Day: July 22, 2022

The International Court of Justice (ICJ) rejected on Friday all of Myanmar’s objections to a case brought against it by Gambia that accuses the Southeast Asian country of genocide against the mainly Muslim Rohingya minority.

Myanmar’s military regime had lodged four preliminary objections claiming the Hague-based court does not have jurisdiction and that the West African country of Gambia did not have the standing to bring the case over mass killing and forced expulsions of Rohingya in 2016 and 2017.

The ruling delivered at the Peace Palace in the Dutch city of The Hague by ICJ President, Judge Joan E. Donoghue, clears the way for the court to move on to the merits phase of the process and consider the factual evidence against Myanmar, a process that could take years.

Donoghue said the court found that all members of the 1948 Genocide Convention can and are obliged act to prevent genocide, and that through its statements before the U.N. General Assembly in 2018 and 2019, Gambia had made clear to Myanmar its intention to bring a case to the ICJ based on the conclusion of a UN fact-finding mission into the allegations of genocide.

“Myanmar could not have been unaware of the fact that The Gambia had expressed the view that it would champion an accountability mechanism for the alleged crimes against the Rohingya,” the judge said.

The military junta that overthrew Myanmar’s elected government in February 2021 is now embroiled in fighting with prodemocracy paramilitaries across wide swathes of the country, and multiple reports have emerged of troops torturing, raping and killing civilians.

In the initial hearing of the case in 2019, Gambia said that “from around October 2016 the Myanmar military and other Myanmar security forces began widespread and systematic ‘clearance operations’ … against the Rohingya group.”

“The genocidal acts committed during these operations were intended to destroy the Rohingya as a group, in whole or in part, 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. From August 2017 onwards, such genocidal acts continued with Myanmar’s resumption of ‘clearance operations’ on a more massive and wider geographical scale.”

Thousands died in the raids in August 2017, when the military cleared and burned Rohingya communities in western Myanmar, killing, torturing and raping locals. The violent campaign forced more than 740,000 people to flee to squalid refugee camps in neighboring Bangladesh. That exodus followed a 2016 crackdown that drove out more than 90,000 Rohingya from Rakhine.

Gambia has called on Myanmar to stop persecuting the Rohingya, punish those responsible for the genocide, offer reparations to the victims and provide guarantees that there would be no repeat of the crimes against the Rohingya.

The Myanmar junta’s delegation protested at a hearing on Feb. 25 this year, saying the ICJ has no right to hear the case. It lodged four objections, all of which were rejected by the ICJ on Friday.

Reactions to ruling

Tun Khin, president of the U.K.-based Burma Rohingya Organization, who attended Friday’s court proceeding, called the ICJ ruling “good news for all citizens of Myanmar.”

“The ICJ court proceeding will continue and justice will be served for all Rohingya, who have been victims of a genocide,” he said.

“I believe the forthcoming court hearings will verify that the military has intentionally committed crimes against the Rohingya population, with genocidal intent.”

In a post on Twitter, Gambia’s Ministry of Justice welcomed the ruling, calling it “a major win for The Gambia in its fight for Justice for the Rohyinga.”

In Bangladesh, the decision was greeted with joy by the displaced Rohingya community.

Khin Mong, founder of the Rohingya Youth Association and a resident of the Unchiprang refugee camp in Cox’s Bazar, told the RFA-affiliated BenarNews that the ICJ’s ruling would benefit “all oppressed ethnic groups in Myanmar, not just the Rohingya.”

“Insha’Allah, the Rohingyas will one day receive justice. I believe the international court’s final decision will also be in our favor,” he said.

BenarNews also spoke to Abul Kalam, a Rohinyga refugee living at Camp Majhi in Jadimura, Teknaf.

“Until death, every Rohingya will seek justice for this genocide,” he said. “The Gambia has prepared the path for a fair trial for us. We are now more optimistic about it.”

Attempts by RFA Burmese to reach junta Deputy Minister of Information Maj. Gen. Zaw Min Tun for comment on the ruling went unanswered Friday.

When asked earlier this month about the case, he told RFA that he hoped the ICJ would make a fair decision in its ruling.

“Myanmar will maintain its legal stance,” he said at the time. “As the ICJ is an organization that mainly deals with international law and legal procedures, Myanmar hopes that justice will be done in accordance with international laws.”

Friday’s ruling was also welcomed by the international human rights community.

“The ICJ decision opens the door toward an overdue reckoning with the Myanmar military’s murderous campaign against the Rohingya population,” said Elaine Pearson, acting Asia director at Human Rights Watch.

“By holding the military to account for its atrocities against the Rohingya, the World Court could provide the impetus for greater international action toward justice for all victims of the Myanmar security forces’ crimes.”

Matthew Smith, chief executive officer at Fortify Rights, called the ruling “momentous.”

“Jurisdiction in this case is settled,” he said. “The international community should immediately get behind The Gambia in this case and support other efforts across mechanisms to hold the Myanmar military to account for its horrific crimes against the people of Myanmar.”

Ongoing oppression

The ICJ is the principal judicial organ of the United Nations and was established in 1945 to settle disputes in accordance with international law through binding judgments with no right of appeal.

The U.S. has also accused Myanmar of genocide against the Rohingya. Secretary of State Antony Blinken ruled in March this year that “Burma’s military committed genocide and crimes against humanity with the intent to destroy predominantly Muslim Rohingya in 2017.”

The State Department said the military junta continues to oppress the Rohingya, putting 144,000 in internal displacement camps in Rakhine state by the end of last year. A State Department report last month noted that Rohingya also face travel restrictions within the country and the junta has made no effort to bring refugees back from Bangladesh.

Myanmar, a country of 54 million people about the size of France, recognizes 135 official ethnic groups, with Burmans accounting for about 68 percent of the population.

The Rohingya, whose ethnicity is not recognized by the government, have faced decades of discrimination in Myanmar and are effectively stateless, denied citizenship. Myanmar administrations have refused to call them “Rohingya” and instead use the term “Bengali.”

The atrocities against the Rohingya were committed during the tenure of the civilian government of Aung San Suu Kyi, who in December 2019 defended the military against allegations of genocide at the ICJ. The Nobel Peace Prize winner and one-time democracy icon now languishes in prison — toppled by the same military in last year’s coup.

In February, the National Unity Government (NUG), formed by former Myanmar lawmakers who operate as a shadow government in opposition to the military junta, said they accept the authority of the ICJ to decide if the 2016-17 campaign against Rohingya constituted a genocide, and would withdraw all preliminary objections in the case.

NUG Human Rights Minister Aung Myo Min called Friday’s ruling “in line” with the shadow government’s approach to the Rohingya issue.

“Today’s ruling will bring up more hearings, credible evidence and testimonies. It will bring an effective ruling in the end, and we welcome all of that,” he said.

Aung Htoo, a Myanmar human rights lawyer and the principal at the country’s Federal Legal Academy, said that while the decision marks a significant step forward in the case, it remains unclear how long it could take for the court to reach a final verdict.

“Most likely it could take several years, even a decade,” he said.

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HARARE– Zimbabwean President, Emmerson Mnangagwa, said yesterday, his government’s target to achieve a 12-billion U.S. dollar mining industry by 2023, is achievable given the growing momentum in the industry.

He said, it was encouraging that last year, and despite the negative effects of the COVID-19 pandemic, the mining sector’s performance amounted to 5.2 billion U.S. dollars, from 2.9 billion dollars in 2017.

“Well done to the sector stakeholders for a commendable performance,” he said, while opening the annual mining exhibition in the second city of Bulawayo, yesterday.

He said, since assuming power in 2017, he had commissioned various signature mining projects in the areas of exploration, extraction and expansion, covering such minerals as lithium, platinum and gold, adding that, more projects will be coming on stream between the next 20-24 months.

“The 12-billion-dollar target is, therefore, within reach, and set to see the realisation of a diversified, integrated, modern and industrialised economy, synonymous with a prosperous society,” Mnangagwa said.

Mining is strategic to the Zimbabwean economy, accounting for more than 60 percent of foreign currency receipts annually, and 13 percent of GDP.

Mnangagwa pledged more incentives to mining sector investors, and called for the efficient organisation and syndication of the artisanal, small- to medium-scale miners in the sector.

“Going forward, I call upon the sector to rally its players, to adopt contemporary and appropriate mining technologies across the mineral value chain. This must result in the efficient extraction and guarantee realisation of the maximum value from our God-given endowments,” Mnangagwa said.

He called on the sector to venture into quality production and competitively priced mining consumables, in line with “Buy Zimbabwe; Made in Zimbabwe; Build Zimbabwe” initiative.

“Riding on increased capacity utilisation of the various mining houses, there is no excuse for the continued importation of mining consumables and related accessories, such as mill balls and conveyor belts, among others,” Mnangagwa said.

Source: NAM NEWS NETWORK

Your Excellency, My Dear Brother, President Alassane Ouattara,

Your Excellency, Ambassador Sakaria Koné, Ambassador of Côte d’Ivoire to South Africa,

Your Excellency, Ambassador Zolani Mtshotshisa, Ambassador of South Africa to Côte d’Ivoire,

Honourable Ministers,

Senior Government Officials,

Ladies and Gentlemen,

On behalf of the Government and the people of the Republic of South Africa, I would like to extend a very warm welcome to you, Mr President, and your delegation.

Let me thank you for honouring our invitation.

Your visit to our shores is evidence of the importance we attach to strengthening our bilateral relations.

I recall with fondness my state visit to Côte d’Ivoire in December last year, which did much to deepen trade and investment relations and build a stronger bond between our peoples.

A new era of cooperation has been established between South Africa and Côte d’Ivoire.

Your visit today is an opportunity to review progress on the implementation of the Agreements and Memoranda of Understanding we signed in December, consider new Agreements to further strengthen bilateral cooperation, and review the implementation of economic projects.

Since my visit to Côte d’Ivoire, much work has been done to implement the agreements.

I have been informed that the departments of our two countries have been engaging each other constantly with a view to deepen our bilateral relations.

I am pleased to note that our Ministers of foreign affairs shared information and exchanged views on matters of mutual interest during their political consultations earlier this month.

It is a signal of our shared commitment and confidence that we will be signing a further six agreements to further strengthen our bilateral relations.

We will be signing Memoranda of Understanding in the areas of Transport, Social Development and Social Inclusion, Forestry and Wildlife, Sports, and Economic Cooperation.

We will also be signing a Memorandum of Understanding on cooperation between our respective schools of government.

We are encouraged by the fact that despite the challenges posed by the COVID-19 pandemic, bilateral trade between South Africa and Côte d’Ivoire is on an upward trajectory.

Over the last three years, the value of South African exports to Côte d’Ivoire has increased by close on 25 per cent.

The value of South African imports from Côte d’Ivoire has increased by more than 200 per cent over the same period.

While this increase is from a small base, it is clear that there is huge potential to increase bilateral trade between the two countries.

We welcome the commencement of the flights of Air Côte d’Ivoire between Johannesburg and Abidjan on the 1st of July.

This route will contribute to increase traffic between our two countries and between South and the West Africa region.

In turn this will contribute to increased trade, investment, and tourism.

With the entry into force of the Agreement on the African Continental Free Trade Area, I expect the volume of trade to further increase between our countries.

The portfolio of investments in Cote d’Ivoire by South African companies is increasing rapidly.

This includes significant investment and financing by institutions like the Development Bank of Southern Africa, Rand Merchant Bank and Nedbank.

Among others, South African companies are active in the telecommunications, broadcasting, banking and insurance sectors in Côte d’Ivoire.

We believe that there is great opportunity for South African companies – both state owned and privately owned – to support the priority sectors identified in the Ivorian National Development Plan 2021-2025.

These include sectors like agriculture, mining, oil and gas, electricity, transport and logistics, and industry.

In this regard, a South African state entity, Umgeni Water, has expressed an interest in one of the Ivorian National Development Plan projects to supply drinking water to the city of Abidjan.

As Côte d’Ivoire prepares to host the 34th African Cup of Nations in 2023, South Africa is available to collaborate with Côte d’Ivoire on the required infrastructure projects, drawing on our own experience of hosting the FIFA World Cup in 2010.

South African companies could contribute to the ambition of the Ivorian National Development Plan to increase domestic agro-processing to derive greater value from the country’s substantial agricultural resources.

Mr President, we commend the progress Côte d’Ivoire has made under your leadership in nation building and reconciliation.

This makes Côte d’Ivoire a shining beacon for the region and continent on the peaceful resolution of conflict.

We have been closely following the security situation in the West Africa region.

We fully support the decisions of the 61st ECOWAS Summit of Heads of State and Government held on the 3rd of July 2022.

We share ECOWAS’s concerns on the recurrence of terrorist attacks in Burkina Faso, Mali, Niger and Nigeria and the spread of such activities to Benin and Togo.

We support the decisions of ECOWAS on the situations in Mali, Burkina Faso and Guinea.

South Africa appreciates the important role played by Côte d’Ivoire in contributing to peace and stability in West African through contributing troops and police to the Stabilisation Mission in Guinea Bissau.

South Africa is ready to provide support to Côte d’Ivoire within the framework of the Defence Cooperation Agreement signed in December 2021.

Our Ministers of Defence must urgently finalise plans on defence industry cooperation, identification of training needs and other possible areas of cooperation.

It is significant that this State Visit takes place as we mark 20 years since the African Union was formed in July 2002 in Durban.

The 20th Anniversary of the African Union presents an opportunity for a reflection on Africa’s path to prosperity and peace, and on the road ahead.

We remain firm in our commitment to unity, solidarity and cohesion as we work for a better Africa and a better world.

We must intensify our efforts to realise the Africa We Want by 2063.

Within the global governance system, South Africa will continue to defend and promote the primacy of the United Nations in resolving the many challenges facing the international community, including in the areas of peace and security, sustainable development and human rights.

Finally, I wish Côte d’Ivoire well in the upcoming 2022 FIFA World Cup in Qatar.

I also wish Côte d’Ivoire all the best with its preparations to host for the 34th African Cup of Nations in 2023.

I thank you.

Source: The Presidency Republic of South Africa