Strasbourg:
On 14 December 2017, the European Parliament adopted a powerful Resolution condemning repression and continued serious human rights violations allegedly committed by the Government of Myanmar against Rohingyas, a predominantly Muslim minority group living in Rakhine State in Myanmar. The Government of Myanmar has failed to meet its international obligations and protect Rohingya population from mass atrocities, which may be qualified as war crimes and crimes against humanity in accordance with the Rome Statute of the International Criminal Court (ICC). Nevertheless, the ICC does not have jurisdiction to initiate criminal proceedings in this situation as Myanmar is not a State party to the Rome Statute.
In light of this jurisdictional limitation, Ms. Barbara Lochbihler, MEP (Group of the Greens/European Free Alliance), Convenor of the PGA International Law and Human rights Program, tabled an amendment to the Resolution, calling on the Government of Myanmar to bring to justice the perpetrators of grave human rights crimes committed against Rohingya by submitting an ad hoc declaration of acceptance of the ICC jurisdiction under Art. 12 (3) of the Rome Statute, or, alternatively, urging the United Nations Security Council to refer the situation to the ICC according to Art. 13(b) of the Rome Statute. The amendment was strongly endorsed and adopted by the Plenary of the European Parliament.
PGA urges Myanmar to stop the on-going systematic persecution of Rohingyas and to ratify the Rome Statute- which marks the 20th anniversary of its adoption this year- and thus demonstrate the country`s commitment to criminal justice and human rights. The ratification of the Rome Statute would reinforce the Rule of Law in Myanmar in a credible manner, materializing the commitment in support of the Rule of Law to solve the ongoing crisis expressed emphatically by the Foreign Minister of Myanmar, a Nobel Peace Prize recipient, in a number of official statements.
The on- going repressive policies by the Myanmar military against Rohingyas, which include killings, sexual violence, as well as forced labour, denial of the right to health, education, food security, free movement and political rights, have led a significant deterioration of the situation since August 2017, as documented by reports of NGOs, such as Human Rights Watch and Amnesty International, and as evidenced in UN statements and reports.
Through the adoption of the Milan Plan of Action by 105 MPs who actively participated in the Milan Forum for Parliamentary Action in Preventing Violent Extremism and Mass Atrocities held on 27-28 November 2017, the global PGA membership united their voice against impunity and for the prevention of atrocities committed in all regions of the world, including Myanmar. History has proven that severe violations of human rights, impunity, and continuing discrimination coupled with social and cultural marginalization can fuel and foment violent extremism and lead to radicalization and recruitment into violent extremist movements.
“Myanmar and international community have to act urgently to ensure that the current gross abuses are addressed by an independent international investigation and prosecution, such as the one that the ICC can perform, as well as to ensure that democracy, human rights and the Rule of Law are upheld by the State of Myanmar in order to ensure protection for the fundamental rights of the Rohingya population.”
Ms. Barbara Lochbihler, MEP (Group of the Greens/European Free Alliance), Convenor of the PGA International Law and Human rights Program.