All companies have a responsibility to respect all human rights wherever they operate in the world and throughout their operations. In order to meet this responsibility, companies must engage in ongoing and proactive human rights due diligence processes to identify, prevent, mitigate and account for how they address their impacts on human rights. For technology companies like Meta, due diligence must also include addressing situations in which “business model-driven practices and technology design decisions create or exacerbate human rights risks”. Should a company either cause or contribute to an adverse human rights impact, it has a responsibility to provide effective remediation to affected communities. Amnesty International’s analysis shows how Meta’s content-shaping algorithms and reckless business practices facilitated and enabled discrimination and violence against the Rohingya. Meta’s algorithms directly contributed to harm by amplifying harmful anti-Rohingya content, including advocacy of hatred against the Rohingya. They also indirectly contributed to real-world violence against the Rohingya, including violations of the right to life, the right to be free from torture, and the right to adequate housing, by enabling, facilitating, and incentivizing the actions of the Myanmar military. Furthermore, Meta utterly failed to engage in appropriate human rights due diligence in respect of its operations in Myanmar ahead of the 2017 atrocities. This analysis leaves little room for doubt: Meta substantially contributed to adverse human rights impacts suffered by the Rohingya and has a responsibility to provide survivors with an effective remedy. Amnesty International wrote to Meta and asked what measures the company took prior to 2017 to prevent its algorithmic systems from being used to amplify advocacy of hatred against the Rohingya. Meta responded that “Meta’s investments in Myanmar in response to the events in 2017 have been significant” but added that that the company could not provide information concerning the period leading up to 2017 because the company is “currently engaged in litigation proceedings in relation to related matters”. Five years on from the atrocities in northern Rakhine State, no member of the Myanmar security forces has yet been prosecuted for their crimes. However, some international justice efforts are moving forward. In July 2022, the International Court of Justice (ICJ) dismissed Myanmar’s objections and ruled that it has jurisdiction to proceed with a case filed by The Gambia in 2019, alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) by Myanmar. Amnesty International welcomes this important step towards holding the Myanmar government to account and continues to call for senior members of the Myanmar military to be brought to justice for their role in crimes against the Rohingya. Meta is currently facing at least three active cases seeking remediation for the Rohingya. Parallel civil legal proceedings were filed against the company in December 2021 in both the United Kingdom and the United States. Refugee groups in Cox’s Bazar have also made direct requests to Meta to remediate them by funding a USD $1 million education project in the refugee camps. The USD $1 million requested by the Rohingya to fund their educational initiative represents just 0.002% of Meta’s 2021 profits of $46.7 billion. On 10 February 2021, Meta responded to the Rohingya community’s latest request with a rejection, stating: “Facebook doesn’t directly engage in philanthropic activities.” Meta’s presentation of Rohingya communities’ pursuit of remedy as a request for charity portrays a deeply flawed understanding of the company’s human rights responsibilities. For the Rohingya survivors of the 2017 atrocities in northern Rakhine State, the great majority of whom still live under conditions of extreme deprivation in refugee camps in Cox’s Bazar, Bangladesh, the pursuit of justice and remediation is both a matter of principle and one of urgent material need. According to the UN, Rohingya educational needs in 2022 total US$ 70.5 million. Of this amount, just 1.6% has been actually funded. Mohamed Junaid, a 23year-old Rohingya refugee, lamented the state of educational provision for the Rohingya in Cox’s Bazar: “Though there were many restrictions in Myanmar, we could still [go to] school until matriculation at least. But in the camps, our children cannot do anything. We are wasting our lives under tarpaulin.” Mohamed Junaid, 23-year-old Rohingya refugee Despite its partial acknowledgement that it played a role in the 2017 violence against the Rohingya, Meta has to date failed to provide an effective remedy to affected Rohingya communities. Following Meta’s refusal THE SOCIAL ATROCITY META AND THE RIGHT TO REMEDY FOR THE ROHINGYA Amnesty International 9

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