Myanmar dossier will be ‘milestone’ in Rohingya genocide case, says report

Myanmar’s military in August 2017 launched what it called a clearance campaign in Rakhine state in response to an attack by a Rohingya insurgent group. (Reuters/File Photo)
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Updated 23 May 2020
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Myanmar dossier will be ‘milestone’ in Rohingya genocide case, says report

  • Myanmar's military launched brutal campaign in Rakhine state  

LONDON: A coalition of leading scholars, practitioners and experts have released a report outlining their response to a dossier on the treatment of Rohingya Muslims expected to be filed by Myanmar to the International Court of Justice (ICJ) on Saturday.

The report, titled “No Place for Optimism: Anticipating Myanmar’s First Report to the International Court of Justice,” is authored by the Center for Global Policy’s Rohingya Legal Forum (RLF) and contains a foreword by US Ambassador-at-Large for War Crimes (1997-2001) Prof. David Scheffer.

Scheffer says in the report foreword: “Myanmar’s anticipated report will provide an important milestone in helping the ICJ determine whether genocidal acts have been prevented and evidence of alleged acts of genocide preserved … or whether the government’s report reveals an intention by political and military officials to continue business as usual while claiming it falls outside the ambit of genocide.”

Gambia brought the ICJ case against Myanmar in 2019, when they argued that Myanmar had not fulfilled its obligations as a member country of the 1948 Convention on the Prevention and Punishment of the Crimes of Genocide, which places an obligation on member states to prevent and punish genocide.

Myanmar has said it will submit its report, due on Saturday, outlining its claims of compliance with ICJ orders to protect members of its Muslim Rohingya ethnic minority.

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Myanmar’s military in August 2017 launched what it called a clearance campaign in Rakhine state in response to an attack by a Rohingya insurgent group. The campaign forced about 740,000 Rohingya to flee to neighboring Bangladesh and led to accusations that security forces committed mass rapes and killings and burned thousands of homes.

Authorities in Myanmar have argued the actions of its military against the minority did not constitute genocide, but initial court findings highlighted a need for more information to conclusively confirm that assertion.

The most significant measure taken by Myanmar's government since the court order appears to have been an April 8 presidential directive that all “military or other security forces, or civil services and local people under its control or direction do not commit (genocidal) acts.”

Meanwhile the Rohingya continue to be displaced, living in substandard conditions in one of the most densely populated regions in the world.

The RLF report states that Myanmar will respond within the designated timeframe set out, but will attempt to build a narrative of “war crimes” and move it away from accusations of “genocide.”

It also presents information on what Myanmar has done since 2019, data related to ongoing atrocities, and a discussion on why Myanmar’s response is likely to be insufficient in meeting the requirements of the ICJ.

Prof. John Packer, of the University of Ottawa and Neuberger-Jesin Professor of International Conflict Resolution who contributed to the report, said on Twitter that he was honored to have shared his expertise.

He added that he was “deeply skeptical of what we foresee Myanmar will pretend to have done to comply with the ICJ-ordered Provisional Measures,” and easily foresaw “obfuscation and diversions.”

Chan Aye, director general of the International Organizations and Economic Department of Myanmar’s Foreign Ministry, said Friday the government was working on the report, but would not discuss its contents before submitting it.

Brigadier-General Zaw Min Tun, a spokesman for Myanmar’s military, said it had complied with government orders by providing the “complete and necessary information” for the report.


Bitter pill: Taliban govt shakes up Afghan medicine market

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Bitter pill: Taliban govt shakes up Afghan medicine market

  • Afghanistan’s decision to overhaul its medicine market was meant to improve quality and boost domestic production, but industry specialists say the swift changes have led to a litany of problems
KABUL: Afghanistan’s decision to overhaul its medicine market was meant to improve quality and boost domestic production, but industry specialists say the swift changes have led to a litany of problems.
The Taliban authorities announced in November that the decades-long dependency on medicine imports from Pakistan would soon end, a step taken after deadly border clashes with their neighbor.
After the ban came into effect this month, finance ministry spokesman Abdul Qayoom Naseer told AFP that the government urged all importers to find “alternative and legal” sources to replace Pakistani supplies.
Despite a three-month grace period to end existing contracts and clear customs, the shift presents a huge challenge for a country which had imported more than half its medicine from Pakistan.
“Some of the prices have increased, some of them are short (unavailable), it has created a lot of problems for people,” said Mujeebullah Afzali, a pharmacist in the capital, Kabul.
Drugs now have to come from elsewhere, increasing transit time and transport costs, and adding logistical complexities.
The pharmacist said he had begun importing medicine through the Islam Qala crossing on the Iranian border, “which increased the transportation fee 10 to 15 percent.”
Transport costs used to account for six to seven percent of total spending on medicine, but this has now risen to 25 to 30 percent, said a person directly involved in the pharmaceutical industry, speaking to AFP on condition of anonymity due to security concerns.
He estimated that the overall losses to business owners had already reached millions of dollars.
“If a medicine was short in the market before, a call was made to Pakistan, and the medicine was delivered in two to three days,” he said.
Whether legally or not, it was “delivered quickly,” he added.
‘Fill the gap’
The illicit trade in pharmaceuticals was a key driver for the overhaul, according to the health ministry.
“The biggest problem with Pakistani medicine was that we used to receive counterfeit and fake medicines,” ministry spokesman Sharafat Zaman told AFP.
He acknowledged it will take some time to shift the market, saying that officials were working with Iran, India, Bangladesh, Uzbekistan, Turkiye, China and Belarus to source medicine.
“India was second in the market, which means that now, through Indian medicines, we can cover the percentage needed,” Zaman said.
And domestic production of 600 medicines has “solved the problems” of many patients, he said.
Afghanistan already produces a variety of serums including antibiotics, according to manufacturer Milli Shifa Pharmaceutical.
The company makes 100,000 bottles daily and “can double the capability” if demand merits, CEO Nasar Ahmad Taraki told AFP.
While Afghanistan has significantly expanded its pharmaceutical sector, domestic output still only meets a small fraction of the overall demand.
The industry source told AFP that the need to import raw materials, the high energy costs and limited infrastructure mean the country cannot be entirely self-sufficient in medicine production.
“If we are provided with the facilities, then we would be able to fill the gap created by Pakistan’s situation,” he said.
Shortages and higher costs
But reshaping an industry nationwide takes more than three months.
Some drugs made in Afghanistan have proven more expensive than those imported from Pakistan, which over the years have gained consumers’ trust.
Some people believe that “if they use Pakistani medicine, they will be cured” — but not if it came from India “or any other country,” the industry source said.
Physicians, meanwhile, are also struggling, a health care provider in Kabul told AFP.
Doctors “must change prescriptions, find suitable alternatives, and spend additional time adjusting treatment plans,” he said, requesting anonymity for security reasons.
The shake-up, which ultimately is meant to end reliance on Pakistan, is complicating care in the short term and could delay treatment, he warned.
“Patients face medicine shortages, frequent switches to alternative products, and sometimes higher costs.”