Politicization of the International Human Rights System and the Blatant Violation of Human Rights in Myanmar

Document Type : Original Article

Author

PhD Candidate in Public Law, Public Law Department, Faculty of Law, Economy and Administration, University of Lorraine, Metz, France

10.22099/ijas.2024.7765

Abstract

Human rights are among the oldest and most fundamental needs of mankind, formed within human existence. Despite the progress that has occurred in the area of guaranteeing human rights globally, these rights are occasionally abused in various parts of the world, with one of the primary examples of such abuse being the vast violation of human rights in Myanmar and the brutal slaughter of the country's Muslims by the central government. The present study aims to elaborate on the aspects of the international human rights system being politicized and the gross violations of these rights in Myanmar, based on human rights principles and regulations, as well as the effect of the exertion of power on these gross violations and the politicization of international human rights. Using a descriptive-elucidative method, this study seeks to find answers to the questions of what factors have primarily influenced the increase in blatant human rights violations within the international legal system, considering Myanmar as a case study, and what factors have led to the politicization of international law regarding the ruthless slaughter of Myanmar’s Muslims. In response to these questions, a hypothesis is proposed, suggesting that the politicization of the international human rights system and the significant influence of power relations and state interests have led to the occurrence of clear human rights violations, such as the violation of Muslims' rights in Myanmar. The study's findings indicate that the increase in blatant human rights violations within the international legal system, with Myanmar as an example, has been largely influenced by political factors, the interests of major countries, economic considerations, and the unfortunate experience of the emergence of extremist Islamic groups. Additionally, the fear of terrorism's spread, particularly among non-Muslim countries (in Europe, the US, India, Russia, and China), has led to global passivity on this issue. Furthermore, the weak response from Islamic countries has exacerbated the situation, leaving the shelterless Muslims vulnerable to various atrocities.

Keywords

Main Subjects

References

Lallah, R. (2000). Question of the Violation of Human Rights and Fundamental Freedoms in any Part of the World. UN Economic and Social fundamental freedoms in any part of the world.
Amnesty International (20 December 2016), “Myanmar: "We are at breaking point" - Rohingya: persecuted in Myanmar, neglected in Bangladesh”, available at: https://www. amnesty.org /en/ documents/ asa16/5362/2016/en
Barcelona Traction, light and power company, Limited, second phase, Judgment, I.C.J Reports (1970).
Gowen, A. (2017). Textbook Example of Ethnic Cleansing’: 370,000 Rohingyas Flood Bangladesh as Crisis Worsens,” Washington Post, September 12, 2017, Available at: https//www.washingtonpost.com/world/textbook-example-of-ethnic-cleansing-370000rohingyas-floodbangladesh-as-crisis-worsens/2017/09/12/24bf290e-8792-41e9-a769c79d7326bed0_story.html? utm_term=.ef5ea455aeca.
Human Rights Watch (2017/04/22). All You Can Do is Pray”. OHCHR (20 June 2016), Report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General, Human Rights Council, Thirty-second session, Agenda item 2.
Human Rights Watch (2017/09/06). Burma’s Rohingya Need the World’s Attention, available to: https://www.hrw.org/ news/ 2017 /09/06/burmas-rohingya-need-worldsattention
Human Rights Watch (2017). Burma: Satellite Imagery Shows Mass Destruction, September 19, 2017, Accessed on: https://www.hrw. org/news/2017/09/19/burma-satellite-imagery-shows-mass-destruction.
Krisch, Nico (2005). International Law in Times of Hegemony: Unequal Power and the Shaping of the International Legal Order, The European Journal of International Law, 16(3):744-781.
OIC Charter (2014/03/24). Charter of the Organization of Islamic Cooperation, avalaible to: http: //www.oicoci. org/is11/english/charter-en.pdf.
Quintana, T. (2010). Situation of human rights in Myanmar. UN General Assembly, A/65/368, available from: cilreport.org/atf/cf/ %7B65BFCF9B-6D27-4E9C-8CD3- http://www.securitycoun CF6E4FF96FF9%7D/Myan%20A65%20368.pdf (Accessed June 13, 2013(
Selth, A. (2018). Myanmar’s Armed Forces and the Rohingya Crisis, United States Institute of Peace, Peaceworks No. 140.
The Los Angeles Times, March 13, 2018: Available at: http://www. latimes.com/world/la-fg-myanmar-rohingyas-20180313-story.html.
The Sentinel Project (2013).The Sentinel Project for the Prevention of Genocide-Burma. Canada: The Sentinel Project.
Wolfforth, W. (2008). Realism and Foreign Policy, in Foreign Policy: Theories, Actors, Cases. Edited by Steve Smith, Amelia Hadfield and Tim Dunne, Oxford University Press.
Zarni, M. and Cowley, A. (2014) The Slow-Burning Genocide of Myanmar’s Rohingya, Pacific Rim Law and Policy Journal, 23(3), 681-752.
 
Conventions
Convention on the Reduction of Statelessness, 1961.
Convention relating to the Status of Stateless Persons, 1954: art.8.
 
Resolutions
Resolution 1325 (2000). Adopted by the Security Council at its 4213th meeting, on 31 October 2000, Available at: https://www.un.org/ ga/search/ view_doc.asp?symbol=S/RES/1325%28 2000%29
Resolution 1564 (2004). Adopted by the Security Council at its 5040thmeeting, on 18 September 2004.
Resolution 1593 (2005). Adopted by the Security Council at its 5158thmeeting, on 31 March 2005.
Resolution 1970 (2011). Adopted by the Security Council at its 6491st meeting, on 26 February 2011.
Iranian Journal of Asian Studies
Volume 1, Issue 1 - Serial Number 1
October 2024
Pages 337-366

Files

Share

How to cite

Statistics