Rohingya Refugee Crisis

Anne Main Excerpts

Thursday 20th December 2018 Commons Chamber

[Mrs Anne Main (St Albans) (Con)]

It is an absolute pleasure to follow the hon. Member for Bethnal Green and Bow (Rushanara Ali) and I do not disagree with a word she said. I completely agree that it is up to us to keep this as a hot topic.

Yesterday, there was some Punch and Judy, some pantomime—call it what you like—in the House, and the coverage took up acres of press space. It is on the front page of every paper and every freesheet today, yet this hugely important debate probably will not get a column inch tomorrow. The Press Gallery is empty, and sadly this debate will not be watched by many people on telly. This is not a bit of theatre or a bit of entertainment; it is the most crucial issue affecting us as a country today. This is about our values and who we are. I say to any of the press who are listening remotely: if I do not see this covered tomorrow, be judged by your own standards when you judge us in here, because there are those of us in here who are interested in the important topics. I know there are not many people in the Chamber today, but that is not because we do not care.

In our defence, when the hon. Lady and I went to the Backbench Business Committee, it recognised how important and time-sensitive this topic is, but we were not allocated a date. We were given the possibility of a date and that date has shifted three times. However, because we feel this topic is so crucial, so important, we were prepared to take any date we could. Today is the thinnest date on the calendar for many Members because they will have made alternative arrangements. Because the date shifted all the time, it was hard for many Members to make it here today, but colleagues have told me that they feel acutely about this topic, too. Only a few Members are here, but those who are here are very knowledgeable, they care and they have a burning desire to see justice for the Rohingya.

As the hon. Lady said, an election is looming in Bangladesh—hopefully it will be a well-contested election —at the end of the month, which is why we wanted to make sure we had the debate now. The Secretary of State came to give a presentation to the all-party parliamentary groups on Burma and on the rights of the Rohingya. Whoever is in charge of Bangladesh in 2019, and we take no sides, the problem will last for a very long time and a handover is required to ensure continuity of care for those involved. If there is any change of regime, I want to be sure that the Secretary of State will be straight on the phone to keep up the pressure on the new regime to do the right thing by the Rohingya in these camps.

As the hon. Member for Bethnal Green and Bow said, most non-governmental organisations now estimate that up to 1 million Rohingya refugees are living in southern Bangladesh. Kutupalong is the largest refugee camp in the world, with a population of over 700,000. It is the same size as the city of Glasgow and 50% bigger than the city of Manchester. Other hon. Members and I saw the vast tide of suffering when we visited last September, and the crossings continue even now. The UNHCR has said that 100,000 people have crossed the border in 2018 alone.

In our debate in the House last October, it was widely accepted that ethnic cleansing was taking place. The stories coming out of the camps now point to war crimes and even genocide, which is why we felt it timely to have another debate. I challenge the House, as the hon. Lady did, to join the call for the actions of the Myanmar Government and militia to be referred to the ICC.

I wanted to intervene on the hon. Lady, but she was in full flow. The one thing I would say is that Aung San Suu Kyi has not just turned a blind eye but has actually been complicit. She has said that she does not see these things happening. She sent officials over to the camps, and they said that they did not see Rohingya but saw only Bangladeshis. As the hon. Lady said, they are not Bangladeshis; they are Rohingya.

The fact-finding mission report of 24 October 2018 said that this is an “ongoing genocide.” The word “ongoing” should fill us with horror. This is not an event that has finished, hence the need for this debate. The investigators told the UN that the atrocities continue. They are happening now, as we sit here.

In response to a letter from the all-party parliamentary group on the rights of the Rohingya, which the hon. Lady and I both signed, the Secretary of State said in early November that he had told Aung San Suu Kyi that there must be accountability. I would say that is putting it mildly. I accept that the Secretary of State is using his best endeavours, but could he pep them up somewhat next year?

The Secretary of State also said that the Government are not naive about the Burmese commission of inquiry, which he said needs to be strengthened to have credibility and to be a path to justice. Will the Minister tell us how that is going to happen? Good words butter no parsnips, particularly at Christmas. I am not sure that, without any root, we will be any the wiser. The Secretary of State said that he does not think this can be immediately dismissed and that he intends to press the Government of Myanmar to ensure that the concerns are addressed. Again, I would like the Minister to give us some information on how that will come about.

Sadly, the Secretary of State does not think we have the votes for an ICC referral at present, and he believes that a referral to the UNSC would be vetoed. I do not know at what point we will ever test that. If we can keep this situation in the media, and if we can show that the world cares, the countries that might exercise those vetoes, as the hon. Member for Ilford South (Mike Gapes) said, may feel so shamed, or so pressed by businesses, that they threaten to withdraw any supplies they give to Myanmar or think about sanctions. We might then be successful, so I hope we will try at some point.

The persecution of the Rohingya is a tragedy that should stain the consciences and plague the souls of those who might exercise that veto and, if the feeling increases in Myanmar that it can act with impunity because a referral will not happen, at what point will we call the bluff? We are on the edge of a precipice. Myanmar is certainly not stopping this. It is an ongoing genocide. The Burmese Government do not care that the world hates them, so we need to call them out and test their resolve.

I welcome the fact that the United Nations Human Rights Council mechanism has been established to collect and analyse evidence in order to bring about criminal proceedings against those who have committed international crimes. It is worth reminding the House of the definition of genocide, because I would be surprised if anyone here, or anyone who may or may not be listening, would say that this is not genocide. The mens rea is the

“intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

The actus reus, the means of bringing that about, is killing members of that group.

[Mr Dhesi]

I thank the hon. Lady for her leadership in helping to secure this debate, and I fully agree with her comments condemning genocide. Does she agree that our Government must publicly condemn the Myanmar Government for practices and policies that promote racism and segregation, and that the 1982 citizenship law must be repealed or brought into line with international standards?

[Mrs Main]

I am not sure how that law could be repealed, although I completely agree, and the fact that those people do not exist in law means that they will never have legal protection. I join the hon. Gentleman’s call for our Government to do more. I am aware that these things are difficult and that the soft voice of diplomacy must be exercised, but sometimes there needs to be an end.

As I was saying, I do not think anyone can dispute that this is genocide. Perhaps it is just me and I do not understand the legal terms of this, but the actus reus includes killing members of the group, causing serious bodily or mental harm to members of the group, deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part, and imposing measures that are intended to prevent births within the group. All those things are happening, but who is being held accountable? I say again: let us try to bring that charge of genocide; let us shame the world and those people who would exercise their veto. Oxfam has said that it agrees with the findings in the UN fact-finding mission’s report. There are no independent and impartial courts in Burma, and with the military treated as above the law, the international community should step in to ensure justice and accountability for the systematic rape, torture and murder of Rohingya refugees.

These are the worst crimes. The 1998 Rome statute of the International Criminal Court defines crimes against humanity, when committed as part of a widespread or systematic attack against any civilian populations, as any of the following acts: murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment, torture, grave forms of sexual violence, persecution, enforced disappearance of persons, and the crime of apartheid—all things that the hon. Member for Bethnal Green and Bow referred to today. She has seen them happening, I have seen them happening, Members across the House have seen them happening—there is no dispute. These are crimes against humanity. This is a genocide. Today on this, the quietest day of the year, although we are not standing up and saying “this House commands whoever is in charge to try to make a charge of genocide” I would love there to be a vote. But we are not voting and there are not enough of us here to do that anyway. But I think the sentiment of the House says exactly that.

The Rohingya are crossing because they are being driven out and fear for their lives. They are crossing while being shot in the back and legs to drive them faster in their flight. They are crossing because they are being persecuted, denied citizenship and, as the hon. Member for Slough (Mr Dhesi) pointed out, they have no recognition in law. They are being denied land and livelihood. They are crossing dangerous borders strewn with landmines to escape from burnt homes, abductions, brutal beatings, mutilation, murder and rape. They are crossing because they are fearful of being obliterated, erased because of who they are and what they believe. Because they are Muslims and they are Rohingya they have no safe place in Myanmar, and it is no surprise that none of them wants to go back.

A year on there has been a terrible harvest in the camps as a result of those atrocities. That harvest is babies, born as a result of rape and violence. It has been estimated—I was talking to the new high commissioner in this country—that an average of 60 babies a day are being born in those camps. Most reports acknowledge that we do not know how many babies have been born as a result of rape, due to secrecy and the desire to hide what people see as the shameful stigma of violation. When we visited the camp, it was estimated that up to 50% of all women there were pregnant, although most reports acknowledge that it is nearly impossible to know how many thousands of pregnant women there are. Aid workers have been searching the camps for young pregnant Rohingya girls, some barely in their teens.

Reports say that only one in five births in the camps are delivered in health centres. That is not because there are no health centres, difficult though such facilities are to access; there is regular reporting of hidden births and self-conducted abortions. Those who have visited the camps have seen the ankle-deep mud and the conditions, and young girls who have been brutalised and raped are experiencing self-induced abortions, because of the shame of carrying a child that will be forever a burden on their family. For those who have not gone down that route, pregnancies due to rape have also led to reports of baby abandonment.

Aid agencies are working to provide care and support for young pregnant women and abandoned newborn babies. As I said to the high commissioner, I want to know what is happening to those children who are born in the no-man’s land of being stateless. They are born vulnerable to exploitation, being sent into prostitution and sexual exploitation, they are disappearing and even being sent to a dreadful death in those camps as a result of people not knowing they exist. We need to push for the crimes against those babies, and their mothers, to be punished, and that is why we must make a stand on the world stage. The mothers and those babies are victims. Some 55% of Rohingya refugees are children, and 160,000 people in the camps are four years old or younger. Many families told us that they had lost key male relatives to murder and enforced disappearances after the militia swooped on homes and carted the men and boys away.

As the hon. Lady said, Bangladesh has been commended by many NGOs for its generosity to the Rohingya, and praised by groups for its constructive engagement with Myanmar. However, Myanmar has yet to deliver safe, voluntary and dignified conditions. It has not guaranteed citizenship rights for those who return, and the Rohingya are rightly fearful of return. Indeed, some have returned—some are boomerang Rohingya, if that is the right way of putting it. They have gone back, trusted in warm words, only to find the same thing happening again. No trust is left at all.

UNHCR and the United Nations Development Programme are yet to be granted full access to Rakhine state to see the conditions, and people cannot and must not go back to conditions that in effect will be an isolated internment camp. That is not sanctuary; that is imprisonment. However, the international community does not always step up. The UN joint response plan for the Rohingya is still seriously underfunded—at present, it is 70% funded, and about $250 million short of what is needed. The USA has contributed 40% of the fund, which is $277 million. As the hon. Lady said, this country has sent a generous contribution of $84 million, but the European Commission has provided only 7% of the fund at $49 million. The European Union should examine its conscience and provide a fair share of funding to help to shoulder the enormous burden that is afflicting Bangladesh.

We cannot just sit by and allow this issue to be shuffled off into two column inches tomorrow. The House will speak today. It may not have as loud a voice as it did yesterday, but its intent is far stronger and its commitment to justice will not go away. If next year we are here again, we should hold our heads in shame and silence for all those who will have died in the time that it has taken us to make our minds up and to act.

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[Imran Hussain]

I thank the Minister, but he still has the opportunity to make a statement in the new year, because this is an ongoing genocide and ethnic cleansing. I hope he will make such a statement, and at a time when more Members are present and can take part in this important debate. I was actually, however, referring to the last year, but I will come on to that shortly.

This is an extremely important debate, as I have said, but sadly the issue of the persecution of the Rohingya is not a new one; it has taken place for hundreds of years in that region, with violence flaring up on countless occasions. However, this persecution reached new heights last August, with some of the most brutal violence ever seen.

I want to reflect for a few moments on that violence, because the pictures and reports of violence against the Rohingya do not do justice to what they faced; they do not even begin to properly depict the horrors that innocent, men, women and children were subjected to. They faced murder, and their friends and relatives cut down by gunfire, knives, machetes and whatever else soldiers and thugs could lay their hands on. They faced pillage, their homes ransacked, their belongings plundered, and valuables seized. And they faced rape: women and girls—daughters, sisters, and wives—tied to trees and subjected to the most brutal treatment as relatives were forced to watch. Once they had finished inflicting their carnage, the soldiers moved on. Without remorse or reconsideration, they headed to the next village, but not before burning down the one they had just devastated. Homes that had stood for years, built by hand by those who lived in them, were reduced to nothing more than ash. These fires became the face of the violence carried out against the Rohingya, the pictures adorning the pages of the media as journalists were allowed no closer —Burma blocked off to them by a hostile Government fearful of outside independent reporting.

[Mrs Main]

The hon. Gentleman is painting a very graphic picture of what went on. Does he share my concern that we need to have all this documented as this has gone on over a long period and by the time justice is served—hopefully it will be—names and incidents might be forgotten, and documentation might not be available? It is hugely important that what the hon. Gentleman is describing is recorded so we can bring those responsible to account at some point.

[Imran Hussain]

The hon. Lady makes an important point. The UN Human Rights Council has taken many first-hand testimonies, but that is just a starting point. Perhaps a Committee of this House—perhaps the International Development Committee or some other appropriate Committee—might choose to take that up; the Chair of the International Development Committee is in the Chamber listening.

This violence was shocking, but it was not as shocking as the response from this Government and the international community. The UK Government and Governments across the world turned a blind eye as the Rohingya screamed, as people pleaded and protested, and as we in this House repeatedly begged for action to be taken. But we did nothing: the UK stood silent, and by doing nothing—by refusing to condemn them—we emboldened the Burmese military. We allowed them to act and we allowed them to carry on and to conduct, in the words of the UN High Commissioner for Human Rights, a

“textbook example of ethnic cleansing.”

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[Jim Shannon (Strangford) (DUP)]

It is a pleasure to contribute to this debate, and I thank the hon. Members for Bethnal Green and Bow (Rushanara Ali) and for St Albans (Mrs Main) for setting the scene so well. I also declare an interest. As chair of the all-party group on international freedom of religion or belief, it is an issue I am very interested in. Every time there has been a debate on the Rohingya, I have probably been there. I commend the hon. Ladies for their leadership in this area and the Backbench Business Committee for making this debate possible today. I am very aware of this issue. I have spoken about it numerous times. I would love to say that I will not have to speak about it again, but, as everyone has said today, we probably will. We will probably be having this same debate this time next year. It would be great if things had improved by then. We wish and pray for that.

The reason for this debate is very clear. The humanitarian crisis has been described by the UN High Commissioner for Human Rights as

“a textbook example of ethnic cleansing”,

the UN Secretary-General has described the situation as “catastrophic”, and various NGOs continue to warn that the recent escalation of violence by Burma’s security forces against the predominantly Muslim Rohingya population constitutes crimes against humanity—those last words are all important. The UN special rapporteur for human rights in Burma has said that the situation has the “hallmarks” of genocide, while the independent international fact-finding mission established by the UN Human Rights Council claims to have documented evidence of genocide.

It has been over a year since these atrocities were perpetrated, and the international community has taken woefully—I say that respectfully—insufficient action either to bring them to an end or to bring the perpetrators to justice. The independent international fact-finding mission has called for a case to be brought to the International Criminal Court on charges of genocide and crimes against humanity. All these things irk us. Right hon. and hon. Members have referred to much depravity and violence and brutal killing. It is very hard to sit through these things and not be moved.

As we work to secure the referral of a case to the International Criminal Court on charges of genocide and crimes against humanity, as recommended by the UN independent fact-finding mission, I believe we should seek a UN Security Council resolution imposing a global arms embargo on the Burmese army, with targeted sanctions against Senior General Min Aung Hlaing. May I ask the Minister—we are very fortunate to have a Minister of such standing, whose responses show such an understanding of this issue—to indicate what our Government, my and his Government, have done on this?

A briefing I have received from the Burma Campaign UK states very clearly:

“Time is running out to address one of the most critical issues for addressing the root causes of the crisis, the denial of citizenship. Aung San Suu Kyi still refuses to accept Rohingya belong in Burma and should have citizenship. With elections due in Burma in 2020, there is now only a window of 12 months where it may be possible to repeat or replace the Citizenship Law. At the present time, Aung San Suu Kyi has the Parliamentary majority and political authority to push through a change. This may not be the case after the 2020 election. The British government and others must prioritise this issue, pressuring Aung San Suu Kyi to change the Citizenship Law in 2019.”

Hon. Members have all asked for it and I am asking for it, so I ask my Minister—our Minister—what has been done to ensure that that happens? We are ever mindful, as the Burma Campaign UK says, and I agree, that we have a “window of 12 months”, which is a very short time. While it is right and proper that we give the Brexit issue full attention, and it is consuming all our lives at the moment, we cannot and must not forget what we owe to the world out there, and especially to those countries with which we have had colonial connections in the past.

I was shocked to learn back in October that the number of Rohingya refugees has reached nearly 1 million, with the young girls in Bangladesh refugee camps sold into forced labour accounting for the largest group of trafficking victims. All these things are horrible to listen to. It is even more horrible to know that, despite the efforts of many, they continue. OM—Operation Mobilisation—reports that women and girls are lured into forced labour, and they account for two thirds of those receiving the agency’s support in Cox’s Bazar, while another 10% were victims of sexual exploitation. They have run from sexual exploitation, and they find themselves back in it. There must be something seriously wrong when that is happening. Men and boys are not exempt, accounting for about a third of refugees forced into labour.

There must be more support on the ground, and it is clear that we must call on the Burmese Government to allow unhindered access to the country for international humanitarian aid agencies, human rights monitors, the media, UN representatives of the fact-finding mission and the UN special rapporteur for human rights in Burma. Everyone has a role to play. This will, I sincerely hope, curtail the actions of those who believe that there is no law and no accountability for breaking any human rights violations.

A short time ago, I met Christian Solidarity Worldwide’s delegation from northern Burma, which gave us some horrific statistics about what is taking place. While it is completely understandable and right that the world has focused on the plight of the Rohingya, I want very gently to mention others. In no way should we detract from their plight, but the situation in northern Burma affecting the predominantly Christian Kachin, as well as the Buddhist Shan and Ta’ang and others, has deteriorated dramatically.

It would seem that, having achieved their objectives in Rakhine state, the Burmese army has moved on to perpetrate similar atrocities in northern Burma, while the world was still focused on Rakhine. The Burmese army, and all the officers that have been commanding it, need to be held accountable. If there is a war crimes tribunal, I can tell you, I will be the first in the queue to give them a good going over. What has taken place is absolutely despicable, and it really grieves me greatly.

In a statement on 23 April, the Kachin community warned of an escalation in Burmese army military offensives against the country’s ethnic groups. It stated that

“the Burma military is escalating attacks against ethnic groups in the country, including in Rakhine State, Kachin State, Shan State and most recently breaking the ceasefire in Karen State.”

It continued:

“There is no shortage of evidence of violations of international law committed by the Burma military.”

That has been outlined by other Members today.

[Mrs Main]

Does the hon. Gentleman agree that because nothing has really happened as a result of the atrocities against the Rohingya, the Burmese army is emboldened to do this? It would actually help support other religious communities in the country if they could see that these actions against the Rohingya were stamped on. The Burmese army is doing it because it knows it can, and the public quite welcome it.

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[Helen Goodman (Bishop Auckland) (Lab)]

I congratulate my hon. Friend the Member for Bethnal Green and Bow (Rushanara Ali) and the Backbench Business Committee on securing this important debate. At the beginning of her speech, my hon. Friend drew our attention to the motion before the House, and I am going to begin in the same way:

“this House is deeply concerned by the ongoing humanitarian crisis…agrees with the findings of the UN fact-finding mission that genocide and war crimes have been carried out…calls on the Government to pursue an ICC referral…and further calls on the Government to put pressure on the United Nations.”

The fact of the matter is that we are not going to divide the House this afternoon. This is a substantive motion. It means that the Government, having accepted it, must carry through in full with action.

My hon. Friend made an excellent speech, in which she pointed out that the UN fact-finding mission has found that genocide and war crimes have been committed. I thank her for her work in not only securing the debate but visiting the refugees, preparing so thoroughly and putting pressure on the Myanmar Government. As she said, half the refugees are children, so the horror and catastrophe of this situation cannot be exaggerated. She said, as other Members have, that she was disappointed in the Government’s response. Later in my speech, I will suggest some ways in which we could toughen up the UK’s position.

It is now 16 months since three quarters of a million Rohingya people began to cross the border into Bangladesh. In the camps, there is plainly terrible suffering and squalid conditions—many Members have testified to that —but, of course, the situation from which they were escaping and the horror of the sexual violence were even worse.

All Members have rightly acknowledged the great generosity of the Bangladeshi Government. I also want to thank the voluntary sector for not only its support in briefing us for the debate but the work it is doing day in, day out, including Save the Children, Burma Campaign UK, the International Rescue Committee, Human Rights Watch and the UNHRC.

I was somewhat alarmed when I discovered that the Myanmar and Bangladeshi Governments had reached a new agreement on repatriation and registered all the refugees in the camps, which is the necessary base for repatriation. The main question is: are the conditions right for a safe, voluntary and dignified return? This House is sending a message to both those Governments that the answer is an emphatic no; those conditions are not yet present.

[Mrs Main]

The hon. Lady is referring to the memorandum of understanding signed between the two countries. It is worth putting on record that there was no voice for the Rohingya in the dialogue on the memorandum of understanding. They were being talked about, done to and organised around, but they did not have a voice at that negotiating table.

[Helen Goodman]

I am grateful for the hon. Lady’s intervention and she is absolutely right. She made a powerful speech. Through their work and actions, she and the hon. Member for Sutton and Cheam (Paul Scully) have demonstrated that there is a consensus across the House on this matter, to which we want Ministers to listen and pay attention. She asked, what would be different in December 2019 and why should we wait for the independent commission of inquiry, because this is surely a recipe for delay and the loss of evidence.

My hon. Friend the Member for Liverpool, West Derby (Stephen Twigg), who chairs the International Development Committee, made an excellent speech in which he emphasised the problems with repatriation and the conditions in the camps. He stressed the importance of enabling people in the camps to work and secure an education. He pointed out that this problem will not be solved quickly, and we need to borrow from best practice in other countries in order that these people do not become a lost generation.

The hon. Member for Sutton and Cheam, who is the Select Committee’s rapporteur, gave us the benefit of his deep and long-standing understanding and emphasised that the Rohingya themselves must have more control in this situation. My hon. Friend the Member for Bradford East (Imran Hussain) demonstrated that the gender-based violence is not the result of an army out of control but is being used as a systematic weapon of war. He expressed his frustration with the position that the British Government have taken. He talked, in particular, about children born in the camps. There is a question for the Minister flowing from his remarks: what is the legal status of these children? It would be very helpful if we could have a clear legal view from the Foreign Office on their legal status, because we are clearly talking about thousands of young children. My hon. Friend also pointed out that relying on the internal state to provide security for the Rohingya people is completely inadequate.

My hon. Friend the Member for West Ham (Lyn Brown) talked about the catastrophe suffered by two people, in particular. As so often, the horror is easier to understand when one hears about individuals than when one hears about thousands of people. She also pointed to the propaganda war that has been run over a long period. Will the Minister consider what the legal responsibilities are of the social media companies? What, precisely, are the responsibilities that we should be attributing to Facebook—and, incidentally, has it given any money from its huge profits to address this vast humanitarian crisis?

My hon. Friend the Member for Tooting (Dr Allin-Khan) spoke about the atrocities that have occurred. Her testimony was so powerful that I really feel that I do not want even to begin to comment on it. She ended by saying that we need to move from platitudes to promises, and I completely agree.

My hon. Friend the Member for Bedford (Mohammad Yasin) pointed to the most recent evidence that has come out of the country. All hon. Members have said that the treatment of the Rohingya is obviously the most horrific act of the Myanmar Government, but a number of things are going on in the country that show that it is not open or properly democratic. The Government made a strategic error when they jailed two Reuters journalists, because now Reuters is using satellite photography that shows that villages are being bulldozed and new people are being put into them. That reinforces the case that hon. Members are making that, when the Myanmar Government say that people should go back into Rakhine state, they mean that they are just going to be put into camps—enclosed, not given freedom of movement. That, in itself, is a completely unacceptable and unsafe situation. They are continuing to oppress the Rohingya people and they are suppressing open reporting.

The hon. Member for Strangford (Jim Shannon), who chairs the all-party parliamentary group on international freedom of religion or belief, made a heartfelt call for improvements across the board in Myanmar. I agree with him about what is happening to the Chin people. I was extremely alarmed—again, I would like some answers from the Minister on this—when I heard on the World Service that the UNHCR was proposing to send back people from that ethnic minority who are currently refugees in Malaysia, India, Thailand and Nepal. So I wrote to the UNHCR to ask it about this. I wrote for two reasons, partly out of concern for that group of people and partly because it sets a terrible precedent for the Rohingya minority. I had a letter back from the UNHCR at the end of November, and it said that the reasons giving rise to a fear of persecution under the 1951 convention have very significantly diminished. I will share the letter with the Minister afterwards, but I would like to know whether that is also the Foreign Office’s assessment. I do not think it is the assessment of hon. Members, not least because we have seen the Rohingya people continuing to cross the border throughout the year.

The big question, of course, is, what should be done? What should we do now? The Government are telling us that they think we should allow the Burmese Government to carry on with the process they call a commission of inquiry. The UK Government want to press them to ensure that the process is transparent, independent and considers international evidence. Everything we know about the Myanmar Government suggests that we cannot have confidence in an internal inquiry. Myanmar is not a country with a robust criminal justice system, and there is a big risk in behaving as if it is such a country. The risk is that people escape, that evidence is lost, that nothing ever happens and that people are not brought to justice.

Her Majesty’s Opposition believe it is now time to have a UN Security Council resolution referring the Myanmar military to the ICC. When the Minister wrote to me about that a few days ago, he said that we would lose and that it would not advance the cause of accountability should the UNSC try and fail to refer Burma to the ICC. I do not think for a single moment that that is an easy judgment to make, and nor do I think any Member would think that, but we need to look at where we think the opposition to such a resolution would come from.

First, of course, there is the risk of a Chinese veto. As part of its belt and road initiative, China is currently trying to build a port in Rakhine state. China is continually arguing that the Rohingya are an internal issue. That is clearly because China wants to have a good relationship with the Myanmar Government so it is able to continue with its belt and road initiative, and in my opinion it is also because China does not want people looking too closely at how it is treating the Muslim Uighur minority in the west of China.

We are also beginning to see an undermining of the ICC by the Trump Administration. John Bolton, the US national security adviser, recently said that the ICC is “dead to us”. He does not want the ICC to prosecute US army officials for alleged abuses in Afghanistan.

The question is really whether the British Government wish to hand over their moral conscience to the Chinese and the Trump Administration. Would it not be better to be open and straightforward by standing up for what we believe and letting them be tried in the court of public opinion?

Other hon. Members have talked about sanctions, and we now have individual sanctions against some members of the Myanmar military. However, two further strengthenings would send helpful and powerful signals. Unless we put more pressure on the Myanmar Government, they will feel that they have some impunity. The first point is to have a UN-mandated global arms embargo, and I would be interested to hear what the Minister thinks about the scope for that. The second point is to extend European sanctions, which at the moment are on individuals, to that part of the economy controlled by the military. We know there are travel restrictions on some of the Myanmar military, but we do not know—again, this is a specific question for the Government—what assets have been frozen so far.

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[Mrs Main]

Just before the Minister moves on from his point about Bhasan Char island, I met the new Bangladesh high commissioner to the UK this week. This is a narrative I have heard before. They do not regard Bhasan Char island as a bad place to go. Indeed, they say that they are encouraging their own people—Bangladeshis—to apply to Bhasan Char island and that it will not just be an outpost for Rohingya. My concern, however, particularly with the monsoon and so on, is that it is a very secretive environment, so we need to stress that we do not consider Bhasan Char island in that way. I know that this is a point of dispute. I would like to put it on record that the Bangladesh Government do not see Bhasan Char island as a bad place to be.

[Mark Field]

We have made it clear that we do not feel it is an appropriate place, for the reasons my hon. Friend rightly sets out. Out of sight is out of mind. There is a sense of it being almost like an Alcatraz or near enough some sort of holding pen, rather than a viable place for the longer term.

On my hon. Friend’s previous point about the joint response plan, which goes to the issue of the overall humanitarian response, I am afraid to say that at the moment, as the hon. Member for Liverpool, West Derby will know, it is only partially funded. The current figure is 68.9%, which is $654 million out of a $950 million expectation. The UK is, mainly through the international community in Geneva rather than New York, actively encouraging others to step up to do their share in fully funding the plan, including through DFID’s relationships with other donors and donor agencies.

Ultimately, we all know that the solution to the Rohingya crisis lies in Rakhine and in Burma more widely. The UN fact-finding mission—we are supportive of it and its evidence—uncovered evidence of a series of horrendous crimes. Its report makes for chilling reading. However, as I have said previously in this House, the Government believe that any judgment on whether genocide has occurred is not a political judgment but a matter for judicial decision. It is therefore critical that we work to ensure that a credible judicial process is put in place. The Burmese authorities want to demonstrate that there is no need for an international justice mechanism. They must show that their commission of inquiry will lead to an effective judicial process. I share many of the concerns expressed on the Opposition Benches about that process. What I would say is that the commission of inquiry does have high-ranking international observers. We therefore continue to maintain some hope, but it can work only if it properly holds to account those responsible for crimes, whether they are civilian or in the military.