Rosario Manalo, chairperson of Myanmar’s Independent Commission of Enquiry for Rakhine, talks during a press briefing in Nay Pyi Taw last August. Photo - EPA
Little has been heard from the Independent Commission of Enquiry (ICOE) since it was set up last July to investigate allegations of human rights abuses by government forces in northern Rakhine State. The panel’s mandate ends in four months.
The four-member panel last made a public statement in November, when it announced the appointment of two experts in legal, forensic and criminal investigations.
The commission, headed by senior Philippine diplomat Rosario Manalo, reported on its website that it was ready to submit its interim report to the President’s Office in mid-March.
It said the body, which also comprises retired Japanese diplomat Kenzo Oshima, the president’s economic adviser U Aung Tun Thet and legal expert U Mya Theinn, discussed expanding its legal team and translators to deal with an increasing workload.
“The ICOE has received 43 submissions through its Call for Submissions posted on its website and social media. The ICOE looks forward to receiving more submissions,” it said in the latest update of its activities on its website.
The panel’s evidence collection and verification team has 36 depositions on Rakhine, according to the update.
“During the collection of these depositions, witnesses were interviewed individually with the presence of only the legal expert, clerk and translator,” it said. “The ICOE ensured that appropriate security arrangements were made for the witnesses.”
It said the panel is preparing for a second visit to Rakhine.
In its first seven months, the commission held six meetings, visited northern Rakhine, and met former members of previous Rakhine probes, such as the Maungdaw Investigation Commission led by vice-president U Myint Swe.
It also met with State Counsellor Daw Aung San Suu Kyi, Vice Senior General Soe Win, and other senior government officials.
Muslims from northern Rakhine protest at Unchiprang refugee camp near Teknaf, Bangladesh, last November. Photo - EPA
But human rights organisations have accused the panel of “inaccessibility”.
The International Commission of Jurists (ICJ) said the ICOE’s silence signals a failure to demonstrate independence and transparency and underlines protection concerns. It said the panel has not responded to four questions it sent, despite having formally acknowledged receipt of the letter.
The ICJ said in a statement last week that the panel is not transparent about how the information it gathers will reveal the truth, or contribute to accountability and redress while protecting those who provide the information.
“The ICOE has not demonstrated any reasonable prospect of meeting international standards of independence, impartiality or effectively contributing to justice or accountability for human rights violations constituting crimes under international law,” it said.
U Aung Tun Thet said the panel is proceeding with its work and doing its duty properly as it collects evidence.
“We are meeting with people we need to meet, not only in Rakhine but also in Yangon. We are endeavouring to submit our report with essential recommendations,” he said.
The New York-based Human Rights Watch joined in the chorus of criticism of the commission.
Phil Robertson, deputy director of Human Rights Watch’s Asia division, said the ICOE has offered no transparency, accountability or even basic feedback.
“So far, it’s been a black box, totally impenetrable to outside observers. This is precisely the wrong way for the ICOE to operate. This is completely irresponsible, and the international community is strongly criticising the ICOE for this reason,” Robertson said.
The UN Independent International Fact-Finding Mission finalised its investigation and published its report in August 2018. The report was accepted and supported around the world, and led to the establishment of a robust International Impartial and Independent Mechanism to further collect and analyse evidence for future prosecutions.
Laetitia van den Assum, former member of Kofi Annan’s Advisory Commission on Rakhine State, which made its recommendations to the Myanmar government in August 2017, said if the ICOE’s findings and recommendations differ substantially from those of the UN mission, “I think that considerable credibility issues will arise.”
“More generally, the Myanmar investigations that preceded the ICOE have clearly been inadequate as mechanisms for accountability or redress. To assess inquiries like these, the key international standards are contained in the UN Impunity Principles,” she said.
U Aye Lwin, another former member of the Annan commission, said the ICOE should consider the consequences of on-the-ground incidents in combination with the evidence submitted and the testimony of people.
“Denial of violations should not be taken as outright fact,” he said. “The commission needs to disclose rightly,” he said.
He added that if the commission issues its report in line with international norms and standards, the criticism of the international community might ease.
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