Berlin Conference on Genocide 26 February 2018

Myanmar State Counsellor Aung San Suu Kyi's first visit to a Western country since a security operation campaign in her country drove over 700,000 Rohingya Muslims into Bangladesh came over the weekend in Sydney for the Association of Southeast Asian Nations (Asean)-Australia Summit.
She was on safe, if not unsullied, ground following months of international condemnation from Washington, London and recently in Geneva from United Nations human rights investigators.
Domestic and international human rights groups urged Australian Prime Minister Malcolm Turnbull to prioritize rights promotion during the Summit, a justified call given the deteriorating rights records of almost all members of the regional grouping, especially Myanmar, Cambodia and the Philippines.
Yet Australia has long pursued a sotto voce approach to rights promotion in Myanmar, eschewing strong language and favoring quiet engagement to raise issues of concern – unlike the United States and United Kingdom, which regularly release critical statements on armed conflict in the north, the long-standing repression of Rohingya Muslims, and renewed intimidation of the media and civil society.
As Suu Kyi landed in Australia, a group of five lawyers led by Alison Battisson of the law firm Human Rights for All lodged a private application in a Melbourne court to have the State Counsellor arrested for crimes against humanity pursuant to Australia's obligations as a signatory to the Rome Statute of the International Criminal Court (ICC).
Australia's Attorney General, Christian Porter, quickly nixed the initiative, saying that Suu Kyi "has complete immunity, including from being served with court documents because under customary international law, heads of state, heads of government and ministers of foreign affairs are immune from foreign criminal proceedings and are inviolable – they cannot be arrested, detained, or served with court proceedings."
There were expected demonstrations against Suu Kyi by Rohingya living in Australia (complete with posters depicting her with an Adolf Hitler moustache), but the government treated her with the ceremony and pomp of a head of state, including an artillery salute, military honor guard, and a visit to the parliament building.
Her attendance at the Lowy Institute policy think-tank in Sydney was cancelled citing ill-health, although she may have wished to avoid questions from the audience. She paid a visit to her former aide and prominent National League for Democracy stalwart U Win Htein instead, retired now in Australia (or banished in disgrace following a scandal over his son's lavish wedding in the capitol Naypyidaw in January).
The legal gambit may have had laudable popular appeal domestically as Suu Kyi has been castigated for her studied refusal to condemn or even acknowledge the scale of the Rohingya crisis, but it had almost zero chance of success and missed the ultimate command responsibility for the security operation, which rests squarely with the commander in chief of the Myanmar military, Senior General Min Aung Hlaing.
That relationship, with the general and the military institution, is important to Australian interests. Balancing military ties and seeking a more constructive relationship with Suu Kyi in the wake of the Rakhine crisis has been a high wire act for Turnbull's government, particularly in an environment of intense domestic pressure to blame everything on Suu Kyi.
But it's a balance Australia has long pursued in Southeast Asia. Indeed, Australia has played a standard middle power role in Myanmar's democratic transition, emphasizing engagement and commercial interests while moderating its human rights criticism.
Foreign Minister Julie Bishop, in a speech several days before the Summit, mentioned human rights only once (in relation to human trafficking, a major concern for Canberra's regional engagement), and emphasized instead the "international rules-based order…. that network of alliances and treaties and conventions and norms, underpinned by international law."
Bishop went on to say, "Undoubtedly, Australia has been a beneficiary…But it is under strain, it is under challenge. There are states who cherry-pick what parts of the rules-based order they are prepared to adhere to and the parts they are not. They see some short-term interest in challenging that rules-based order…We believe that Asean is uniquely placed to continue to promote the international rules-based order."
This echoes Australia's 2017 White Paper on Foreign Policy, which had a small section on human rights promotion and more broadly emphasized trade and engagement. The document should have given pause to any expectation that Turnbull's government would exert overt pressure on Suu Kyi during the Summit.
In a region where human rights is increasingly cast as Western pressure masquerading as moralizing, the "international rules-based order" is coded terminology for getting along with the neighbors, not championing fundamental freedoms.
Australia was elected after a two-year campaign to serve a three-year term on the 15-body UN's Human Rights Council (HRC), running from 2018 to 2020. This is despite widespread international criticism over Australia's policies towards asylum seekers (including the Rohingya) and treatment of its own indigenous people.
Australia was thus a desultory co-sponsor of the March 2017 HRC resolution that mandated a fact-finding mission (FFM) to investigate possible crimes against humanity and war crimes perpetrated in Myanmar following the violence in Rakhine state in October 2016, and which has since grown into a major investigation into state violence in both Rakhine and war-wracked regions of northern Kachin and Shan states since 2011.
Suu Kyi's government blocked an investigation even before the hellish violence unleashed by Myanmar's security forces following attacks from Rohingya militants last August 25, 2017.
A depressing irony is that one of the three international experts leading the FFM is former Australian Human Rights Commissioner Christopher Sidoti, who participated in the Australian government's human rights training program with Myanmar's rights-abusing military government between 1999-2003.
The FFM's head, former Indonesian Attorney General Marzuki Darusman, presenting in Geneva at the HRC in mid-March, just days before Suu Kyi flew to Sydney, condemned the Myanmar government's culture of official denial over the scale of reported atrocities perpetrated by security forces in Rakhine state.
But Canberra has broader interests in Myanmar to pursue, as the Summit goals and White Paper made clear on closer reading, and are all outlined in the Sydney Declaration signed at the end of the Asean meeting.
Regional business interests and strategic realities such as maritime security, smuggling and violent extremism loom larger (although the Declaration does have a paragraph dedicated to promoting human rights and respect for the Universal Declaration of Human Rights).
The Memorandum of Understanding between Asean and Australia on Cooperation to Counter International Terrorism was a key part of the Summit, forging closer ties between regional states on counterterrorism intelligence-sharing and cooperation.
The unclear and not present danger with this approach in regards Myanmar is that collective action could endorse Naypyidaw's evolving narrative of anti-terrorism as justification for the violent campaign against the Rohingya, a hysterically inflated threat the Myanmar government is using to appeal for international support, and to which Australia could subscribe and relegate human rights concerns as secondary to regional counterterrorism priorities.
There should be no doubt that Islamic violent extremism is a real challenge in Southeast Asia and for Australia. Nearby Indonesia and the Philippines are clear examples, and there are legitimate fears that losses by Islamic State in Iraq and Syria (ISIS) in the Middle East could result in a mass migration of jihadi fighters to the region.
But inflating the Arakan Rohingya Salvation Army (ARSA) attacks in Myanmar to the ranks of international jihadism risks endorsing the mass crimes committed by Myanmar's security forces, and the cynical opportunism of the civilian and military government exaggerating the terrorist threat.
Australia would be wise to balance its counterterrorism engagement with Myanmar's security forces with increased support for civil society on countering violent extremism programs to understand from where the tensions really arise.
It is the sphere of limited military engagement where Australia's moral hazards, and its effective approach to engagement with Myanmar, lie.
Canberra made clear in late 2017 that it would continue its modest engagement of A$398,000 (US$306,000), including funds for workshops on disaster relief, English language training, professional standards, and UN peacekeeping with the Myanmar military, or Tatmadaw.
Myanmar troops will also be observers at the Australia-Thailand Pirap Jabiru peacekeeping exercise, as they were for part of the US-Thailand Cobra Gold exercises, the region's largest joint maneuvers. (Canberra continues to impose an arms embargo on Myanmar due to its record of rights abuses.)
The military engagement strategy has been a long-term goal, as outlined as early as 2012 by the former Australian defense attaché to Thailand and Myanmar who now heads the Australian National University's Strategic and Defense Studies Center, Professor John Blaxland.
Blaxland has resisted calls from rights campaigners for Australia to disengage with the Tatmadaw, arguing "(c)utting off those ties is like cutting off your nose to spite your face…It's actually unhelpful because this is the only venue for engagement with the Burmese military on issues relating to human rights."
Blaxland has a point, and it's instructive to compare the far more modest military ties the United Kingdom had with the Tatmadaw, which were severed when five Myanmar officers at UK defense establishments were sent home (it was Suu Kyi who wanted more defense ties with Britain back in 2013), with the Tatmadaw stating "We will never again send trainees to Britain."
But the fact is that lecturing Suu Kyi on military abuses in Rakhine and elsewhere in the country is ineffectual for two reasons: First, she has no control over the military or security forces perpetrating the violence, so all insistence she put a stop to the carnage will necessarily fall on deaf ears.
Second, Suu Kyi has stated repeatedly, publically and privately, that she sees the events of Rakhine state very differently from the rest of the world, and is firmly committed to a process of effectively covering up the military operation that drove 700,000 refugees across the border to Bangladesh and the surreal performance of supposedly preparing for their eventual return.
Canberra calculated that calibrating their engagement with Suu Kyi, including during her trips to Sydney and Canberra, was part of a normalizing, not moralizing, procedure aimed at promoting wider interests.
It was a notably warm reception she was unlikely to receive in Europe or North America as accusations of ethnic cleansing and genocide stain her country's once vaunted democratic transition.
David Scott Mathieson is a Yangon-based independent analyst
More than 43,000 Rohingya parents have been reported lost, presumed dead in the six months since Myanmar's military unleashed a crackdown last August, according to a new report. These figures provide the latest indication that even by conservative estimates the number of Muslim Rohingya killed in the crisis far exceeds the Myanmar government's official count of 400.
Based on surveys of refugees who fled Myanmar for neighboring Bangladesh, 28,300 Rohingya children have lost at least one parent, while an additional 7,700 children reported having lost both parents, according to the ASEAN Parliamentarians for Human Rights (APHR), citing data from the Bangladeshi government. That puts the number of "lost" parents at 43,700.
"These numbers cover Rohingya children whose parents are currently not with them because they were killed, or presumably killed and their whereabouts are unknown," Oren Samet, a research and advocacy director at APHR, tells TIME.
While there are no reliable totals for how many people have been killed in what the U.N. has labelled an "ethnic cleansing" campaign,Doctors Without Borders estimated 6,700 Rohingya deaths in the first month of violence alone.
Matthew Smith of Fortify Rights says the number of "lost" parents begins to reveal the scale of the ongoing atrocities.
Read more: Reprisals, Rape, and Children Burned Alive: Burma's Rohingya Speak of Genocidal Terror
"Given what we've documented from eyewitnesses and survivors from areas targeted by the army and other state security forces, it's likely that a significant portion of lost parents were killed," Smith says. "There were massacres and mass killings in all three affected townships since August, and in 2016 as well."
In February, the Associated Press detailed evidence of at least five mass graves in one location near the epicenter of the violence, Gu Dar Pyin. At that single Rohingya village, survivors estimated a death toll as high as the government's tally for the full crisis.
"The Myanmar government's estimate of 400 deaths is a bad joke, and continues their practice of using their own 'investigations' as cover-ups … to rebut the need for more independent investigations into the atrocities," says Phil Robertson, Deputy Asia Director for Human Rights Watch.
Since Aug. 25, more than 671,000 Rohingya have fled from Myanmar into overcrowded camps in Bangladesh, many bearing bullet wounds and evidence of widespread sexualized violence. Of those, around 60% are children, many of them without their parents.
Children have described witnessing their relatives' murders before military and vigilante raids set their villages ablaze.
Read more: Rohingya Refugee Children Are in Desperate Need of Aid, the U.N. Says
"We saw many, many children whose parents were killed and [who] were brought to Cox's Bazar by neighbors or passerby who grabbed them from burning houses," said Charles Santiago, APHR chair and a Malaysian MP.
According to the U.N. refugee agency, at least 5,600 children under 18 have become heads of their households, taking on the role of caregiver for littler siblings.
Previous estimates suggested that more than 2,680 children were separated from their parents, left unaccompanied or orphaned in the vast sprawl of Bangladesh's ballooning, makeshift camps. But the latest figures from Bangladesh suggest the total is much higher.
Human rights organizations have raised alarm about the potential for human trafficking. APHR said this scenario will likely be further exacerbated by the start of monsoon season at the end of this month, and as a highly criticized repatriation plan fails to gain traction.
"I suspect human trafficking will start once the rain begins. People will find ways to leave to Indonesia, Malaysia, wherever they can go," said Santiago.
