PEACE NEVER CAME

SYSTEMATIC WAR CRIMES AND HUMAN RIGHTS VIOLATIONS PERPETRATED BY THE TATMADAW IN TA’ANG AREAS OF NORTHERN SHAN STATE April 2016 to December 2019

We would like to express special thanks to all the victims and the communities who contributed their voices and evidence for the report by sharing their testimonies, and for giving their time and energy to inform this report. We would like to thank all the individuals and organizations who assisted us with valuable input in the process of producing the “Peace Never Came” report, including friends who drew maps for the report and layout and also the Ta‟ang people as a whole for generously helping us access grassroots areas which provided us with invaluable information for this report.

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Myanmar Mechanism calls for continued support of international community in the accountability efforts

Myanmar Mechanism calls for continued support of international community in the accountability efforts
Geneva, 14 September 2020 – In his second annual report to the United Nations Human Rights Council, the Head of the Independent Investigative Mechanism for Myanmar (Mechanism) outlined the significant progress that the Mechanism has made in its first full year of existence and repeated his call on Member States to continue supporting the Mechanism’s mission.
“We understand the deep importance of accountability for victims of crimes in Myanmar,” Nicholas Koumjian said. “We are committed to fulfil our role in this process, but we cannot do this alone. We need the continued support of all parts of the international community, in particular Member States in the region, in order for the Mechanism to fully achieve the purpose for which it was created.”
While the Mechanism has been able to use innovations and technology to engage with relevant stakeholders and collect evidence, it also continues to reach out to the Government of Myanmar to seek access to relevant information. By conducting its evidence collection efforts objectively and professionally, the Mechanism hopes to convince all that only those responsible for crimes have anything to fear from the Mechanism.
Mr. Koumjian highlighted that the mandate of the Mechanism is ongoing. “[…] we are closely following events in Myanmar and reports of violence that might qualify as war crimes and crimes against humanity,” he said. “We are watching and those perpetrating violence should know that evidence is being recorded and preserved.”
The statement referenced resolution 43/26 of 22 June 2020, in which the Human Rights Council called for close and timely cooperation between the Mechanism and any future investigations by national, regional or international courts, including by the International Criminal Court and the International Court of Justice. Mr. Koumjian reported that, in response to requests, the Mechanism has been sharing appropriate information with The Gambia and Myanmar, Parties to the ongoing proceedings before the International Court of Justice.
Mr. Koumjian outlined the progress made by the Mechanism since its last report, in circumstances marked by the global COVID-19 pandemic. This included building a team and infrastructure capable of implementing the challenging mandate that the Mechanism has been given – to collect, preserve and analyse evidence relating to the most serious international crimes and violations of international law committed in Myanmar since 2011 and to build case files that address individual criminal responsibility.
In addition to this, the Mechanism has made public outreach a priority to promote greater understanding of the complex work of the Mechanism, and to raise awareness of the Mechanism’s accountability mandate with the aim of deterring perpetrators from committing new crimes.
Mr. Koumjian concluded his statement by assuring stakeholders of the Mechanism’s commitment to fulfilling its role in accountability processes for crimes committed in Myanmar.
“Perhaps my most memorable moment with the Mechanism was meeting with victims and community representatives in Cox’s Bazar last November. They told me how their families were affected by the violence they experienced and of their desire for justice,” said Mr. Koumjian. “They all stated that they wanted to return to their homes but only once it was safe to do so. I believe an essential step to a safe and voluntary return of refugees is an end to impunity for those responsible for violence.”
Read the full statement here: https://iimm.un.org/?p=1915
The presentation of the report will be followed by an interactive dialogue with States and civil society.

Human Rights Situation Report by The Network for Human Rights Documentation-Burma Reveals Systematic, Widespread Abuses with Institutionalized Impunity

Human Rights Situation Report by The Network for Human Rights Documentation-Burma
Reveals Systematic, Widespread Abuses with Institutionalized Impunity

For Immediate Release

15 September 2020: The latest situation report by the Network for Human Rights Documentation-Burma (ND-Burma) reveals a steady increase of human rights violations against the backdrop of the COVID-19 pandemic and active conflict. During the reporting period of January to June 2020, ND-Burma recorded 401 cases and 446 human rights violations across six states and one region including Rakhine, Chin, Mon, Karen, Kachin, Shan states and Tanintharyi region. Clashes overwhelmingly took place in Chin, Rakhine and northern Shan states with frequent skirmishes in Karen, Mon and Kachin states.

ND-Burma member organizations also observed a continued pattern of refuted accountability, despite mounting evidence of crimes against humanity and war crimes by the main perpetrator – the Burma Army. Our members have taken exceptional risks in their documentation in their efforts to hold perpetrators of human rights violations liable in our joint pursuits for justice. Drawing on evidence from member data and situational analysis, ND-Burma has concluded that armed conflict has perpetuated a dangerous cycle of rampant abuses for civilians across the country.

Among our key findings, ND-Burma member organizations observed 1047 victims of human rights abuses. The majority of civilians were impacted by killings, arbitrary arrest and detainment, forced displacement and torture with northern Shan, Rakhine and Chin experiencing the most clashes. These abuses were all exacerbated by an unstable security situation. Violations took place in ceasefire areas, despite agreements made between armed groups and the Burma Army.

ND-Burma members also documented cases showing how the Burma Army continues to systematically target civilians through ‘divide and rule’ tactics including the four cuts strategy which seeks to deprive groups of food, funds, recruits and information. Military blockages of humanitarian aid delayed emergency response efforts in conflict areas, which was of exceptional concern for Internally Displaced Persons (IDPs). Further, there continues to be a shrinking space for journalists who are working in a heavily censored environment.

ND-Burma renews our calls for accountability and justice for the many grave human rights abuses that have been committed. If the process of national reconciliation is to be taken seriously, all stakeholders must commit to ceasefires by making them inclusive and engaging in a dialogue that considers the needs of those impacted by conflict. Decades of civil war have resulted in forced displacement and a lack of trust by communities impacted by the worst of the violence. Reparations and accountability are long overdue – indeed, the people of Burma deserve justice.

Media Contact

Ko Ting Oo, All Arakan Students’ and Youths’ Congress

Ph No: + 66 81 595 6138, 95 9 891 424 201

Lway Poe Jay, Ta’ang Students and Youth Union

Ph No: +09 264 162 229

_______

ND-Burma is a network that consists of 13-member organisations who represent a range of ethnic nationalities, women and former political prisoners. ND-Burma member organisations have been documenting human rights abuses and fighting for justice for victims since 2004. The network consists of nine Full Members and four Affiliate Members as follows. 

Full Members:

  1. All Arakan Students’ and Youths’ Congress 
  2. Assistance Association for Political Prisoners
  3. Association Human Rights Defenders and Promoters 
  4. Future Light Center 
  5. Human Rights Foundation of Monland
  6. Kachin Women’s Association – Thailand
  7. Ta’ang Women’s Organization
  8. Ta’ang Students and Youth Union
  9. Tavoyan Women’s Union       

 Affiliate Members:

  1. Chin Human Rights Organization
  2. East Bago – Former Political Prisoners Network
  3. Pa-O Youth Organization
  4. Progressive Voice

 

An Overview of the Human Rights Situation in Burma (January to June 2020)

ND-Burma is extremely grateful to all interviewees for their courage in speaking the truth.

ND-Burma is also grateful to its member organisations and their fieldworkers who continue to gather invaluable testimonies at their own great personal risk.

This report would not be possible without the work of ND-Burma members and their coordinated efforts to collect evidence of human rights abuses at the expense of their safety and security. We are reminded through the voices of civilians in this report that there is still a long way to go for peace in Burma, but are nonetheless motivated by their resilience to continue to speak truth to power against forces undermining prospects for change.

We would like to express our most sincere gratitude to our supporters and institutions who have offered their unwavering support to ensure that this report was made possible.

 

UNICEF Myanmar Statement on the killing and injury of children in Myebon, Rakhine State

YANGON 10 September 2020 – UNICEF Myanmar expresses deep sorrow over the deaths of two children and the injury of another child on Tuesday following an artillery fire in Myebon, Rakhine State. UNICEF is deeply concerned about the alarming increase of reports of killings and injuries of children, as a result of intensified fighting between the Myanmar Army and the Arakan Army in the conflict-affected areas of Rakhine State and southern Chin.

Children should never be targeted during armed conflicts. They are being killed in crossfire between parties to the conflict or even deliberately shot. They are being killed and maimed by landmines and explosive remnants of war in different parts of the country. Their education is being hampered by attacks against schools and the use of schools by parties to the conflict.

With the disruption of services including schools, that encompass much of their daily routine, children in Rakhine already feel the heavy weight of a stressful life in a conflict-affected area. Their safety and their rights must be a primary consideration in Myanmar, and for all adults who have influence over children’s lives. UNICEF strongly urges all parties to protect children at all times and keep them out of harm’s way.

As the country tackles the resurgence of COVID-19, UNICEF urges all parties to the conflict to intensify efforts to ensure civilians, including children affected by the pandemic and the protracted conflict, continue to have access to humanitarian assistance and services by exercising maximum restraint in the use of force against civilians.

UNICEF

‘Kill All You See’: In a First, Myanmar Soldiers Tell of Rohingya Slaughter

The two soldiers confess their crimes in a monotone, a few blinks of the eye their only betrayal of emotion: executions, mass burials, village obliterations and rape.

The August 2017 order from his commanding officer was clear, Pvt. Myo Win Tun said in video testimony. “Shoot all you see and all you hear.”

He said he obeyed, taking part in the massacre of 30 Rohingya Muslims and burying them in a mass grave near a cell tower and a military base.

Around the same time, in a neighboring township, Pvt. Zaw Naing Tun said he and his comrades in another battalion followed a nearly identical directive from his superior: “Kill all you see, whether children or adults.”

ImagePvt. Myo Win Tun and Pvt. Zaw Naing Tun are the first members of Myanmar’s military to openly confess to taking part in what United Nations officials say was a genocidal campaign against the country’s Rohingya Muslim minority.

“We wiped out about 20 villages,” Private Zaw Naing Tun said, adding that he, too, dumped bodies in a mass grave.

The two soldiers’ video testimony, recorded by a rebel militia, is the first time that members of the Tatmadaw, as Myanmar’s military is known, have openly confessed to taking part in what United Nations officials say was a genocidal campaign against the country’s Rohingya Muslim minority.

Image

Rohingya refugees from Myanmar in Bangladesh in August 2017. Many had fled the area of Taung Bazar, where Pvt. Myo Win Tun has confessed to taking part in atrocities. 
Credit…Adam Dean for The New York Times

On Monday, the two men, who fled Myanmar last month, were transported to The Hague, where the International Criminal Court has opened a case examining whether Tatmadaw leaders committed large-scale crimes against the Rohingya.

The atrocities described by the two men echo evidence of serious human rights abuses gathered from among the more than one million Rohingya refugees now sheltering in neighboring Bangladesh. What distinguishes their testimony is that it comes from perpetrators, not victims.

“This is a monumental moment for Rohingya and the people of Myanmar in their ongoing struggle for justice,” said Matthew Smith, chief executive officer at Fortify Rights, a human rights watchdog. “These men could be the first perpetrators from Myanmar tried at the I.C.C., and the first insider witnesses in the custody of the court.”

The New York Times cannot independently confirm that the two soldiers committed the crimes to which they confessed. But details in their narratives conform to descriptions provided by dozens of witnesses and observers, including Rohingya refugees, Rakhine residents, Tatmadaw soldiers and local politicians.

And multiple villagers independently confirmed the whereabouts of mass graves that the soldiers provided in their testimony — evidence that will be seized on in investigations at the International Criminal Court and other legal proceedings. The Myanmar government has repeatedly denied that such sites exist across the region.

The crimes that the soldiers say were carried out by their infantry battalions and other security forces — some 150 civilians killed and dozens of villages destroyed — are just a part of Myanmar’s long campaign against the Rohingya. And they portray a concerted, calculated operation to exterminate a single ethnic minority group, the issue at the heart of ongoing genocide cases.

The massacres of Rohingya that culminated in 2017 catalyzed one of the fastest flights of refugees anywhere in the world. Within weeks, three-quarters of a million stateless people were uprooted from their homes in Myanmar’s western Rakhine State, as security forces attacked their villages with rifles, machetes and flamethrowers.

Image

Rohingya refugees at a camp near Amtoli, Bangladesh, in August 2017. 
Credit…Adam Dean for The New York Times

Old men were decapitated, and young girls were raped, their head scarves torn off to use as blindfolds, witnesses and survivors said. Doctors Without Borders estimated that at least 6,700 Rohingya, including 730 children, suffered violent deaths from late August to late September 2017. Roughly 200 Rohingya settlements were completely razed from 2017 to 2019, the United Nations said.

In a report published last year, a fact-finding mission for the United Nations Human Rights Council said “there is a serious risk that genocidal actions may occur or recur and that Myanmar is failing in its obligation to prevent genocide, to investigate genocide and to enact effective legislation criminalizing and punishing genocide.”

The Myanmar government has denied any orchestrated campaign against the Rohingya. Last December, Daw Aung San Suu Kyi, the nation’s civilian leader, defended Myanmar against charges of genocide in another case, this one at the International Court of Justice in The Hague. A Nobel Peace Prize laureate, Ms. Aung San Suu Kyi has seen her legacy tarnished by her support for the military and her refusal to vocally condemn the persecution of the Rohingya.

Only a few Tatmadaw soldiers have been punished, with brief prison terms, for what the military says were isolated missteps in a couple of villages.

Although the Rohingya are from Rakhine State in Myanmar, the country’s government claims that they are foreign interlopers. Myanmar officials have suggested that the Rohingya burned down their own villages to garner international sympathy.

The two soldiers’ accounts shatter that official narrative.

It is not clear what will happen to the two men, who are not under arrest but were effectively placed in the custody of the International Criminal Court on Monday. They could provide testimony in court proceedings and be put in witness protection. They could be tried. The court’s office of the prosecutor refused to publicly comment on an ongoing case, but two people familiar with the investigations said that the men had already been questioned extensively by court officials in recent weeks.

Image

Rohingya refugees in September 2017 after crossing into Bangladesh. Villages are burning in the background. 
Credit…Adam Dean for The New York Times

The International Criminal Court normally pursues prosecutions of high-level figures accused of grave offenses such as genocide or crimes against humanity, not rank-and-file soldiers.

Payam Akhavan, a Canadian lawyer who is representing Bangladesh in a filing against Myanmar at the International Criminal Court, would not comment on the identities of the two men. But he called for accountability to prevent further atrocities against the 600,000 Rohingya who remain in Myanmar.

“Impunity is not an option,” Mr. Akhavan said. “Some justice is better than no justice at all.”

The soldiers’ accounts will also add weight to the separate case at the International Court of Justice, where Myanmar is being accused of trying to “destroy the Rohingya as a group, in whole or in part, by the use of mass murder, rape and other forms of sexual violence, as well as the systematic destruction by fire of their villages.”

That case was filed last year by Gambia on behalf of the 57-nation Organization of Islamic Cooperation. Last week, the Netherlands and Canada announced that they would provide legal support to the effort to hold Myanmar accountable for genocide, calling it a matter “of concern to all of humanity.”

Image

A refugee camp near Cox’s Bazar, Bangladesh, in November 2017. More than a million Rohingya have taken refuge in Bangladesh.
Credit…Adam Dean for The New York Times

In August 2017, the 353 and 565 Light Infantry Battalions conducted “clearance operations” in the areas where the men said they did, Buthidaung and Maungdaw Townships. Commanding officers whom Private Myo Win Tun said ordered him to wipe out the Rohingya — Col. Than Htike, Capt. Tun Tun and Sgt. Aung San Oo — were operational there at the time, according to fellow soldiers.

There is a cell tower close to the 552 Light Infantry Battalion base, on the outskirts of Taung Bazar town, near where Private Myo Win Tun said he helped dig a mass grave. The base is well known in the area because it, along with two dozen border guard posts, was attacked by Rohingya insurgents on Aug. 25, 2017, galvanizing the brutal military operations against Rohingya civilians.

Rohingya refugees who lived in a village adjacent to the 552 encampment said they recognized Private Myo Win Tun. They described in precise detail the locations of two mass graves in that area. Residents still in the region, who spoke with The Times, also said they knew of mass burial sites near the military encampment.

NORTH

552 Light Infantry

Battalion base

Location of mass grave

confirmed by villagers

Cell tower

Thin Ga Net village

Location of another mass grave

confirmed by villagers

By Jin Wu/The New York Times·Satellite image by Maxar Technologies, taken on September 25, 2017.

Basha Miya, who is now a refugee in Bangladesh, said his grandmother was buried in one of the mass graves by the base, along with at least 16 others from the neighboring village of Thin Ga Net, known in the Rohingya language as Phirkhali.

“When I remember her, I just cry,” he said. “I feel bad that I couldn’t give her a proper funeral.”

After soldiers dumped the bodies in two graves by the banks of canals, they brought in bulldozers to cover the corpses, eyewitnesses said. Private Myo Win Tun said he and others buried eight women, seven children and 15 men in one grave.

Thin Ga Net village was wiped from the map by fire. Today, only a couple of water reservoirs hint that a bustling Rohingya village once stood there.

Thin Ga Net village

May 23, 2017

Burned Rohingya villages

Location of mass grave

confirmed by villagers

552 Light Infantry

Battalion base

Sept. 25, 2017

By Jin Wu/The New York Times·Satellite images by Maxar Technologies

As they marauded through the villages around Taung Bazar, Private Myo Win Tun, 33, seems to have lost track of how many Rohingya he and his battalion killed. Was it 60 or 70? Maybe more?

“We indiscriminately shot at everybody,” he said in video testimony. “We shot the Muslim men in the foreheads and kicked the bodies into the hole.”

He also raped a woman, he said.

Private Zaw Naing Tun, a former Buddhist monk, admits to a similar fog, as his battalion’s killing of some 80 Rohingya stretched from hours into days. The soldier said he and other members of his battalion stormed through 20 villages in Maungdaw Township, including Doe Tan, Ngan Chaung, Kyet Yoe Pyin, Zin Paing Nyar and U Shey Kya.

Some of these villages were burned to the ground. Bashir Ahmed said that Tatmadaw battalions entered his hometown, Zin Paing Nyar, early on Aug. 26, 2017.

Zin Paing Nyar village

Feb. 15, 2017

Burned

Rohingya

villages

Nov. 26, 2017

Satellite image by Maxar Technologies

Doe Tan village

May 23, 2017

Burned

Rohingya

villages

Jan. 9, 2018

Satellite image by Maxar Technologies

“They opened fire whenever they found someone in front of them,” he said. “They burned our houses. Nothing is left.”

More than 30 residents were killed in Zin Paing Nyar, according to survivors’ testimony.

Private Zaw Naing Tun, 30, said that he and four other members of his battalion shot dead seven Rohingya in Zin Paing Nyar. They captured 10 unarmed men, tied them with ropes, killed them and buried them in a mass grave north of the village, he said in the video testimony.

There are some discrepancies between the soldiers’ accounts and those of Rohingya villagers. Private Myo Win Tun described the cell tower as being east of the 552 base when it is, in fact, southwest.

Image

Credit…Adam Dean for The New York Times

But most of the other details are corroborated by statements from witnesses and survivors. In Ngan Chaung village, part of which was spared destruction, five or six soldiers from Light Infantry Battalion 353 arrived one afternoon in late August 2017 and singled out five women for rape, said a resident who still lives in the hamlet. The women’s husbands were later killed, he and other residents said.

Private Zaw Naing Tun said he didn’t commit sexual violence because he was too low-ranking to participate. Instead, he stood sentry as others raped Rohingya women, he said.

Both of the soldiers who admitted to killing Rohingya are themselves members of ethnic minorities in a country where persecution of such groups is institutionalized.

Earlier this year, the pair ended up in the custody of the Arakan Army, an ethnic Rakhine militia currently fighting the Tatmadaw, which recorded their video confessions. Both men said they deserted from the Tatmadaw.

Desertion is a particular problem in ethnic minority conflict zones, military insiders say. About 60 soldiers are believed to have gone A.W.O.L. from Light Infantry Battalion 565.

“I was racially discriminated against,” Private Myo Win Tun, a member of the Shanni ethnic group, said in his video testimony, in a rare burst of feeling.

Later, he would describe, in a flat voice, how his commanding officer, Colonel Than Htike, had instructed the battalion to “exterminate” the Rohingya.

“I was involved in the killing of 30 Muslim innocent men, women and children buried in one grave,” he said, as he stoically faced the camera.

NYTimes