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.
Recent Posts
- 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
Woman Recovering in Hospital after Stepping on Landmine in Paletwa Township
/in NewsMa Khin Lone, a woman from Nga Shar village in Paletwa Township is undergoing treatment for injuries she sustained after stepping on a landmine on 17th Jan. The incident took place just 10 days after her mother, Daw Hawih Tin received similar injuries from a landmine explosion.
In a separate incident, ten days earlier on 7th Jan, the victim’s mother, Daw Hawih Tin sustained an injury to her right leg and face when a landmine exploded under her feet while searching for food in the forest close to her village. She was taken to Paletwa Hospital but was later transferred to a civil hospital in Sittwe, Rakhine State, as her injuries were too serious to be treated at the hospital in Paletwa.
“The family is facing serious financial difficulty since they rely on subsistence farming for their livelihood. The mother’s treatment and hospital costs were supported by funds raised from private donations,” said a Paletwa Town resident who agreed to speak to CHRO.
Arakan Army (AA) Tortures 3 Civilians in Paletwa Township
/in NewsOn 8th Jan 2020 members of the Arakan Army (AA) tortured three members of a Chin family, including two women from Kyee Lay village in Paletwa Township, having accused the family of providing information to the Tatmadaw.
The AA soldiers entered the village of Kyee Lay at approx. 3 p.m. and arrested two sisters, Ma Kyawk Sein (25) and Ma Khin Toe (22). They tied the two women to a tree in the middle of the village and began beating them with bamboo.
Their father, U Maung Kyi (47) had been accused by the AA of supplying information to the Tatmadaw. Having been made aware of this accusation, U Maung Kyi had fled the village in order to hide. In his absence, the AA arrested his two daughters at their home. According to eyewitnesses the AA tied the girls’ necks and hands to a tree in the middle of the village and began beating them with bamboo sticks.
Upon hearing the news U Maung Kyi came back to the village and gave himself up to the AA soldiers. Ma Kyawk Sein and Ma Khin Toe were released at approx. 6 p.m. U Aung Kyi was subjected to the same treatment, kicked and beaten with bamboo until approx. 8 p.m. During the beating U Maung Kyi urinated himself.
On 12th Jan, U Maung Kyi and family members snuck out of the village to seek medical care in Paletwa Town. The AA had recently imposed a ban on villagers going in and out of the village as they had established a temporary outpost, about one mile away from the village. Kee Lay villagers, therefore, had been prevented from farming under suspicion they may inform Tatmadaw of their location.
According to sources, the AA had also tortured three other villagers on a previous occasion, having suspected them of providing information to the Tatmadaw. U Muang Kyi is now in Paletwa receiving treatment for injuries sustained during the ordeal. It is reported he fainted three times after being tortured. Once he felt strong enough the family made the decision to flee the village.
Sources informed CHRO that the AA had forced one person per family to carry supplies from the dock at the bank of the Kaladan River such as rice, cooking oil and beer up to the village and then to their temporary camp nearby.
Kyee Lay village which has approx. 240 households is located on the bank of Kaladan River approx. two hours boat ride north of Paletwa Town.
Seeking Justice in Burma (December 2019)
/in Justice NewslettersSummary Report:
2019 was a year of stalled and broken ceasefires against the backdrop of a faltering peace process that has failed to deliver on its much-touted promises. In place of formal talks this year were informal meetings intended to keep the momentum of peace building efforts present and engaged. Meanwhile, fighting remains active in many of Burma’s ethnic states where civilians are trapped in unsafe and unstable conditions at the expense of warfare between armed groups. Delays to the peace talks have been blamed on meetings being postponed and divisions between various ethnic armed organizations (EAOs). However, as the year came to a close, steps towards justice were made as a historical event took place in which a delegation traveled to The Hague to defend accusations of genocide.
Burma Defends Allegations of Genocide at The Hague In November 2019, The Gambia submitted a 46-page application to the International Court of Justice (ICJ), the United Nations highest court, on allegations that Burma had committed genocide in Rakhine State. The case has received different
responses in Burma as well as abroad. Daw Aung San Suu Kyi, State Counsellor and de-facto Head of State, led the delegation to defend Burma at the ICJ from 10 to 12 December. Some without question remain loyal to her leadership, while others have expressed disappointment in her moral authority.
Throughout the proceedings, Daw Aung Suu Kyi stood firmly as she declared that genocide, as defined by international law, did not take place anywhere in Burma. The situation she argued, is one of internal armed conflicts. Across 25-minutes in her opening remarks, she refuted the allegations by The Gambia and accused them of placing an ‘incomplete and misleading factual picture of the situation in Rakhine State.’ She also explained that perpetrators of human-rights abuses should be dealt with through domestic accountability mechanisms and in the case of war crimes committed by the military that justice should take place through military courts. Despite the rules and laws that the military has created- as noted by Prominent Myanmar lawyer U Thein Than Oo – these laws are rarely upheld and practised. In fact, it is through these very systems designed by the military, that soldiers have long been able to avoid accountability through impunity.
Domestically, several Shan, Karen, Kachin and Karenni human rights groups shared statements supporting The Gambia at the ICJ. Internationally, Canada and
the Netherlands also expressed their support and commitment to the legal efforts.Several Ethnic Armed Organizations also adopted various stances – some in support of ICJ, while others refuted international involvement in domestic affairs.
Supporters of Daw Aung San Suu Kyi traveled to The Hague in defense of the allegations of genocide where hundreds gathered to rally and offer moral support.
Many religious groups also embraced her through various sentiments of appreciation and solidarity, attributing her defense to ‘seek justice and truth – and
to pass on for posterity a civilized society with the values of humanity and a dignified state.’
Speaking to supporters directly at The Hague, Daw Aung San Suu Kyi said, “I don’t know any of you individually, but I could feel your love for me.” Upon returning to Nay Pyi Taw , she was met by a crowd of thousands supporting her. Unfortunately, the case has been a driving force of division, calling into question
loyalties to truth and justice and where the people of Burma place their hope in leadership.
Context: At the end of 2018, over 700 000 Rohingya fled Burma to Bangladesh in fear of government security forces and their clearance operations in northern Rakhine. This was a response to a series of attacks by the Arakan Rohingya Salvation Army. Despite overwhelming evidence conducted by the United Nations Fact-Finding Mission that documented rape and sexual violence, forced relocation and other harrowing human rights abuses deemed as ‘genocidal intent’ – the Burma government and military deny the accusations.
Additional Resources on the ICJ
This month’s hearings at the ICJ were historical, but to understand just how influential they were, several media outlets and justice organizations produced
helpful resources:
FACTBOX: The Genocide Case Against Myanmar at the UN’s Highest Court
By: The Irrawaddy
GAMBIA VERSUS MYANMAR: International Court of Justice Blues
By: Shan Herald Agency for News
New Fronts in The Fight for Justice
By: Frontier Myanmar
Violence Across the Country Intensifies as Civilians Suffer Consequences
Rakhine
Civilians forced to flee unstable conditions. Those caught in the cross-fire have been killed,
injured or displaced.
After military troops were deployed in Mrauk-U townships, where clashes between the Arakan Army and Burma Army injured a girl aged 13, two women aged 22 and 25, and two boys, ages 3 and 10. In the same township, a month-old girl, a 4-year-old boy and a 30-year-old woman died and a man and three other women were injured by indiscriminate shelling.
One of the women sustained severe injuries to her left leg and her right knee was
dislocated.
In a separate case, a nine year old boy walking home from school was killed by gunfire in Kyauktaw township by Burma Army troops who were temporarily stationed at a monastery. A family member commented on the devastating loss of life saying, ‘There were three soldiers shooting on the road. My nephew was hit when he was about to enter our home. He died in my hands. I am angry that the students were shot.”
In related incidents…
Two civilians including a toddler were killed and seven others were injured when an artillery shell hit a passenger vessel sailing in the Kaladan River. Between 4,000 and 6,000 local residents have fled from their homes to urban areas of Paletwa and some villages along the Kaladan River due to increased military tensions between the Myanmar military and the AA.
An artillery shell landed in Kalama Taung Village in Minbya Township at about 9 a.m. on 11 December, 10 villagers were injured and two out of the 10 received serious injuries. About 2,000 people live in that village and most villagers fled to safe havens.
The bodies of two young Chin people were found in Ann township with bullet-injuries. The two young victims, age 21 and 22 had traveled from their village by motorcycle to get food when they were shot suddenly.
Two farmers who went missing while working in their paddy fields were found buried in a hole together, with many injuries. It is suspected that the Burma Army is responsible, as they had soldiers in this area when the two went missing. Clashes on the same day also resulted in the death of a 49-year old woman after suffering head injuries by a bullet.
Four civilians were injured after clashes between the Burma Army and the Arakan Army. Civilian protection in the midst of frequent clashes must take precedent.
Several detained by AA as military tensions rise Following the death of a National League for Democracy (NLD) official in detention, military
tensions continue to increase. The NLD member was detained for his attempts to organize a rally supporting Aung San Suu Kyi’s appearance at the Hague for the ICJ hearing. He was killed mid-December by explosions, which sparked criticism that AA has failed to protect those in custody. In response, an AA spokesperson said that community is also at risk of attacks by the Burma Army. No one has taken responsibility for the death of the MP with the AA and Burma Army both accusing the other of the military strike.
The most recent abduction by the AA is the director of military-backed telecom operator Mytel along with his driver.
Ongoing violence in Rakhine State has experts estimating that as many as 100 000 people have been forcibly displaced by the clashes between the Burma Army
and Arakan Army over the last year.
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Shan State
Livelihoods threatened, security undermined by various armed actors The instability in Shan State has continued to escalate as calls from civilians for an end to
conflict are amplified in the media. The testimony of a young father who lost his wife and children from artillery shells exacerbates the toll the fighting is taking on innocent lives.
The 37-year old man recalled, ‘my life is meaningless – I feel unbearably sad.’ Similar sentiments were echoed by civilians who spoke out against lavish peace talk
meetings in Shan State while government stakeholders fail to uphold and maintain the security of the people. In fact, the situation remains far from safe with outbreaks of clashes frequently taking place in civilian areas -not military bases. In a desperate plea, one civilian in an interview with the Irrawaddy remarked, “I am always obsessed about the possibility of artillery shells falling on our village. In the middle of the night, I wake up with anxiety and I hear the sounds of shelling. We are humans—please spare us.”
The risk of the conflict taking more lives is a threat that saw over 40 civilians come to Kyaukme township from their village from fear of fighting between the Burma Army and the Ta’ang National Liberation Army (TNLA). One of the most recent casualties was a five- month old infant who died from cold temperatures when villagers were forced to flee in northern Shan. The shortage of blankets at the monastery where people sought safety resulted in not all families getting one. Having to flee often at a moment’s notice means that families also do not have time to grab necessary possessions. IDPs need food and warm
clothes as the cold season begins. Since last month, clashes between the Burma Army and the TNLA have seen nearly 1000 innocent people displaced.
Landmines also continue to pose a daily threat to civilians. Fears are only made worse by threats from EAOs who reportedly are expected to give the TNLA compensation for any exploded mine at the cost of approximately $330 USD – even if they are killed, or if their livestock is responsible for the mine detonation. A powerful short documentary by the Relief Action Network for IDPs and Refugees highlights the challenges that innocent civilians have been forced to endure from landmine injuries.
Profit Over People Development Model Undermines Security Safety Thousands of civilians displaced by conflict appealed to the Burma government to stop
planning investment projects on land which threatens to displace them further. In a group statement, the values that land brings to ethnic culture and preservation must be upheld and protected. Development projects in the area include mining, agriculture and logging concessions. These projects take place around civilian homes with no guarantee of compensation or integrated plan for their return.
Almost 17,000 IDPs have been forced to flee their homes in northern Shan State since fighting broke out in 2011 between the Burma Army and various EAOs including the TNLA and KIA.
Development projects in Shan State have long-sought to undermine people’s access to land.
An interview this month highlighted the gaps in the ‘public consultation’ for the China- backed Belt and Road initiative (BRI) that has formed a civil-society led watchdog group to monitor the activities of the BRI.
Mon State
At the end of November, the Burma Army seized a base from the Mon National Liberation
Army (MNLA) and subsequent fighting broke out between the groups, as well as the Karen
Border Guard Force. Since then, the Burma Army has withdrawn troops from the MNLA
base, but is still occupying one of the group outposts.
The fighting forced nearly 1000 ethnic Mon to Thailand where civilians sought safety and
refuge.
Freedom of Expression Continues to be Undermined
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Karenni Activists Released Following ‘Traitor’ Comments to State Minister The five-young Karenni activists who were arrested for calling the State Minister a traitor were released following six-months in prison. The brave young individuals were imprisoned for issuing a statement against the Kayah government for their support of a status of General Aung San in Loikaw. They were charged under the Law Protecting the Privacy and Security of Citizens.
In November, the state government appealed for a harsher punishment but was rejected by the Loikaw District Court at the end of December.
Kachin Activist, ‘Scale Paul,’ Released from Prison A Kachin activist who jailed for giving broken scales to judge in Myitkyina Township Court
as a symbol for the brokenness of the courts in Burma was released in December. He was initially sentenced to 16 days for his organising efforts marking the 8th anniversary of conflict in Kachin but upon giving the broken scales – his sentence was extended.
Speaking after he was released, he remarked, ‘Since our country is on its way towards democratization, we need to use freedom of expression as a human right. I will push more to amend the laws which bar freedom of expression.’ Lawyer Defending Peacock Generation Quits – claims no chance of achieving ‘real
justice.’ In an act of protest, the lead lawyer representing the thangyat group, who have been sentenced several times for satirical performances at the expense of the military, has withdrawn from the case in an act of protest. According to Assistance Association for Political Prisoners (Burma), the group decided to refuse to participate in Burma’s judicial system, as they do not deem it a legitimate judicial exercise.
Rape & Sexual Violence: High Profile Child-Rape ‘Victoria’ Case Continues
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Compromised Evidence in ‘Victoria’ Case to be Inspected
Following corrupted CCTV footage submitted by lawyers in the high-profile child rape case of ‘Victoria’ dubbed by social-media users, the court has announced that it will inspect the hard-disk to try to determine how video evidence was compromised. The case has been met with skepticism from the general public who have criticized the legal response.
Due to insufficient evidence and for the second time – the court acquitted Aung Gyi, the driver at the nursery where the rape took place. He has been long-alleged as the main perpetrator, despite the fact that his arrest has been controversial by those who suggest he is being used as a scape-goat. The police involved in the case were unhappy with the decision calling it ‘premature.’ Shortly after, the police revealed the name of the child and mother in the case during a public press conference. To make matters worse – the same day files and documents with evidence and witness names were uploaded to an official Facebook page. A half hour later, the post was removed. The lack of protocol is apparent as missteps to justice continue to undermine the seriousness of the case.
In a positive move forward, the Burma Government has announced it will conduct a survey of violence against women. The survey will provide additional data needed to advance and strengthen the delayed Protection and Prevention of Violence Against Women bill.
Unlawful Detainment
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When the wife of the Arakan Army Commander went to renew her visa with her young children, she did not expect to be detained. In a case that has received backlash from civil society, Thai immigration authorities held the wife and children of Arakan Army Commander. Despite tensions between the Arakan Army and Burma Army increasing, rights groups have been calling on Thai authorities to not deport her and her children citing that there is no proof of any of their involvement in the insurgency.
Several Ethnic Nationality Organizations have spoken out calling for the mother and children to be protected and not be deported. Since the appeal, the authorities have delayed the deportation, though legal action is expected to take place.
Violations of Property Rights
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Karenni Farmers Targeted in Land Grabs
In a sweeping series of land grabs, the Burma Army has prosecuted 10 more Karenni farmers on outlandish charges of trespassing. The farmers have been attempting to keep land unjustly seized by the Burma Army. The military has filed 60 lawsuits against 41
farmers since July 2019.
The farmers, with the support of rights groups, have said they have not done anything wrong and are looking to pursue legal action against the Burma Army.
Forced Recruitment
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Mothers Speak Up, Demand Release of Sons
Forced recruitment remains an underreported issue due to security risks. Two brave mothers are speaking up to demand the release of their sons aged 16 and 17 who were taken to be child soldiers. The two young boys should be released immediately.
Member Update
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Joint Report Calls for Reforms to MNHRC
A timely joint report released by affiliate ND-Burma member, Progressive Voice, alongside other members including KWAT, FLC, HURFOM, TWO, on much needed reforms to the Myanmar National Human Rights Commission (MNHRC) titled, ‘Myanmar: A Little Less Conversation, A Little More Action Please.’ The report provides critical feedback on the current MNHRC mandate and overall concludes that the rights body has failed to adequately respond to human rights violations.
An incident that reinforced the ineffectiveness of the MNHRC took place earlier this month when families appealed to the body for action following the death of two locals who were killed by the Burma Army in Arakan State.
“We cannot bring back the dead. But we made a complaint to get justice,” said U Aung Ba Thein, younger brother of the village administrator who was killed.
Read the report here.
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New Interactive Database Released to Access & Search Data on Current, Former & Fallen Political Prisoners
This database is a testament to the important work being done by our member, the Assistance Association for Political Prisoners (Burma). See the database here.
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Pressure to hold perpetrators of human rights violations accountable continues to take precedent as activists, civil-society organizations and international governments continue to lobby the Burmese military and government to act in good faith by cooperating with recommended transitional justice mechanisms.
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ND-Burma member, the All Arakan Students’ & Youths’ Congress, has released a new report on the Mrauk-U Massacre. The press release is available here and the report can be found on their website. Both are in Burmese. The Mrauk-U Massacre took place following a police crackdown in northern Rakhine, where seven people died in January 2018.
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35th Annual Networking Meeting
Our network held its 35th annual Network meeting which saw members come together to discuss strategic planning for the coming year. We thank you all for your continued solidarity to our work!
Our latest report calls for agency & accountability against perpetrators of human-rights violations in Burma with mass abuses taking place predominantly in Kachin, Shan & Rakhine states from January to June 2019.
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Reparations Working Group Meeting
ND-Burma members of the Reparations Working Group met with ethnic representatives of parliament on 8 December including the Pyithu Hluttaw Citizens’ Fundamental Rights Committee and MPs from Amyothar Hluttaw, the Citizen Rights, Democracy and Human
Rights Committee.
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The report is now available online.
Burmese: http://ow.ly/iOGw50wegfa English: http://ow.ly/OQXg50wegfw
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. Assistance Association for Political Prisoners – Burma
2. Human Rights Foundation of Monland
3. Kachin Women’s Association – Thailand
4. Ta’ang Women’s Organization
5. Ta’ang Students and Youth Union
6. Tavoyan Women’s Union
7. Association Human Rights Defenders and Promoters
8. All Arakan Students’ and Youths’ Congress
9. Future Light Center
Affiliate Members:
1. Chin Human Rights Organization
2. East Bago – Former Political Prisoners Network
3. Pa-O Youth Organization
4. Progressive Voice
Seeking Justice in Burma November 2019
/in Justice NewslettersSummary Report:
Important steps forward were made towards justice and accountability this month for human-rights violations committed by armed actors and security forces in Burma.
The Gambia submitted a case to the United Nations highest court, the International Court of Justice (ICJ), alleging Burma had violated the Geneva Convention. State Counsellor, Aung San Suu Kyi has declared she will lead the defense alongside the Burma Army in response to the charges that genocide was committed against Rohingya Muslims. Two Burma military officers will also join the Burma government’s Special Unit to the ICJ. A statement by the government on their position can be read here.
It was first reported that the ten signatories of the Nationwide Ceasefire Agreement (NCA) were in support of the move by the government to defend itself against the genocide accusations – however, the Karen National Union rejected this claim stating that it is not a ‘collective position.’
Argentina also named Aung San Suu Kyi in a case filed for crimes against the Rohingya Muslims. The continued denial of grave human-rights abuses against ethnic people, despite the many credible UN and local reports with evidence to suggest otherwise, has contributed to the ongoing decline of democratic values that the National League for Democracy (NLD) once so firmly promised to uphold.
Burma’s weak rule of law and long-time need for reforms led an NLD House Parliamentarian this month to question why so few criminals fear arrest. Burma’s lack of judiciary independence has undermined the efficiency of rule of law and led many –including criminals being tried, or awaiting trial, to not take the process seriously. Civilians meanwhile, especially journalists and activists, are finding spaces for freedom of expression increasingly inaccessible. Many of those arrested in the last several months have accused the judicial system of being unfair and biased and too often ruling in favour of the military’s interest.
Further examination of Burma’s current mechanisms to uphold transparency and accountability for human-rights violations are far from adequate, as was made clear in a new report by Saferworld titled, ‘Democratising Myanmar’s Security Sector.’ The report addresses the ‘struggle for democratic control of Burma’s security and justice sectors, especially the military, police, prisons, courts and intelligence services.’ The International Commission of Jurists also released a timely briefing paper calling for immediate reforms to strengthen the effectiveness of the Myanmar National Human Rights Commission.
Aung San Suu Kyi will personally lead a team to The Hague to “defend the national interest of Myanmar.”
Credit: (AFP) via Frontier Myanmar
Fighting in Rakhine and Shan States Indicative of An Ongoing Crisis of Displacement and Lack of Accountability
Rakhine
Viral Clip Shows Man Beaten, Killed by Armed Group
A disturbing clip of a man in civilian clothes shows him being beaten to death by a soldier in Rakhine State. No one has taken responsibility for the attack as the video does not show identification of the organization or armed group.
Lawmakers, Civilians Abducted by the Arakan Army (AA)
Several individuals including an Upper House ethnically Chin NLD Lawmaker, Hawi Tin, were abducted when traveling by boat in Rakhine State. One of the individuals died in custody of the armed group with the AA later releasing eight people, including the body of the deceased. The lawmaker, however, has not been freed, prompting a statement from ASEAN Parliamentarians for Human Rights and Amnesty International over fears of his safety and immediate, unconditional release.
Families Concerned Over Whereabouts of Abducted Civilians
Nearly a month after three civilians were abducted by the Burma Army, including a young Abbot, families remain concerned about their well-being having been given no information.
Remains of a Missing Villager Found
The remains of a civilian from Rathedaung township in Rakhine were found among burning ash. U Maung Thein Kyaw was one of the few residents who stayed in the village when security forces entered while many others fled.
Injury, Death Following Artillery Shelling
One civilian died and another was injured by heavy artillery shelling in Rakhine State, Rathedaung Township by the Burma Army during clashes with the Arakan Army.
Ongoing violence in Rakhine State has experts estimating that as many as 100 000 people have been forcibly displaced by the clashes between the Burma Army and Arakan Army over the last year.
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Shan State
Village Chairmen Shot Dead
Three northern Shan village heads were killed in Kyaukme by two unknown gunmen mid-afternoon in a restaurant. The attack prompted some to speculate the three were killed for seeking help from Shan community leaders to prevent the Shan EAO, the RCSS, from seizing recruits. The event has caused unrest and fear among civilians about who they speak to and what is said.
Civilians Wounded by Gunfire
Four civilians in Kutkai were injured in Shan State after being struck by bullets fired at a school teacher and his driver, as well as two motorcyclists amidst ongoing clashes between the TNLA and the Burma Army.
Civilian Injured, Property Damaged in Attack
A woman sustained non-life threatening injuries and houses and cars were destroyed after the TNLA launched an attack against the Burma Army in Lashio. TNLA denied responsibility. Locals remain in a ‘state of panic’ as a lack of accountability continues in ethnic areas.
Landmine Kills German Tourist
A foreigner from Germany was killed in Hsipaw, Shan State after driving over the landmine on a motorcycle. An Argentinian woman was also hospitalized.
Six Karenni youth give a press conference to the media on Nov. 7 after being sentenced to six months in jail by the Loikaw Township Court. The Irrawaddy, 7 November 2019
Freedom of Expression Undermined by Power of the Military
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Prominent Political Activists Sued by Military for Suggesting Amendments be Made to 2008-Constitution
A lawyer, poet and former Army Captain saw a case opened against them when they suggested charter amendments to the 2008-military drafted Constitution. According to the military – doing so ‘defamed’ the Army’s leadership. The controversial Article 505(a) of the Penal Code has been used to target activists and carries a two-year sentence for anyone convicted. Director of Athan, a group advocating freedom of expression, has noted an increase in the number of attempts by the military to sue activists. Since April, of 30 cases filed, 24 were filed directly by the Burma Army against 77 people.
Karenni Youth Face Prison Time under Article 8(d) of the Law Protecting the Privacy and Security of Citizens.
Six-Karenni activists who called the Kayah State Minister a traitor and political criminal for his justification of the controversial statue of General Aung San, were sentenced to six-months in prison. The activists maintained that the statue represents a symbol of ‘unfulfilled promises by the assassinated general at the Panglong Agreement of 1947.’
Shortly after the sentencing, the Kayah State government appealed to a higher court to see the six Karenni youth arrested have increased prison sentences. In response, one of the recently released Karenni activists said, “The chief minister is planning to keep us behind bars until after the 2020 election. It is totally unacceptable. He is oppressing us by holding grudges [for expressing opposition against him].”
The sentence reaffirms Burma’s failure to promote spaces for freedom of expression and tolerance for the desires of ethnic people.
Peacock Generation Members Sentenced Under Controversial Laws
Members have been sentenced under Section 66(d) of the Telecommunications Act for ‘online defamation’ and under Section 505(a) of the Penal Code for a satirical performance criticizing the authorities. In a statement addressing censorship and freedom of expression, Amnesty International called the charges ‘ludicrous.’
Peace Talks Expected to Resume Before end of Year Against Backdrop of Stalled Negotiations
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Burma’s human rights situation is rapidly deteriorating under the lens of mounting international scrutiny. Nonetheless, the government and EAOs who have signed the NCA are in talks to resume the Joint Ceasefire Implementation Committee Meeting – which would be observed as a sign that formal peace negotiations may be back on track soon. The talks have been postponed since November 2018.
Fighting between NCA signatories is active in Shan State, Karen State, Kachin State and most recently an outbreak of violence erupted in Mon State.
Justice News & Resources
A new report released by The International Commission of Jurists (ICJ) suggests Burma’s criminal law and justice system perpetuates stigmatization, discrimination, and human rights violations against its LGBTQ people.
The report, In the Shadows, can be downloaded here.
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Several groups and media outlets shared resources on Burma’s recent international court proceedings. The ICJ produced useful explainers following accusations that Burma violated the Genocide Convention including a piece on how international initiatives can support peace and justice in the country. ICJ Legal Adviser, Kingsley Abbott participated in an interview with BBC Burmese about the process for the International Criminal Court.
Citizens for Global Solutions highlighted the importance of the Gambia invoking genocide against Burma in a piece that cities the Gambia as ‘acting as the conscience of the world society,’ by sending a clear message to Burma and the rest of the world that such atrocities are unacceptable – and must not be tolerated. Learn more about the Genocide Convention – which Burma became a party to in 1956 – here.
Additionally, Frontier Myanmar wrote a helpful guide on the filing of cases against Burma and its leaders which addresses specifically how these cases emerged and what is likely to happen next.
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The Karen Human Rights Group launched their latest thematic report, ‘Beyond the Horizon: Local Perspectives on Peace, Justice and Accountability in Southeast Myanmar,’ which addresses transitional justice mechanisms by looking at past and present human rights violations and how they impact civilian pathways to justice.
The report can be downloaded here.
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A new book by renowned Burma historian, Thant Myint-U titled ‘The Hidden History of Burma’ explores how to liberalize and reform the country amidst the many different power dynamics. The Wall-Street Journal reviews the book here.
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ND-Burma member, Assistance Association for Political Prisoners (Burma), released a thematic report titled, ‘The Systematic Use of Torture by Totalitarian Regimes in Burma and the Experiences of Political Prisoners.’ The report documents different types of torture and details its systematic nature in prisons and in interrogation centers across Burma. It goes into detail about techniques of torture that were used, how torture was used as a tool to oppress political dissidents, different experiences of political prisoners faced.
Download the report from their website here.
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The 16-Days of Activism Against Gender-Based Violence began on 25 November and will last until 10 December. Numerous women’s groups have written statements addressing the epidemic of violence against women and girls in Burma and the need to strengthen rule of law to protect survivors. See statements from the Women’s League of Burma and the Karen Women’s Organization, who also authored an editorial on their theme for the 16-Day Campaign, ‘Use Your Power to Protect.’
Pressure to hold perpetrators of human rights violations accountable continues to take precedent as activists, civil-society organizations and international governments continue to lobby the Burmese military and government to act in good faith by cooperating with recommended transitional justice mechanisms.
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Our latest report calls for agency & accountability against perpetrators of
human-rights violations in Burma with mass abuses taking place predominantly in Kachin, Shan & Rakhine states from January to June 2019.
The report is now available online.
Burmese: http://ow.ly/iOGw50wegfa English: http://ow.ly/OQXg50wegfw
Rape & Sexual Violence: High Profile Child-Rape ‘Victoria’ Case Continues
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Evidence was found to be corrupted in the most recent development to the ongoing ‘Victoria’ child-rape case. Despite 11 downloaded CCTV records, several were found to be damaged once the memory stick and hard-disk had been given back to school. As such, the Naypyitaw court found no original video evidence where the rape of a two-year old girl took place in May 2019. The court has said it would investigate with technicians at an ‘appropriate time.’ The child has been dubbed ‘Victoria’ by the media to protect the identity of the young girl.
Another development in the ‘Victoria’ case saw the forensic doctor testify and confirm that the toddler was raped. This counters claims by the police and skeptics who suggested that child was not sexually assaulted at all.
The case has witnessed growing calls for justice from the general public and harsher sentences against those who commit child rape. There have also been numerous allegations that the alleged perpetrator in question is a scapegoat to protect the real culprit believed to have committed the crime. Burma has signed the Convention on the Rights of the Child and is legally and morally obligated to protect children – rather than use the law strategically to protect those in power.
IDPs in Kachin State Fearful
Despite attempts to agree on a bilateral ceasefire agreement by the KIA and the Burma Army’s Northern Command, there continues to be concerns about the safety and security of Kachin IDPs who lack access to humanitarian aid. Villagers have been fleeing for eight-years and as a result, civilians have developed serious trust issues with negotiating stakeholders.
Once Bitten, Twice Shy: Myanmar’s Kachin IDPs Demand Ceasefire Before Returning Home
Internally displaced people at their homes in Mung Na camp in Waingmaw Township, Kachin State, in October 2019. Photo credit: The Irrawaddy
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 six Full Members and six Affiliate Members as follows:
Full Members:
Affiliate Members:
Daw Aung San Suu Kyi’s Mission to The Hague: Defending the Indefensible?
/in NewsBy AUNG ZAW 22 November 2019
The news has sent shockwaves through the Myanmar public: Daw Aung San Suu Kyi will travel to the International Court of Justice (ICJ) in The Hague to contest an accusation of genocide, and lead the country’s legal defense team.
The decision was welcomed with excitement by a majority of social media users. Though many expressed uncertainty as to what it means and the potential perils of the ICJ, by and large there has been an unconditional outpouring of support and sympathy for Daw Aung San Suu Kyi.
At the same time, some of her supporters say it’s a bad idea: Why should she stick her neck out and risk falling flat on her face in The Hague? They say they can’t believe she is going to the ICJ to defend the military’s actions.
The ICJ case will be the first of several international legal attempts to bring Myanmar to justice over the Rohingya crisis.
No details have yet been released regarding the State Counselor’s preparations, or who will accompany her to The Hague next month. But it is expected that she will travel with a team of international legal experts, as the government recently announced it had hired a number of prominent international lawyers.
Indeed, a team of legal experts will be needed. She has no background whatsoever in this department.
The Rohingya crisis in northern Rakhine State saw Daw Aung San Suu Kyi subject to international criticism and her moral authority questioned over her silence to condemn the military crackdown that prompted the Rohingya exodus.
In 2017, the Myanmar army was involved in clearance operations against the Arakan Rohingya Salvation Army terrorists after they attacked police outposts and killed many civilians in northern Rakhine in 2017. The operation prompted an exodus of Rohingya, known locally as “Bengalis”, to Bangladesh. Most people in Myanmar regard the Rohingya as illegal immigrants from the neighboring country.
Army reaction
Daw Aung San Suu Kyi’s announcement also came as surprising news to the army leadership. The generals, though they haven’t said so publicly yet, welcomed her decision.
President U Win Myint plans to call a top-level security briefing, and top army leaders are expected to attend.
Army chief Senior General Min Aung Hlaing and Daw Aung San Suu Kyi have a strained relationship and it is likely that Vice Senior General Soe Win would attend the meeting. But it is not known what support the army is prepared to offer her legal team.
However, the army generals owe a debt of gratitude to the State Counselor for her decision, as they would have zero capacity to mount a defense at the ICJ. It has also raised hopes that by moving to defend the military, Daw Aung San Suu Kyi will gain some bargaining power when it comes to amending the 2008 Constitution—something the military has staunchly resisted.
Critics point out that Myanmar is divided, with the civilian government and the military at odds. As the saying goes, two lions share a cave.
Many army officers who are familiar with the internal politics inside the armed forces would like to see more coordination between the government and top army leaders as the country faces condemnation and international lawsuits.
Several mid-ranking officers familiar with the Rakhine crisis have long wanted to see their top leaders engage more with international actors and media to explain what unfolded in 2017 in Rakhine State. At the same time, they are frustrated by the one-sided accusations against Myanmar and acknowledge the huge gap between the narrative that exists in Myanmar and the one perceived by the international community. Unsurprisingly, respect toward Daw Aung San Suu Kyi, whom they describe as a “strong and principle-minded politician”, is still there inside the armed forces.
Daw Aung San Suu Kyi’s decision is a calculated one and has no doubt surprised many, including in her inner circle and among her aides.
She knows that Myanmar’s majority Buddhist Burmans are behind her. She also knows that she needs support from the military. She will also need support from the many ethnic communities (including their armed groups) and organizations that live and operate inside the country.
Daw Aung San Suu Kyi—who is now State Counselor and the de facto leader of the government—has one eye on the 2020 general election. Perhaps she sees this ICJ lawsuit—and the obligation it imposes on her to defend the country against allegations of genocide at the UN’s top court—as a blessing in disguise. But how can she prevail?
During her visit to Shan State this week, the State Counselor told residents she would like to see peace take hold in the country within her lifetime.
Before the peace, she must face the music in The Hague. This is the country’s destiny.
Irrawaddy News
Letter from Jail: Members of poetry troupe in Myanmar
/in NewsLetter from Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar
Seven members of the Peacock Generation—Kay Khine Tun, Zayar Lwin, Paing Pyo Min, Paing Ye Thu, Zaw Lin Htut, Su Yadanar Myint and Nyein Chan Soe —were arrested in April and May 2019 after they performed Thangyat, a traditional performance art akin to slam poetry during the Thingyan Water Festival in April. On 30 October 2019, five of them were convicted under Section 505 (a) of Myanmar’s Penal Code at Mayangon Township Court in Yangon, Myanmar’s largest city, and sentenced to one year in prison. Section 505 (a) of the Penal Code prohibits the circulation of statements and reports with the intent to cause officers or soldiers in the Myanmar Armed Forces to mutiny or otherwise disregard or fail in their duties
For livestreaming performances on Facebook, Zay Yar Lwin, Paing Phyo Min, Paing Ye Thu, Su Yadanar Myint and Nyein Chan Soe also face charges under Section 66 (d) of the Telecommunication Act for “online defamation”.
Members of the Peacock Generation are facing the same charges in five other townships in Yangon and Ayerwaddy Region where they have performed Thangyat and face a possible 19 years imprisonment. Below is their letter from jail:
When we heard of the charges, we went to the police station to allow them to detain us. We are also experienced with jails. First the military sued us in Mayangone and Botahtaung Townships, and later military in Pathein, Dedaye, Pyapon, Maupin townships from Ayeyarwaddy Regions also sued us under 505(a) and 66(d). When they sue us, it was not just one time. They sued us at different times and intentionally delayed the verdict process. Those court processes in Ayeyarwaddy Region have not yet begun. That means they want to lock up us for a long time. It’s already been 6 months and only one verdict is out. And only two courts hearings are done.
We believe its not fair as even before the court decided on our innocence, we were already in jail as criminals. Mentally it is hurting for those who are locked up in jail. We are trying to pass the days because we have strong beliefs, but it is difficult for others to be in jail.
They have convicted us with no strong evidence. This is not a fair case. Because it is a case against the military, whatever we do, we will definitely be sentenced. Because in my country, nobody is treated fairly and equally by the law when the case is against military. We believe we didn’t commit a crime by performing Thangyat. This is the case of criticizing and resisting an oppressive institution – the military. We will never be silenced just because they jailed us or sentenced us this way.
We will keep criticizing and pointing out the flawed system in different ways because it is important for us to amend the constitution and to get the military out of politics so that we can pursue genuine democracy in Myanmar.
Thankfully we have people supporting us mentally and physically. They are all our colleagues, students, friends and families. Because of those support, we can stand these days. Lawyers support us legally.
When we talk about freedom of expression, there very little space and we still have to work a lot to have that freedom. We understand that our rights shouldn’t harm others. We admit we strongly criticized the military, but why we were criticizing them strongly was because military leaders and their institution have obtained power unfairly and are harming our own people. Freedom of expression in Myanmar is like a tortoise trying to get carried by a flying stick held by two crows on both ends. We can talk about freedom of expression, but if we really express ourselves, we can get jailed. That’s the current situation.
To all the international organizations and institutions that want to help “democracy” in Myanmar, do whatever you can to help us please. The important thing is to influence the military. Only by influencing them, we can help them move in the right direction or else, things will get worse in future. Please speak up more for the situation in Myanmar.
Instead of asking you to specifically to help our case, we want to ask if you help democracy and politics in Myanmar, and when it is improved, we will be part of the journey too. There are many others who are currently jailed in Myanmar. Thank you for your support and solidarity near and far and for helping change our country.
Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar
Translated by Thinzar Shunlei Yi a Youth Advocate and Activist from Myanmar
CIVICUS