Blog Multi Author – Page 167

Kachin Relative of Slain IDPs Flees After Tatmadaw Opens Case Against Her

April 26, 2018/in News

By LAWI WENG 25 April 2018

A Kachin woman has gone into hiding after accusing the Myanmar Army (or Tatmadaw) of killing two of her family members, apparently fearing detention by the military, according to local sources in Kachin State.

Kaw Awng, 45, is already the subject of legal action by the Tatmadaw. She has been charged by the Army with violating section 17 (1) of the law against unlawful association for allegedly concealing information that the slain IDPs were members of the Kachin Independence Army (KIA). The charge was brought by Military Operation Command 21 based in Bamaw Township.

According to an IDP camp leader based in Mai Khaung, Mansi Township, who asked to be identified as “David”, Myanmar Army personnel have made several trips to Kaw Awng’s home intending to arrest her. It was Kachin IDP camp leaders who urged her to hide at a different location, David said. He requested the use of a pseudonym out of fear for his security, as there is a Myanmar military base near his IDP camp.

“Every time they come back to her home [in the camp] they ask us when she will be returning. The police have also come two times,” David said.

The two IDPs, Hpaugan Yaw, 65, and Nhkum Naw San, 35, from Mai Khaung camp disappeared in January. After their bodies were found in March, the victims’ family accused the Tatmadaw of killing the two men.

Not knowing which Army unit is responsible for the killings, the family asked police to investigate. According to David, the family claims the police investigation has been dropped now that the Army is taking action against it, however.

Police Major Myo Thant told The Irrawaddy that the police were no longer investigating the IDPs’ deaths, adding that in fact the police wanted to speak with Kaw Awng to conduct their own investigation into whether she violated the unlawful association law as alleged by the Army.

According to David, the Army told the victims’ family during a meeting at the township authority office in Mansi that it killed the two men, but claimed the killings were justified as they were KIA members, in the Army’s view.

David Baulk, a Myanmar specialist for the rights group Fortify Rights, which has been following the case, told The Irrawaddy, “The families of Hpaugan Yaw and Nhkum Naw San are demanding justice for their killings, and the Myanmar military is targeting them as a result. … The reality is that in Myanmar today demanding accountability for crimes involving the military will likely result in a prison stretch.”

David said that “Getting authorities to investigate and take action is difficult; they made up the story, but those two IDP were really civilians. They were not members of the KIA. We are still considering how to proceed.”

The doctor who conducted the autopsies on the two men has refused to provide the family with a report, despite repeated requests by the family and IDP camp leaders. The doctor told the family that he could only release the information in a court proceeding.

Three other IDPs from Mansi camp were killed by the Tatmadaw in a separate case last year. In that case, however, camp leaders received cooperation from and were shown evidence by medical and police officials.

In January this year, six Army personnel were sentenced to prison terms for the killings.

“They may not want more Army personnel to go to prison. Therefore, we believe that they are playing games and preventing the family of the victims from taking action against them,” David said.

Irrawaddy News

The Nightmare Returns: Karen hopes for peace and stability dashed by Burma Army’s actions

April 26, 2018/in News

On March 4th, the Burma Army began the largest and most coordinated deployment of troops into Karen State’s Mutraw (Hpapun) district since 2008. More than 1,500 Burma Army troops have now crossed into Karen National Union (KNU) controlled areas of Mutraw’s Luthaw township, breaching the terms of the Nationwide Ceasefire Agreement (NCA) and provoking multiple clashes with the Karen National Liberation Army’s (KNLA) 5th Brigade. Troops serving under the Burma Army’s Southern Command have indiscriminately targeted civilians while more than 2,400 villagers have been forced to flee their land and homes. The majority of those displaced by the Burma Army’s current operations had only recently returned to rebuild their villages, farms, and livelihoods following decades of widespread armed conflict.

The KNU and Burma Army are both signatories to the 2015 NCA, which prohibits the expansion of military infrastructure and troop reinforcements in ceasefire areas. However, since March 4, at least eight Burma Army battalions have entered Luthaw, without prior agreement3 from the KNLA, and begun constructing a military operations road to connect their military bases at Ler Mu Plaw and Kay Pu. If the road is built, Indigenous Karen villagers may be permanently displaced from their homes and ancestral village territories.

The 2012 bilateral ceasefire and 2015 NCA gave people a sense of hope that, perhaps, peace was at hand. The Burma Army’s renewed attacks and road construction activities have shattered this hope by once again forcing people from their land and into hiding in the forests. On April 5th, Burma Army troops shot and killed 42-yr-old Saw O Moo in the Ler Mu Plaw area of northwestern Luthaw. Saw O Moo was a local villager and Indigenous Karen leader. At the time of his death he was travelling home from a community meeting to coordinate humanitarian assistance for villagers displaced by the Burma Army’s military operations.

KPSN’s findings show that the Burma Army has repeatedly breached the terms of the 2012 and 2015 ceasefire agreements in Mutraw District. The Burma Army is again taking advantage of the ceasefire to accomplish what it was unable to do during earlier periods of widespread armed conflict: expand and upgrade its military infrastructure and capability to seize and control Indigenous Karen people’s lands. The Burma Army’s actions undermine local people’s efforts to build genuine lasting peace, protect their natural and cultural heritage, and facilitate the return of refugees and IDPs to their ancestral lands.

Karen Peace Support Network KPSN

Myanmar policeman describes ‘trap’ to arrest Reuters reporter

April 20, 2018/in News

YANGON (Reuters) – A Myanmar police chief ordered officers to “trap” a Reuters reporter arrested in December, telling them to meet the journalist at a restaurant and give him “secret documents”, prosecution witness Police Captain Moe Yan Naing told a court on Friday.

Moe Yan Naing gave details to the court of the hours leading up to the Dec. 12 arrest of Wa Lone, 32, and Reuters colleague Kyaw Soe Oo, 28, who had accompanied him to the meeting, and said the police had arranged a “set up”.

The court in Yangon has been holding hearings since January to decide whether the pair will be charged under the colonial-era Official Secrets Act, which carries a maximum penalty of 14 years in prison.

They had been working on a Reuters investigation into the killing of 10 Rohingya Muslim men and boys in a village in western Myanmar’s Rakhine state, during an army crackdown that United Nations agencies say has sent nearly 700,000 people fleeing to Bangladesh.

Seven soldiers have been sentenced to “10 years in prison with hard labor in a remote area” for participating in the massacre, the army said this month.

Reuters was unable to immediately obtain a comment from lead prosecutor Kyaw Min Aung as the proceedings were ongoing. Myanmar police spokesman Police Colonel Myo Thu Soe could not be reached for comment.

Myanmar government spokesman Zaw Htay was not immediately reachable for comment. He has previously told Reuters that under Myanmar’s constitution the courts were independent and has declined to comment on the case, citing the ongoing proceedings.

“GET WA LONE”

In his testimony, the police captain said he had been interviewed in November by Wa Lone about police operations in Rakhine state. He was one of two officers from the paramilitary 8th Security Police Battalion who the police identified in December as “allegedly involved in the case”.

Moe Yan Naing said he had been under arrest since the night of Dec. 12 and had been told to testify on Friday as a prosecution witness.

He said that earlier on the day the Reuters reporters were arrested he was picked up from his post in Yangon and taken to Battalion 8’s headquarters on the northern edges of the city.

When he arrived, he said he found himself among a group of several other Battalion 8 policemen who had given interviews to Wa Lone. They were interrogated by a police “information team” about their interactions with the Reuters reporter, he said.

Moe Yan Naing told the court that police Brigadier General Tin Ko Ko, who led the internal probe, ordered police Lance Corporal Naing Lin to arrange a meeting with Wa Lone that night and hand over “secret documents from Battalion 8”.

“Police Brigadier Tin Ko Ko gave the documents to Police Lance Corporal Naing Lin and told him to give them to Wa Lone and said that when Wa Lone comes out of the restaurant, the Htaunt Kyant regional police force has to entrap him and arrest him,” said Moe Yan Naing.

“Police Brigadier General Tin Ko Ko told the police members, ‘if you don’t get Wa Lone, you will go to jail’,” said Moe Yan Naing in a raised voice.

Reuters was not immediately able to reach Tin Ko Ko for comment.

DINNER MEETING

The reporters have told relatives they were arrested almost immediately after being handed some rolled up papers at a restaurant in northern Yangon by two policemen they had not met before, having been invited to meet the officers for dinner.

Neither policeman has given testimony so far during the court proceedings.

Previous police witnesses have said the reporters were stopped and searched at a traffic checkpoint by officers who were unaware they were journalists, and were found to be holding documents relating to security force deployments in Rakhine.

Wa Lone and Kyaw Soe Oo have been in custody since Dec. 12.

Senior U.N. officials, Western nations and press freedom advocates have called for their release and diplomats from several embassies were among those attending Friday’s hearing.

REUTERS

Myanmar to free more than 8,000 prisoners in New Year amnesty

April 18, 2018/in News

YANGON (Reuters) – Myanmar began releasing more than 8,000 prisoners on Tuesday on humanitarian grounds under a presidential pardon, with most of those being released convicted of drug offences but with 36 people classified as political prisoners among them.

Newly released prisoners, part of over 8,000 inmates granted amnesty by Myanmar’s President Win Myint to mark Myanmar’s new year, walk out from Insein prison in Yangon, Myanmar April 17, 2018. REUTERS/Ann Wang

The pardon, signed by newly elected President Win Myint, coincides with Myanmar’s traditional new year celebrations and was aimed at promoting peace and the joy of the people, his office said in a statement.

“To bring peace and pleasure to people’s heart, and for the sake of humanitarian support, 8,490 prisoners from respective prisons will be pardoned,” the Presidential Office said.

Dozens of prisoners were set free later on Tuesday from Insein prison in Myanmar’s main city of Yangon, greeted at the gates of the colonial-era jail by scores of relatives and friends.

“I’m happy for this amnesty but I’m sorry for the other prisoners left behind,” said Saw Wah Lay, a member of a political party affiliated with an ethnic Karen insurgent group, the Karen National Liberation Army.

He said he had spent 13 years in Insein jail after being sentenced to death and a 95-year prison term for murder and other charges.

“I hope they will be released soon because some of them are facing unfair charges without having done anything wrong,” he told reporters.

Two Reuters reporters, Wa Lone and Kyaw Soe Oo, jailed in Myanmar were not included in the amnesty, according to Min Tun Soe, spokesman of Myanmar Prisons Department, citing ongoing legal proceedings against them.

Newly released prisoners, part of over 8,000 inmates granted amnesty by Myanmar’s President Win Myint to mark Myanmar’s new year, walk out from Insein prison in Yangon, Myanmar April 17, 2018. REUTERS/Ann Wang

A court in Yangon has been holding preliminary hearings since January to decide whether the pair will be charged under the colonial-era Officials Secrets Act, which carries a maximum penalty of 14 years in prison.

Myanmar leader Aung San Suu Kyi has made ending years of war between government forces and ethnic minority insurgents her top priority but the releases announced on Tuesday did not appear to include a significant number of people convicted for links to insurgencies.

‘VERY GOOD NEWS’

More than 6,000 of those being released were sentenced on drug charges, government spokesman Zaw Htay said on his Facebook page.

He did not identify any of those being released but said nearly 2,000 were members of the military and police, jailed under the Military Act or Police Disciplinary Act. He did not elaborate.

Zaw Htay also said 36 prisoners on a list issued by the human rights group Assistance Association for Political Prisoners (AAPP) were included in the amnesty.

Hundreds of political prisoners have been released from Myanmar’s jails in amnesties in recent years, including dozens freed in April 2016, days after Nobel laureate Suu Kyi’s party took power following nearly 50 years of strict military rule.

Before Tuesday’s pardon, there were 240 political activists jailed or awaiting trial in Myanmar, the AAPP said.

“This amnesty is very good news and we welcome and support it,” said a representative of the group, Aung Myo Kyaw.

“But there should not be a single political prisoner in a democratic country,” he said.

Slideshow (6 Images)

Suu Kyi, who spent years under house arrest, has said that releasing all remaining political prisoners was a top priority.

She has faced criticism at home over slow economic growth and the stuttering peace process.

Her government has also faced mounting international condemnation over a military operation against Rohingya Muslims that has sent nearly 700,000 members of the minority community fleeing to Bangladesh, according to U.N. figures.

U.S. Ambassador to the United Nations Nikki Haley said on Twitter on Monday she had met representatives of Reuters and prominent human rights lawyer Amal Clooney to discuss efforts for the release of the two Reuters reporters “jailed for doing their job”.

“Freedom of press & rule of law are the bases that democracies are built on & we hope Burmese authorities will realize the importance of this release to the int’l community,” Haley wrote.

Clooney has joined the legal team representing the two reporters, her office said last month.

A Reuters spokesperson confirmed the meeting and said the company would continue to do all it could to secure the release of the two reporters.

reuters.com

ND-Burma’s 2017 report on the human right situation finds military continues to block justice for abuses

April 5, 2018/in Justice Newsletters

Seeking justice in Burma

ND-Burma’s 2017 report on the human right situation finds military continues to block justice for abuses

ND-Burma released its 2017 report on the human rights situation, which found that ongoing conflict between the military and ethnic armed organisations has resulted in continued abuses against non-combatants, predominantly by state security forces. The military continues to block civilian attempts to seek justice through pay-offs, efforts to confuse or deceive victims through complicated military administrative procedures, and direct threats.

The press release can be found here in English and here in Burmese.

The report can be found here in English and here in Burmese.

March also saw our partner Asia Justice and Rights release a report examining the ongoing impact of human rights violations on women survivors. The report was co-produced with ND-Burma member theTa’ang Women’s Organisation and our Reparation Working Group member the Vimutti Women’s Organisation. The report can be found here in English and here in Burmese, with a video featuring survivors’ testimonies here.

Former child soldier sentenced to two years in jail for speaking about his experience;
Trial of Ta’ang legal advisor continues despite weak case against him

A former child soldier was sentenced to two years’ imprisonment for giving an interview about his experience of being forcibly conscripted by the Burma army. He was charged under section 505(b) of the Penal Code, which criminalises statements “likely to cause fear or alarm to the public”. Ko Aung Ko Htwe could be facing further charges for reportedly standing on a copy of the 2008 Constitution in protest at his arrest. A link to the interview that landed him the sentence can be found here. Human Rights Watch published a detailed description of the case here.

Photo: Ko Aung Ko Htwe arrives at Yangon’s Dagon Seikkan Township Court in September 2017 (Steve Tickner for Frontier Magazine)

Meanwhile the trial of Ta’ang legal advisor Mai Myo Aung continued despite three witnesses saying he had not been present at the shooting for which he is being investigated. Mai Myo Aung’s next hearing is on 6 April – this will be the 10th hearing in this case.

Burma army clashes with Karen armed group after violating ceasefire terms, hundreds displaced;
Government to provide over 120m kyats to Karen IDPs;
Civilians killed and tortured by Burma army in Shan State

Armed clashes occurred between the Burma army and the Karen National Liberation Army (KNLA) – a signatory to the Nationwide Ceasefire Agreement (NCA). According to the Karen Peace Support Network,fighting erupted after the Burma army entered KNLA-controlled territory without receiving prior permission and started to build a military road, dig trenches, and erect barracks. This violates the terms of the NCA and led to some 2,000 people fleeing the fighting. Local leaders of the besieged area signed a petitionto State Counsellor Daw Aung San Suu Kyi calling on troops to immediately withdraw and end road construction.

The government said it would provide over 120m kyats in funding to IDPs in Myaing Gyi Ngu IDP camp in Karen State. The Department of Social Welfare said 1,117 people would receive 100,00 kyats each and 76 households would receive 200,000 kyats.

In Shan State, a local NGO documented the murder of two civilians and the torture of another by Burma army soldiers.

Burma’s new President says his government will bring democracy and human rights;
Commander-in-Chief says people should stop “inciting hatred” against the military

Burma’s President U Htin Kyaw stepped down from his post, citing health reasons. U Win Myint was elected as the country’s new President and vowed in his inauguration speech that his government would“try its best, with full impartiality, to bring about democracy and the respect for human rights that our people long for.”

The army reiterated its commitmen t to preserving section 59(f) of the Constitution, which indirectly bars Daw Aung San Suu Kyi from assuming the presidency. The military’s unofficial political arm, the Union Solidarity and Development Party (USDP), claimed it has been the victim of “democratic bullying” by the NLD and says it was ok to label the party “nationalist.” The military’s Commander-in-Chief warned that people are “inciting hatred” against the army despite the fact that it is continuously taking steps to ensure the country enjoys “eternal peace”.

Upper house of parliament approves amendments to tighten protest law;
Government considers law restricting work of international organisations and aid groups;
Parliament approves $7.8m body to monitor internet

The upper house of Parliament approved a tightening of the Peaceful Assembly and Peaceful Procession Law, which has been criticised by rights groups for being used to jail activists. The amendments include one revision which could result in imprisonment for “anyone who instigates, tempts or persuades others intentionally or knowingly [joins a demonstration] to disrupt national security, the rule of law, tranquility and public morale”. The bill will now return to the lower house, from where it will pass to the President to be signed into law unless there is objection from MPs.

The government is also considering a Draft Law on International Non-Governmental Organizations, which would give it greater oversight over the work of international organisations and NGOs. An interview with an NLD spokesperson on the law can be found here. The parliament also approved a $7.8m body to monitor the internet for people who use it to “harm the stability” of the country.

UN investigators find strong evidence of “crimes under international law” in Burma and call for transitional justice;
Burma worst country for humanitarian aid access

The Chair of the UN Fact Finding Mission, tasked with investigating allegations of human rights violations in Burma, said the evidence investigators had collected pointed to “crimes against humanity” having been committed by government security forces. After describing harrowing accounts of victims, he said:

“The road to peace may be long and painful, but it is achievable. It starts with acknowledgment – acknowledgement of people’s existence, their identity, their suffering, and their human rights. It must be accompanied by remedies – action to restore to the extent possible, to compensate, and to bring justice. Both are necessary to prevent further violations.”

The UN Special Rapporteur on Myanmar also released her report on the human rights situation and called for accountability for perpetrators of mass abuses. The report describes in detail the situation in the country and should be read in full here. The UN human rights chief echoed the call for accountability. An EU-sponsored resolution at the UN Human Rights Council extending the mandate of the Special Rapporteur was rejected and the government said the General who ran the operations in Rakhine State was being investigated alongside other members of the security forces.

Humanitarian aid groups in Burma face the most difficulties reaching people in need, according to a study.

Former political prisoners open new museum in Yangon; March sees 248 political prisoners in jail or awaiting trial

ND-Burma member the Assistance Association for Political Prisoners (AAPP) opened a new museum in Yangon documenting the struggle of current and former political prisoners. According to AAPP’s records, there were 248 political prisoners in Burma at the end of March, with 54 serving time and 194 awaiting trial.

Photo: AAPP’s new museum, March 2017 (AAPP)

Majority of Burmese see legal system as tool to control society

A survey conducted by the My Justice legal NGO found that two thirds of people view the law as a means of controlling society, as opposed to protecting individual rights. An informative breakdown of the result can be found here.

Here a helpful interactive tool from local NGO The Ananda to understand how laws are made in Burma.

Military obstructs political Panglong preparations of latest ceasefire signatory;
Clashes continue between two armed groups in Shan State

The New Mon State Party (NMSP), one of two groups to sign the NCA in February this year, has beenprevented from holding public consultations by the military, which has led to the NMSP having to cancel the national-level political dialogue it planned to hold on 6 April. Public consultations are a way for signatory groups to get local input before holding national-level political dialogues, which then feed into the Panglong peace sessions.

The other armed group to sign the NCA in February, the Lahu Democratic Union (LDU), said it would try toestablish a Lahu self-administered zone.

Two rival armed groups in northern Shan State have clashed throughout March, displacing hundreds and killing two civilians. The Restoration Council of Shan State/Shan State Army – South (RCSS/SSA-S) and Ta’ang National Liberation Army (TNLA) have had armed clashes since 2015, when the RCSS/SSA-S signed the NCA, and fighting has intensified in recent months.

IDPs who were displaced by fighting between the Arakan Army and government forces two months ago started to return to Burma.

Nearly 2,000 Karen villagers demonstrate against planned dam on Salween River;
Hundreds protest lack of payment for land confiscated for pipeline in Rakhine State

Villagers in northern Karen State protested against a proposed dam project on the Salween River, saying it would harm the natural beauty of the area and negatively affect livelihoods.

Some 600 protesters in Rakhine State demanded compensation for land that had been confiscated as part of the $2.5 billion Sino-Myanmar Shwe pipeline and deep-water port project, a part of China’s wider “Belt and Road” initiative

Three Burmese human rights defenders receive EU prize

Cheery Zahau, Daw Khin Than Htwe and Ko Swe Win received the EU’s Shuman Award for human rights.Ko Swe Win, who is the Editor of Myanmar Now, said upon accepting his award that only the promotion of human rights could stop growing intolerance and hostility in society.

Government and private sector establish ethnic association to spur economic development;
Irrawaddy regional government to pay for Chin national day

The Ministry of Ethnic Affairs together with the private sector established the Myanmar Ethnic Entrepreneur Association to promote economic development in the country’s ethnic regions.

The Irrawaddy regional government has said it will fully finance the 2019 Chin national day celebrations in line with Article 13 of the Ethnic Rights Protection Law. Chin national day is held on 20 February every year and was financed by donations in 2018.

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ND-Burma is a 16-member organisation whose members represent a range of ethnic nationalities, women and the LGBTI community. We have been documenting human rights abuses and fighting for justice for victims since 2004.