Myanmar’s atrocities against Rohingya Muslims is genocide, concludes US

News Network
March 21, 2022

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The administration of US President Joe Biden will formally declare that the Myanmar military's atrocities against the Rohingya Muslim minority constituted genocide and crimes against humanity, according to a report.

American officials told the Reuters news agency that the decision will be announced by US Secretary of State Antony Blinken on Monday at the US Holocaust Memorial Museum in Washington, DC, which currently features an exhibit on the plight of the Rohingya.

"It's going to make it harder for them to commit further abuses," a senior State Department official told the news agency.

Blinken ordered his own "legal and factual analysis," according to US officials who spoke on condition of anonymity. The analysis concluded the Myanmar army is committing genocide.

Blinken will also announce $1 million in funding for the Independent Investigative Mechanism for Myanmar (IIMM), a UN body gathering evidence for possible prosecutions, Reuters reported.

A United Nations fact-finding mission concluded in 2018 that the Myanmar military's offensive included "genocidal acts," but the US referred at the time to the crimes as "ethnic cleansing," a term that has no legal definition under international criminal law.

"It's really signaling to the world and especially to victims and survivors within the Rohingya community and more broadly than the United States recognizes the gravity of what's happening," a second senior State Department official said of Blinken's announcement on Monday.

The Rohingya Muslims based in Myanmar’s Rakhine State have been subjected to a campaign of killings, rape, and arson attacks by the military-backed by the country’s majority Buddhist extremists in what the UN has described as “a textbook example of ethnic cleansing.”

The brutal campaign has forced more than 730,000 Rohingya Muslims to flee their homeland since August 2017 and seek refuge in Bangladesh.

The 2017 clampdown is the subject of a genocide investigation by the International Criminal Court (ICC).

The Rohingya, who have lived in Myanmar for generations, are denied citizenship and are branded illegal immigrants from Bangladesh, which likewise denies them citizenship.

On the fourth anniversary of the crackdown, several groups in Myanmar last year issued statements calling for accelerated efforts to prosecute those responsible for the 2017 military action.

"Four years on justice for the Rohingya remains shamefully elusive. Not a single individual who committed the heinous crimes against the Rohingya has been held to account," said Progressive Voice, an advocacy group.

Facebook has come under fire in Myanmar for over a decade for the volume of hate speech directed against the Rohingya Muslims who have been subjected to waves of brutal violence during this time.

United Nations investigators say Facebook played a key role in spreading hate speech that fueled the violence against the community in 2017.

The UN Human Rights Council in July last year adopted a resolution denouncing violations by Myanmar’s military against the Rohingya Muslims and other ethnic minorities. 

The resolution, brought forward by Pakistan on behalf of the Organization of Islamic Cooperation (OIC), was approved at the Geneva-based 47-member council in July last year.

Khalil Hashmi, Pakistan's ambassador to the UN in Geneva, voiced concern over the rights violations against the Rohingya in Rakhine state.

"Unfortunately, the humanitarian and human rights situation of Rohingya Muslims remains dire, and therefore requires a collective call by the council asking Myanmar to immediately halt human rights violations, and to uphold their fundamental rights," he said.

The text of the resolution expresses "grave concern" at reports of serious abuses, including arbitrary arrests, deaths in detention, torture, forced labor and "the deliberate killing and maiming of children."

The resolution also demands an immediate cessation of fighting and hostilities, of the targeting of civilians, and supports "the people of Myanmar and their democratic aspirations" and "the democratic transition in Myanmar." 

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News Network
September 12,2024

New Delhi, Sep 12: Madrasas are "unsuitable" places for children to receive "proper education" and the education imparted there is "not comprehensive" and is against the provisions of the Right to Education Act, the National Commission for Protection of Child Rights (NCPCR) has told the Supreme Court.

The child rights body told the top court that children, who are not in formal schooling system, are deprived of their fundamental right to elementary education, including entitlements such as midday meal, uniform etc.

The NCPCR said madrassas merely teaching from a few NCERT books in the curriculum is a "mere guise" in the name of imparting education and does not ensure that the children are receiving formal and quality education.

"A madrassa is not only a unsuitable/unfit place to receive 'proper' education but also in absence of entitlements as provided under Sections 19, 21,22, 23, 24, 25, and 29 of the RTE Act," it said.

"Further, madrasas do not only render an unsatisfactory and insufficient model for education but also have an arbitrary mode of working which is wholly in absence of a standardised curriculum and functioning," the NCPCR said in its written submissions filed before the top court.

The child rights body stated that due to the absence of provisions of the RTE Act, 2009, the madrassas are also deprived of entitlement as in Section 21 of the Act of 2009.

"A madrassa works in an arbitrary manner and runs in an overall violation of the Constitutional mandate, RTE Act and the Juvenile Justice Act, 2015. It cannot be overlooked that a child getting education in such an Institution will be devoid of basic knowledge of school curriculum which is provided in a school.

"A school is defined under Section 2(n) of the RTE Act, 2009, which means any recognised school imparting elementary education. A madrassa being out of this definition has no right to compel children or their families to receive madrassa education," the NCPCR said.

It said most of the madrassas fail to provide a holistic environment to students, including planning social events, or extracurricular activities for 'experiential learning.

In a breather to about 17 lakh madrassa students, the apex court on April 5 had stayed an order of the Allahabad High Court that scrapped the Uttar Pradesh Board of Madarsa Education Act, 2004 calling it "unconstitutional" and violative of the principle of secularism.

Observing that the issues raised in the petitions merit closer reflection, a three-judge bench headed by Chief Justice D Y Chandrachud had issued notices to the Centre, the Uttar Pradesh government and others on the pleas against the high court order.

The top court said had the high court "prima facie" misconstrued the provisions of the Act, which does not provide for any religious instruction.

The high court had on March 22 declared the Uttar Pradesh Board of Madarsa Education Act, 2004, "unconstitutional" and violative of the principle of secularism, and asked the state government to accommodate students in the formal schooling system.

The high court had declared the law ultra vires on a writ petition filed by advocate Anshuman Singh Rathore.

It had said the state has "no power to create a board for religious education or to establish a board for school education only for a particular religion and philosophy associated with it."

"We hold that the Madarsa Act, 2004, is violative of the principle of secularism, which is a part of the basic structure of the Constitution," the high court had said.

The petitioner had challenged the constitutionality of the UP Madarsa Board as well as objected to the management of madrassas by the Minority Welfare Department instead of the education department.

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News Network
September 13,2024

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In a huge relief for Delhi Chief Minister Arvind Kejriwal ahead of the Haryana elections, the Supreme Court has granted him bail in the Delhi excise policy case. The AAP chief will now be released from jail, six months after his arrest by the Enforcement Directorate on March 21. He was subsequently arrested by the CBI in June.

Here are some of the Supreme Court's key quotes:

•    Perception also matters and CBI must dispel the notion of being a caged parrot and must show it is an uncaged parrot. CBI should be like Caesar's wife, above suspicion. 

•    "No impediment in arresting person already in custody. We have noted that CBI in their application recorded reasons as to why they deemed necessary. There is no violation of Section 41A (3) of Code of Criminal Procedure," said Justice Surya Kant.

•    Justice Ujjal Bhuyan, however, noted, "CBI did not feel the need to arrest him (Mr Kejriwal) even though he was interrogated in March 2023 and it was only after his ED arrest was stayed that CBI became active and sought custody of Mr Kejriwal, and thus felt no need of arrest for over 22 months. Such action by the CBI raises serious question on the timing of the arrest and such an arrest by CBI was only to frustrate the bail granted in ED case."

•    Submission of additional solicitor general cannot be accepted that appellant has to first approach trial court for grant of bail. Process of trial should not end up becoming a punishment. Belated arrest by CBI is not justified.

•    Regarding building a public narrative of a case... Arvind Kejriwal shall not make any public comments about this case and be present for all hearings before trial court unless exempted.

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News Network
September 9,2024

Mangaluru, Sept 9: An action committee has voiced concerns about the construction of a new toll plaza near Sooralpady Masjid on the Mangaluru-Moodbidri-Karkala National Highway 169, 17 km from Nanthoor. Amidst ongoing construction, the Action Committee Against Surathkal Toll Gate claims irregularities and poor site selection.

Committee convener Muneer Katipalla noted that only 50% of the Nanthoor-Moodbidri-Karkala highway upgrade is complete after seven to eight years. The Nanthoor-Vamanjoor stretch remains unfinished, causing traffic issues, while dangerous hillside cutting near Kettikal has forced residents to relocate. Additionally, a flyover near Kaikamba threatens a local market.

Katipalla also criticized the construction of a bypass road, alleging it benefits real estate investors and inflates the project cost, which could increase toll fees. The proposed toll plaza, situated 36 km from Talapady toll gate and 35 km from Brahmarakotlu toll gate, violates distance regulations and is too close to local amenities, raising public objections.

There is growing concern that toll collection might begin before the project's completion, with locals frustrated by unaddressed grievances. Social activist Bava Padarangi, DYFI leader Srinath Kulal, and other community leaders attended the site visit.

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