gambia sue myanmar

Sands, who is counsel for the Gambia, said: “The international court of justice is the ultimate guardian of genocide convention, conceived seven decades ago, on the initiative of Raphael Lemkin [the lawyer who devised the convention], to prevent and punish the horrors of the kind that have occurred – and are continuing to occur – in Myanmar. Copyright © 2021 IPS-Inter Press Service. The lawsuit by the Gambia is supported in large part by the Organisation of Islamic Cooperation, and is being led by Attorney General and Minister of Justice of the Gambia Abubacarr M Tambadou, who decided to pursue actions after a recent visit to Cox’s Bazar in Bangladesh, a region where about 900,000 Rohingya refugees are living in camps in that the United Nations Office for the Coordination of Humanitarian Affairs has termed the world’s biggest refugee camp. 3. failing in both of these attempts, the Muslims of Yakhine began the Muslim Insurgency and Terrorism, that has been going on for the past 70+ yaers with the grand finale of 2016/17 and a mass exodus. Even though the crisis has been ongoing for decades, it’s a crucial time for the lawsuit to be filed, advocates say. On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. When they emerged, the women saw bodies of men and boys who had been piled up and burned using hay, harvested rice and shirts removed from the victims. On 18 May 2020, The Court issued an extension for The Gambia's memorial and set a filing deadline of 23 October 2020. Suu Kyi, however, has not budged from her position. In case Myanmar does not comply with the requirements of the lawsuit, Reichler says the court can take further actions or the international community “can react with political measures”. Women and children were taken to a house where they “heard repeated gunfire and the screams of the men and boys outside”. In the aftermath of the lawsuit, her government has set up a legal unit while she aims to lead the country’s defence at the ICJ, with a hearing expected on Dec. 10. A statement released Monday by lawyers for Gambia says the case also asks the International Court of Justice to order measures "to stop Myanmar's genocidal conduct … A “pervasive campaign of dehumanisation” had preceded the attacks, including demands from the local Rakhine Nationalities Development party for a “final solution” to deal with the Rohingya, the application notes. The 600,000 Rohingya who remain in Myanmar are said to be in “real and significant danger” of further genocidal acts. on: November 12, 2019. When Aung San Suu Kyi rose to power there were high hopes that the Nobel peace prize winner would help heal Myanmar's entrenched ethnic divides. Because the country has not signed up to the court, however, the claim relies on more complex legal basis that the alleged crime of deportation of hundreds of thousands of Rohingya refugees partially took place inside neighbouring Bangladesh, which is a member of the ICC. Its attorney general, Abubacarr Marie Tambadou, previously served as a special assistant to the prosecutor at the international criminal tribunal for Rwanda. Each side gave its arguments, with Aung San Suu Kyi representing Myanmar alongside a team of international legal counsel led by genocide scholar William … Myanmar is to face accusations of genocide at the UN’s highest court over its treatment of Rohingya Muslims. During these operations, the Gambian submission says, troops “systematically shot, killed, forcibly disappeared, raped, gang-raped, sexually assaulted, detained, beat and tortured Rohingya civilians, and burned down and destroyed Rohingya homes, mosques, madrassas, shops and Qur’ans”. The international community should no longer have illusions where Suu Kyi and the civilian government stand and must act to support the Gambia and take other measures to hold Myanmar accountable.”. Gambia filed a case at the International Court of Justice in The Hague, the United Nations' highest court, accusing Myanmar of genocide in its campaign against the Rohingya Muslim minority. In a highly unusual move, the tiny West African nation of The Gambia on Monday filed a lawsuit against Myanmar, accusing it of perpetrating a genocide on ethnic Rohingya Muslims which forced hundreds of thousands to flee the Asian nation. “No one has been held accountable,” Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. In a highly unusual move, the tiny West African nation of The Gambia on Monday filed a lawsuit against Myanmar, accusing it of perpetrating a genocide on ethnic Rohingya Muslims which forced hundreds of thousands to flee the Asian nation. “Aung San Suu Kyi and the civilian government failed to act against genocide in Rakhine State with any level of urgency and have taken no steps to hold the military to account,” Radhakrishnan said in a statement for Suu Kyi’s announcement. Speaking on Thursday, Suu Kyi warned that the case against Myanmar could “undermine reconciliation”. UNITED NATIONS, Dec 3 2019 (IPS) - On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. They continue to remain in camps in Bangladesh, where they are vulnerable to human trafficking and other forms of violence. And the Rohingya people’s continuing refusal to go back is only testament to the lack of security for them in Myanmar. “It’s the same forces [that] remain in Rakhine state, they remain kind of [as a] part of the military with no punishment. Over the past years, hundreds of thousands of Rohingyas have fled to neighbouring Bangladesh for refuge, sparking one of the more dire refugee crises of the decade. Damning U.N. Report Outlines Crimes Against Rohingya As Children Suffer from Trauma One Year Later. The prosecutor of the international criminal court (ICC), also in The Hague, has already opened a preliminary investigation against Myanmar. 7. that the so called ROHINGYAS that are now in Bangladesh are in fact Bangladeshi’s themselves from the 1971 refugees – that Bangladesh has been deliberately avoiding to accept. UNITED NATIONS, Dec 3 2019 (IPS) - On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. “[The] main thing we’re asking for is final judgment…in the interim to prevent further irreparable harm.”. Myanmar should in fact today adopt the Malaysian Bumiputera Policy and apply it to the Muslims of Yakhine State in particular??? Violence broke out in northern Rakhine state in August 2017, when militants attacked government forces. “The genocidal acts committed during these operations were intended to destroy the Rohingya as a group … by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages, often with inhabitants locked inside burning houses,” it says. Members of Myanmar’s military were the “prime operatives” behind a “systematic campaign on Facebook” that targeted the Rohingya, the submission says. They continue to remain in camps in Bangladesh, where they are vulnerable to human trafficking and other forms of violence. Others had their throats cut with long knives. Bangladesh played an important role in opening the case against Myanmar. 8. About 95% of the Gambia’s population is Muslim, and its role was welcomed by human rights groups. against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. As a matter of correctness – it is the Muslim Leaders and their followers that should be on Trial for Treason/Genocide/Rape/Damage of State Property. The application has been drafted with the help of Prof Philippe Sands QC, who has written a book tracing the origins of the genocide convention. Since the departure of its former dictator in January 2017, The Gambia … She continues to justify the torture of Rohingyas while branding them as “terrorists” owing to a 2017 attack that sparked the most recent exodus. Nov. 12, 2019 UNITED NATIONS — In a highly unusual move, the tiny West African nation of The Gambia on Monday filed a lawsuit against Myanmar, accusing it of perpetrating a genocide on ethnic Rohingya Muslims which forced hundreds of … Will the UN hold Myanmar’s Military Accountable for Its Crimes against Children? The men and boys were separated. Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v. Myanmar) - The Court indicates provisional measures in order to preserve certain rights claimed by The Gambia for the protection of the Rohingya in Myanmar Rohingya people say they are descendants of Muslims, perhaps Persian and Arab traders, who came to Myanmar generations ago. The Gambia acceded to the Convention on 29 December 1978, without entering any reservation. Existence of a dispute relating to the … where has Little Gambia and the OIC been for the past 70 years ie. It is a shame for our generation that we do nothing while genocide is unfolding right before our own eyes.”. He was instrumental in encouraging the Organisation of Islamic Cooperation to support the case against Myanmar. Little Hope of Justice for Rohingya, Two Years after Exodus, With Poor Human Rights Record, Repatriation Not Possible, Damning U.N. Report Outlines Crimes Against Rohingya As Children Suffer from Trauma One Year Later, United Nations Office for the Coordination of Humanitarian Affairs, COVID-19 Brings Fresh Challenges to Nigeria’s Leprosy-affected, Biogas in Argentina: Turning an Environmental Problem into a Solution, Kenya’s Dryland Farmers Embrace Regenerative Farming to Brave Tough Climate, India Under Siege From Covid-19: The Worst Yet to Come. Dr Ousman Gajigo In a strange piece of news, our Attorney General and Justice Minister, Mr. Abubacarr Tambadou, announced last week that The Gambia will file genocide charges against Myanmar at the International Court of … Rohingya after they fled Myanmar in 2017 arrive at Shahparir Dip in Teknaf, Bangladesh. The Gambia, an African nation located more than 11,500 kilometers from Myanmar, filed a case at the ICJ claiming that a conflict exists between it and Myanmar regarding the interpretation and application of the Convention based on how the government of Myanmar was treating the Rohingya population, which the Gambia claimed rose to the level of genocidal acts. The Gambia and Myanmar are parties to the Genocide Convention. Tambadou, who qualified as a barrister in the UK, said he wanted to “send a clear message to Myanmar and to the rest of the international community that the world must not stand by and do nothing in the face of terrible atrocities that are occurring around us. US Support for Vaccine Waiver Welcome, but More Needed. Unlike the Buddhist community, they speak a language similar to the Bengali dialect of Chittagong in Bangladesh. “When you file a suit, you want to make sure the very object of the suit is not destroyed while the case is pending in court,” he explained. Gambia filed a case Monday at the United Nations’ highest court accusing Myanmar of genocide in its campaign against the Rohingya Muslim minority. But she has been accused of standing by while violence is committed against the Rohingya. Within a few days of the lawsuit being filed by the Gambia, a lawsuit was filed by Argentina against leaders in Myanmar, including Aung San Suu Kyi, who is the first Nobel peace laureate to face such legal charges. The priorities of the Ministry of Justice of The Gambia should be on addressing problems in the country and implementing judicial and legal reforms that are grossly needed at this point in time. The international community watched closely as legal counsel for Gambia and Myanmar argued their cases for and against the preliminary measures over three days, from December 10 to 12, 2019. Related IPS Articles And the Rohingya people’s continuing refusal to go back is only testament to the lack of security for them in Myanmar. requesting that the 400,000 India Muslims of Yakhine State be referred to as ROHINGYAS and not INDIAN MUSLIMS that they were registered under in the British Burma Census.The request was turned down. The minister who is seen by many as the man who reforms Gambia’s justice sector resigned for a job in the United Nations. The Myanmar government treats them as stateless people, denying them citizenship. “The court will be acutely aware of its responsibilities, [and] will surely wish to live up to them in ensuring the fullest possible protection of individuals and groups.”. On Nov. 11, the Gambia filed a lawsuit against Myanmar in the International Court of Justice for the southeast asian country’s atrocities against the Rohingya population. One of the key things being asked in the lawsuit is the request for provisional measures that would require the Myanmar government, on a basis of “extreme urgency”, to set a hearing date for Myanmar government to “restrain certain conduct” by Myanmar that’s enabling the genocide, Paul Reichler, head of Foley Hoag, the law firm leading the lawsuit, explained to IPS. Myanmar is to face accusations of genocide at the UN’s highest court over its treatment of Rohingya Muslims. 4. where has so many so called ROHINGYAS appeared from out of the BLUE once again a reminder to the GAMBIA and the OIC, – remember the 1971 Bangladesh War of Liberation, where 2 Muslims ( Urdu Speaking & Bengali Speaking) – one committing GENOCIDE/FRATRICIDE/RAPING on a fellow Muslim – as a consequence of which more than 500,000 Bangladeshi Muslims crossed the borders into Yakhine State and took refuge there – these Bangladeshi Refugees, their descendants/dependents today estimated at 1,200,000 have been in Yakhine Sate fro the past 46 years as unwanted guests. The Gambia has taken the legal lead in drafting the claim against Myanmar. A 46-page application has been submitted to the international court of justice by the Gambia, alleging Myanmar has carried out mass murder, rape and destruction of communities in Rakhine state. Resignation of a Minister was uncommon during the “Jammeh administration,” as some top government officials would prefer to flee out of the Country than to tender resignation. Tambadou, who also worked to bring justice for the case of the Rwandan genocide, immediately recognised a similar pattern and was moved to take action, he said during an event held during U.N. General Assembly in September. Myanmar stands accused of violating the genocide convention. In 2019, judges at the international criminal court authorised a full-scale investigation into the allegations of mass persecution and crimes against humanity. There’s no feeling that there’s safety and security to go back to Myanmar.”. raising the voices of the South and civil society on issues of development, globalisation, human rights and the environment Gambia filed a genocide lawsuit against Myanmar on behalf of the Organisation of Islamic Countries (OIC), formed with 57 countries. Credit: IPS. After years of intense persecution, the Rohingya minority population in Myanmar finally had their calls for help answered in a landmark judgment earlier this year by the International Court of Justice (ICJ), which ordered the government to take immediate measures to prevent further acts of genocide. The small west African country of the Gambia has lodged a suit at the International Court of Justice against Myanmar for committing a genocide against the Rohingya people. If the ICJ takes up the case, it will be the first time the court in The Hague has investigated genocide claims on its own without relying on the findings of other tribunals, such as the international criminal tribunal for the former Yugoslavia, which it consulted for claims against Serbia and Croatia. Your contribution will make a huge difference. There were mass killings of Rohingya men and boys, the application states. 6. The Rohingya are an ethnic and religious minority in Myanmar who have long faced discrimination and … The fact that the complainant was Gambia, mainland Africa's … (SOUNDBITE) (English) GAMBIA'S JUSTICE MINISTER, ABUBACARR TAMBADOU, SAYING: "We know too well how it feels like to be unable to tell your story to the world, to be unable to share your pain in the hope that someone out there will hear … while she aims to lead the country’s defence at the ICJ, with a hearing expected on Dec. 10. “No one has been held accountable,” Akila Radhakrishnan, President of Global Justice Center (GJC), told IPS. All rights reserved. What of the innocent civilian 45 Ghanaians shot by his country for no reason.What is the Gambian justice minister saying about it.Or is it because 45 Ghanaians were not Muslims like him or what? “The UN fact-finding mission reported that at the village of Dar Gyi Zar, soldiers captured a group of up to 200 men, women and children, and took them to a paddy field, where they were told to kneel,” it says. On 11 November 2019, The Gambia filed an application at the International Court of Justice against Myanmar, alleging violation of obligations under the Genocide Convention. Gambia is all set to take Myanmar to the International Court of Justice (ICJ) to face charges of genocide against its Rohingya minority. Myanmar argued before the ICJ that Bangladesh, not Gambia, has standing to sue under the Genocide Convention, as it is Bangladesh that is directly experiencing the effects of a vast exodus of Rohingya fleeing from Myanmar. Would you consider a $20.00 contribution today that will help to keep the IPS news wire active? Rohingya refugees at a camp in Bangladesh. Rohingya after they fled Myanmar in 2017 arrive at Shahparir Dip in Teknaf, Bangladesh. One of the key things being asked in the lawsuit is the request for provisional measures that would require the Myanmar government, on a basis of “extreme urgency”, to set a hearing date for Myanmar government to “restrain certain conduct” by Myanmar that’s enabling the genocide, Paul Reichler, head of Foley Hoag, the law firm, Within a few days of the lawsuit being filed by the Gambia, a lawsuit was filed, against leaders in Myanmar, including Aung San Suu Kyi, who is the first Nobel peace laureate to face, Suu Kyi, however, has not budged from her position. The submission records that “in the early hours of 9 October 2016, a small number of Rohingya, armed mainly with sticks, knives and a few firearms, reacting to Myanmar’s persecution of the group, attacked three border guard police posts in northern Rakhine state”. The Gambia, with the full … Myanmar stands accused of violating the genocide convention. 5. as a result and consequence of the Muslim Mujahideen Insurgncy/terrorism for the Myanmar Defence Services have been engaged against these Muslim Terrorists in protecting the Sovereignty./territorial integrity and rightfully, legally and any subsequent loss of Muslim property and life is none other than what is today referred to as COLLATERAL DAMAGE. In the application, the vice-president of the Gambia, Isatou Touray, describes her state as “a small country with a big voice on matters of human rights on the continent and beyond”. Some were tied to trees and burned alive, it is alleged. Myanmar deposited its instrument of ratification on 14 March 1956, without entering a reservation to Article IX, but making reservations to Articles VI and VIII. “I think there’s a recognition of the impossibility of the return of the Rohingya, a solution to the humanitarian crisis,” she said, adding that the lawsuit will push for the Myanmar government to take actions that focus on changing the laws and policies that enabled the genocide. The Gambia is calling for punishment for those responsible, compensation for the victims and an immediate end to attacks. it’s a crucial time for the lawsuit to be filed, advocates say. Described as the world’s most persecuted people, 1.1 million Rohingya people live in Myanmar. There’s no feeling that there’s safety and security to go back to Myanmar.”. The Gambia has filed a case at the United Nations’ top court accusing Myanmar of committing genocide against the Rohingya minority. Stringent restrictions have been placed on Rohingya people’s freedom of movement, access to medical assistance, education and other basic services. IPS is an international communication institution with a global news agency at its core, Gambia Sues Myanmar for Genocide Against Rohingya Muslims. “The Gambia will be asking the court to order Myanmar to cease all acts of genocide against the Rohingya.”. Ousman Gajigo is an economist. On 10 December 2019, the international court of justice in The Hague opened a case alleging genocide brought by the Gambia. In response, security forces supported by Buddhist militia launched a “clearance operation” that  ultimately killed at least 1,000 people and forced more than 600,000 to flee their homes. The UN’s top human rights official said the military’s response was "clearly disproportionate” to insurgent attacks and warned that Myanmar’s treatment of its Rohingya minority appears to be a "textbook example” of ethnic cleansing. An initial hearing is expected at the ICJ in December. In October 2016, Myanmar’s military began what it described as “clearance operations” against the Rohingya, according to the submission. The Rohingya are reviled by many in Myanmar as illegal immigrants and suffer from systematic discrimination. 1946/47 Mr Abdul Gaffar MP Maungdaw – submitted a letter to the then Govt. With Poor Human Rights Record, Repatriation Not Possible They live predominately in Rakhine state, where they have co-existed uneasily alongside Buddhists for decades. Shortly afterwards, Myanmar’s military forces began “clearance operations”. for the case of the Rwandan genocide, immediately recognised a similar pattern and was moved to take action, he said during an event held during U.N. General Assembly in September. It is being supported by other Muslim states. Application seeks punishment for culprits, compensation for victims and end to attacks, First published on Mon 11 Nov 2019 10.34 GMT. The Minister should come again because they are Ghanaians like me. The Gambia, a member of the Organisation of Islamic Cooperation, has taken the legal lead in drafting the claim against Myanmar. But a challenge remains here: how can Myanmar stop actions they don’t acknowledge as genocide denial? since 1946/47 probably in Rip Van Winkle Land – were they never made aware what their Muslim Brothers in Yakhine State were up to – when Myanmar was still a British Colony: Lawyers for Gambia said in a statement that the case also asks the International Court of Justice to urgently order measures “to stop Myanmar’s genocidal conduct immediately.” Gambia filed the case on […] She continues to justify the torture of Rohingyas while branding them as, In the aftermath of the lawsuit, her government has. The Malaysian Bumiputera Policy and apply it to the lack of security for them in Myanmar are said be., ” Akila Radhakrishnan, President of Global Justice Center ( GJC ), told IPS branding them,. 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