Weekly Update : Human Rights Situation (28 March to 3 April)

Young people in Myanmar who protested against the junta are facing increasingly unjust punishments in military backed courts. Daily reports of the growing numbers of arrests and those who have ‘disappeared’ have only contributed to ongoing worries and concerns.

 

Myanmar military abducts, tortures 11-year-old boy in Mandalay

The boy was among four locals from Myitnge Township beaten in junta custody after they were accused of supporting the armed resistance

Junta soldiers arrested and abused four people from Mandalay Region’s Myitnge Township over the weekend, accusing them of supporting the anti-dictatorship People’s Defence Force (PDF), locals said.

Among them was Moe Lun, age 11, who was reportedly tortured while in military custody on March 26.

“The child was beaten and taken from his home. They also brutally beat and took a married couple and another man,” a local man from Myitnge told Myanmar Now on the condition of anonymity.

The other victims were identified as a man named Htay Win, and Tayote and Win Kyi, who are husband and wife.

They were reportedly held in the compound of the Yadana Gu monastery in Amarapura Township, but only Win Kyi and Moe Lun were released later that day. The two men—Htay Win and Tayote—are believed to have been sent to the interrogation centre situated within Mandalay Palace, “if they are still alive,” the local man said.

Moe Lun’s face was badly bruised upon his return, but, fearing repercussions from the military, his family did not dare send him to a hospital, he added.

“Win Kyi was brutally tortured as well. They accused her of providing a sack of rice to the PDF,” the local said.

Myanmar Now called the Myitnge Police Station to obtain comment on the claims but all calls went unanswered.

Myanmar Now News

US declares Myanmar’s 2017 atrocities against Rohingya a ‘genocide’

The move will bring greater scrutiny on the Myanmar military, says a Rohingya activist.

UPDATED at 4:30 P.M. EDT on 2022-03-21

The United States has declared as a genocide the Myanmar military’s 2017 deadly crackdown against the Rohingya Muslim minority that killed thousands and forced an exodus to neighboring Bangladesh, Secretary of State Antony Blinken announced Monday.

Human rights activists welcomed the move as overdue and essential for stepping up pressure on the military, and making it accountable for crimes against humanity. According to American investigators, the military was responsible for atrocities including mass killings, gang rapes, mutilations, crucifixions, and the burning and drowning of children.

>> Myanmar army joins brutal list of US-recognized genocides

Blinken said that as of Monday, the United States had concluded that other than the Holocaust, genocide had occurred eight times – the eighth time against the Rohingya.

“I have determined that the members of the Burmese military committed genocide and crimes against humanity against Rohingya,” Blinken said in remarks at the U.S. Holocaust Memorial Museum in Washington on Monday.

“The attack against Rohingya was widespread and systematic, which is crucial for reaching a determination of crimes against humanity.”

Blinken said that among the sources for the determination was a joint report published in November 2017 by the museum’s Simon Skjodt Center for the Prevention of Genocide and the human rights group Fortify Rights. The report was based on a survey of more than a thousand Rohingya refugees living in Bangladesh, all of whom were displaced by the violence in 2016 or 2017.

“Three quarters of those interviewed said that they personally witnessed members of the military kill someone. More than half witnessed acts of sexual violence. One in five witnessed a mass casualty event, that is, the killing or injuring of more than 100 people in a single incident,” Blinken said.

“These percentages matter. They demonstrate that these abuses were not isolated cases. … This demonstrates the military’s intent went beyond ethnic cleansing to the actual destruction of Rohingya.”

 

Ten Rohingya men with their hands bound kneel as members of the Myanmar security forces stand guard in Inn Din village of Rakhine State, Myanmar, Sept. 2, 2017. Credit: Reuters
Ten Rohingya men with their hands bound kneel as members of the Myanmar security forces stand guard in Inn Din village of Rakhine State, Myanmar, Sept. 2, 2017. Credit: Reuters

Following Blinken’s announcement, New York-based Human Rights Watch said that the U.S. needed to coordinate its “long overdue action” with other countries to pursue justice for the mass crimes committed against the Rohingya.

“The U.S. government should couple its condemnations of Myanmar’s military with action,” John Sifton, Asia advocacy director at Human Rights Watch, said in a statement. “For too long, the U.S. and other countries have allowed Myanmar’s generals to commit atrocities with few real consequences.”

The rights watchdog said that to deter future abuses, Washington should impose tougher sanctions on the foreign currency revenues the Myanmar military makes from oil and gas revenues, and increase the enforcement of existing sanctions.

“The military utilizes the bulk of these revenues to support its expenditures, which include extensive purchases of arms and attack aircraft from Russia, China, and other countries,” the group said in its statement.

Similarly, the U.K.-based Burma Human Rights Network said Washington’s recognition of the Rohingya genocide was overdue but greatly welcomed.

“By formally declaring a genocide took place against the Rohingya, the U.S. is firmly acknowledging the scope and horror of the junta’s violence,” the group’s Executive Director Kyaw Win said in a statement Monday.

“This declaration must be followed by further action. The junta must be completely cut off from the world, deprived of cash flow and weapons, and resisted until they fall from power.”

 

Years-long patterns

In 2018, U.N. investigators found that Myanmar’s military carried out mass killings and gang rapes of Muslim Rohingya with “genocidal intent.” The rights group Doctors Without Borders has estimated that at least 6,700 Rohingya died in the 2017 crackdown.

But to date, the U.S. government had described it as “ethnic cleansing” – not using the “genocide” designation, which carries more legal weight.

Under Article 2 of the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide, genocide is defined as “acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group.”

The atrocities were committed during the tenure of the civilian government of Aung San Suu Kyi who in December 2019 defended the military against allegations of genocide at the International Court of Justice in The Hague. The Nobel Peace Prize winner and one-time democracy icon now languishes in prison – toppled by the same military in its Feb. 1, 2021 coup.

 

A Rohingya refugee woman is helped out of Naf River as they cross the Myanmar-Bangladesh border in Palong Khali, near Cox's Bazar, Bangladesh, November 1, 2017. REUTERS/Hannah McKay
A Rohingya refugee woman is helped out of Naf River as they cross the Myanmar-Bangladesh border in Palong Khali, near Cox’s Bazar, Bangladesh, November 1, 2017. REUTERS/Hannah McKay

 

Myanmar, a country of 54 million people about the size of France, recognizes 135 official ethnic groups, with majority Burmans accounting for about 68 percent of the population. The Rohingya ethnicity is not recognized.

The Rohingya have faced decades of discrimination in Myanmar and are effectively stateless. They have been denied citizenship. Burmese administrations have refused to call them “Rohingya” and instead use the term “Bengali.”

The 2017 crackdown was triggered by a Rohingya insurgent group’s attack on police outposts in Myanmar’s Rakhine state, leading to a disproportionate military response that caused about 740,000 Rohingya civilians to flee to neighboring Bangladesh – what the military and Aung San Suu Kyi, then the civilian ruler of Myanmar, called a “clearance operation.”

But a State Department-commissioned investigation found that the Rohingya were in a highly precarious situation in the months and years leading up to the attacks on the police stations, and their situation was fast deteriorating, according to Daniel Fullerton of Public International Law & Policy Group, who managed the probe.

“The collected data revealed years-long patterns of gradually worsening violence and widespread human rights violations targeted against the Rohingya, which began to dramatically increase in severity and frequency in the year leading up to the major attacks of 2017,” Fullerton said in testimony at a U.S. Commission on International Religious Freedom hearing last May.

Rohingya refugees cross the Naf River with an improvised raft to reach to Bangladesh in Teknaf, Bangladesh, November 12, 2017. Picture taken November 12, 2017. REUTERS/Mohammad Ponir Hossain
Rohingya refugees cross the Naf River with an improvised raft to reach to Bangladesh in Teknaf, Bangladesh, November 12, 2017. Picture taken November 12, 2017. REUTERS/Mohammad Ponir Hossain

The military’s retributory attacks for the Rohingya insurgents’ August 2017 assault on police posts was swift – and brutal.

“These attacks included brutal large-scale ground assaults, indiscriminate shootings, mass killings, executions, crucifixions, rapes and gang rapes, beatings, mutilations, the burning and drowning of children, the widespread destruction of Rohingya homes and villages, among many other brutal acts,” investigator Fullerton said.

“There were credible reports of Rohingya community leaders being gathered into buildings and burned alive, of imams being beaten and having their beards burned off, and of Rohingya religious or community leaders being shot or stabbed in front of the members of their village. Symbolic burnings of mosques, madrassas, and Korans were widely documented,” he said.

Blinken spoke of the planning that went into pre-attack preparations – such as military personnel “blocking exits to villages before they began their attacks, [and] sinking boats full of men, women and children as they tried to flee to Bangladesh.”

He said that the “immeasurable pain wrought by every heinous abuse” ripples outward from the individual victims to the survivors and to the wider community.

Therefore, he said, the U.S continues to provide significant support to help meet the humanitarian needs of Rohingya and all affected by their persecution. He said Washington had provided nearly $ 1.6 billion since 2017 for Rohingya refugees’ shelter and education, specialized mental health and for the psychosocial support for the victims of trauma.

A Rohingya refugee cries during Eid al-Adha prayer in Kutupalong refugee camp in Cox’s Bazar, Bangladesh, August 22, 2018. REUTERS/Mohammad Ponir Hossain
A Rohingya refugee cries during Eid al-Adha prayer in Kutupalong refugee camp in Cox’s Bazar, Bangladesh, August 22, 2018. REUTERS/Mohammad Ponir Hossain

‘Generosity of Bangladesh’

Blinken said he wanted to “recognize the exceptional generosity of Bangladesh” in hosting over 900,000 Rohingya refugees, and the South Asian country’s recent efforts to vaccinate this stateless community against COVID-19.

In Dhaka, Bangladesh’s Home Minister Asaduzzaman Khan Kamal on Monday welcomed the Biden administration’s decision to declare the military’s 2017 oppression of the Rohingya a genocide.

“The U.S. announcement would help restore the civil rights of the Rohingya in Myanmar and speed up their repatriation,” he told BenarNews.

“The international community and all people should know about the genocide and other inhuman atrocities committed against the Rohingya in Myanmar.”

In no-man’s land on the Bangladesh-Myanmar border, Dil Mohammad, a Rohingya leader, said Washington’s declaration was a positive development.

“The massacre of the Rohingya in Myanmar is a classic example of genocide. The international community believes it but they did not officially recognize it,” the Rohingya leader in Bandarban district told BenarNews.

“If the international community speaks in one voice against the brutality of the military, the decades-old genocide and atrocities targeting the Rohingya would cease and our return to our homeland be ensured.”

 

Rohingya refugees are reflected in rain water along an embankment next to paddy fields after fleeing from Myanmar into Palang Khali, near Cox's Bazar, Bangladesh November 2, 2017. REUTERS/Hannah McKay/File Photo
Rohingya refugees are reflected in rain water along an embankment next to paddy fields after fleeing from Myanmar into Palang Khali, near Cox’s Bazar, Bangladesh November 2, 2017. REUTERS/Hannah McKay/File Photo

The designation of the Rohingya expulsion campaign as genocide follows the January 2021 decision by Blinken’s predecessor, Mike Pompeo, who determined that China’s mass incarceration and coercive birth control policies toward the Uyghur minority in China’s northwestern Xinjiang region constituted genocide.

The State Department has since the Cold War recognized genocides in Bosnia (1993), Rwanda (1994), Iraq (1995), Darfur (2004), and areas under the control of ISIS (2016 and 2017), according to Holocaust Museum data.

RFA News

Military council files terrorism charges against student activists to ‘instil fear’

The targeted individuals were helping families of detained students send them care packages in prison, says the chair of Myanmar’s student union coalition

The All Burma Federation of Student Unions (ABFSU) confirmed that three of their Mandalay-based members were charged last Friday by the junta with violating Myanmar’s counterterrorism law.

The individuals, who were arrested on March 2 in Amarapura Township, include Aung Myo Ko, chair of the student union at the Mandalay Education College; Thiri Yadanar, upper Myanmar secretary of the ABFSU; and Kyaw Zin Latt, a middle school teacher from Singu Township.

ABFSU chair Aung Pyae Sone Phyo said that the activists had been helping families of detained students send care packages to their loved ones in prison.

“They were actually a part of the democratic movement before but they stopped doing that. They just focused on sending care packages to the detained students and helping the detained students contact their families in distant places,” he told Myanmar Now.

The three detainees—all in their 20s—have been held at the township police station since their arrest, and were formally accused on March 18 of violating Section 50j of the counterterrorism law for funding “terrorist” organisations. The charge carries a maximum sentence of life in prison, Aung Pyae Sone Phyo told Myanmar Now.

A second charge was also added to their cases for being alleged accessories to terrorist acts, as is outlined under Section 52a of the law, and carries a seven-year sentence.

The three student activists are also reportedly being investigated for incitement charges under Section 505a of the Penal Code, but Aung Pyae Sone Phyo noted that the final charge had not yet been formally filed.

“[The military] started by arresting protesters on the streets and now they’re arresting people who are helping the detained civilians. They clearly want to instill fear into the people so that they don’t dare to revolt,” the ABFSU chair said.

The military council has not released any information on the charges allegedly brought against the student activists.

Protests have continued in Mandalay more than one year after the military coup in February 2021. The junta continues to make frequent arrests of dissidents in the region, questioning civilians in public, and sealing off houses belonging to anti-dictatorship figures.

“They are going to decimate each and every one of their opponents. That is why we have been revolting against the junta from the time of Ne Win until Min Aung Hlaing,” Aung Pyae Sone Phyo said, referring to the military leader who seized power in a 1962 coup and the current army chief.

“It’s also essential that we, the people, hold our heads high and keep fighting back,” he added.

Myanmar Now News

Myanmar junta sentences two journalists to two-year prison terms

Journalists from Kamayut Media and Mizzima are convicted of incitement one year after their arrests in a continued nationwide crackdown on news organisations

Junta courts in Naypyitaw and inside Yangon’s Insein Prison sentenced two journalists to two years in prison this week, one year after their arrests and charges of violating Section 505a of the Penal Code for incitement.

Kamayut Media co-founder Hanthar Nyein was convicted on Monday in a military-run “special court” in Insein, and former Mizzima correspondent Than Htike Aung was handed the same verdict by the Dekkhina District Court in Naypyitaw on Tuesday.

Both men pleaded not guilty, and were told that their time already served in prison would be deducted from their sentences.

“They said Kamayut Media had incited riots and rallied people to protest,” Hanthar Nyein’s lawyer said. “However, Hanthar Nyein appealed to them that he had just reported the news in accordance with journalistic ethics.”

He added that his client did not offer comment on the verdict as he had anticipated that he would be sentenced to prison time, but noted that he was in good health.

Hanthar Nyein was arrested along with Kamayut’s other co-founder and editor-in-chief Nathan Maung during a military raid on their office in Yangon on March 9, 2021.

After being detained in Insein for more than three months, Nathan Maung, an American citizen, was released and deported in June. He told several news outlets that both he and Hanthar Nyein were brutally tortured by the junta’s forces during prison interrogations.

Than Htike Aung was arrested outside the Dekkhina court on March 19, 2021 by plainclothes officers while reporting on a hearing for National League for Democracy party patron Win Htein. BBC correspondent Aung Thura was also arrested, but was released days later.

The military council has been threatening media organisations and raiding their offices since staging a coup in February last year. In addition to Kamayut, those targeted in Yangon were Mizzima, Myanmar Now and DVB, as well as the Hakha Post in Chin State, the Monywa Gazette in Sagaing, and the Shwe Phee Myay news agency in Lashio, Shan State.

Although staff members largely managed to evade capture during these raids, the military confiscated office property and frequently destroyed or damaged the premises.

More than 130 journalists have been arrested since the coup and more than 50 were still imprisoned at the time of reporting, according to figures compiled by the Detained Journalists Group, which has been monitoring and collecting data on the issue.

Nway Nway Eain contributed to this report.

Myanmar Now News

Weekly Update March 14-20 (2022)

After the release of the report by UN HRC last week, it is abundantly clear that there is more than enough evidence to hold the military junta accountable for their crimes. There is no more time to wait. It is time for action & consequences. More in weekly update

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