ND Burma
ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.
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- Junta targeting rebel-held areas in northern Myanmar with airstrikes and artillery
- Human Rights Situation weekly update (September 8 to 14, 2024)
- Myanmar National Organizing Committee for ACSC/APF ASEAN Civil Society Conference/ASEAN People’s Forum 2024
- Human Rights Situation weekly update (September 1 to 7, 2024)
- Red Cross chief calls for greater aid access after visit to Myanmar
Rights in Reverse (Human Rights Violations During COVID-19 in Burma)
/in ND-Burma's ReportsAs the COVID-19 pandemic spread rapidly at the beginning of the year, the National League for Democracy (NLD) led government and military reassured the country’s citizens that they had nothing to worry about. The blanket denial served its purpose until the inevitable on 23 March 2020, when the NLD government confirmed the first two cases of COVID-19 in the country.1 Since then, cases have steadily continued to rise. The Burma government has taken several steps including forming an emergency task force with military and civilian ministries to support measures around law enforcement and stability and to expand government efforts to respond to the pandemic.
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Independent Investigative Mechanism for Myanmar
/in NewsThe Human Rights Council resolution, in 39/2, adopted in September 2018, established “an ongoing independent mechanism to collect, consolidate, preserve and analyse evidence of the most serious international crimes and violations of international law committed in Myanmar since 2011, and to prepare files in order to facilitate and expedite fair and independent criminal proceedings, in accordance with international law standards, in national, regional or international courts or tribunals that have or may in the future have jurisdiction over these crimes, in accordance with international law.”
UN IIMM
Burma Army unjustly sues 47 farmers for trespassing on lands seized near Eastern Central Command base in Kho Lam, Namzarng township
/in NewsUpdate by the Shan Human Rights Foundation
July 22, 2020
Burma Army unjustly sues 47 farmers for trespassing on lands seized near Eastern Central Command base in Kho Lam, Namzarng township
47 farmers are facing charges for trespassing on their own farmlands, seized by the Burma Army at Kho Lam, Namzarng township, where the Eastern Central Regional Command is located.
The criminal trespassing charges, under Article 447 of the Penal Code, have been brought by Burma Army Infantry Battalion (IB) 66, whose base lies directly east of Kho Lam, adjoining the seized lands.
The 47 farmers were summoned to Namzarng Court to hear the charges on June 9, 2020, and called to report again at the court on June 18, June 24, June 29, and July 10.
The farmers are from Quarters 1, 2, 3 and 6 of Kho Lam town. They have been using over 400 acres of land east of the town to grow cash crops of corn, rice, sesame and peanuts, enabling them to earn an annual income of about 2 million kyat (over 1,400 US dollars) each. They have been threatened since August 2019 to stop using this land, with IB 66 posting signboards around the farms and later sending in troops to intimidate the farmers.
Military seizure of land around Kho Lam has been taking place since 1996-1998, when the Burma Army carried out a massive scorched earth program in central and southern Shan State, to crush the newly reformed Shan State Army (now the Restoration Council of Shan State/Shan State Army – RCSS/SSA). The entire eastern half of Namzarng township was forcibly depopulated, with about 40,000 villagers driven at gunpoint into two main relocation sites on the main road, one of which was Kho Lam.
Thousands of villagers were driven into squalid makeshift camps around Kho Lam, where scores died – of disease and hunger, or killed by Burma Army troops when they tried to sneak back home to find food. Many fled to Thailand for survival, where they remain until today.
Since that time, the Burma Army began seizing thousands of acres of land to set up military bases around Kho Lam, due to its strategic location at a crossroads linking all parts of Shan State. In 2010, the Eastern Central Command was established in Kho Lam – the newest of the 14 Regional Commands in Burma, and the fourth in Shan State — overseeing 26 infantry battalions, tasked with occupying and controlling the same resource-rich areas of central and southern Shan State forcibly depopulated over 20 years ago.
Despite existing ceasefires, troops from the Eastern Central Regional Command have continued aggression against ethnic resistance forces, attacking RCSS/SSA camps and shelling IDP areas along the Thai border. They have also deliberately obstructed activities under the peace process: blocking community dialogues organised by the RCSS/SSA, blocking passage to attend peace meetings, and, most recently, blocking RCSS/SSA from carrying out Covid-19 prevention activities in villages.
This latest seizure of ethnic lands for military expansion is just another example of the Burma Army’s insincerity towards the peace process, and their contempt for the rights of local civilians.
We strongly condemn the Burma Army’s continued military expansion and land grabbing throughout the country, and demand that the unjust charges against these 47 farmers in Kho Lam be dropped immediately, and they be allowed to continue cultivating their lands without threats and harassment.
Details of the case against the 47 farmers in Kho Lam
The Burma Army first threatened to sue the farmers in August 2019. An officer from IB 66 called Captain Nyan Lin Htun called the farmers to the General Administration Department (GAD) office in Namzarng town on August 12, 2019, and asked them to sign documents that they were using land belonging to the military. However, the farmers refused to sign, as this would mean giving up their own claims to the land. Two of the farmers have 105 land title documents, but these are not being recognized by the military.
In August 2019, the military started putting up signs at the land, stating that it belonged to the army.
The farmers were called again several times to the Namzarng GAD office to sign that the land belonged to the military: on September 23, October 27, and December 17, 2019. Each time they refused to sign, and carried on cultivating their lands.
On December 20, 2019, seven of the farmers were called to the police station in Kho Lam and informed that they were being charged by the military. On subsequent days, the rest of the farmers were called to the police station in groups of ten, and informed they were being charged.
The farmers did not stop cultivating their lands. On December 28, 2019, and again on March 10, 2020, the military posted further signs on the lands, saying it belonged to the army. They also sent about five soldiers to the farmlands, to warn the farmers not to work there.
The farmers, however, continued to cultivate their lands.
Finally, on June 9, 2020, the 47 farmers were summoned to Namzarng Court, and were informed that they were being charged by IB 66 for trespassing on military-owned land under Article 447 of the Penal Code. Some local community leaders provided guarantees for the farmers, so they were not detained. However, since then, the farmers have been forced to go and report themselves frequently at the court: on June 18, June 24, June 29, and July 10. Each time, the farmers have to waste a whole day travelling by truck to and from the court in Namzarng, which is about one hour’s drive from Kho Lam.
The farmers are seeking ways to fight the case, and to keep their lands.
List of farmers being charged
(in Kho Lam town)
Contact:
Sai Hor Hseng +66 94-728-6696 (Shan, English)
Sai Yord Leun +66: 97-173-1530 (Shan, Burmese)
PDF files: >>> Shan| Burmese| English
https://www.shanhumanrights.org
The Network for Human Rights Documentation-Burma Calls for Accountability in Ta’ang Rape Case
/in Press Releases and StatementsThe Network for Human Rights Documentation-Burma Calls for Accountability in
Ta’ang Rape Case
For Immediate Release
20 July 2020: On 17 June 2020, the Network for Human Rights Documentation Burma (ND-Burma) was made aware by Ta’ang civil society organizations that a young girl from northern Shan state was sexually exploited and assaulted by the Restoration Council of Shan State (RCSS-SSA). ND-Burma condemns this violation of rights and urges all armed organizations to respect the lives and property of civilians.
There has been an increased military presence in northern Shan state over the last two months as the Burma Army expands their troops. This has contributed to unrest and instability, which has left many villagers fearful and concerned for their safety. The survivor of the attack said the perpetrator is Sai Aike Pan from the RCSS-SSA.
Ta’ang and Shan civil society organizations who are seeking truth and justice for the survivor are experiencing problems negotiating with the RCSS-SSA, including unsuccessful attempts to meet with them. The RCSS has denied an interview with the She Phee Myay news agency, the first media group to report on this incident. The civil society organizations involved, as well as the victim and her family have all received threats by RCSS-SSA.
We do not accept the lack of accountability from a human rights or rule of law perspective. The RCSS-SSA is a signatory to the Nationwide Ceasefire Agreement and in November 2019, signed the Geneva Call’s Deed of Commitment, which calls for protecting children in armed conflict, committing to prohibit the use of children in hostilities[1]. However, this case shows that civilians are targeted by the both armed organizations during the fighting between the Burma Army and Ethnic Armed Organizations (EAOs). These types of abuses are not only taking place in Shan state but in all areas where there is active armed conflict. Unresolved incidents in ethnic areas can lead to an increase in ethnic tensions, which would have longer lasting impacts on the national reconciliation and peace process in Burma. Ignoring cases of human rights abuses puts the safety of civilians at an increased risk of these crimes taking place again.
Further, ND-Burma calls for respect for human rights to be upheld. Human rights violations against civilians must be investigated and those responsible tried and be held accountable for their crimes. All the armed organizations, including the Burma Army and EAOs must respect, promote and practice human rights norms in line with international standards.
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Lway Poe Jay
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[1] https://www.genevacall.org/the-restoration-council-of-shan-state-signs-geneva-calls-deed-of-commitment-for-the-protection-of-children-from-the-effects-of-armed-conflict/?fbclid=IwAR3I4P1ZHn8gUxSM5T_d0loizFdj8HoFxQU3boXpaFPdV2XkJw_gKwRngRg
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Submission to the United Nations Universal Periodic Review Thirty-Seventh Session of the Working Group
/in ND-Burma's Reports, Periodic ReportExecutive Summary
This submission by the Network for Human Rights Documentation Burma (ND-Burma) addresses the peace process and armed conflict in Myanmar. Using case-studies from our reports and briefing papers with documentation supported by our members, the sections provide situational context to the security concerns expressed by civilians and civil-society.
The human rights situation in Myanmar has deteriorated under the current quasi-civilian government 2 led by the National League for Democracy (NLD). State Counsellor, Daw Aung San Suu Kyi maintains favorable status among the Bamar majority, though ethnic civilians have distanced their loyalty as she has stood by the military against the backdrop of violations.
The Nationwide Ceasefire Agreement (NCA) has been signed by ten ethnic armed organizations (EAOs). It was agreed upon by the majority of the parties in 2015, with the process being initiated by the former military government in 2011. Despite the intentions of the NCA to halt military operations between the Myanmar Army and EAOs, clashes continue.
Approximately 21 EAOs have been engaged in the NCA process through formal and informal capacities. The EAOs who have decided to not participate chose to become affiliated with the 16-member National Ceasefire Coordination Team, which was established in 2013 and is considered the main organization in peace negotiations with the government. When the NLD took the office, they established National Reconciliation and Peace Center (NRPC) and Union Peace Dialogue Joint Committee, which is under the NRPC and includes government, parliament, the Myanmar Army, EAOs (signatories) and representatives from successful parties in the election.
It has become clear that despite the declaration of unilateral ceasefires agreements in conflict-affected northern Myanmar, these commitments are not sincere as the Myanmar Army continues to wage war.
According to ND-Burma’s documentation, the main human rights abuses civilians suffered from were indiscriminate gunfire, shelling and aerial bombardments, torture leading to deaths and injuries; extrajudicial killings; injuries and deaths due to landmines; inhumane and degrading treatment; arbitrary arrest, detention, forced disappearance; rape and sexual violence.
Our submission concludes that the Myanmar Army continues to use strategic military tactics designed to intimidate and isolate villagers to prolong the civil war, rather than seek peaceful alternatives to conflict.
Press Release: IDP Communities Struggling to Survive as COVID-19 Restrictions and Quarantine Measures Causing Destitution in Southeastern Burma/Myanmar
/in Member statementsHuman Rights Foundation of Monland
For Immediate Release
HURFOM, 15 July 2020: Internally Displaced Persons (IDPs) in remote communities in southeast Burma/Myanmar are struggling to survive. COVID-19-related restrictions on the freedom of movement in these areas—often under the administration of multiple ethnic armed organizations (EAOs)—make it almost impossible for villagers to access livelihoods, generating looming food shortages, exacerbated by the start of the rainy season. In response to these issues, HURFOM is publishing: “Left Behind and Destitute: How IDP Communities in Southern Burma/Myanmar Are Struggling to Survive during COVID–19” (English / Burmese).
d“Most of us have been moving into a situation of destitution. Yes, the situation is one of moving from poverty into destitution, and this virus [COVID–19] has made us increasingly isolated by the lockdown,” said 44-year-old Nai San Oo. “New regulations and rules make it very hard to access our jobs; we cannot afford to feed our families. Now that some restrictions are lifted, it is already too late, and the rainy season has begun. We did not have a chance to work to collect and store foods during the dry season.”
Like much of the rest of the world, movement restrictions aimed at curbing the spread of the virus have had severe economic consequences for Burma/Myanmar. On 28 April 2020, the Union Government launched its COVID-19 Economic Relief Plan, intended to alleviate the economic fallout caused by the pandemic. Among its seven goals and 76 actions, includes mitigation strategies aimed at the household level, including cash transfers to the most vulnerable and in need, including IDPs. Aung San Suu Kyi praised the plan, claiming it left no one behind. However, our data shows that some remote IDP communities are being left behind and in danger of experiencing severe food shortages.
“It is hard for me to say ‘NO’ when my children come and ask for more food,” said mother of three, Mi San San Aye. “I know that we cannot feed them enough. This is the hardest time for me during these lockdown periods. My husband left me…about 2 years ago, and I tried to survive on my own, collecting tall grasses and working in the rubber plantation.”
Compounding these issues are the large numbers of returning migrants from foreign countries, themselves out of work due to stringent government restrictions enacted to curb the spread of COVID-19 and which are placing enormous pressure on communities in Mon and Karen states. Already stretched thin as they grapple with their own government’s orders restricting citizens’ movements and thus their ability to work and generate an income, these IDP communities are now faced with an increasing number of returning migrant workers who they must also support.
According to Nai Shwe Win, an activist in Mae Ga Row village, Kyaikmayaw Township, “The government gave nothing but instructions. There was no practical support. Nearly all villages in Kyaikmayaw Township has difficulty taking care of the returnees and their health. The organization donated a thermometer and another Mon organization supported us with hand sanitizer, masks, and brochures. I saw that my village followed the government’s instructions well, even though there was no support from them [government]. I want to request the government to support people with equipment and material in order to allow them to be able to follow the government’s instruction.”
The full report can be found below:
“Left Behind and Destitute: How IDP Communities in Southern Burma/Myanmar Are Struggling to Survive during COVID–19” (English / Burmese).
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