNG’s intentions with regard to the remaining 400 plus men. He must be immediately and unconditionally released from police custody.”

Kate Schuetze.

“The arrest of Behrouz Boochani as a so called ring leader of the peaceful protest on Manus Island is deeply misguided. It violates his rights, and sends a terrible signal about PNG’s intentions with regard to the remaining 400 plus men. He must be immediately and unconditionally released from police custody,” said Kate Schuetze.

 Three other refugees are at risk of arrest on the same grounds. All these men were arrested and detained in 2015 for peaceful protests at the refugee detention centre..

“The governments of Australia and PNG have deliberately cut off services and PNG is now escalating the situation by arresting Behrouz Boochani – all in an effort to coerce the refugees to move. His arrest also appears to be a reprisal for his reporting on the human rights situation within the camp,” said Kate Schuetze.

Amnesty International has repeatedly called for humanitarian aid to be provided to the refugees while a safe and dignified solution is worked out, in consultation with them and respecting their rights.

“The most obvious solution is for Australia to bring all of the men to Australia.  They are clearly not safe in PNG,” said Kate Schuetze.

Amnesty International has long called for the camp on Manus Island to be closed and the refugees brought to safety in Australia. What has happened instead is closure of one camp, and opening another on the same island, in a location on Manus where the refugees would be even less safe.

Background

Around 420 refugees remain at the centre after the provision of all services was withdrawn, including food, water, power and medical care on 31 October. The men have been surviving on food that they have been able to smuggle into the camp and rain water. PNG authorities have tried to undermine efforts of refugees to survive at the camp by stopping food coming in, sabotaging water tanks and water storage created by refugees and denying them the ability to purchase over the counter medications in the Lorengau town.

The decision to forcibly move the refugees is misguided. Any use of force in this highly charged environment is likely to risk serious injury. In April this year PNG security forces fired shots into the centre after a dispute broke out. Any use of firearms would mean a lethal risk to the refugees.

The refugees do not want to move from the new camp because they are being asked to move to a location where they fear for their safety. Amnesty International’s research confirms their fears are well-founded.  Refugees have been attacked and seriously injured by some members of the local population who have made clear they do not want the men on Manus. Refugees have little or no protection from these attacks except to live inside detention centres.

Rohingya Crisis: Australia out of step as U.S. State Department acknowledges ethnic cleansing in Myanmar

United States Secretary of State Rex Tillerson called the sustained and systemic attacks on the Rohingya population by the Myanmar military “ethnic cleansing” overnight  in an acknowledgment of the nature of the humanitarian crisis. He also called for an independent probe into north Rakhine State. The announcement comes a week after promising an additional US$47 million in humanitarian aid. This further highlights how out of step Australia is in responding to the Rohingya crisis.

“Amnesty International’s message on this is really clear – governments around the world who continue to train or sell arms to Myanmar’s military are propping up a force that is carrying out a vicious campaign of violence against the Rohingya that amounts to crimes against humanity,” said Amnesty International Australia’s Crisis Campaigns Coordinator Diana Sayed.

“As our own researchers have documented on the ground, the Myanmar military has been brutally murdering, raping, and burning the Rohingya for months. Secretary Tillerson’s acknowledgement of ethnic cleansing and call for an investigation sets an example for how the world can respond to this crisis. The time for outrage and condemnation has passed. The international community must impose a comprehensive arms embargo and targeted financial sanctions against senior Myanmar military officials responsible for crimes against humanity,” said Joanne Lin, national director of advocacy and government relations for Amnesty International USA.

Over 620,000 Rohingya – comparable to the population of Washington DC – have poured into neighboring Bangladesh in the span of two months. Tillerson had previously stated that he holds the leadership of the Myanmar military responsible for attacks carried out against the Rohingya people and their villages and that “the world can’t stand idly by and be witness to the atrocities that are being reported in the area.”

Amnesty International documented the devastation caused by the military in a recent report, and has confirmed that the military has placed landmines near the border with Bangladesh where Rohingya refugees have fled to seek safety. This week the organisation issued a report declaring the treatment of the Rohingya in Myanmar as apartheid.

“Caged without a roof”: Apartheid in Myanmar’s Rakhine State

Since August, security forces in Myanmar have waged a devastating campaign of violence against the Rohingya minority in Rakhine State.

An unknown number have been killed, women and girls have been raped, at times in front of their families, and entire villages have been burned to the ground. As a result, more than 600,000 Rohingya have fled into neighbouring Bangladesh.

Amnesty International researchers have carried out a two-year investigation into the root causes of these appalling events. Our report, “Caged without a roof”: Apartheid in Myanmar’s Rakhine State, reveals how Myanmar’s authorities have confined the Rohingya to what is effectively an open-air prison through a vicious system of institutionalised discrimination and segregation that severely restricts their human rights. It’s a system that affects their freedom of movement, their ability to access adequate food and healthcare, and their right to an education.

Amnesty International concluded that this treatment amounts to apartheid.

“We don’t have access to healthcare, to education, there are restrictions on travelling…it’s like being caged without a roof.”
– 34-year-old Rohingya man

A photo of UNHCR refugee shelters on either side of a dusty path. A young child is walking down the path towards the camera.
Shelters that were meant to be temporary in 2012 have become an increasingly permanent presence in the displacement camps in Sittwe Township, Myanmar © Amnesty International

What is Apartheid?

Apartheid is a crime against humanity. It is conduct imposing and maintaining a regime of systematic oppression and domination by one racial group over another within a country.

It’s a system that’s upheld by legislative and administrative measures, policies and practices all designed to isolate a racial group – in this case the Rohingya – to deny their human rights and to stop them from participating in the political, social and economic life of a country. In practice, acts of open violence such as rape, torture and unlawful killings have been also used to as tools of oppression and domination.

“We are extricating ourselves from a system that insulted our common humanity by dividing us from one another on the basis of race and setting us against each other as oppressed and oppressor. That system committed a crime against humanity.”
– Nelson Mandela, 1998

Rohingya refugee baby
Father and daughter in northern Rakhine State. The father explained that his daughter had not been added to his family list during annual population checks that year. © Amnesty International

An open-air prison

Rakhine state is in the west of Myanmar bordering Bangladesh. It is home to a diverse range of people, though the majority of the population is predominantly Buddhist ethnic Rakhine. However, its mainly Muslim ethnic minority, the Rohingya, are confined to their villages, townships and squalid displacement camps – effectively sealed off from the rest of the State and of Myanmar.

In the northern townships where most Rohingya lived until the recent exodus, travel between villages is heavily restricted, while in some areas of the central part of the region, travel is only possible via waterways, and even then, only to other Muslim villages.

Official regulations mean Rohingya must undergo a complicated process to obtain permits if they want to move between townships.

In practice, only Rohingyas living in the northern townships of Maungdaw and Buthidaung have been able to do this in recent years, and then only from one to the other. Those that do obtain a permit to travel encounter regular security forces checkpoints where they are routinely harassed, forced to pay bribes, and may be physically assaulted or arrested.

“We are not allowed to go out of this area…how can we survive like this?”
– Elderly woman living in Aung Mingalar

A Rohingya woman shields herself from the sun in the displacement camps outside Sittwe township, Rakhine State, Myanmar
A Rohingya woman shields herself from the sun in the displacement camps outside Sittwe township, Rakhine State, Myanmar© Amnesty International

Restricted access to medical care

Authorities have severely restricted Rohingya from accessing the state hospital in Sittwe.
Only in the most serious of cases will Rohingya patients be accepted, and even then, only after special permission has been given by the Rakhine State authorities and the sick must travel with a security escort.

Once admitted, they are placed in separate “Muslim wards” and are vulnerable to extortion and other “fees” from police and hospital porters.

“I wanted to go to Sittwe hospital for medical treatment, but it’s forbidden.”
– Former farmer, who was suffering cirrhosis of the liver

People inside a rudimentary clinic in a displacement camp in Sittwe town. Some people are looking at the camera, whilst others are in bed.
The clinic in the displacement camp area on the outskirts of Sittwe town. Rohingyas needing treatment at Sittwe General Hospital come here – they are not allowed to travel to the hospital directly by themselves © Amnesty International

A hopeless future

Educational opportunities for the Rohingya are extremely limited. Across much of the region, Rohingya children are no longer allowed to attend schools they previously went to alongside their Rakhine peers. In many areas government teachers have refused to come to schools in Muslim villages and village tracts, citing fears for their safety.

For most Rohingya students, going to university is an almost impossible dream. Faced with such dim prospects, young Rohingya look to the future with a sense of despair and hopelessness.

“I want to study more. I want to be a doctor, but I can’t because the authorities won’t let us.”
– 16-year-old Rohingya girl

Rohingya children sitting on a red concrete floor in a sparsely furnished room. Some are looking toward the camera and others are engaged in school lessons.
Rohingya children attend classes at a primary school in the displacement camp area on the outskirts of Sittwe town. Because of restrictions on movement and segregation of Muslim and Buddhist communities, most can not continue on to high school © Amnesty International

Depriving identities

Myanmar’s authorities have used legal means to take away the rights and status of Rohingya for decades. In 1982, a law was passed which allowed the authorities to deny Rohingya citizenship rights

In recent years, the authorities have gone further still. It’s now very difficult to register newborn Rohingya babies even on “household lists” – often the only way for families to prove their residence in Myanmar.

In northern Rakhine State, anyone not home during annual “household inspections” runs the risk of being deleted from official records. These measures are all part of a wider effort to make the lives of the Rohingya in Myanmar as hopeless and humiliating as possible.

“Muslim children aren’t listed anywhere else, so if they are not on the family list, they don’t exist.”
– Former humanitarian worker operating in northern Rakhine State

Myanmar: Rohingya trapped in dehumanising apartheid regime

  • Rohingya segregated and abused in “open air prison”

  • Two-year investigation reveals root causes of current Rakhine State crisis

  • System of discrimination amounts to the crime against humanity of apartheid

  • Australia must immediately cut ties to the Myanmar military, including the provision of training and other military and security assistance

The Rohingya people in Myanmar are trapped in a vicious system of state-sponsored, institutionalised discrimination that amounts to apartheid, said Amnesty International today as it publishes a major new analysis into the root causes of the current crisis in Rakhine State.

“Caged without a roof” puts into context the recent wave of violence in Myanmar, when the security forces killed Rohingya people, torched whole villages to the ground, and drove more than 600,000 to flee across the border into Bangladesh.

The two-year investigation reveals how authorities severely restrict virtually all aspects of Rohingyas’ lives in Rakhine State and have confined them to what amounts to a ghetto-like existence where they struggle to access healthcare, education or in some areas even to leave their villages. The current situation meets every requirement of the legal definition of the crime against humanity of apartheid.

“The Myanmar authorities are keeping Rohingya women, men and children segregated and cowed in a dehumanising system of apartheid. Their rights are violated daily and the repression has only intensified in recent years,” said Anna Neistat, Amnesty International’s Senior Director for Research.

This system appears designed to make Rohingyas’ lives as hopeless and humiliating as possible. The security forces’ brutal campaign of ethnic cleansing in the past three months is just another extreme manifestation of this appalling attitude” – Anna Neistat

“This system appears designed to make Rohingyas’ lives as hopeless and humiliating as possible. The security forces’ brutal campaign of ethnic cleansing in the past three months is just another extreme manifestation of this appalling attitude.

“Although these rights violations may not be as visible as those that have hit the headlines in recent months, they are just as horrific. The root causes of the current crisis must be addressed to end the cycle of abuse and make it possible for Rohingya refugees to return to a situation where their rights and dignity are respected.”

Rakhine State: An open-air prison

While Rohingya have faced systematic, government-sponsored discrimination in Myanmar for decades, Amnesty International’s investigation reveals how such repression has intensified dramatically since 2012, when violence between Buddhist and Muslim communities swept the state.

Rohingya in Rakhine State are essentially sealed off from the outside world and face severe restrictions on their freedom of movement that confine them to their villages and townships. These restrictions are put in place through an intricate web of national laws, “local orders” and policies implemented by state officials displaying openly racist behaviour.

A regulation in effect across Rakhine State clearly states that “foreigners” and “Bengali races [a pejorative term for the Rohingya]” need special permits to travel between townships. In northern Rakhine State, where the majority of the Rohingya lived until the recent exodus, even travel between villages is heavily restricted by a system of permissions. Arbitrary curfews have been harshly and continually imposed in predominantly Rohingya areas for the last five years.

In central Rakhine State, Rohingya are kept tightly locked down in their villages and displacement camps. In some areas they are not allowed to use roads and can only travel by waterways, and only to other Muslim villages.

For Rohingya who do manage to obtain permission to travel in northern Rakhine State, frequent checkpoints mostly staffed by Border Guard Police (BGP) are a constant menace, where they are regularly harassed, forced to pay bribes, physically assaulted or arrested.

For Rohingya who do manage to obtain permission to travel in northern Rakhine State, frequent checkpoints mostly staffed by Border Guard Police (BGP) are a constant menace, where they are regularly harassed, forced to pay bribes, physically assaulted or arrested.

One Rohingya man described witnessing such abuse when the bus he travelled on was stopped by police: “There were four police in total, two of them beat the guys with a cane on their backs, shoulders and thighs. Another slapped the lady four or five times with his hand. […] After that they took them to the police station.”

While conducting research for the report, Amnesty International staff saw first-hand a border guard kicking a Rohingya man at a checkpoint, and documented at least one case of an extrajudicial execution, when BGP officers shot dead a 23-year-old man travelling during curfew hours.

During the violence in 2012, tens of thousands of Rohingya were driven out of urban areas in Rakhine State, in particular the state capital Sittwe. Today some 4,000 remain in the town where they live in a ghetto-like area sealed off with barbed wire barricades and police checkpoints. They are at risk of arrest or violence from the surrounding community if they try to leave.

A life on the brink of survival

The restrictions on movement are having a devastating impact on the daily lives of hundreds of thousands of Rohingya who have been pushed to the brink of survival.

While the quality of hospitals and clinics in Rakhine State is generally poor for all communities, Rohingya face serious and often life-threatening barriers in accessing health care.

Rohingya are denied access to Sittwe hospital, the highest-quality medical facility in Rakhine State, except for in extremely acute cases. Even then they require authorisation from the Rakhine State authorities and travel under police escort. In northern Rakhine State, many see no choice but to travel to Bangladesh to access the health care they need, but this trip can often be prohibitively expensive for all but the wealthiest families.

One man in his 50s said: “I wanted to go to Sittwe hospital for medical treatment, but it’s forbidden, the hospital staff told me I couldn’t go to there for my own safety and said I needed to go to Bangladesh for treatment. It cost a lot of money. My brother has many paddy fields and oxen and he had to sell some of these to pay for the travel. I was lucky… most people cannot afford this, so they just end up dying.”

Outside of northern Rakhine State, only a few medical facilities are accessible for Rohingyas. There, they are kept in separate “Muslim wards” which are guarded by police. One aid worker compared one such ward to a“prison hospital”.

Outside of northern Rakhine State, only a few medical facilities are accessible for Rohingyas. There, they are kept in separate “Muslim wards” which are guarded by police. One aid worker compared one such ward to a “prison hospital”.

Several Rohingya described how they had to pay bribes to hospital staff and police guards if they wanted to call family members or purchase food from outside. Others avoided hospitals altogether – fearing abuses by doctors and nurses, or thinking they would not be offered care at all.

“Denying Rohingya access to medical care is abhorrent – we spoke to women who said they would rather give birth at home in unsanitary conditions than risk abuse and extortion at hospitals,” said Anna Neistat.

Since 2012, Myanmar authorities have tightened restrictions on Rohingyas’ access to education. In large parts of Rakhine State, Rohingya children are no longer allowed into previously mixed government schools at all, while government teachers often refuse to travel to Muslim areas.

With higher education largely off-limits for Rohingya, many people Amnesty International spoke to expressed a sense of despair and hopelessness about the future.

Tightened restrictions on travel have also affected many Rohingyas’ ability to earn a living or to put enough food on the table. People selling produce have been cut off from trade routes and markets, while farmers are often prevented from working their fields. Malnutrition and poverty have become the norm among Rohingya in the affected areas, a situation the authorities have compounded by severely restricting humanitarian access.

“It is very challenging at the moment because we don’t have enough to eat. We would be better in jail or prison because at least then we would have food regularly. It is like we live in a prison anyway,” said one 25-year-old Rohingya man.

A ban on gatherings of more than four people, applying specifically to Muslim-majority areas, also means that Rohingya – the overwhelming majority of whom are Muslim – are effectively banned from worshipping together. Authorities in Myanmar have also sealed off mosques, leaving Muslim places of worship to decay.

Denial of citizenship

Underpinning the discrimination against Rohingya is their lack of legal rights in Myanmar. At the heart of this are discriminatory laws and practices, in particular the 1982 Citizenship Act, which have effectively denied citizenship to Rohingya on the basis of their ethnicity.

Amnesty International’s research also reveals how Myanmar authorities have engaged in a deliberate campaign to strip Rohingya of even the limited forms of identification they do possess. Since 2016, the government has made it extremely cumbersome for Rohingya to register newborn babies on “household lists” – often Rohingya families’ only proof of residence in Myanmar. Meanwhile, in northern Rakhine State, those who are not home for annual “population checks” risk being deleted from official records altogether.

One consequence of this campaign is that it has become virtually impossible for Rohingya who have fled the country to return to their homes. This is particularly concerning since the military operations in 2016 and 2017 have driven close to 700,000 Rohingya to flee into Bangladesh, where they are living in refugee camps in desperate conditions.

“Restoring the rights and legal status of Rohingya, and amending the country’s discriminatory citizenship laws is urgently needed – both for those who remain in the country and those who wish to return. Rohingya who have fled persecution in Myanmar cannot be asked to return to a system of apartheid,” said Anna Neistat.

Dismantling the system of apartheid

Amnesty International has, through a thorough legal analysis of this extensive body of evidence concluded, that the Myanmar authorities’ treatment of the Rohingya amounts to apartheid, defined as a crime against humanity under the Convention against Apartheid and the Rome Statute of the International Criminal Court.

Myanmar is legally obliged to dismantle the apartheid system in Rakhine State, and must also ensure accountability for those responsible for committing acts that amount to crimes against humanity.

“Rakhine State is a crime scene. This was the case long before the vicious campaign of military violence of the last three months. This abhorrent system of discrimination and segregation permeates every aspect of Rohingyas’ lives and unless there are immediate steps to dismantle it, it will remain in place long after the military campaign ends,” said Anna Neistat.

“Authorities cannot rely on hollow arguments about the need for ‘safety’ or to combat ‘terrorism’ to impose further restrictions on Rohingya. The repression is unlawful and completely disproportionate. Crimes against humanity can never be justified – whether as ‘security measures’ or on any other basis.”

“The international community must wake up to this daily nightmare and face the reality of what has been happening in Rakhine State for years. While development is an important part of the solution, it cannot be done in a way which further entrenches discrimination. The international community, and in particular donors, must ensure that their engagement does not make them complicit in these violations.”

Amnesty International is calling on Australia to immediately cut ties to the Myanmar military, including the provision of training and other military and security assistance.

Background: What is apartheid?

Under the International Convention on the Suppression and Punishment of the Crime of Apartheid and the Rome Statute of the International Criminal Court, apartheid is defined as a crime against humanity covering a range of acts, committed in the context of an institutionalised regime of systematic oppression and domination by one racial group over any other racial group or groups and with the intention of maintaining that regime.

Specific acts committed in this context and criminalised as apartheid range from openly violent ones such as murder, rape and torture to legislative, administrative and other measures calculated to prevent a racial group or groups from participation in the political, social, economic and cultural life of the country and deny them basic human rights and freedoms. A clear example of where officials in Rakhine State have combined regulatory and violent acts is the extreme restrictions on freedom of movement on Rohingya, which constitutes the crime of “severe deprivation of physical liberty” as defined in the Rome Statute.

Read the report

Abuse of children in Don Dale and other prisons is a national shame

Our children need to be strong in culture and have opportunities to thrive, not be locked up and bashed, says Amnesty Indigenous Rights Campaigner Roxanne Moore.

Barbaric injustice system

“Systemic and shocking failures”; “regular, repeated and distressing mistreatment”; “ignored at the highest levels”: these are the findings of the royal commission into the protection and detention of children in the Northern Territory, which on Friday released their report describing a brutal and barbaric injustice system for kids.

As awful as the findings are, the truly horrific thing is that they are all too familiar. In the past year these same kinds of abuses of children have been reported in every child prison in this country.

The Abu Ghraib-style hooding in Don Dale that horrified the world? The WA independent inspector found 14 instances of spit-hoods used in Banksia Hill from 2014 to 2016, which were only banned after the ABC’s Four Corners report.

“Hogtying” is the sickening practice where Don Dale guards tied or cuffed children’s hands and ankles behind their back, joined together. In Townsville, this is exactly what Cleveland children’s prison staff did to kids at risk of self-harm, hogtying and then sedating them.

In NSW, documents leaked to Fairfax showed four kids were held in isolation for 23 hours a day for 10 days straight at Cobham child prison.

Locking up children in solitary confinement breaches international law, but Don Dale and other Australian children’s prisons do it routinely. This year the Victorian children’s commissioner revealed 50 instances of solitary confinement of kids for more than 36 hours at a time. In some of these cases, children had to urinate or defecate on the cell floor. In NSW, documents leaked to Fairfax showed four kids were held in isolation for 23 hours a day for 10 days straight at Cobham child prison.

There are clear parallels on racial abuse, with evidence from Aboriginal kids in both Don Dale and in ACT’s Bimberi prison that guards called them “black c—-”.

Treatment of girls

Girls, in particular, suffered at Don Dale, with unjustified solitary confinement to separate them from boys; personal hygiene restrictions; sexual abuse and inappropriate touching by guards. Similarly, in WA a girl was found drenched in her own urine after 72 hours in solitary confinement. In Queensland, girls have been forced to cough and squat in search procedures, which can be re-traumatising for the many girls in prison who are survivors of sexual violence.

Then there’s the physical violence. Children in Don Dale, including girls, were put in chokeholds or head locks, thrown to the ground, had guards’ body weight pushed down onto their chests. In Canberra, a Bimberi ex-staff member told the Canberra Times: “I had watched and been involved in uses of force where the young person screamed for their mum or dad.”

Girls, in particular, suffered at Don Dale, with unjustified solitary confinement to separate them from boys; personal hygiene restrictions; sexual abuse and inappropriate touching by guards.

In Queensland, a child at risk of self-harm was pinned to the ground, put in handcuffs and legcuffs, and had his clothes cut off with a knife. Dogs were also used to frighten children. Last year in WA, special forces units were sent to Banksia Hill, including pointing firearms at children, and using chemical agents.

Our governments allowed these atrocities – breaches of the UN Convention Against Torture – to happen to our kids behind bars.

Abuse of children

Perhaps this is not surprising, as these abuses are mostly happening to Aboriginal and Torres Strait Islander kids, who are over half of all children in prison across Australia. Children as young as 10 years old. I wonder how quickly change would have happened if these abuses were mostly happening to white kids – not that it should be happening to any child at all.

I’m furious that some of these kids who were abused in Don Dale and other prisons have been charged with assault, yet the guards who abused them and breached their rights walk away without consequence. Some of these guards still work at Don Dale, Cleveland, Banksia Hill, Bimberi. Where is the justice for these kids?

Our governments allowed these atrocities – breaches of the UN Convention Against Torture – to happen to our kids behind bars.

Advocates for change

On Saturday, I sat down with mob in Alice Springs; grandmothers who have been fighting for this change for most of their lives. I heard the same concerns and calls for change as I have in many other yarns with Aboriginal and Torres Strait Islander communities across the country.

Bring our kids back to us. We can heal our kids on country. We can give our kids the support they need, with their families, in their communities. Our kids need to be strong in culture and have opportunities to thrive, not be locked up and bashed. The police need to stop targeting our kids.

We say these words again and again. No one listens.

I am in awe of young people like Dylan Voller who have been through the worst that this injustice system has to offer, and yet become strong young advocates for change. We went to Canberra together, where I heard Dylan tell politicians how the Bushmob program is the reason he is still out of prison. He wants programs like that made available to more kids.

I am in awe of young people like Dylan Voller who have been through the worst that this injustice system has to offer, and yet become strong young advocates for change.

I’ve listened to so many incredible First Nations people who are creating this change in their communities. Wirrpanda Foundation in WA; Tribal Warrior and Maragnuka in NSW; Mona Aboriginal Corporation’s cultural horsemanship program in Mount Isa; Red Dust Healing and Yinda Program in Townsville; and so many more across the country. They often struggle for funding, but do it out of the love in their hearts.

Indigenous-led solutions

We owe it to all of the children, families and communities who have re-lived these horrors and trauma for the royal commission to overhaul this youth injustice system. There is a better way: one with Indigenous community-led solutions at the centre.

Today, almost 100 organisations have joined forces to call on prime minister Malcolm Turnbull to work with state and territory governments, in partnership with Aboriginal and Torres Strait Islander communities, to end this national shame.

The PM needs to listen to Aboriginal and Torres Strait Islander organisations’ calls for a national plan of action. This is the only way to make sure that change happens in every state and territory, so that our children can, at last, be free to be kids.

This article was first published by Guardian Australia.

 

Submission to the United Nations Committee on the Elimination of Racial Discrimination

Next week Australia will appear before the United Nations Committee on the Elimination of Racial Discrimination (the CERD Committee). The CERD Committee is a group of independent experts who monitor and encourage governments to uphold and implement the Convention on the Elimination of All Forms of Racial Discrimination (the Convention).

The appearance by Australia’s representatives is overdue as Australia’s last review was back in August 2010. Australia has simply ignored the overdue report for some time, despite the Committee website stating that each country should report every two years.

It is most likely that Australia finally agreed to cooperate in this review because of Australia’s bid to become a member of the United Nations Human Rights Council. Now that Australia has been successful in that bid, Australia must uphold the highest standards in the promotion and protection of human rights and fully cooperate with the Council.

Amnesty International has made a submission to the Committee for this review.

Read our submission

Online abuse against women: Amnesty International reveals alarming impact

New research by Amnesty International has revealed the alarming impact that abuse and harassment on social media are having on women, with women around the world reporting stress, anxiety, or panic attacks as a result of these harmful online experiences.

The organisation commissioned an IPSOS MORI poll which looked at the experiences of women between the ages of 18 and 55 in Denmark, Italy, New Zealand, Poland, Spain, Sweden, the UK and USA.

Nearly a quarter (23%) of the women surveyed across these eight countries said they had experienced online abuse or harassment at least once, ranging from 16% in Italy to 33% in the US.

Alarmingly, 41% of women who had experienced online abuse or harassment said that on at least one occasion, these online experiences made them feel that their physical safety was threatened.

“The internet can be a frightening and toxic place for women. It’s no secret that misogyny and abuse are thriving on social media platforms, but this poll shows just how damaging the consequences of online abuse are for the women who are targeted,” said Azmina Dhrodia, Amnesty International’s Researcher on Technology and Human Rights.

“This is not something that goes away when you log off. Imagine getting death threats or rape threats when you open an app, or living in fear of sexual and private photos being shared online without your consent. The particular danger of online abuse is how fast it can proliferate – one abusive tweet can become a barrage of targeted hate in a matter of minutes. Social media companies need to truly start taking this problem seriously.”

Stress, anxiety, panic attacks

Amnesty International polled women describing themselves as moderate to active internet users about their experiences of online abuse and harassment.

Across all countries, just under half (46%) of women responding to the survey who had experienced online abuse or harassment said it was misogynistic or sexist in nature.

Between one-fifth (19% in Italy) and one-quarter of women who had experienced abuse or harassment said it had included threats of physical or sexual assault.

58% of survey participants across all countries who had experienced abuse or harassment said it had included racism, sexism, homophobia or transphobia.

26% of women who’d experienced abuse or harassment across all countries surveyed said personal or identifying details of them had been shared online (also known as “doxxing”).

Over half (59%) of women who’d experienced abuse or harassment online said it came from complete strangers.

The psychological impact of online abuse can be devastating.

  • Across all countries 61% of those who said they’d experienced online abuse or harassment said they’d experienced lower self-esteem or loss of self-confidence as a result.

  • More than half (55%) said they had experienced stress, anxiety or panic attacks after experiencing online abuse or harassment.

  • 63% said they had not been able to sleep well as a result of online abuse or harassment. Three-quarters (75%) in New Zealand reported this effect.

  • Well over half (56%) said online abuse or harassment had meant that they had been unable to concentrate for long periods of time.

A silencing effect

Social media platforms, especially for women and marginalised groups, are a critical space for individuals to exercise the right to freedom of expression. Online violence and abuse are a direct threat to this freedom of expression.

Over three quarters (76%) of women who said that they had experienced abuse or harassment on a social media platform made changes to the way they use the platforms. This included restricting what they post about: 32% of women said they’d stopped posting content that expressed their opinion on certain issues.

“Social media has helped enhance freedom of expression, including access to information in many ways. But as offline discrimination and violence against women have migrated into the digital world, many women are stepping back from public conversations, or self-censoring out of fear for their privacy or safety,” said Azmina Dhrodia.

Around a quarter (24%) of women surveyed who said that they had experienced abuse said that it had made them fear for their family’s safety.

Social media companies not doing enough

All types of violence and abuse online require responses from governments, companies, or both, depending on their type and severity.

In all countries polled, significantly more women said government policies to respond to abuse were inadequate versus adequate, with 5 times as many women in Sweden stating the policies were inadequate (57%). Around 1/3 of women in the UK (33%), USA and New Zealand (32%), stated the police response to abuse online was inadequate.

The survey also indicates that women feel social media companies need to do more. Just 18% of women polled across all countries said that the responses of social media companies were very, fairly or completely adequate.

“Social media companies have a responsibility to respect human rights, including the right to freedom of expression. They need to ensure that women using their platforms are able to do so freely and without fear,” said Azmina Dhrodia.

Amnesty International notes that the right to freedom of expression protects expression which may be offensive, deeply disturbing, and sexist. However, freedom of expression does not include advocacy of hatred or violence. What’s more, the right to freedom of expression must be enjoyed equally by everyone, and includes the right for women to express themselves and live free from violence and abuse, both online and offline.

Social media platforms explicitly state that they do not tolerate targeted abuse on the basis of a person’s gender or other forms of identity, and they now need to enforce their own community standards. They should also enable and empower users to utilise individual security and privacy measures such as blocking, muting and content filtering. This will allow women, and users in general, to curate a less toxic and harmful online experience.

Social media companies must also ensure that moderators are trained in identifying gender and other identity-related threats and abuse on their platforms.

Amnesty International is also calling on governments to ensure that adequate laws, policies, practices and training are in place to prevent and end online violence and abuse against women. However, it is critical that no undue restrictions or penalties are placed on the legitimate exercise of freedom of expression. Tackling online violence and abuse must not be used as an excuse to reduce the enjoyment of freedom of expression.

Methodology

The research was carried out by Ipsos MORI, using an online quota survey of 500 women aged 18-55 in each country, via the Ipsos Online Panel system.

In each country, fieldwork quotas were set on the age, region and working status of the women surveyed according to known population proportions in each country.

Data were weighted using a RIM weighting method, to the same targets to correct for potential biases in the sample.

The survey sample in each country was designed to be nationally representative of women in that country. The margin of error for the total sample in each country varies between 3% and 4%.

Overall, 4,000 women were surveyed across 8 countries, 911 of whom said that they had experienced online abuse or harassment and 688 of whom said that they had experienced this on a social media site.

Country

Total number of women 18-55 surveyed

Total number of women who say they have experienced online abuse or harassment

Total number who say they have experienced online abuse or harassment on a social media platform

UK

n=504

n=106

n=85

US

n=500

n=167

n=139

New Zealand

n=500

n=142

n=116

Spain

n=500

n=94

n=68

Italy

n=501

n=81

n=62

Poland

n=501

n=86

n=56

Sweden

n=500

n=147

n=99

Denmark

n=503

n=88

n=63