ND Burma
ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.
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Burma Army unjustly sues 47 farmers for trespassing on lands seized near Eastern Central Command base in Kho Lam, Namzarng township
/in NewsUpdate by the Shan Human Rights Foundation
July 22, 2020
Burma Army unjustly sues 47 farmers for trespassing on lands seized near Eastern Central Command base in Kho Lam, Namzarng township
47 farmers are facing charges for trespassing on their own farmlands, seized by the Burma Army at Kho Lam, Namzarng township, where the Eastern Central Regional Command is located.
The criminal trespassing charges, under Article 447 of the Penal Code, have been brought by Burma Army Infantry Battalion (IB) 66, whose base lies directly east of Kho Lam, adjoining the seized lands.
The 47 farmers were summoned to Namzarng Court to hear the charges on June 9, 2020, and called to report again at the court on June 18, June 24, June 29, and July 10.
The farmers are from Quarters 1, 2, 3 and 6 of Kho Lam town. They have been using over 400 acres of land east of the town to grow cash crops of corn, rice, sesame and peanuts, enabling them to earn an annual income of about 2 million kyat (over 1,400 US dollars) each. They have been threatened since August 2019 to stop using this land, with IB 66 posting signboards around the farms and later sending in troops to intimidate the farmers.
Military seizure of land around Kho Lam has been taking place since 1996-1998, when the Burma Army carried out a massive scorched earth program in central and southern Shan State, to crush the newly reformed Shan State Army (now the Restoration Council of Shan State/Shan State Army – RCSS/SSA). The entire eastern half of Namzarng township was forcibly depopulated, with about 40,000 villagers driven at gunpoint into two main relocation sites on the main road, one of which was Kho Lam.
Thousands of villagers were driven into squalid makeshift camps around Kho Lam, where scores died – of disease and hunger, or killed by Burma Army troops when they tried to sneak back home to find food. Many fled to Thailand for survival, where they remain until today.
Since that time, the Burma Army began seizing thousands of acres of land to set up military bases around Kho Lam, due to its strategic location at a crossroads linking all parts of Shan State. In 2010, the Eastern Central Command was established in Kho Lam – the newest of the 14 Regional Commands in Burma, and the fourth in Shan State — overseeing 26 infantry battalions, tasked with occupying and controlling the same resource-rich areas of central and southern Shan State forcibly depopulated over 20 years ago.
Despite existing ceasefires, troops from the Eastern Central Regional Command have continued aggression against ethnic resistance forces, attacking RCSS/SSA camps and shelling IDP areas along the Thai border. They have also deliberately obstructed activities under the peace process: blocking community dialogues organised by the RCSS/SSA, blocking passage to attend peace meetings, and, most recently, blocking RCSS/SSA from carrying out Covid-19 prevention activities in villages.
This latest seizure of ethnic lands for military expansion is just another example of the Burma Army’s insincerity towards the peace process, and their contempt for the rights of local civilians.
We strongly condemn the Burma Army’s continued military expansion and land grabbing throughout the country, and demand that the unjust charges against these 47 farmers in Kho Lam be dropped immediately, and they be allowed to continue cultivating their lands without threats and harassment.
Details of the case against the 47 farmers in Kho Lam
The Burma Army first threatened to sue the farmers in August 2019. An officer from IB 66 called Captain Nyan Lin Htun called the farmers to the General Administration Department (GAD) office in Namzarng town on August 12, 2019, and asked them to sign documents that they were using land belonging to the military. However, the farmers refused to sign, as this would mean giving up their own claims to the land. Two of the farmers have 105 land title documents, but these are not being recognized by the military.
In August 2019, the military started putting up signs at the land, stating that it belonged to the army.
The farmers were called again several times to the Namzarng GAD office to sign that the land belonged to the military: on September 23, October 27, and December 17, 2019. Each time they refused to sign, and carried on cultivating their lands.
On December 20, 2019, seven of the farmers were called to the police station in Kho Lam and informed that they were being charged by the military. On subsequent days, the rest of the farmers were called to the police station in groups of ten, and informed they were being charged.
The farmers did not stop cultivating their lands. On December 28, 2019, and again on March 10, 2020, the military posted further signs on the lands, saying it belonged to the army. They also sent about five soldiers to the farmlands, to warn the farmers not to work there.
The farmers, however, continued to cultivate their lands.
Finally, on June 9, 2020, the 47 farmers were summoned to Namzarng Court, and were informed that they were being charged by IB 66 for trespassing on military-owned land under Article 447 of the Penal Code. Some local community leaders provided guarantees for the farmers, so they were not detained. However, since then, the farmers have been forced to go and report themselves frequently at the court: on June 18, June 24, June 29, and July 10. Each time, the farmers have to waste a whole day travelling by truck to and from the court in Namzarng, which is about one hour’s drive from Kho Lam.
The farmers are seeking ways to fight the case, and to keep their lands.
List of farmers being charged
(in Kho Lam town)
Contact:
Sai Hor Hseng +66 94-728-6696 (Shan, English)
Sai Yord Leun +66: 97-173-1530 (Shan, Burmese)
PDF files: >>> Shan| Burmese| English
https://www.shanhumanrights.org
The Network for Human Rights Documentation-Burma Calls for Accountability in Ta’ang Rape Case
/in Press Releases and StatementsThe Network for Human Rights Documentation-Burma Calls for Accountability in
Ta’ang Rape Case
For Immediate Release
20 July 2020: On 17 June 2020, the Network for Human Rights Documentation Burma (ND-Burma) was made aware by Ta’ang civil society organizations that a young girl from northern Shan state was sexually exploited and assaulted by the Restoration Council of Shan State (RCSS-SSA). ND-Burma condemns this violation of rights and urges all armed organizations to respect the lives and property of civilians.
There has been an increased military presence in northern Shan state over the last two months as the Burma Army expands their troops. This has contributed to unrest and instability, which has left many villagers fearful and concerned for their safety. The survivor of the attack said the perpetrator is Sai Aike Pan from the RCSS-SSA.
Ta’ang and Shan civil society organizations who are seeking truth and justice for the survivor are experiencing problems negotiating with the RCSS-SSA, including unsuccessful attempts to meet with them. The RCSS has denied an interview with the She Phee Myay news agency, the first media group to report on this incident. The civil society organizations involved, as well as the victim and her family have all received threats by RCSS-SSA.
We do not accept the lack of accountability from a human rights or rule of law perspective. The RCSS-SSA is a signatory to the Nationwide Ceasefire Agreement and in November 2019, signed the Geneva Call’s Deed of Commitment, which calls for protecting children in armed conflict, committing to prohibit the use of children in hostilities[1]. However, this case shows that civilians are targeted by the both armed organizations during the fighting between the Burma Army and Ethnic Armed Organizations (EAOs). These types of abuses are not only taking place in Shan state but in all areas where there is active armed conflict. Unresolved incidents in ethnic areas can lead to an increase in ethnic tensions, which would have longer lasting impacts on the national reconciliation and peace process in Burma. Ignoring cases of human rights abuses puts the safety of civilians at an increased risk of these crimes taking place again.
Further, ND-Burma calls for respect for human rights to be upheld. Human rights violations against civilians must be investigated and those responsible tried and be held accountable for their crimes. All the armed organizations, including the Burma Army and EAOs must respect, promote and practice human rights norms in line with international standards.
Media contact
Lway Poe Jay
Phone – 09264162229
Full members
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[1] https://www.genevacall.org/the-restoration-council-of-shan-state-signs-geneva-calls-deed-of-commitment-for-the-protection-of-children-from-the-effects-of-armed-conflict/?fbclid=IwAR3I4P1ZHn8gUxSM5T_d0loizFdj8HoFxQU3boXpaFPdV2XkJw_gKwRngRg
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Submission to the United Nations Universal Periodic Review Thirty-Seventh Session of the Working Group
/in ND-Burma's Reports, Periodic ReportExecutive Summary
This submission by the Network for Human Rights Documentation Burma (ND-Burma) addresses the peace process and armed conflict in Myanmar. Using case-studies from our reports and briefing papers with documentation supported by our members, the sections provide situational context to the security concerns expressed by civilians and civil-society.
The human rights situation in Myanmar has deteriorated under the current quasi-civilian government 2 led by the National League for Democracy (NLD). State Counsellor, Daw Aung San Suu Kyi maintains favorable status among the Bamar majority, though ethnic civilians have distanced their loyalty as she has stood by the military against the backdrop of violations.
The Nationwide Ceasefire Agreement (NCA) has been signed by ten ethnic armed organizations (EAOs). It was agreed upon by the majority of the parties in 2015, with the process being initiated by the former military government in 2011. Despite the intentions of the NCA to halt military operations between the Myanmar Army and EAOs, clashes continue.
Approximately 21 EAOs have been engaged in the NCA process through formal and informal capacities. The EAOs who have decided to not participate chose to become affiliated with the 16-member National Ceasefire Coordination Team, which was established in 2013 and is considered the main organization in peace negotiations with the government. When the NLD took the office, they established National Reconciliation and Peace Center (NRPC) and Union Peace Dialogue Joint Committee, which is under the NRPC and includes government, parliament, the Myanmar Army, EAOs (signatories) and representatives from successful parties in the election.
It has become clear that despite the declaration of unilateral ceasefires agreements in conflict-affected northern Myanmar, these commitments are not sincere as the Myanmar Army continues to wage war.
According to ND-Burma’s documentation, the main human rights abuses civilians suffered from were indiscriminate gunfire, shelling and aerial bombardments, torture leading to deaths and injuries; extrajudicial killings; injuries and deaths due to landmines; inhumane and degrading treatment; arbitrary arrest, detention, forced disappearance; rape and sexual violence.
Our submission concludes that the Myanmar Army continues to use strategic military tactics designed to intimidate and isolate villagers to prolong the civil war, rather than seek peaceful alternatives to conflict.
Press Release: IDP Communities Struggling to Survive as COVID-19 Restrictions and Quarantine Measures Causing Destitution in Southeastern Burma/Myanmar
/in Member statementsHuman Rights Foundation of Monland
For Immediate Release
HURFOM, 15 July 2020: Internally Displaced Persons (IDPs) in remote communities in southeast Burma/Myanmar are struggling to survive. COVID-19-related restrictions on the freedom of movement in these areas—often under the administration of multiple ethnic armed organizations (EAOs)—make it almost impossible for villagers to access livelihoods, generating looming food shortages, exacerbated by the start of the rainy season. In response to these issues, HURFOM is publishing: “Left Behind and Destitute: How IDP Communities in Southern Burma/Myanmar Are Struggling to Survive during COVID–19” (English / Burmese).
d“Most of us have been moving into a situation of destitution. Yes, the situation is one of moving from poverty into destitution, and this virus [COVID–19] has made us increasingly isolated by the lockdown,” said 44-year-old Nai San Oo. “New regulations and rules make it very hard to access our jobs; we cannot afford to feed our families. Now that some restrictions are lifted, it is already too late, and the rainy season has begun. We did not have a chance to work to collect and store foods during the dry season.”
Like much of the rest of the world, movement restrictions aimed at curbing the spread of the virus have had severe economic consequences for Burma/Myanmar. On 28 April 2020, the Union Government launched its COVID-19 Economic Relief Plan, intended to alleviate the economic fallout caused by the pandemic. Among its seven goals and 76 actions, includes mitigation strategies aimed at the household level, including cash transfers to the most vulnerable and in need, including IDPs. Aung San Suu Kyi praised the plan, claiming it left no one behind. However, our data shows that some remote IDP communities are being left behind and in danger of experiencing severe food shortages.
“It is hard for me to say ‘NO’ when my children come and ask for more food,” said mother of three, Mi San San Aye. “I know that we cannot feed them enough. This is the hardest time for me during these lockdown periods. My husband left me…about 2 years ago, and I tried to survive on my own, collecting tall grasses and working in the rubber plantation.”
Compounding these issues are the large numbers of returning migrants from foreign countries, themselves out of work due to stringent government restrictions enacted to curb the spread of COVID-19 and which are placing enormous pressure on communities in Mon and Karen states. Already stretched thin as they grapple with their own government’s orders restricting citizens’ movements and thus their ability to work and generate an income, these IDP communities are now faced with an increasing number of returning migrant workers who they must also support.
According to Nai Shwe Win, an activist in Mae Ga Row village, Kyaikmayaw Township, “The government gave nothing but instructions. There was no practical support. Nearly all villages in Kyaikmayaw Township has difficulty taking care of the returnees and their health. The organization donated a thermometer and another Mon organization supported us with hand sanitizer, masks, and brochures. I saw that my village followed the government’s instructions well, even though there was no support from them [government]. I want to request the government to support people with equipment and material in order to allow them to be able to follow the government’s instruction.”
The full report can be found below:
“Left Behind and Destitute: How IDP Communities in Southern Burma/Myanmar Are Struggling to Survive during COVID–19” (English / Burmese).
For media enquiries:
Nai Bnyair Ogvon
Burmese & English +95 996 191 9757
Nai Aue Mon
Mon, Burmese & English +66 861 679 741
Email: info@rehmonnya.org, auemon@rehmonnya.org, ogvon@rehmonnya.org
Website: www.rehmonnya.org
AASYC Submission to the UN Universal Periodic Review (UPR) to the 37th Session of the Human Rights Council. The report titlled Human Rights Violations in the Armed Conflicts in Arakan, Burma/Myanmar.
/in ND-Burma Members' ReportsDownload Full Report
June Justice Newsletter (June 2020)
/in Justice NewslettersConflict Continues Amid the Pandemic, Fueling Insecurity and Unrest in Burma
COVID-19 has continued to further expose the quickly deteriorating human rights situation in Burma. The escalation of fighting amid the pandemic has allowed more violations to take place with impunity. This month, conflict escalated in Rakhine State as several human rights groups released documentation on the extent of the alleged abuses, calling for immediate lifts on restrictions to humanitarian aid. Frontline volunteers have also spoken out, saying gaps remain in COVID-19 response and are appealing to the National League for Democracy government to provide safety equipment and training to those supporting the relief effort. Perhaps even more concerning are those who have been detained for attempting to transport food to IDPs as was the case for 12 individuals who appeared in court in Mrauk-U on 23 June. The need for food and materials has been compromised, particularly in Rakhine and Chin by fighting, where the Burma Army has blocked land and water food supply lines. Challenges remain and are fueling insecurities in communities.
At the beginning of the month, the Ta’ang National Liberation Army (TNLA), the Myanmar National Democratic Alliance Army and the Arakan Army released a statement with an offer to extend a bilateral ceasefire with the Burma Army to advance further peace negotiations. In response, the President’s Office spokesperson said the government would be continuing their operations in Rakhine, justifying it on the basis that the recently branded ‘terrorist organization’, the Arakan Army, is committing extremist acts. Meanwhile, the peace process has emerged as a distant prospect for reconciliation, especially as political parties focus their energy on the upcoming November election. In a piece from Frontier Myanmar, Sithu Aung Myint, writes that genuine peace in Burma is truly only possible if all stakeholders (namely the government, EAOs and Burma Army) are willing to negotiate and make compromises.
This month, the United Nations Human Rights Council adopted a resolution on human rights in Burma. The country has been told to grant ‘full and unhindered access’ to diplomats, independent observers and the media. Burma rejected the draft resolution, which though unsurprising sets a worrying tone for the future of the country’s affairs.
Rakhine State
Rakhine Leaders Submit Resignation Over Fears of Arrest | 5 June 2020
Out of fear of arrest by the Burma Army, over 50 village and ward administrators in Myebon township quit after three colleagues were detained on terrorism charges. COVID-19 has also exacerbated fears further with government soldiers increasing seizures and arrests, and expanding operations.
Shelling in Sittwe Kills One, Injures Five | 11 June 2020
A 7th grade student was one of the victims injured by shelling during clashes between the Burma Army and the Arakan Army. Another woman in her 90s was killed. Fighting continues in Western Burma despite ceasefire calls.
Burma Army Orders Villagers to Leave for Clearance Operations | 26 June 2020
Over 10,000 people were forced to leave their homes so the Burma Army could advance their operations against the Arakan Army. Those forced to flee were from 17 communities living in Kyauktan village. Over 160 000 civilians have been displaced across the 18-month civil war.
Following this order, the embassies of Australia, Canada, the US and UK governments expressed concern over the clearance operations writing that the ‘protection of civilians, their property and livelihoods by all parties must be prioritized.’ The United Nations also articulated worry about the humanitarian impact of conflict in Rakhine and Southern Chin States calling on ‘all parties to respect international humanitarian law.’
Clashes in Rathedaung Injure IDP | 26 June 2020
A civilian living in an IDP camp near the town of Rathedaung was shot in both legs during fighting between the Burma Army and Arakan Army.
Chin State
Bombing in Western Burma, Injures & Kills Civilians | 6 June 2020
Chin villagers have been forced to flee heavy fighting between the Burma Army and the Arakan Army. A bombing in Paletwa wounded 12 and killed 9. The devastating loss of life continues to take place without accountability.
Shan State
Pa-O Farmers Face Trial | 11 June 2020
Farmers in southern Shan likely face trial as the Burma Army refuses to drop trespassing charges against them over a land dispute. Over 200 civil society organizations accused the Burma Army of confiscating and destroying local land. Land confiscation amid COVID-19 has been a reoccurring instance in Shan State, as well as in Rakhine.
Burma Army and the RCSS Clashed in Hsipaw | 15 June 2020
While there are no reported casualties, fighting between the Restoration Council of Shan State and the Burma Army broke out in Hsipaw, where farmers are concerned that their harvest before monsoon will be delayed because of ongoing clashes.
Justice Delayed, Justice Denied say Shan Human Rights Groups on Anniversary of Hsai Khao and Tad Fa Ho Massacres | 16 June 2020
Shan human rights groups are still waiting for justice in remembrance of the 56 villagers massacred by the Burma Army, 23-years ago in Kunhing township. The lost lives marked the largest single-day killing during the clearance operations in Shan State between 1996-98.
Farmers Trapped in Conflict Zone | 20 June 2020
When fighting slowed in Kutkai, Shan State, IDPs worked on rotational farms. The recent escalation in clashes now has them trapped in the middle of a conflict zone where fears from their families has been heightened by a lack of information about their safety.
KIA, Burma Army Clash for Four Days | 22 June 2020
Tensions in Shan State have been increasing as the Burma Army and Kachin Independence Army (KIA) have clashed for four days straight in Kutkai township, northern Shan. Fighting is taking place despite the Burma Army issuing a unilateral ceasefire from 10 May to the end of August. The KIA has not signed the Nationwide Ceasefire Agreement.
Burma Army Fires Artillery Shell into Kyaukme, Killing Civilian | 30 June 2020
Indiscriminate shelling by the Burma Army in Pankyan village in northern Shan killed a man and injured a woman. Burma Army deployments in eastern Shan are also threatening the safety and security of IDPs along the Thai border as over 800 troops entered the area in June as military tensions increase with the Restoration Council of Shan State.
Karen State
Mutraw District Shelled by Burma Army, Civilians Wounded | 2 June 2020
Two civilians were wounded in Wah Klo Htar village when the Burma Army indiscriminately shelled into villages in Mutraw district. The father and daughter who were struck were immediately rushed to the hospital and discharged with non-life-threatening injuries. According to the Karen National Union, the Burma Army has increased their military operations in border areas and displaced civilians.
Free Burma Rangers Documents Rights Abuses in Karen State | 3 June 2020
Documentation by Free Burma Rangers revealed human rights abuses by the Burma Army including shelling and killing of activist, Saw They Mi. Their operations also forcibly displaced over 100 villagers.
KNU Says the Government Used the NCA to Increase Troops | 3 June 2020
Statement by the Karen National Union (KNU) alleges the Burma Army took advantage of the Nationwide Ceasefire Agreement by doubling the number of troops in Karen State in Brigades 5 and 7. Under the agreement signed in 2012 between the KNU and the Burma Army, troop movements must be in consultation with the two parties. Civilians have been forcibly displaced as a result.
Karen Peace Support Network Release Report on Destruction of COVID-19 Checkpoints | 16 June 2020
The Karen Peace Support Network released a short report on the destruction of COVID-19 checkpoints, which detailed the Burma Army’s new offensive in Mutraw District.
Karen Human Rights Group Releases Statement on the International Day for the Elimination of Sexual Violence in Conflict | 22 June 2020
In marking the International Day for the Elimination of Sexual Violence in Conflict, Karen Human Rights Group called on the Burma government and Army to investigate past sexual abuses across Burma and ensure that those responsible are held accountable without giving any excuses.
Kachin State
Anniversary Marks Nine Years of Conflict in Kachin | 9 June 2020
On the nine-year anniversary of armed conflict resuming in Kachin State, the Joint Strategy Team called for humanitarian needs to be met in northern Burma. To date, the war has displaced over 120 000 civilians over 170 camps across Kachin and northern Shan State. ND-Burma member, the Kachin Women’s Association Thailand joined the call.
Then, just after the nine-year marking of renewed fighting, the Burma Army and Kachin Independence Army clashed in northern Shan State. Civilians expressed fear and concern over the escalating fighting, stating that they ‘not dare go outside their homes.’
IDPs in Laiza, Kachin State have also called for aid to repair broken shelters as a result of heavy rains and strong winds.
Freedom of Expression
Freedom of expression also continued to decline, leading the United Nations High Commissioner for Human Rights, Michelle Bachelet to speak out against censorship amid COVID-19. She called for the stop of misinformation or else the credibility of institutions will only be weakened further.
More Charges for Peacock Generation Performers | 11 June 2020
Peacock Generation street performers were sentenced with additional charges for their satirical performance about the Burma Army. The sentencing speaks volumes to the decline of freedom of expression in the country and rising censorship.
Open Letter to the President and the State Counsellor of the Republic of the Union of Myanmar on Internet Shutdown | 19 June 2020
Arakanese political parties, civil society organizations and the media addressed Burma’s democratic transition in their letter expressing concern over the Internet shutdown in Rakhine and Chin where approximately 800,000 people have been impacted.
One Year of Internet Ban in Rakhine, Chin | 21 June 2020
In February 2020, the Ministry of Transport and Communications announced they were imposing an information shutdown in five townships in conflict torn Rakhine and Chin States. The reinstatement followed previous restrictions on mobile Internet in nine townships nearly one year ago on 21 June 2019. The decision immediately came under fire by international human rights watchdogs including Human Rights Watch, Fortify Rights and independent experts appointed by the Human Rights Council.
Over a year later, activists continue to call for the lift of the world’s longest Internet shutdown. The government has given no indication of resuming access to the thousands of civilians impacted by the shutdown, despite the vital need for information especially in the wake of the COVID-19 pandemic which has so far claimed the lives of six individuals and infected nearly 300. Six activists were charged by the Burma police for protesting the Internet ban, and have been taken into custody for hanging posters in Yangon on 21 June. The banner called into question the integrity of the Internet ban, suggesting it as a coverup to possible atrocities.
It is also worth noting that the number of clashes has doubled after Internet shutdown.
Member Update
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:
Affiliate Members: