US Muslim activists sue Myanmar president over treatment of Rohingyas

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A Rohingya migrant woman, who arrived in Indonesia by boat, looks from a window of a shelter inside a temporary compound for refugees in Kuala Cangkoi village in Lhoksukon, Indonesia's Aceh Province, on May 17, 2015. The United Nations has called on countries around the Andaman Sea not to push back the thousands of desperate Bangladeshis and Rohingya Muslims from Myanmar now stranded in rickety boats, and to rescue them instead. Photo courtesy of  REUTERS/Beawiharta
*Editors: This photo may only be republished with RNS-ROHINGYA-SPLAINER, originally transmitted on May 19, 2015.

A Rohingya migrant woman, who arrived in Indonesia by boat, looks from a window of a shelter inside a temporary compound for refugees in Kuala Cangkoi village in Lhoksukon, Indonesia's Aceh Province, on May 17, 2015. The United Nations has called on countries around the Andaman Sea not to push back the thousands of desperate Bangladeshis and Rohingya Muslims from Myanmar now stranded in rickety boats, and to rescue them instead. Photo courtesy of REUTERS/Beawiharta *Editors: This photo may only be republished with RNS-ROHINGYA-SPLAINER, originally transmitted on May 19, 2015.

YANGON/NEW YORK (Reuters) – Muslim rights activists have filed a lawsuit in the United States against Myanmar President Thein Sein, accusing him and several ministers of human rights abuses against minority Rohingyas, just a few weeks before an historic general election.

The complaint filed on Thursday in Manhattan federal court accused Thein Sein and top officials of planning and instigating “hate crimes and discrimination amounting to genocide.”

According to the plaintiffs, Muslim Rohingya are “subjected to genocide, torture, arbitrary detention, cruel, inhuman and degrading treatment” by officials controlled by Thein Sein and his ministers.

Myanmar’s government spokesman was not immediately available for comment, and did not respond to emailed requests.

The civil lawsuit was filed by Burma Task Force, a group of 19 Muslim organisations, and the Rohingya man Hitay Lwin Oo.


READ: Anti-Muslim Buddhist group moves toward Myanmar’s mainstream


It seeks compensatory and punitive damages for alleged violations of the Alien Tort Statute (ATS), a U.S. law often invoked in lawsuits alleging human rights abuses.

The government will have a chance to respond to the lawsuit once it is served. It typically takes at least a few months for a judge to decide whether a case may proceed.

In 2013, the U.S. Supreme Court made it harder to pursue many ATS lawsuits. It said claims must “touch and concern” U.S. territory “with sufficient force” to displace the presumption that the law does not cover non-U.S. conduct.

Myanmar does not consider the Rohingya to be citizens, rendering them effectively stateless, while denying that it discriminates against them or that they are fleeing persecution.

A tide of anti-Muslim sentiment swept through the country a year after the military ended its rule in 2011, morphing into communal violence.


READ: The ‘Splainer: Who are the Rohingya and why are they fleeing Myanmar?


At least 200 people were killed and more than 140,000, mainly Rohingyas, were displaced in fighting between Muslims and Buddhists in Myanmar’s western Rakhine State.

During the flare up of the boat people crisis in Asia in May, Myanmar denied that its treatment of the Rohingya caused their exodus.

Religious and ethnic tensions are rising ahead of Nov. 8 elections in Myanmar. The government has barred most Rohingyas from voting and registering as candidates, drawing criticism from western countries and undercutting Myanmar’s efforts to portray the poll as its first free and fair election in 25 years.

Myanmar has defended its decision, with its foreign minister recently comparing the situation to the United States barring foreign citizens who hold “green cards” that let them work in the country from voting in elections.