Myanmar’s objections and ruled that it has jurisdiction to continue proceedings in the case.334 In November
2019, the International Criminal Court (ICC)’s judges also authorized the ICC Prosecutor to open an
investigation into crimes against humanity in relation to the 2017 “clearance operations”.335 Also in
November 2019, a group of Rohingya survivors filed an international criminal case in Argentina under the
principle of universal jurisdiction, alleging that genocide and crimes against humanity were perpetrated
between 2012 and 2018 and accusing named military officials, including Senior-General Min Aung
Hlaing.336
Alongside these criminal cases, Meta is the subject of at least three active complaints being led by Rohingya
communities. Parallel civil legal proceedings were filed against Meta in December 2021 in both the United
Kingdom and the United States, with the claimants seeking USD $150 billion in damages from the
company.337 In its letter of notice to Meta, lawyers representing the claimants in the UK litigation specifically
allege, inter alia, that Meta “used algorithms that amplified hate speech against the Rohingya people on the
Facebook platform”.338
In addition to these court cases, groups of Rohingya youth activists located in Cox’s Bazar have organized
amongst themselves in pursuit of a remedy from Meta in the form of funding for educational programmes in
the refugee camps.
The communities’ pursuit of a remedy from Meta began on 29 July 2020, when seven camp-based
Rohingya youth groups wrote to Meta’s Director of Human Rights alleging that “Facebook had a large role to
play in [the] violence” suffered by their community.339 The letter sought an update on actions which Meta
promised to take following the publication of its HRIA for Myanmar, and made an initial request for Meta to
engage with camp-based refugees regarding the possibility of remediation. Meta organized a call with the
groups in response, and during the phone call, the groups requested that Meta provide remediation. They
followed up with a proposal for Meta to fund a USD $1million education project.340 The proposal supported a
pitch by a Bangladeshi academic institution to train a large number of Rohingya teachers on instructing
children using the Myanmar curriculum and international materials. 341
Educational opportunities have long been denied to the Rohingya. Under conditions of apartheid in Rakhine
State, Rohingya students have been prevented from attending university since 2012.342 The campaign of
ethnic cleansing by the Myanmar military in 2017-2018, in which the authorities uprooted people by
deliberately destroying their homes and belongings and forced them into exile, resulted in a host of human
rights violations of economic and social rights, including the right to education, particularly for children. 343
Over half of all the refugees registered in the refugee camps in Bangladesh – among a total of approximately
one million people – are children. They have been deprived of access to education in an accredited
curriculum since they sought refuge in Bangladesh in 2017.344 Since December 2021, the community’s
ICJ, Press Release No. 2022/24, “Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The
Gambia v. Myanmar)”, 22 July 2022, https://www.icj-cij.org/public/files/case-related/178/178-20220722-PRE-01-00-EN.pdf
335
Human Rights Watch, “Developments in Gambia’s Case Against Myanmar at the International Court of Justice”, 14 February 2022,
hrw.org/news/2022/02/14/developments-gambias-case-against-myanmar-international-court-justice#whatisthe
334
Burmese Rohingya Organization UK, Submission to the Federal Criminal Court of Argentina, available at:
burmacampaign.org.uk/media/Complaint-File.pdf
336
Dan Milmo, “Rohingya sue Facebook for £150bn over Myanmar genocide”, 6 December 2021,
theguardian.com/technology/2021/dec/06/rohingya-sue-facebook-myanmar-genocide-us-uk-legal-action-social-media-violence
337
338
McCue Jury and Partners, Letter of Notice, 6 December 2021, on file with Amnesty International.
Victim Advocates International, “Rohingya victim groups ask Facebook to provide them support, following its role in the violence against
them”, 10 July 2020, victimadvocatesinternational.org/letter-to-facebook-human-rights-head-miranda-sissons-from-rohingya-refugeegroups
339
340
Letter to Facebook, ‘Supporting higher education for Rohingya refugee youth’, 20 November 2020, on file with Amnesty International.
341
Letter to Facebook, ‘Supporting higher education for Rohingya refugee youth’, 20 November 2020, on file with Amnesty International.
Amnesty International, “Caged without a roof”, p. 70. It has been reported that Sittwe university began accepting Rohingya students
again in May 2022, but it remains unclear how they can technically enrol without citizenship cards, and the freedom of movement required
to physically attend the university. See: DVB English, “Sittwe University To Admit Rohingya Students After Ten Year Ban”, 12 May 2022,
english.dvb.no/sittwe-university-to-admit-rohingya-students-after-ten-year-ban
342
343
Amnesty International, “We will Destroy Everything”, p.137.
Amnesty International and others, “Joint statement: Bangladesh: Restore and strengthen capacity of community-led schools in Rohingya
camps”, 28 April 2022, amnesty.org/en/latest/news/2022/04/bangladesh-restore-and-strengthen-capacity-of-community-led-schools-inrohingya-camps
344
THE SOCIAL ATROCITY
META AND THE RIGHT TO REMEDY FOR THE ROHINGYA
Amnesty International
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