Assessment of the Annan Commission Recommendations

I. Introduction

Recently, significant activity concerning the Rohingya repatriation to the Arakan have taken place between the Government of Bangladesh and the military junta in Myanmar. Parallel to these bilateral initiatives, many governments are beginning to provide assurances for the successful repatriation of the Rohingya without any acknowledgement that the situation in the Arakan has not stabilized. Since 2017, one significant attempt was made at repatriating the Rohingya, but the Rohingya chose not to leave Bangladesh. As of September 2023, the military junta alongside the Government of Bangladesh are attempting a possible repatriation of up to 3,000 Rohingya people.

Over the years, policymakers and governments have indicated the pre-requisite to determine if conditions were safe in the Arakan was the implementation of the Rakhine Recommendations. This report intends to shed light on the current status of the Rakhine Recommendations. ARNO emphasizes that the Rakhine Recommendations, despite the review and approval of the Recommendations by the military junta and the National League for Democracy, the Recommendations have not been given appropriate attention nor have they been implemented.

II.Background

In August 2016, Aung San Suu Kyi announced the formation of the Arakan State Advisory Commission, led by former Secretary General of the United Nations, Kofi Annan. The creation of the Commission drew both praise and criticism from different groups, some hailing the need for an independent commission to be formed, while others criticized the presence of foreigners on the Commission. This sentiment continued to be expressed while the Commission toured the Arakan, with others happy to engage the Commission. Shortly into his tenure as the Chair, Kofi Annan, raised concerned over human rights situation in the Arakan due to the flare up in violence in October. In November 2016, the Government of Myanmar also created another investigative commission to examine violence in Maungdaw, which the Annan Commission opined may have caused the public confusion. Some aspects of both commissions overlapped.

In March 2017, the Annan Commission published an interim report and recommendations. The interim recommendations were intended to prevent further violence in the Arakan. ARNO analyzes those recommendations solely based on the actions of the Government in Myanmar prior to the August 2017 genocidal purge.

Recommendations made March 2017	Government of Myanmar Action prior to August 2017
Full and unimpeded humanitarian access	Limited humanitarian access was allowed to resume in certain areas
Full access for Media	No
Accountability for human rights perpetrators	No
Activation of joint commission between Bangladesh and Myanmar governments	Nothing practical
Refugees to be given secure environment and homes when returning from Bangladesh	No
Publication of the Rakhine State Socio-Economic Development Plan	No
Carry out a comprehensive assessment of a SEZ	No
Equal access for education	Restrictions on Rohingya students. Security forces disturbed and sometimes detained the Rohingya students going to Sittwe University for not possessing National Registration Cards.
Equal access for health	No equal access for health for Rohingya.
Encourage employers to hire people from the Rakhine	Unsure, whether this happened for other groups but not for the Rohingya.
Training for security forces utilizing a human rights framework	No
Security forces mirror the population, including women and minorities	No
Those with citizenship – no restrictions and full freedom of movement	For the Rohingya restriction of full freedom of movement in place whether or not they were citizen.
Clear timeline for citizenship verification process and Rakhine and Muslim communities to work with government on citizenship verification process	Not attempted
Government of Myanmar should ensure that children and descendants of citizens do not have to go through the National Verification Card process (a preparatory step towards the citizenship process for undocumented people) but qualify automatically to apply for citizenship.	Not attempted
Government of Myanmar initiate a process to map all existing restrictions on movement in Rakhine, covering all communities	Not attempted
Government of Myanmar roll out a comprehensive birth registration campaign –	Not attempted
Government of Myanmar should prepare a comprehensive strategy towards closing all IDP camps in Rakhine State	Not attempted
Government of Myanmar should facilitate the return and relocation of IDPs from Ramree, Min That Phar, Ka Nyin Thaw	No
Government of Myanmar should officially declare its intention to propose Mrauk U as candidate for the status as a UNESCO world heritage site	Not attempted
Publicly encourage inter-communal harmony and encourage dialogue	Genocidal purge takes place in August 2017.
Government of Myanmar denounce all kinds of hate speech, and hold perpetrators accountable	No
Establishment of joint markets	No
Creation of consultative mechanisms for Muslims	No
Government should allow Muslims in Muslim-majority villages and village tracts to become village administrators	No
Government continue its initiative to brief ASEAN members on a regular basis on the broader dimensions and regional implications of the situation in Rakhine State	No

III. Assessment of Annan Commission Recommendations

After the interim recommendations were made, the Annan Commission followed up with a final report which have been labeled the “Rakhine Recommendations.” The following table is a breakdown of all the Recommendations made by the Annan Commission and the corresponding actions[1] taken by actors to the specific recommendation made.

Commission mandate:

Commission will consider humanitarian issues, living conditions, access to health, education and livelihoods, the question of citizenship and freedom of movement, and the assurance of basic rights.
Commission was mandated to develop recommendations within five thematic areas: conflict prevention, humanitarian assistance, reconciliation, institution building and development.

Recommendation	Military	NUG	Arakan Actors
Commission urges the Government to increase the participation of Rakhine’s local communities in decision making affecting the development of the state, and find ways to ensure that local communities benefit from investments – including natural resource extraction – in Rakhine State	Rohingya IDP camps No inclusion of Rohingya – resource extraction belongs to the State as per the 2008 Constitution MNC not involving Rohingya in the process	N/A NUG position on Rohingya recognition is unclear.	AA and local administration have shown no plan to incorporate Rohingya in communities’ benefit. In fact, have incorporated oppressive measures. For example, land has been grabbed and further demographic changes to prevent Rohingya from being included.
Government should ensure adequate compensation for appropriated land	No	No policy stated, however recent reports indicate NUG is selling land and rights to land in order to raise money to combat the junta.	No
Government of Myanmar should carry out a comprehensive assessment (or a so-called strategic environment assessment) for Kyawkpyuh and its environs to explore how the Special Economic Zone (SEZ) may affect local communities and map how other economic sectors in the state may benefit (or possibly suffer) from the SEZ	Most recent article indicates project is proceeding.	(NLD was in power at this time) Report was completed, unclear whether any of the recommendation was implemented.	N/A
Government should require foreign companies involved in the development of the SEZ to develop robust mechanisms for information sharing and consultation with local communities and civil society, in accordance with principles of corporate social responsibility.	No (Rohingya in IDP camps)	No	No
Government should carry out labour market assessments – as well as a mapping of anticipated labour needs generated by planned industrial development in Rakhine, including the SEZ – to design targeted vocational training.	No inclusion of Rohingya for work opportunities.	No policy to address this.	No inclusion of Rohingya for work opportunities.
Government should be particularly sensitive to the needs of women whose labour force participation remains low	There is no access to work for Rohingya women. Rohingya women are trafficked and exploited.	No policy to address this.	Rohingya women are trafficked and exploited.
Government should continue to invest heavily in infrastructure, including roads, waterways, jetties, electricity, drinking water and internet provision.	Yes – there are infrastructure development and multinational investments.	No	No
Government should expand extension services to farmers, including mechanization, provision of quality seeds, and training in modern agricultural techniques	No – currently in conflict between SAC and AA. Rohingya farmers deprived of livelihood.	No	No – currently in conflict between SAC and AA. Rohingya farmers deprived of livelihood.
Government should address regulatory issues that currently constrain SMEs and family businesses	No – Rohingya are excluded	No	No
Government should seek to reduce red tape in order to promote business, and expand accepted documentation to receive business licenses, not least as a way to include more Muslim businesses within the formal economic sector and reduce barriers to entry	No – Rohingya in IDP camps	No policy	No – Rohingya in IDP camps
Government should urgently step up its efforts to strengthen the capabilities of communities to adopt climate resilient options	Due to conflict, not a priority	Due to conflict, not a priority	Due to conflict, not a priority
Government should also seek to improve the state’s irrigation systems through the construction of embankments.	No	No	No
Government should immediately ensure that those who are verified as citizens enjoy all benefits, rights and freedoms associated with citizenship.	No	General Policy written in 2021.	N/A – AA claims to want to give Rohingya citizenship.
Government should establish a clear strategy and timeline for the citizenship verification process	No	No	N/A
Government should clarify the status of those whose citizenship application is not accepted	No Rohingya accepted	No procedure identified	N/A
The Government should clarify residency rights and provide associated documentation, which is a common practice around the world.	No	No	N/A
Government to revitalize the citizenship verification process, the Commission also urges the Government to ensure that the process is voluntary	No	NVC to be eliminated as per policy	N/A
Complaints related to the on-going verification processes should be addressed swiftly by a government authority independent	No	NVC to be eliminated – not sure if it is relevant anymore.	N/A
Government set in motion a process to review the Citizenship Law	No	Policy identified to repeal and create new law	N/A
Government should present a plan for the start of the process to review the citizenship law. The Government should also propose interim measures	No	Policy speaks to this generally, but no process has been identified nor interim measures.	N/A
Government should ensure freedom of movement for all people in Rakhine State, irrespective of religion, ethnicity, or citizenship status.	No	N/A	No
Government should conduct a mapping exercise to identify all existing restrictions on movement in Rakhine	No	N/A	No
Government should introduce measures to prohibit informal restrictions that include, among others, unofficial payments, arbitrary roadblocks, and requirements for the Muslim community to pay for security escorts. Perpetrators should be prosecuted in accordance with the law.	No	No policy identified	No
Government should immediately simplify the travel authorization system to allow movement across townships and outside the state.	No	No policy identified	No
Police should uphold the rule-of-law and ensure that anyone who obstructs movement – for instance by using violence or threats of violence as a means of preventing movement – is held accountable in accordance with the law	No	No rule of law policy established by NUG	No
Government should undertake a mapping and legal review of all local regulations and orders in Rakhine State which restrict the rights and freedoms of minorities	No	No	No
Government of Myanmar should prepare a comprehensive strategy towards closing all IDP camps in Rakhine State	No	No policy	No
Government should cooperate with international partners to ensure that return/relocation is carried out in accordance with international standards	No	Unclear policy and process on return	No
Government should ensure dignified living conditions in camps	No	No	No
Government of Myanmar should ensure full and unimpeded humanitarian access – for both national and international staff – at all times and to all communities in Rakhine State	Military continues to present challenges to any humanitarian aid access all over the country. Cyclone Mocha reports indicates hampered access to aid	Cyclone Mocha – NUG established emergency fund.	Cyclone Mocha aid distribution taking place through Arakan Army.
Government, assisted by international partners, should ensure that humanitarian assistance is provided in accordance with international protection principles	NLD and Military worked in tandem to prevent aid delivery to Arakan.	NLD and Military worked in tandem to prevent aid delivery to Arakan.	No
Reconsider the requirement for government officials to accompany international staff to the field, and simplify and standardize the travel authorization process for aid organizations	Any entry blocked by military, even international entities such as MSF, WFP, and ICRC.	N/A	No
International humanitarian actors should seek to work closely with the Government, and consult and inform the Government about on-going and planned activities in a timely manner	No	No	No
Government of Myanmar should provide full and regular access for domestic and international media to all areas affected by recent violence – as well as all other areas of the state.	Rolling internet shutdown when there is violence. There is significant media restriction in the area.	N/A	Rolling internet shutdown when there is violence. There is significant media restriction in the area.
Government should increase and improve its public communication related to developments in Rakhine State	No	No	No
Union Government and the Rakhine State Government should ensure – and publicly state – that all communities in Rakhine have equal access to education, irrespective of religion, ethnicity, race, gender, or citizenship status.	No	N/A	No
Government should develop a comprehensive plan for the strengthening of the state’s education sector, focusing on equal access, improved quality of education, and upgrading of physical facilities and teaching material	No	No identified policy	No
Government should immediately expand primary education to the communities in northern Rakhine State, and intensify efforts to ensure that teachers assigned to Muslim villages resume their work	No	N/A	No
Government should assess and address the indirect costs of schooling, such as costs related to transportation, food, uniforms, teaching materials and other equipment, which reduce access to education for the poorest segments of all communities	No	N/A	No
Government should expand access to post-primary education for children from all communities (including IDPs)	No	N/A	No
Union Government and the Rakhine State Government should ensure – and publicly state – that all communities have equal access to health treatment, irrespective of religion, ethnicity, race, gender, or citizenship status	No	N/A	No
Government should ensure that each village in Rakhine – as a minimum – has access to a full-time community health volunteer who is recognized by the state’s health system, and have referral capacity to the nearest health centre or station hospital	No	N/A	No
Government should ensure the availability of a standardized list of equipment for each level of medical care, including township hospitals, sub-station hospitals, rural health centres and sub-health centres	No	N/A	No
Government should increase health capacity by recruiting volunteers	No	N/A	No
Government for moving forward with the plans to expand and refurbish the Sittwe General Hospital	Refurbishment started in 2018. Rohingya do not have access.	N/A	No
Government should roll out a comprehensive state-wide program to combat malnutrition	No	N/A	No
Government of Myanmar should accelerate efforts to implement a comprehensive immunization outreach campaign to cover all populations	Some immunizations available, but Rohingya are not given same levels of access like other groups. Vaccinations for COVID 19 are blocked.	N/A	No
Government should establish a complaint mechanism to report incidences of corruption, informal payments, exploitation or discriminatory practices in the health sector, and hold perpetrators to account.	No	N/A	No
Government should expand primary health care services through increased number of mobile health clinics.	No	N/A	No
Government of Myanmar should adopt a holistic anti-drugs approach based on public health, community safety, human rights and development	No	N/A	No
Government should strengthen health and harm reduction services for drug users, and ensure that the use of such services is voluntary.	No	N/A	No
Government should intensify its efforts to combat corruption within the security agencies operating along the Myanmar-Bangladeshi border	No	N/A	No
Government should not only focus on users or low-level dealers, but rather concentrate its efforts on identifying and prosecuting major producers and drug barons	No	N/A	No
Government of Myanmar should take steps to promote communal representation and participation for underrepresented groups	No	No (Rohingya as an ethnic group not represented in NUG or NUCC)	No Rohingya involvement in State government level
Rakhine State Government and General Administration Department should increase access to civil service positions for individuals from ethnic and religious minorities in the state, with particular effort to incorporate women from those groups	No	No	No
Government should facilitate the registration process for civil society organizations from all ethnic and religious groups.	New law passed requiring registration of all CSO’s.	No	No
Government should mandate regular (for instance quarterly) township-level civil society dialogue meetings, to be independently organized by civil society actors, and attended by representatives from local administration, relevant line ministries, and members of the State Parliament.	No	No	Possibly happening (not inclusive of Rohingya)
Rakhine State Government should establish a mechanism which would serve as the focal point for information dissemination and feedback on government performance, and gather community and civil society feedback on policies under consideration.	No	No	No
Rakhine State Government and General Administration Department in Rakhine State should ensure that all 10- and 100-household leaders, Village Administrators and Village Tract Administrators are directly elected by the residents of each village/ village tract.	Depending on village, village tract is chosen (not elected). [Ronnie to check]	N/A	No
Terms of Reference and Code of Conduct for the CMCs. The provisions seek to increase the representativeness of the CMCs and to curtail corruption. The Commission urges the Government to implement the plan.	No	No	No
Government should consider establishing the post of Ethnic Affairs Minister for all ethnic minorities in Rakhine with more than 0.1 percent of the population.	Ethnic Affairs Minister is a representative chosen by each state (prior to the coup).	NUG has established NUCC which has all ethnic groups under one umbrella – Rohingya not included.	No
Women’s Affairs Department should be established within the Rakhine State Government	No	No	No
Government of Myanmar should ensure that inter-communal dialogue is held at all levels of society – including township, state and union levels – and conducted in a systematic manner with a clearly stated purpose	No	No	No
Government of Myanmar should empower local Township Administrators in Rakhine to play a key role in facilitating dialogue	No	No	No
Government should initiate activities that help create an environment conducive for dialogue (reconciliation)	No	No	No
Government should actively combat all forms of hate speech, in particular when directed at ethnic or religious minorities.	No	No	No
Religious leaders – Buddhist, Muslim, Christian and others – should actively support the Government’s agenda to combat hate speech and racial/religious discrimination	No	No	No
Training on human rights awareness to Myanmar security personnel	No	No (People’s Defense Force)	No
Government of Myanmar should take steps to improve the monitoring of the performance of security forces	No	No	No
Government should establish a permanent mechanism for performance inspection.	No	No	No
Government should establish a national complaint mechanism, through which individuals may seek redress in cases of abuse or neglect by security personnel.	No	No	No
Government should simplify the security infrastructure in Rakhine by creating a unified agency for all policing in the state,	No	No	No
Security personnel assigned to Muslim majority areas in northern Rakhine State should be offered language training in order to reduce misunderstandings and improve relations with local communities.	No	No	No
Perpetrators of serious human rights violations are held accountable. The Commission noted the establishment of the Investigation Commission on the events in Maungdaw, and calls on the Government to release the full report as soon as possible.	No action has been taken.	NLD did not take action. NUG has made no further follow up regarding this event.	No
Government of Myanmar should provide adequate training to members of Rakhine’s judiciary.	No	N/A	No
Government should facilitate the establishment of a rule-of-law centre in Sittwe, and provide its staff with full and unimpeded access to all parts of the state.	No	N/A	“Legal Clinic Myanmar” runs a labor rights clinic in Sittwe. This is a non-governmental organization.
Government should make the following public (administrative mechanism, decisions, relevant fees)	No	No	No
Local authorities, members of the judiciary, and other bodies having a judicial role that are accused of bias or corruption, should incur disciplinary measures if found culpable.	Judiciary controlled by other actors, unable to be fair and independent.	No	Judiciary controlled by other actors, unable to be fair and independent.
Government of Myanmar should continue its collaboration with UNESCO and other international partners to ensure Mrauk U’s eligibility as a world heritage site.	Nearing completion – application filed in 1996	Nearing completion – application filed in 1996	N/A
Government should list and protect historic, religious and cultural sites of all communities in Rakhine.	No – Rohingya cultural and religious sites are all destroyed. All new infrastructure has been built on some sites.	No comment has been made.	Rohingya land has been given to Rakhine communities for cultivation, monies to be paid to Arakan Army.
Myanmar Government to establish a Joint Commission with Bangladesh	Several agreements have been made for instance Rice Trade 2022 – 2027. Bangladesh offered to build a bridge for the Silk Road.	N/A	N/A
Governments of Myanmar and Bangladesh should facilitate the voluntary return of refugees from Bangladesh to Myanmar through joint verification	Since 2017 two to three times there have been attempts to repatriate but no refugees volunteering. Bangladesh and Myanmar had meeting in March 2023 on joint verification but no refugees not cooperating. (Held in Teknaf).	N/A	N/A
Refugees from northern Rakhine State return from Bangladesh, the Government of Myanmar should help create a secure environment and, where necessary, assist with shelter construction for those whose homes have been destroyed.	No – construction of shelters is for those who will be repatriated from Bangladesh. No homes have been replaced since 2017.	No – NUG has not mentioned a policy.	No Arakan actors have agreed to replace or rebuild lost Rohingya homes.
The Commission notes that substantial progress has been made since the interim report on security cooperation and border issues, including a clear willingness to finalize the three MoU’s which will formalize a deepening of Myanmar-Bangladeshi security cooperation. The Commission is of the opinion that this effort should be continued and intensified.	Based on the search results, there is no information available on the three MoUs between Bangladesh and Myanmar regarding security. However, it should be noted that the two countries have signed several agreements in the past, including the General Trade Agreement in 1973, Repatriation of Refugee Agreement in 1978, 1991 and an MoU signed in 2017 for the repatriation of Rohingya refugees. In recent times, tensions have escalated between the two countries due to alleged border violations and firing incidents by Myanmar along the Bangladesh-Myanmar border, leading to increased vigilance by Bangladesh’s Border Guards. The armed forces of both countries have also been urged to enhance their relations to promote regional security and stability.	N/A	N/A
Joint Trade Commission and encourages both governments [Myanmar and Bangladesh] to rapidly increase their bilateral trade.	Yes ongoing – Memorandum of Understanding on the establishment of a Joint Business Council (JBC)	N/A	N/A
Government of Myanmar should continue its initiative to brief ASEAN members on a regular basis on the broader dimensions and regional implications of the situation in Rakhine State.	Military produced report on situation in Arakan.	No – not recognized by ASEAN	N/A
Government should recognize the interest of neighbouring countries in the situation in Rakhine State, and allow for full and frank discussion of the topic in regional for a.	Conversations ongoing with Bangladesh regarding repatriation and non- state armed actors.	NUG participating in conversations with Bangladesh for their recognition as of 2023	N/A
Coordinating policy on Rakhine State and ensuring the effective implementation of the Rakhine Advisory Commission’s recommendations.	No	No	No
Central Committee on Implementation of Peace and Development in Rakhine State and support its work -permanent consultation with groups and technical and financial support of Secretariat.	Prior to coup military extended invitations to Rohingya to participate in non-substantive consultative meetings	No	Agreement between Rakhine and Rohingya [ARNO Press Release]

[1] ARNO intends to keep this list of recommendations and actions up to date with credible information.