TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

Legal redress for Rohingya: ASEAN's responsibility

There should be a legal redress mechanism for the Rohingya subjected to ethnic cleansing and genocidal practices by the Myanmar government.

Christian Donny Putranto and Sangeetha Yogendran (The Jakarta Post)
Premium
Jakarta
Fri, January 5, 2018

Share This Article

Change Size

Legal redress for Rohingya: ASEAN's responsibility Rohingya refugees fill pots for drinking water from a hand pump at Nayapara refugee campin Teknaf on October 27, 2017. (AFP/Tauseef Mustafa)

M

uch has been discussed about the current crisis in Myanmar’s Rakhine state and the consequent exodus of more than 620,000 Rohingya to Bangladesh. Yet there is little to no discourse on what the international community and ASEAN should do after the crisis.

There should be a legal redress mechanism for the Rohingya subjected to ethnic cleansing and genocidal practices by the Myanmar government.

Given the inability of the international and regional community to immediately end their persecution, it is ironically the same community that must work toward establishing a redress mechanism.

Such a mechanism should provide accountability for the crimes the military of Myanmar is causing and send a clear message to the world that such actions cannot and will not be tolerated with silence.

Southeast Asia is not alien to such mechanisms. The Extraordinary Chambers in the Courts of Cambodia, which was established to prosecute the crimes of the Khmer Rouge, and the United Nations Special Crimes Panel in East Timor are the two most prominent legal redress mechanisms in ASEAN countries.

Indonesia is also familiar with such mechanisms with its ad hoc human rights courts to deal with human rights violations, which so far have never been used.

Punishing genocide is a moral and legal obligation under international law as reflected in the 1948 Genocide Convention, which has evolved into an obligation that legally mandates all countries to abide by it. Although establishing genocide would be left to a tribunal, a study by Yale Law School in 2015 found ample evidence that violence against the Rohingya violates the Genocide Convention.

to Read Full Story

  • Unlimited access to our web and app content
  • e-Post daily digital newspaper
  • No advertisements, no interruptions
  • Privileged access to our events and programs
  • Subscription to our newsletters
or

Purchase access to this article for

We accept

TJP - Visa
TJP - Mastercard
TJP - GoPay

Redirecting you to payment page

Pay per article

Legal redress for Rohingya: ASEAN's responsibility

Rp 29,000 / article

1
Create your free account
By proceeding, you consent to the revised Terms of Use, and Privacy Policy.
Already have an account?

2
  • Palmerat Barat No. 142-143
  • Central Jakarta
  • DKI Jakarta
  • Indonesia
  • 10270
  • +6283816779933
2
Total Rp 29,000

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.