The Armenian and Azerbaijani Conflict: Attacks in the Nagorno-Karabakh Region

by Caitlin Cerillo

A Long History of Conflict

Since the late 1980s and early 1990s, Armenia and Azerbaijan have held political, economic, and territorial tensions. Prior to this, both countries were considered part of the Soviet Union after its formation in 1922. Nestled between the two countries is a region called Nagorno-Karabakh, which has been at the center of these strong tensions.

 

This image depicts a destroyed city in Nagorno-Karabakh from the first Armenia and Azerbaijani conflict.
Agdam, a deserted and destroyed city following the first Nagorno-Karabakh war fought between Armenia and Azerbaijan from 1988 to 1994. Source: Yahoo Images

 

With the region having an Armenian ethnic majority, it established a secessionist movement in 1988 with the goal of becoming part of the Armenian Republic. This movement was challenged on the basis of the Nagorno-Karabakh region geographically belonging to Azerbaijan and control of the area granted by the Soviets to the Azerbaijani government. Pushback against the region’s secessionist movement would lead to the first violent war fought between the two countries. This would result in a ceasefire, with Armenia maintaining territorial control in 1994.

 

This image depicts a map of the involved countries/regions. Armenia on the left-most side, Azerbaijan on the right-most side, and the Nagorno-Karabakh region in the middle, highlighted in bright red.
Map of the involved countries/regions. Source: Yahoo Images

Tensions Rise Again

Three years ago, the conflict was provoked again, leading to the second Armenian and Azerbaijani War. Once again, these tensions broke out regarding the Nagorno-Karabakh region. Although the first war ended in Armenia’s favor, Azerbaijan claimed victory with the help of its Turkish allies. Similar to the result of the first war, a ceasefire was facilitated by Russia and the two countries. Azerbaijan was promised territorial control of the areas of the Nagorno-Karabakh region it captured in the war, with Armenia agreeing to release control of some areas it previously occupied.

Present-day Attacks in Nagorno-Karabakh

Even today, the conflict has continued to wage on. On December 12, 2022, the Azerbaijani government released troops in the Nagorno-Karabakh region due to a self-proclaimed “anti-terrorist military offensive.” Azerbaijan began by blockading the Lachin corridor, which is the only way Nagorno-Karabakh is connected to Armenia. This blockade weakened the import of food and other resources to the hundreds of thousands living in the region.

 

Photo of the Lachin Corridor which connects Nagorno-Karabakh to Armenia.
The Lachin Corridor, which was blockaded in December 2022 by the Azerbaijani government. The Lachin Corridor is the only connecting source between Nagorno-Karabakh and Armenia. Source: Yahoo Images

 

With the fear of attacks on loved ones and the reality of ethnic cleansing at the hands of the Azerbaijani government, tens of thousands of Armenians have fled to their home country as of September 2023. As defined by the United Nations, ethnic cleansing is the forced removal of an ethnically homogenous group through intimidation tactics and/or coercive practices. These practices can include—but are not limited to—murder, arrest, displacement or deportation, destruction of property, and severe physical injury to civilians.

Just one example of the devastating attacks of the Nagorno-Karabakh region occurred on September 19 in a village called Sarnaghbuyr. Citizens of the region have undergone extremely poor living conditions and food shortages for nine months due to the Lachin corridor blockage. Zarine Ghazaryan, a mother of four, witnessed explosions from Azerbaijan when searching for baby formula for her youngest child, Karen. Zarine was then told that one of her sons, Seyran, was wounded from the attack, and two, Nver and Mikayel, were killed. Nver and Mikayel were only ten and eight, respectively.

Along with the casualties of innocent civilians, many were witnesses to the murder of others. Arman, a fifteen-year-old, was around other children in the village when the attack occurred. He suffered wounds himself along with having to see the horrific sight of other children being killed and wounded. While the Azerbaijani government has asserted that the attacks were strictly for “neutralizing legitimate military targets,” it has left survivors and human rights experts calling the attack indiscriminate or carried out at random with a carelessness towards the safety of others.

The brutal attacks in the Nagorno-Karabakh region have violated several articles in the Universal Declaration of Human Rights. The rights of the lives of innocent civilians of the involved countries, especially those living in the Nagorno-Karabakh region have not been protected. Families who have chosen to flee to Armenia have undergone extreme hardship, with the Armenian border being backed up causing the postponing of the safe arrival of refugees. Human rights organizations, like Human Rights Watch, have called on the Azerbaijani government for the guarantee of those who have fled Nagorno-Karabakh’s return if they choose to do so. Human Rights Watch has also asserted that the Armenian language, culture, and education must be preserved and protected, without discrimination. Those who choose against returning to the region, should receive monetary reparations and the safe retrieval of any goods or property left after fleeing should be carried out as soon as possible.

Helping Nagorno-Karabakh

There have been several measures taken to help those affected. This includes humanitarian aid in the form of financial assistance, response plans, and more. In 2021, the United Nations created the Armenia Inter-Agency Response Plan. The purpose of this plan was to bring together humanitarian partners who were dedicated to helping the people of Nagorno-Karabakh. The plan outlined the highest priorities of aid and the ways in which the resources could be allocated the most efficiently. Through the Armenia Inter-Agency Response Plan, over 34,000 non-food resources were delivered to the region by UN agencies and over 11,000 school-age children were assisted in their education, among other things. In September 2023, the European Union funded 5 million euro to the Nagorno-Karabakh region, with an additional 4.5 million euro to help the displaced population and those who are still living in the region and vulnerable to violence and hostility.

Bhutan: Persecution in Paradise

Bhutanese Landscape
Bhutanese Landscape. Source: Pxfuel

 Real Life Shangri-La

Bhutan is often referred to as an idyllic Himalayan nation, a land of peace and prosperity, happiness, and beauty. After visiting Bhutan in 2017, I was even more fascinated, and truly began to understand why the small, neutral country has been dubbed a “real-life Shangri-La”. It is the only nation in the world to measure annual success by Gross National Happiness, rather than Gross Domestic Product. It is also the only country to have a carbon-negative footprint, with extraordinary levels of hydropower and renewable energy production and a zero-tolerance policy for industrial development. Bhutan is rapidly decreasing poverty rates and increasing the middle-class population. Government programs have made education and trade school accessible to most citizens who desire it. Bhutan has managed to remain neutral for hundreds of years with a minimal military presence despite being nestled between two conflicting superpowers, India and China. Citizens of Bhutan enjoy the state’s extensive social welfare programs and are enamored with the royal family that abdicated power to allow a peaceful transition to a democratic system.

In short, the nation seems like a true paradise, where culture and tradition are preserved with love and care, where nature is respected and upheld, and where one can pursue life to the fullest in a land of prosperity and opportunity. When I had the opportunity to travel through Bhutan, I was stunned by the gorgeous landscape, nation, and culture. I was welcomed with clearer air than I thought possible, a colorful landscape filled with trees and prayer flags, and adorable buildings constructed in traditional Bhutanese fashion. The people were so happy, and talked passionately about their country, royal family, and culture. There is a strong sense of nationalistic pride, and from everything Bhutan boasts, it seemed to be entirely deserved. Our guide taught us about local customs, Bhutanese Buddhism, traditional dress and building style, and masterfully escorted us through the most beautiful aspects of Bhutan and its culture. 

It was only after leaving that I learned of human rights abuses Bhutan so carefully hides from tourists. Our state-sanctioned tour guide was an instrument in how this flawless reputation has been skillfully crafted, and the execution was so perfect that nothing felt staged while I was there. I enjoyed the country within an intricate veil of ignorance, unaware of the atrocities that no one is allowed to see.

Bhutanese children in traditional attire, leaning over a balcony
Bhutanese children. Source: World Bank Photo Collection

Violations Exposed

Bhutan may appear to be a nation without error, but the country has perpetrated major human rights violations since the 1980s. For four decades, the United Nations, Freedom House and Human Rights Watch have consistently criticized and exposed Bhutan’s human rights violations. The nation is limited by strict libel laws and a culture that is unwilling to speak negatively on the king or his policies. While free speech is protected under Bhutan’s constitution, it is rarely practiced and this self-censorship is coupled with a flawed judicial system that harshly punishes those found to be committing the dangerously broad charge of libel. In 2016, a Bhutanese reporter faced libel fines of up to 10 years salary for critiquing a prominent businessman on Facebook. With penalties like this, it is no wonder that citizens of Bhutan do not dare criticize the crown, even though free speech is allegedly protected. Bhutan has been on a Human Rights Watch list since the 80s due to prolific persecution of ethnic minorities. While Bhutan has received credit for its positive changes since transitioning into a democracy in 2008, they still have a long way to go before they can be considered a free nation.

Bhutanese refugees sitting outside
Bhutanese refugees. Source: Creative Commons

Ethnic Cleansing Pre-Democracy

The horrific treatment of the Lhotshampa people in Bhutan is the most atrocious human rights violation known to be committed by the Bhutanese government. The Lhotshampa people are Bhutanese residents with Nepali ethnic backgrounds, who have lived in Bhutan for generations but still speak a separate dialect and have a differing culture from the majority in Bhutan. In order to understand the current plight of Nepali migrants in Bhutan, we must understand a little bit of the once-neighboring nation, Sikkim. Sikkim was once an established monarchical state with most of its population being of Mongolian/Tibetan descent as Sikkimese, just like the ethnic Bhutanese. However, Sikkim faced a mass migration of ethnic Nepalis (of Hindu and Indo-Aryan descent) that caused the people of Sikkim to become a minority in their own nation. Sikkim fell as an independent state and was annexed by India in the 1950s, and the leaders of Bhutan have used the fall of Sikkim as a fear-inspiring example ever since. It is this nationalism and fear of losing sovereignty to one of the superpower neighbor states that has created such a widely supported systemic oppression of the Lhotshampa people in Bhutan.

Bhutan faced its greatest human rights violations in the 1990s, as strong nationalism and resentment towards the Lhotshampa people came to a boiling point. The refugees crossed the border with tales of an ethnic cleansing occurring in Bhutan, stating they were given mere days to sell their homes and were marched from rural villages to Nepali refugee camps. The government’s forces accompanied the refugees across the border with loaded guns and photographers, and according to a Lhotshampa teen interviewed by the Human Rights Watch, “[They] told me to smile…He wanted to show that I was leaving my country willingly, happily, that I was not forced to leave”.  It is estimated that the total number of refugees produced in the 1990s was just above 100,000, which is absolutely astounding when we look at Bhutan’s current national population of 780,000. While Bhutan is often portrayed as a modern “Shangri-La”, the seemingly idyllic Himalayan country created more refugees per capita  than any other nation in the world in our recent history. Of those 100,000 refugees, 85% have now been rehoused in the United States.

 Bhutanese man with child
Bhutanese man with child. Source: Creative Commons

Democratic Safeguards Fail

Despite the nation peacefully transitioning towards a democratic state in 2008, the new government has continued the systematic harassment of the minority group, even increasing certain anti-Lhotshampa policies. While the Lhotshampa are no longer persecuted as openly as they were in the early 1990s, they still face significant discrimination within the nation their families have called home for generations. Out of countless treaties currently in existence to protect and defend human rights, Bhutan has only signed two. Bhutan signed the Convention on the Rights of the Child (CRC) in 1990, and many within the international community argue that Bhutan has violated the convention due to the large population of children within the persecuted Lhotshampa refugees.

Perhaps the most recent evidence proving such discrimination came with Bhutan’s new constitution in 2008, when Lhotshampa people discovered their citizenship was up for debate, and access to passports and documentation became determined by financial, marriage, or literacy status, which is very reminiscent of the second-class citizenship African Americans faced in the United States. Some of the limitations imposed upon Lhotshampas with these targeted passport systems are the inability to travel internationally, which is a blatant violation of both the right to Freedom from Discrimination and the Right to Movement established in the Universal Declaration of Human Rights. One of the brilliantly cruel aspect of the passport stipulations is that while Lhotshampa people may freely leave the country, it is extremely unlikely that they will be allowed to return. For many, a trip to visit neighboring India or Nepal is the termination of calling Bhutan their home. Essentially, the Bhutanese government made it abundantly clear that Lhotshampas are not welcome in Bhutan. 

In addition, while there is no clear law preventing Lhotshampas from purchasing property or moving freely within Bhutan itself, it is extremely unlikely in practice that Lhotshampas will be able to secure property or livelihoods outside of specific regions that have become socially designated for them. Bordering nations like Nepal continue to host new refugees fleeing a land many consider to be peaceful, sacred, and free of worldly troubles. Lhotshampas have continued to cross the Nepali border to refugee camps since 2008 purely out of desperation from lack of work or freedoms in Bhutan. Websites like these provide some much needed insight into the current plight of the Lhotshampas, as well as what life is like for those still awaiting rehousing inside of their temporary refugee camps. 

Refugees outside of a small hut
Refugees outside of a hut. Source: United Nations

How to Help

In order for change to be made, Bhutan needs continual pushes from the outside world. By spreading the true story of the Lhotshampa people and looking for ways to get involved, you are directly contributing to decades old efforts to ease the horrors they face. Creating action on any level is an excellent way to assist the Lhotshampa people and refugees like them. If you would like to donate or volunteer to assist Lhotshampa refugees, there are countless local and international efforts that will put anything you can give to great use. Reputable non-profits like Sewa USA use funds to provide necessities, transportation and employment help for Bhutanese refugees in the United States, and the World Food Programme uses donations to provide food and resources to Lhotshampas still displaced in refugee camps. Ultimately, resource-based aid is an excellent way to assist those who have been cruelly displaced and discriminated against, but only international pressure for domestic changes within Bhutan will be able to stop the persecution and prevent any more Lhotshampas from becoming refugees.

Violence in the Tigray region of Ethiopia

In the northernmost part of Ethiopia, there is a region composed of an ethnic minority called the Tigrayans that oppose increasing the power of the central government. This region has 7 million ethnic Tigrayans, which is 7% of Ethiopia’s population, and they have a significant influence on national affairs. The conflict between the government of Ethiopia and Tigray has been growing since the current Prime Minister took power in 2018. Ethiopian Prime Minister Abiy Ahmed wants to unify the country by increasing the power of the federal government and taking power away from autonomous regions like Tigray. 

Prior to Abiy taking office, the regional government called Tigray People’s Liberation Front had a lot more authority. TPLF had been in power for more than three decades until they were forced to step down by protestors. President Abiy created a political party that united several ethnic minorities to form the Prosperity Party. TPLF decided to not become a part of this party and remain in control of the Tigray region. After this decision was made, key Tigray leaders were taken out of power due to accusations of corruption. The Ethiopian government also delayed elections in 2020, which the leaders of Tigray opposed. In resistance to Abiy’s government trying to take away their autonomous power, Tigray held regional elections in September 2020. 

Ethiopian Prime Minister Abiy Ahmed on the left in Tshwane, South Africa
GovernmentZA

In response to the regional elections, the federal government declared them illegitimate and cut funding to the region in October. Ethnic tensions in Ethiopia have been a problem since the military junta overthrew the centuries-old monarchy in 1974. The TPLF and another political party representing the Oromo people pushed against the junta because they perceived the takeover as a domination of the Amhara people and language. Since then, violence has occurred as tensions rise between different ethnic groups. In July 2020, accusations of ethnic cleansing against Oromo youth were made when groups targeted Amhara and Gurage people in the Oromia region. Most ethnic groups in Ethiopia have faced violence from other groups or exclusion by the central government depending on which political party was in power.

The situation in Tigray escalated to violence in November 2020, when TPLF laid siege to a key Ethiopian military base at Sero. In response to the attack by mortar and tanks, the Ethiopian government launched an offensive against the Tigray region. By the end of November, the federal government’s forces had retaken Mekelle, the capital city of Tigray. In the aftermath of the conflict, accusations of genocide and ethnic cleansing of Tigrayans have been made against the government of Ethiopia and their Eritrean allies. The most notable figure to bring this light has been the leader of the Tigray region, Debretsion Gebremichael. In an interview in February, Gebremichael called for an independent probe into the alleged killings, rapes, and torture. 

A protest in Addis Ababa against the TLPF when they were in power in 2014
Gadaa.com

The US State Department has released credible reports and accounts that support claims of ethnic cleansing and other human rights abuses. Reports include indiscriminate shelling on civilians by the Ethiopian government and looting by soldiers after Tigrayans fled the area. The abuse allegations are not limited to the government of Ethiopia. Eyewitnesses report that Eritrean soldiers fired on a crowd of Tigrayans leaving Maryam Dengelat church in Dengelat, a village in the east of the Tigray region. CNN also spoke to doctors that are reporting sexual violence used as a weapon against women in the area.

The conflict has led to tens of thousands of Tigrayans fleeing as refugees into neighboring Sudan. Thousands are believed to have been killed, though numbers are only estimates since human rights organizations are unable to get into the area due to fighting. One Ethiopian official said around 2.2 million people have fled their homes. In the past few weeks, journalists have finally been able to get into the region to release witness accounts and situation reports. In recent decades, Ethiopia has been a close ally of the United States and a stable presence in the Horn of Africa. Analysts worry that the recent human rights abuses and conflict may upset this status and make Ethiopia a source of instability.

People from the Trigray region of Ethiopia
Rod Waddington

Reports of genocide and ethnic cleansing in Tigray are just the most recent reports of violence against minorities in Ethiopia. The linguistic and religious makeup of the country makes it one of the most diverse in the region. Minority Rights Group International keeps a world directory based on census data, and Ethiopia consists of over 90 distinct ethnic groups that speak 80 different languages. The country is 43.5% Orthodox Christian and 33.9% Muslim, with the remainder following Protestantism, Roman Catholicism, and traditional religions. The largest ethnic groups include the Oromo at 34.9% of the population, Amhara at 27.9%, and Tigray at 7.3%. The unique makeup of groups with different beliefs creates a difficult terrain for the government in power to navigate and future cooperation against violence is necessary to end the hate against minority groups.

Justice(s) for Crimes Against Humanity: The Uyghur Muslims in China

*a topographical map depicting where many Uyghur Muslims live in Western China*
“Outline map showing Keiry / Yutian County in Xinjiang, China” by centralasiatraveler, Creative Commons

In early November 2018, the United Nations confronted China about the Chinese government’s human rights record since 2013, with UN Member States pointing specifically to China’s suppression of the Tibetan people and for the barbaric ‘re-education camps’ used to indoctrinate the Uyghur Muslims in the Xinjiang province.  China flatly denied these allegations, contending they are politically motivated and violate Chinese national sovereignty.  While the ongoing conflict regarding Tibet has been covered for decades (you can read an IHR post about it here), the plight of the Uyghur Muslims in China is arguably less familiar to laypersons with vested interests in human rights.  This blog post explores the history of the conflict with the Uyghur, how the international community typically handles these kinds of human rights violations, and what everyday citizens can do to help the Uyghur.  For another perspective on the plight of the Uyghur, read my colleague Dianna Bai’s post here.

History of the Conflict

The Uyghur are an ethnically distinct group, hailing originally from the Altai Mountains in Central Asia, now spread through Central and East Asia (Roberts, 2009).  Scholars frequently debate the heritage of the Uyghur; government-sanctioned Chinese historians claim the Uyghur are indigenous to the Tarim Basin (located within the Chinese Xinjiang province), while most historical accounts situate the Uyghur as descendants of peoples in modern-day Mongolia (Roberts, 2009).  Until recently, many scholars believed that the Soviet Union groomed Uyghur nationalist sentiments during the Cold War, intending to use the fledgling Uyghur people as a colonized Soviet pseudo-nation to exert political and cultural influence in the East Asian theater (Roberts, 2009).  This view has since been challenged, as Uyghur Muslims have long defined themselves an ethnically distinct group with the goal of creating their own nation on sovereign territory, intended to be called Uyghurstan (Roberts, 2009).  Today, the Uyghur of China largely practice Sunni Islam, speak their own language (similar to Uzbek), and some Uyghur label the territory they inhabit “East Turkestan”, not the Xinjiang providence of China.

The Xinjiang providence, located on the fragments of the ancient Silk Road, is rich in resources and attracted the migration of many Han Chinese to the province (aided and abetted by the Chinese government).  This migration brings us to the present day.  Beginning in 2009, the Chinese government has cracked down on Uyghur dissidents and rioters expressing a frustrated desire for autonomous rule (some of these Uyghur were subsequently exiled to the United States).  In 2016, the Chinese government amped up their approach to the Uyghur, attempting to squash Uyghur cultural practices to create a culturally homogenous Xinjiang province.  The Chinese justified these practices by claiming their motivation was to reduce religious extremism in the Xinjiang region.  Homogenization efforts included banning baby names (such as Medina, Jihad, and Muhammad) and restricting the length of beards; both aforementioned names and the tradition of long beards stem from the Uyghur’s Islamic faith.  These tactics are part of the Chinese government’s “Strike Hard” campaign, designed to specifically monitor the Uyghur situation in Xinjiang.  In addition to cultural destruction, the Chinese have recently implemented surveillance programs designed to monitor separatist movements, jihad-ism, or proto-nationalist sentiment.  Surveillance programs largely take the shape of indoctrination (or ‘re-education’) camps.

The United Nations has received verifiable reports that up to one million Uyghur (approximately 10-11% of the adult Muslim population in the region) are currently held against their will in these re-education camps.  The Chinese government, however, claims these are vocational centres, designed to empower the ethnic Uyghur to learn the Chinese language, Chinese law and ideology, and gain workplace skills.  Dilxat Raxit, spokesman for the World Uyghur Congress (more on the WUC later), has publicly decried the camps, as they incessantly monitor Uyghur prisoners through sophisticated facial recognition software, designed with the intention to predict individual or communal acts of protest through the analysis of the prisoners’ micro-expressions (and no, the current year is not 1984).  The prisoners in these camps are expected to ‘secularize’ and ‘modernize’; the Chinese government conditions the entrapped Uyghur Muslims by forcing the prisoners to wish Chinese President Xi Jinping ‘good health’ before the prisoners are given food, thank the Chinese government and Communist Party, and renounce devotion to the Islamic faith.  Furthermore, Uyghur Muslims have been forced to eat pork and drink alcohol during their imprisonment which, for many devout Muslims, is forbidden by the Islamic faith.  One escapee who found asylum in Kazakhstan testified that she “worked at a prison in the mountains” in Xinjiang and was forced to teach Chinese history during her imprisonment.

The Chinese government has not limited its repression to these detention centers.  Beginning in 2016, Uyghur Muslim communities in the Xinjiang province have been subjected to China’s “Becoming Family” initiative (also directed by the government’s “Strike Hard” campaign).  The Chinese government mandates ‘home stays’ (lasting between five days and up to two months) within these communities, dispatching over one million cadres to closely monitor the private homesteads of the Uyghur communities.  These cadres monitor ‘problematic behavior’ such as suspected alcoholism, no alcohol consumption whatsoever (a sign the family is devout Muslim), uncleanliness, and other signs that the Uyghur are becoming ‘too Muslim’ for the secular Chinese government.  Finally, these cadres are tasked to promote ‘ethnic unity’ in the region, spouting the dangers of Islamism, pan-Turkism, and so on.  These spies of the state document every move of the Uyghur communities, reporting intelligence back to the Chinese government, who then specifically targets individuals and families suspected of dissident behavior.  It is impossible to track how many ‘dissidents’ (whether in their home communities or in the Uyghur detention centers) have been murdered by the Chinese government.  A prominent Uyghur human rights activist recently lamented,

Every single Uyghur abroad has relatives waiting for a slow death in these camps… innocent Uyghurs are now counting their final days of isolation under physical, psychological, and spiritual torture.

This begs the question: how do human rights organizations (from the United Nations to the Institute for Human Rights) classify this level of social, cultural, and civil repression?  And furthermore, how can human rights organizations utilize this classification to mobilize aid for the Uyghur Muslims?

A pair of Uyghur elders lead a donkey and boy across a Chinese marketplace
“Uyghur elders” by Todenhoff, Creative Commons

Addressing Crimes Against Humanity

The Rome Statute of the International Criminal Court, Article 7, broadly characterizes Crimes Against Humanity (CAH) as:

any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

  1. Murder;
  2. Extermination;
  3. Enslavement;
  4. Deportation or forcible transfer of population;
  5. Imprisonment or other sever deprivation of physical liberty in violation of fundamental rules of international law;
  6. Torture;
  7. Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
  8. Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
  9. Enforced disappearance of persons;
  10. The crime of apartheid;
  11. Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

In theory, the plight of the Uyghur Muslims certainly falls within this definition, as the Chinese government is violating parameters 1, 3, 5, 6, 8, 9, and 11 of the Rome Statute.  Again, in theory, this means the international community has an obligation to both classify this as a CAH and prosecute both the Chinese government as a whole and individual officials directly responsible for the repression of Uyghur Muslims.  In practice, however, formally prosecuting CAH are tricky.

To prosecute CAH, a step towards retributive justice, one of two forms of jurisdiction must apply: the state must either (a) be a member to the Rome Statute / International Criminal Court (ICC); or (b) the case is referred to the ICC Prosecutor by the United Nations Security Council (UNSC).  In this case, China is not a State Party to the Rome Statute, so requirement (a) is out.  Regarding requirement (b), the UNSC can indeed refer this to the ICC Prosecutor.  However, since China is a permanent member of the UNSC with full veto power, it seems extremely unlikely the Chinese government would permit a prosecution against its own state.  So what options are left for the international community to protect the Uyghur Muslims and hold their repressors to justice for this ‘unofficial’ Crime Against Humanity?

If the international community suspects a state conducts COH, accusatory states may take indirect action to punish the offender state.  Here’s one example of such indirect action: US Senators Rubio (R-FL) and Menendez (D-NJ) and US House Representatives Smith (R-NJ) and Suozzi (D-NY) are set to introduce legislation to US Congress proposing (a) the creation of a State Department role to monitor the persecution of Uyghur Muslims; and (b) the Secretary of Commerce enact sanctions to state agents in the Xinjiang province.  Indirect action, whether government-led sanctions or non-governmental tactics (e.g. ‘naming and shaming’), aims to overcome the absence of international legal precedent in circumstances such as these (Franklin, 2015).  The endgame of indirect action in circumstances such as these is to either offer an incentive for states to cease CAH or increasingly layer punishments (whether economic or otherwise) to render the CAH more trouble than it’s worth.  In this case, the ideal outcome for US Congress members is that the threat of economic sanctions would punish the Chinese, forcing the state to choose economic growth as a higher-ranking priority than repressing the Uyghur.

A final alternative to addressing CAH is that of truth and reconciliation commissions (TRC; Landsman, 1997).  TRC’s are structured around the idea of restorative justice, meaning that in the wake of CAH, damaged communities themselves work with the international community to: (a) collect ‘facts-on-the-ground’ about ongoing repression, (b) negotiate with the repressing state to end the CAH, and (c) devise solutions to repair the trauma caused by the CAH (Longmont Community Justice Partnership, 2017).  This is a human-driven approach, placing the victims themselves at the center of the process to document, cease, and heal from CAH.  In the this case, this would mean international NGO’s would connect with local Uyghur Muslims in the Xinjiang Province; document the short-, intermediate-, and long-term needs of the afflicted communities; and allow this joint collaboration to drive local and international efforts attempting to bring the CAH to a close.

 

an Uyghur group holds their native flag while protesting repression against the Uyghur people
“Uyghurs protesting” by Paul Keller, Creative Commons

Justice(s) for the Uyghur

Resolving the plight of the Uyghur is a highly complex issue.  Formal legal mechanisms, such as referring this case to the International Criminal Court, are constrained by the structure of international governing bodies.  Indirect action, such economic sanctions proposed by members within the US Congress, have historically had a low success rate (~34% rate of success) to compel policy change (Pape, 1997).  Finally, truth and reconciliation commissions have been criticized for their toothlessness regarding holding human rights violators responsible for their crimes (Van Zyl, 1999).  What, then, can we do?

The World Uyghur Congress (WUC), whose president Dolkun Isa is an exiled Uyghur Muslim, is taking a hybrid approach to seeking justice for the Uyghur.  The WUC’s platform combines the three previously discussed approaches (retributive justice, economic sanctions, and restorative justice), channeling their efforts into international governance, state-level policy and advocacy, and community-driven capacity building.  The WUC, steered by survivors of the conflict themselves, aims to achieve justice(s) for the Uyghur people, through a multi-lateral and multi-level approach.  While many of their efforts are aimed at high-level government officials and advocacy networks, the WUC additionally aims to engage, educate, and empower ordinary citizens (like you, the reader) to make meaningful contributions towards ending the repression of the Uyghur, ranging from advocacy training to planning peaceful protests.  The WUC (and other innovative NGOs addressing other global human rights violations) understands that it is not only the United Nations and its member states that can end human rights violations.  Ordinary citizens themselves must take up the mantle of protecting human rights when the hands of the international community are tied.  Creating justice for crimes against humanity is the responsibility of all global citizens – and here’s what you can do to help.

References

Franklin, J. C. (2015). “Human rights naming and shaming: International and domestic processes” in H. R. Friman (Ed.) The Politics of Leverage in International Relations. London, UK: Palgrave Macmillan.

Landsman, S. (1997). Alternative responses to serious human rights abuses: Of prosecution and truth commissions. Law and Contemporary Problems, 59(4), 81-92.

Longmont Community Justice Partnership (2017). Restorative Conversations and Agreement: Structured Conversations for Resolving One-on-One Conflict. https://boulderhousingcoalition.org/wp-content/uploads/2017/12/Restorative-Conversations-and-Agreement-Meetings-for-BHC-Manual.pdf

Pape, R. A. (1997). Why economic sanctions do not work. International Security, 22(2), 90-136.

Roberts, S. R. (2009). Imagining Uyghurstan: Re-evaluating the birth of the modern Uyghur nation. Central Asian Survey, 28(4), 361-381.

Van Zyl, P. (1999). Dilemmas of transitional justice: The case of South Africa’s Truth and Reconciliation Commission. Journal of International Affairs, 53(2), 647-667.

Crisis in Myanmar: Ethnic Cleansing of the Rohingya

**This is a repost. Please make plans to join us for a lecture and discussion with Dr. Wakar Uddin on Monday, Nov 13 at 630pm, in the Edge of Chaos.

Taung Paw Camp in Rakhine State – Burma.
Taung Paw Camp in Rakhine State – Burma. Source: Foreign and Commonwealth Office, Creative Commons.

Trigger warning: this blog references graphic physical and sexual violence. Please do not read if easily affected by these topics.  

“Now is the worst it has ever been. We have heard from our grandparents that there were bad things happening in the past too, but never like this.” – interviewee from Pwint Hpuy Chaung commenting on the violence in the Rhakine, Myanmar

Ethnic cleansing. State-sponsored violence. Genocide. This is what the Muslim Rohingya and most scholars would call the egregious human rights violations carried out by the state over the last eleven months. Myanmar’s government disagrees. The village-burning, mass-murdering campaign has been a legitimate effort against militant Rohingya insurgents from their perspective. The Rohingya are members of an ethnic and religious minority group that has suffered discrimination from the Buddhist-dominated state for years. A large population of Rohingya live in the Rhakine, an extremely poor area on the coast of Myanmar. Though the Rohingya have been living in Myanmar for generations, the ethnic majority considers the group to be illegal Bengali outsiders. The minority group has been denied citizenship for decades and has recently had restricted travel with the institution of state-sponsored “Muslim-free zones.” The decades of discrimination came to a head in last October, when Rohingya militants killed nine police officers. In response, Myanmar government began a colossal campaign to push Rohingya into Bangladesh through burning entire towns, executing villagers, destroying food supplies, and widespread sexual violence. Officials describe the campaign as targeting militant insurgents, yet vulnerable groups like women, children, and the elderly have been beaten, murdered, and raped at a wide level. Entire communities have been devastated through arson, executions, and looting. The violence has been strategic in an effort to drive out the Rohingya. The mixing of mud with village grain supplies forces surviving villagers to flee or starve.

Interviews with refugees from the region conducted by the United Nations Office of High Commissioner on Human Rights (OHCHR) report of atrocities like murders of newborn babies, massive gang rapes of girls as young as eleven, houses set on fire with entire families locked inside, and brutal beatings of pregnant women.

“In Kyet Yoe Pyin I saw the military killing a newborn baby of a distant relative … My relative could not come out [of her house] as she was in labour so they dragged her out and hit her stomach with a big stick. They killed the baby by stomping on it with their heavy boots. Then they burned the house.” -19 year old woman from Ngar Sar Kyu (OHCHR 2017)

Much of the violence is fueled by decades of religious and ethnic discrimination against the Rohingya, a majority Muslim population within a Buddhist state. When the October 9, 2016 attack occurred, religious tension reached a boiling point. As a part of the government’s reaction, state military officers have been committing heinous crimes against innocent Muslim individuals. Survivors report their attackers as saying, while raping or beating them, “What can your Allah do for you? See what we can do?” Women systematically dragged into holy places to be gang-raped by groups of soldiers. A long beard is a religious practice among the Rohingya; however, several religious leaders have been publicly humiliated by having their beards shaved or burned off with melting plastic. Holy Qurans have been gathered and burned, and numerous religious leaders are kidnapped and murdered. There is also the denial of families to perform religious ceremonies to mourn their dead.

“I was rounded up, along with 30 others villagers, who were mainly youngsters. They tied my hands behind with a rope. They burnt plastic and dropped melted plastic on my feet and neck. They also burnt my beard with burning plastic.” – Religious leader (OHCHR 2017).

Aung San Suu Kyi
Aung San Suu Kyi. Source: Global Media Sharing, Creative Commons

Activists worldwide, including Malala Yousafzai and Archbishop Desmond Tutu, have called the Myanmar government’s response to last October’s incident “grossly disproportionate”. Many specifically criticize Myanmar’s de facto leader and Nobel laureate Aung San Suu Kyi for her leadership during this period. Aung San Suu Kyi won the Nobel peace prize in 1991 “for her non-violent struggle for democracy and human rights” (Nobel Peace Prize 1991). Today, some see this as incredibly ironic, even labelling the atrocities of her administration as crimes against humanity. In fact, the U.N. High Commissioner on Human Rights Zeid Ra’ad Al Hussein calls the campaign “a textbook example of ethnic cleansing.” Harsh V. Pant suggests that while Suu Kyi, the de facto leader, does not control the military, “her refusal to condemn military abuses against Rohingya provides the generals with political cover”.

Aung San Suu Kyi’s leadership as a prominent factor is why international forces have not yet intervened. Suu Kyi is a much-loved public figure, has garnered enough legitimacy to make the violence seem possibly justified. Suu Kyi’s struggle to gain democracy in Myanmar nearly a decade ago brought globally acclaimed; however, these new democratic processes have magnified prejudices of the public. Suu Kyi herself has expressed anti-Muslim sentiment at times. Peter Popham describes a 2013 interview conducted by BBC presenter Mishal Husain, the Nobel laureate was heard saying angrily, “no one told me I was going to be interviewed by a Muslim.” This statement is a strong indication that Aung San Suu Kyi’s non-violent legacy should be dismissed when considering the legitimacy of Myanmar’s claims.

The Myanmar government has recently blocked UN forces from entering the country to administer aid so refugee testimonies are the source of much of the information on the violence. Over half of the refugees report family members still missing after officers rounded up important male villagers–teachers, businesspersons, and religious leaders. Fifty-two percent of women reported experiencing sexually violence in some way – usually during public nude line-ups of female villagers, where officers grope, slap, and pinch the vulnerable women. Most reported occurrences of mass executions by knife or shooting, including babies, toddlers, children, women, and elderly people. OHCHR in January’s flash report is the source of the collected data and all the reports of violence cited earlier.

Rohingya Refugee Women Stand By Their Homes
Rohingya Refugee Women Stand By Their Homes. Source: US Department of State, Creative Commons. Source:

These issues have been ongoing since last October’s attack, but fighting began anew last month when Rohingya militants once again launched an attack that killed nearly a dozen security officers. The group that launched the attack call themselves ARSA, or the Arakan Rohingya Salvation Army. Nearly three-hundred thousand Rohingya are currently fleeing this violence, but have faced obstacles every step of the way. The path to the Bangladesh border is treacherous already, weaving through mountains and jungles, but Myanmar security forces have added additional danger. Yanghee Lee, Special Rapporteur on the human rights situation in Myanmar, said, “Rohingyas [are] being indiscriminately killed and injured by military gunfire, even while fleeing, and helicopters and rocket-propelled grenades being used against the civilian population.” Amnesty International reports that Myanmar security forces have been putting land mines along the route of fleeing refugees. Even if the violence dies down and refugees attempt to return home, they will likely be denied entry back into Myanmar. The government has recently released a statement that any returnees are required to show proof of citizenship — something that has been denied to Rohingyas for decades.

The international response has been halfhearted at best. Entities like the United Nations and Amnesty International have collected information through interviews and satellite surveillance, yet, Myanmar still refuses to allow international aid. India, one of the most powerful countries in the region, has shown support to the Myanmar state by condemning ARSA and being hostile to Rohingya refugees. U.S. Ambassador to the UN Nikki Haley seems to tiptoe around the matter by similarly condemning Rohingya violence but reminding Myanmar to “adhere to international humanitarian law, which includes refraining from attacking innocent civilians and humanitarian workers.” In a situation of clear ethnic cleansing, politically delicate statements like these are insufficient.

Human rights violations at this level and scale are painful to read about and not become stricken with grief. However, we must keep in mind that hope is still alive—the world is in the process of becoming a better place, and awareness of these topics is vital to that change. To those who are reading this, remember to treat yourself kindly. When the horrors of the world make you feel hopeless, remember the good that still exists. Remember to take a break every so often to recharge. Whenever I feel like the world is just too bad to improve, I remind myself of this quote by Anne Frank: “I hold onto my ideals because, in spite of everything, I still believe that people are good at heart.”

The Birmingham Islamic Society (BIS) will host a demonstration for Rohingyas outside the Hill Student Center on Saturday, September 16 at 12-1:30PM. The event is free and open to the public.