UPR (Universal Periodic Review) Midterm Planning Meeting

“UPR (Universal Periodic Review) Midterm Planning Meeting” was held with members from Burma/Myanmar UPR Forum and some representatives from CSOs in Myanmar for three days, on 13 to15 February at Central Hotel in Myanmar.
30 representatives participated in the meeting and discussed about UPR midterm report to be submitted. Executive Director of Equality Myanmar, U Aung Myo Min, facilitated the meeting and Ma Cheery Zahua presented and explained about examples of UPR midterm report submitted by other governments and NGOs as a researcher.

During the days of the meeting, the participants learned about all the recommendations accepted by Myanmar government. Based on the accepted recommendations, the participants categorized thematic issues to be included in the midterm report, including emerging issues which are not accepted by Myanmar government though.

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Massacre in Myanmar (A REUTERS SPECIAL REPORT)

How Myanmar forces burned, looted and killed in a remote village

On Sept. 2, Buddhist villagers and Myanmar troops killed 10 Rohingya men in Myanmar’s restive Rakhine state. Reuters uncovered the massacre and has pieced together how it unfolded. During the reporting of this article, two Reuters journalists were arrested by Myanmar police.

Filed 

INN DIN, Myanmar – Bound together, the 10 Rohingya Muslim captives watched their Buddhist neighbors dig a shallow grave. Soon afterwards, on the morning of Sept. 2, all 10 lay dead. At least two were hacked to death by Buddhist villagers. The rest were shot by Myanmar troops, two of the gravediggers said.

“One grave for 10 people,” said Soe Chay, 55, a retired soldier from Inn Din’s Rakhine Buddhist community who said he helped dig the pit and saw the killings. The soldiers shot each man two or three times, he said. “When they were being buried, some were still making noises. Others were already dead.”

The killings in the coastal village of Inn Din marked another bloody episode in the ethnic violence sweeping northern Rakhine state, on Myanmar’s western fringe. Nearly 690,000 Rohingya Muslims have fled their villages and crossed the border into Bangladesh since August. None of Inn Din’s 6,000 Rohingya remained in the village as of October.

The Rohingya accuse the army of arson, rapes and killings aimed at rubbing them out of existence in this mainly Buddhist nation of 53 million. The United Nations has said the army may have committed genocide; the United States has called the action ethnic cleansing. Myanmar says its “clearance operation” is a legitimate response to attacks by Rohingya insurgents.

Rohingya trace their presence in Rakhine back centuries. But most Burmese consider them to be unwanted immigrants from Bangladesh; the army refers to the Rohingya as “Bengalis.” In recent years, sectarian tensions have risen and the government has confined more than 100,000 Rohingya in camps where they have limited access to food, medicine and education.

Reuters has pieced together what happened in Inn Din in the days leading up to the killing of the 10 Rohingya – eight men and two high school students in their late teens.

Until now, accounts of the violence against the Rohingya in Rakhine state have been provided only by its victims. The Reuters reconstruction draws for the first time on interviews with Buddhist villagers who confessed to torching Rohingya homes, burying bodies and killing Muslims.

This account also marks the first time soldiers and paramilitary police have been implicated by testimony from security personnel themselves. Members of the paramilitary police gave Reuters insider descriptions of the operation to drive out the Rohingya from Inn Din, confirming that the military played the lead role in the campaign.

The slain men’s families, now sheltering in Bangladesh refugee camps, identified the victims through photographs shown to them by Reuters. The dead men were fishermen, shopkeepers, the two teenage students and an Islamic teacher.

Three photographs, provided to Reuters by a Buddhist village elder, capture key moments in the massacre at Inn Din, from the Rohingya men’s detention by soldiers in the early evening of Sept. 1 to their execution shortly after 10 a.m. on Sept. 2. Two photos – one taken the first day, the other on the day of the killings – show the 10 captives lined up in a row, kneeling. The final photograph shows the men’s bloodied bodies piled in the shallow grave.

The Reuters investigation of the Inn Din massacre was what prompted Myanmar police authorities to arrest two of the news agency’s reporters. The reporters, Burmese citizens Wa Lone and Kyaw Soe Oo, were detained on Dec. 12 for allegedly obtaining confidential documents relating to Rakhine.

Then, on Jan. 10, the military issued a statement that confirmed portions of what Wa Lone, Kyaw Soe Oo and their colleagues were preparing to report, acknowledging that 10 Rohingya men were massacred in the village. It confirmed that Buddhist villagers attacked some of the men with swords and soldiers shot the others dead.

The statement coincided with an application to the court by prosecutors to charge Wa Lone and Kyaw Soe Oo under Myanmar’s Official Secrets Act, which dates back to the time of colonial British rule. The charges carry a maximum 14-year prison sentence.

But the military’s version of events is contradicted in important respects by accounts given to Reuters by Rakhine Buddhist and Rohingya Muslim witnesses. The military said the 10 men belonged to a group of 200 “terrorists” that attacked security forces. Soldiers decided to kill the men, the army said, because intense fighting in the area made it impossible to transfer them to police custody. The army said it would take action against those involved.

Buddhist villagers interviewed for this article reported no attack by a large number of insurgents on security forces in Inn Din. And Rohingya witnesses told Reuters that soldiers plucked the 10 from among hundreds of men, women and children who had sought safety on a nearby beach.

Scores of interviews with Rakhine Buddhist villagers, soldiers, paramilitary police, Rohingya Muslims and local administrators further revealed:

• The military and paramilitary police organized Buddhist residents of Inn Din and at least two other villages to torch Rohingya homes, more than a dozen Buddhist villagers said. Eleven Buddhist villagers said Buddhists committed acts of violence, including killings. The government and army have repeatedly blamed Rohingya insurgents for burning villages and homes.

• An order to “clear” Inn Din’s Rohingya hamlets was passed down the command chain from the military, said three paramilitary police officers speaking on condition of anonymity and a fourth police officer at an intelligence unit in the regional capital Sittwe. Security forces wore civilian clothes to avoid detection during raids, one of the paramilitary police officers said.

• Some members of the paramilitary police looted Rohingya property, including cows and motorcycles, in order to sell it, according to village administrator Maung Thein Chay and one of the paramilitary police officers.

• Operations in Inn Din were led by the army’s 33rd Light Infantry Division, supported by the paramilitary 8th Security Police Battalion, according to four police officers, all of them members of the battalion.

The killings in Inn Din

Michael G. Karnavas, a U.S. lawyer based in The Hague who has worked on cases at international criminal tribunals, said evidence that the military had organized Buddhist civilians to commit violence against Rohingya “would be the closest thing to a smoking gun in establishing not just intent, but even specific genocidal intent, since the attacks seem designed to destroy the Rohingya or at least a significant part of them.”

Evidence of the execution of men in government custody also could be used to build a case of crimes against humanity against military commanders, Karnavas said, if it could be shown that it was part of a “widespread or systematic” campaign targeting the Rohingya population. Kevin Jon Heller, a University of London law professor who served as a legal associate for convicted war criminal and former Bosnian Serb leader Radovan Karadzic, said an order to clear villages by military command was “unequivocally the crime against humanity of forcible transfer.”

In December, the United States imposed sanctions on the army officer who had been in charge of Western Command troops in Rakhine, Major General Maung Maung Soe. So far, however, Myanmar has not faced international sanctions over the violence. Myanmar’s leader, Aung San Suu Kyi, has disappointed many former supporters in the West by not speaking out against the army’s actions. They had hoped the election of her National League for Democracy party in 2015 would bring democratic reform and an opening of the country. Instead, critics say, Suu Kyi is in thrall to the generals who freed her from house arrest in 2010.

Asked about the evidence Reuters has uncovered about the massacre, government spokesman Zaw Htay said, “We are not denying the allegations about violations of human rights. And we are not giving blanket denials.” If there was “strong and reliable primary evidence” of abuses, the government would investigate, he said. “And then if we found the evidence is true and the violations are there, we will take the necessary action according to our existing law.”

When told that paramilitary police officers had said they received orders to “clear” Inn Din’s Rohingya hamlets, he replied, “We have to verify. We have to ask the Ministry of Home Affairs and Myanmar police forces.” Asked about the allegations of looting by paramilitary police officers, he said the police would investigate.

He expressed surprise when told that Buddhist villagers had confessed to burning Rohingya homes, then added, “We recognize that many, many different allegations are there, but we need to verify who did it. It is very difficult in the current situation.”

Zaw Htay defended the military operation in Rakhine. “The international community needs to understand who did the first terrorist attacks. If that kind of terrorist attack took place in European countries, in the United States, in London, New York, Washington, what would the media say?”

NEIGHBOR TURNS ON NEIGHBOR

Inn Din lies between the Mayu mountain range and the Bay of Bengal, about 50 km (30 miles) north of Rakhine’s state capital Sittwe. The settlement is made up of a scattering of hamlets around a school, clinic and Buddhist monastery. Buddhist homes cluster in the northern part of the village. For many years there had been tensions between the Buddhists and their Muslim neighbors, who accounted for almost 90 percent of the roughly 7,000 people in the village. But the two communities had managed to co-exist, fishing the coastal waters and cultivating rice in the paddies.

In October 2016, Rohingya militants attacked three police posts in northern Rakhine – the beginning of a new insurgency. After the attacks, Rohingya in Inn Din said many Buddhists stopped hiring them as farmhands and home help. The Buddhists said the Rohingya stopped showing up for work.

On Aug. 25 last year, the rebels struck again, hitting 30 police posts and an army base. The closest attack was just 4 km to the north. In Inn Din, several hundred fearful Buddhists took refuge in the monastery in the center of the village, more than a dozen of their number said. Inn Din’s Buddhist night watchman San Thein, 36, said Buddhist villagers feared being “swallowed up” by their Muslim neighbors. A Buddhist elder said all Rohingya, “including children,” were part of the insurgency and therefore “terrorists.”

On Aug. 27, about 80 troops from Myanmar’s 33rd Light Infantry Division arrived in Inn Din, nine Buddhist villagers said. Two paramilitary police officers and Soe Chay, the retired soldier, said the troops belonged to the 11th infantry regiment of this division. The army officer in charge told villagers they must cook for the soldiers and act as lookouts at night, Soe Chay said. The officer promised his troops would protect Buddhist villagers from their Rohingya neighbors. Five Buddhist villagers said the officer told them they could volunteer to join security operations. Young volunteers would need their parents’ permission to join the troops, however.

The army found willing participants among Inn Din’s Buddhist “security group,” nine members of the organization and two other villagers said. This informal militia was formed after violence broke out in 2012 between Rakhine’s Buddhists and Rohingya Muslims, sparked by reports of the rape and murder of a Buddhist woman by three Muslim men. Myanmar media reported at the time that the three were sentenced to death by a district court.

Inn Din’s security group built watch huts around the Buddhist part of the village, and its members took turns to stand guard. Its ranks included Buddhist firefighters, school teachers, students and unemployed young men. They were useful to the military because they knew the local geography, said Inn Din’s Buddhist administrator, Maung Thein Chay.

Most of the group’s 80 to 100 men armed themselves with machetes and sticks. They also had a handful of guns, according to one member. Some wore green fatigue-style clothing they called “militia suits.”

In the days that followed the 33rd Light Infantry’s arrival, soldiers, police and Buddhist villagers burned most of the homes of Inn Din’s Rohingya Muslims, a dozen Buddhist residents said.

Two of the paramilitary police officers, both members of the 8th Security Police Battalion, said their battalion raided Rohingya hamlets with soldiers from the newly arrived 33rd Light Infantry. One of the police officers said he received verbal orders from his commander to “go and clear” areas where Rohingya lived, which he took to mean to burn them.

The second police officer described taking part in several raids on villages north of Inn Din. The raids involved at least 20 soldiers and between five and seven police, he said. A military captain or major led the soldiers, while a police captain oversaw the police team. The purpose of the raids was to deter the Rohingya from returning.

“If they have a place to live, if they have food to eat, they can carry out more attacks,” he said. “That’s why we burned their houses, mainly for security reasons.”

“I want to be transparent on this case. I don’t want it to happen like that in the future.”

A Rakhine Buddhist elder, explaining why he chose to speak to Reuters about the killings

Soldiers and paramilitary police wore civilian shirts and shorts to blend in with the villagers, according to the second police officer and Inn Din’s Buddhist administrator, Maung Thein Chay. If the media identified the involvement of security personnel, the police officer explained, “we would have very big problems.”

A police spokesman, Colonel Myo Thu Soe, said he knew of no instances of security forces torching villages or wearing civilian clothing. Nor was there any order to “go and clear” or “set fire” to villages. “This is very much impossible,” he told Reuters. “If there are things like that, it should be reported officially, and it has to be investigated officially.”

“As you’ve told me about these matters now, we will scrutinize and check back,” he added. “What I want to say for now is that as for the security forces, there are orders and instructions and step-by-step management, and they have to follow them. So, I don’t think these things happened.”

The army did not respond to a request for comment.

A medical assistant at the Inn Din village clinic, Aung Myat Tun, 20, said he took part in several raids. “Muslim houses were easy to burn because of the thatched roofs. You just light the edge of the roof,” he said. “The village elders put monks’ robes on the end of sticks to make the torches and soaked them with kerosene. We couldn’t bring phones. The police said they will shoot and kill us if they see any of us taking photos.”

The night watchman San Thein, a leading member of the village security group, said troops first swept through the Muslim hamlets. Then, he said, the military sent in Buddhist villagers to burn the houses.

“We got the kerosene for free from the village market after the kalars ran away,” he said, using a Burmese slur for people from South Asia.

A Rakhine Buddhist youth said he thought he heard the sound of a child inside one Rohingya home that was burned. A second villager said he participated in burning a Rohingya home that was occupied.

Soe Chay, the retired soldier who was to dig the grave for the 10 Rohingya men, said he participated in one killing. He told Reuters that troops discovered three Rohingya men and a woman hiding beside a haystack in Inn Din on Aug. 28. One of the men had a smartphone that could be used to take incriminating pictures.

The soldiers told Soe Chay to “do whatever you want to them,” he said. They pointed out the man with the phone and told him to stand up. “I started hacking him with a sword, and a soldier shot him when he fell down.”

Similar violence was playing out across a large part of northern Rakhine, dozens of Buddhist and Rohingya residents said.

Data from the U.N. Operational Satellite Applications Programme shows scores of Rohingya villages in Rakhine state burned in an area stretching 110 km. New York-based Human Rights Watch says more than 350 villages were torched over the three months from Aug. 25, according to an analysis of satellite imagery.

In the village of Laungdon, some 65 km north of Inn Din, Thar Nge, 38, said he was asked by police and local officials to join a Buddhist security group. “The army invited us to burn the kalar village at Hpaw Ti Kaung,” he said, adding that four villagers and nearly 20 soldiers and police were involved in the operation. “Police shot inside the village so all the villagers fled and then we set fire to it. Their village was burned because police believed the villagers supported Rohingya militants – that’s why they cleaned it with fire.”

A Buddhist student from Ta Man Tha village, 15 km north of Laungdon, said he too participated in the burning of Rohingya homes. An army officer sought 30 volunteers to burn “kalar” villages, said the student. Nearly 50 volunteered and gathered fuel from motorbikes and from a market.

“They separated us into several groups. We were not allowed to enter the village directly. We had to surround it and approach the village that way. The army would shoot gunfire ahead of us and then the army asked us to enter,” he said.

“Muslim houses were easy to burn because of the thatched roofs. You just light the edge of the roof.”

Buddhist villager Aung Myat Tun

After the Rohingya had fled Inn Din, Buddhist villagers took their property, including chickens and goats, Buddhist residents told Reuters. But the most valuable goods, mostly motorcycles and cattle, were collected by members of the 8th Security Police Battalion and sold, said the first police officer and Inn Din village administrator Maung Thein Chay. Maung Thein Chay said the commander of the 8th Battalion, Thant Zin Oo, struck a deal with Buddhist businessmen from other parts of Rakhine state and sold them cattle. The police officer said he had stolen four cows from Rohingya villagers, only for Thant Zin Oo to snatch them away.

Reached by phone, Thant Zin Oo did not comment. Colonel Myo Thu Soe, the police spokesman, said the police would investigate the allegations of looting.

By Sept. 1, several hundred Rohingya from Inn Din were sheltering at a makeshift camp on a nearby beach. They erected tarpaulin shelters to shield themselves from heavy rain.

Among this group were the 10 Rohingya men who would be killed the next morning. Reuters has identified all of the 10 by speaking to witnesses among Inn Din’s Buddhist community and Rohingya relatives and witnesses tracked down in refugee camps in Bangladesh.

Five of the men, Dil Mohammed, 35, Nur Mohammed, 29, Shoket Ullah, 35, Habizu, 40, and Shaker Ahmed, 45, were fishermen or fish sellers. The wealthiest of the group, Abul Hashim, 25, ran a store selling nets and machine parts to fishermen and farmers. Abdul Majid, a 45-year-old father of eight, ran a small shop selling areca nut wrapped in betel leaves, commonly chewed like tobacco. Abulu, 17, and Rashid Ahmed, 18, were high school students. Abdul Malik, 30, was an Islamic teacher.

 

According to the statement released by the army on Jan. 10, security forces had gone to a coastal area where they “were attacked by about 200 Bengalis with sticks and swords.” The statement said that “as the security forces opened fire into the sky, the Bengalis dispersed and ran away. Ten of them were arrested.”

Three Buddhist and more than a dozen Rohingya witnesses contradict this version of events. Their accounts differ from one another in some details. The Buddhists spoke of a confrontation between a small group of Rohingya men and some soldiers near the beach. But there is unanimity on a crucial point: None said the military had come under a large-scale attack in Inn Din.

Government spokesman Zaw Htay referred Reuters to the army’s statement of Jan. 10 and declined to elaborate further. The army did not respond to a request for comment.

The Rohingya witnesses, who were on or near the beach, said Islamic teacher Abdul Malik had gone back to his hamlet with his sons to collect food and bamboo for shelter. When he returned, a group of at least seven soldiers and armed Buddhist villagers were following him, these witnesses said. Abdul Malik walked towards the watching Rohingya Muslims unsteadily, with blood dripping from his head. Some witnesses said they had seen one of the armed men strike the back of Abdul Malik’s head with a knife.

Then the military beckoned with their guns to the crowd of roughly 300 Rohingya to assemble in the paddies, these witnesses said. The soldiers and the Rohingya, hailing from different parts of Myanmar, spoke different languages. Educated villagers translated for their fellow Rohingya.

“I could not hear much, but they pointed toward my husband and some other men to get up and come forward,” said Rehana Khatun, 22, the wife of Nur Mohammed, one of the 10 who were later slain. “We heard they wanted the men for a meeting. The military asked the rest of us to return to the beach.”

Soldiers held and questioned the 10 men in a building at Inn Din’s school for a night, the military said. Rashid Ahmed and Abulu had studied there alongside Rakhine Buddhist students until the attacks by Rohingya rebels in October 2016. Schools were shut temporarily, disrupting the pair’s final year.

 

“I just remember him sitting there and studying, and it was always amazing to me because I am not educated,” said Rashid Ahmed’s father, farmer Abdu Shakur, 50. “I would look at him reading. He would be the first one in the family to be educated.”

A photograph, taken on the evening the men were detained, shows the two Rohingya students and the eight older men kneeling on a path beside the village clinic, most of them shirtless. They were stripped when first detained, a dozen Rohingya witnesses said. It isn’t clear why. That evening, Buddhist villagers said, the men were “treated” to a last meal of beef. They were provided with fresh clothing.

On Sept. 2, the men were taken to scrubland north of the village, near a graveyard for Buddhist residents, six Buddhist villagers said. The spot is backed by a hill crested with trees. There, on their knees, the 10 were photographed again and questioned by security personnel about the disappearance of a local Buddhist farmer named Maung Ni, according to a Rakhine elder who said he witnessed the interrogation.

Reuters was not able to establish what happened to Maung Ni. According to Buddhist neighbors, the farmer went missing after leaving home early on Aug. 25 to tend his cattle. Several Rakhine Buddhist and Rohingya villagers told Reuters they believed he had been killed, but they knew of no evidence connecting any of the 10 men to his disappearance. The army said in its Jan. 10 statement that “Bengali terrorists” had killed Maung Ni, but did not identify the perpetrators.

Two of the men pictured behind the Rohingya prisoners in the photograph taken on the morning of Sept. 2 belong to the 8th Security Police Battalion. Reuters confirmed the identities of the two men from their Facebook pages and by visiting them in person.

One of the two officers, Aung Min, a police recruit from Yangon, stands directly behind the captives. He looks at the camera as he holds a weapon. The other officer, police Captain Moe Yan Naing, is the figure on the top right. He walks with his rifle over his shoulder.

The day after the two Reuters reporters were arrested in December, Myanmar’s government also announced that Moe Yan Naing had been arrested and was being investigated under the 1923 Official Secrets Act.

Aung Min, who is not facing legal action, declined to speak to Reuters.

Three Buddhist youths said they watched from a hut as the 10 Rohingya captives were led up a hill by soldiers towards the site of their deaths.

One of the gravediggers, retired soldier Soe Chay, said Maung Ni’s sons were invited by the army officer in charge of the squad to strike the first blows.

The first son beheaded the Islamic teacher, Abdul Malik, according to Soe Chay. The second son hacked another of the men in the neck.

“After the brothers sliced them both with swords, the squad fired with guns. Two to three shots to one person,” said Soe Chay. A second gravedigger, who declined to be identified, confirmed that soldiers had shot some of the men.

In its Jan. 10 statement, the military said the two brothers and a third villager had “cut the Bengali terrorists” with swords and then, in the chaos, four members of the security forces had shot the captives. “Action will be taken against the villagers who participated in the case and the members of security forces who broke the Rules of Engagement under the law,” the statement said. It didn’t spell out those rules.

Tun Aye, one of the sons of Maung Ni, has been detained on murder charges, his lawyer said on Jan. 13. Contacted by Reuters on Feb. 8, the lawyer declined to comment further. Reuters was unable to reach the other brother.

In October, Inn Din locals pointed two Reuters reporters towards an area of brush behind the hill where they said the killings took place. The reporters discovered a newly cut trail leading to soft, recently disturbed earth littered with bones. Some of the bones were entangled with scraps of clothing and string that appeared to match the cord that is seen binding the captives’ wrists in the photographs. The immediate area was marked by the smell of death.

Reuters showed photographs of the site to three forensic experts: Homer Venters, director of programs at Physicians for Human Rights; Derrick Pounder, a pathologist who has consulted for Amnesty International and the United Nations; and Luis Fondebrider, president of the Argentine Forensic Anthropology Team, who investigated the graves of those killed under Argentina’s military junta in the 1970s and 1980s. All observed human remains, including the thoracic part of a spinal column, ribs, scapula, femur and tibia. Pounder said he couldn’t rule out the presence of animal bones as well.

The Rakhine Buddhist elder provided Reuters reporters with a photograph which shows the aftermath of the execution. In it, the 10 Rohingya men are wearing the same clothing as in the previous photo and are tied to each other with the same yellow cord, piled into a small hole in the earth, blood pooling around them. Abdul Malik, the Islamic teacher, appears to have been beheaded. Abulu, the student, has a gaping wound in his neck. Both injuries appear consistent with Soe Chay’s account.

Forensic pathologist Fondebrider reviewed this picture. He said injuries visible on two of the bodies were consistent with “the action of a machete or something sharp that was applied on the throat.”

Some family members did not know for sure that the men had been killed until Reuters returned to their shelters in Bangladesh in January.

“I can’t explain what I feel inside. My husband is dead,” said Rehana Khatun, wife of Nur Mohammed. “My husband is gone forever. I don’t want anything else, but I want justice for his death.”

In Inn Din, the Buddhist elder explained why he chose to share evidence of the killings with Reuters. “I want to be transparent on this case. I don’t want it to happen like that in future.”

Massacre in Myanmar

By Wa Lone, Kyaw Soe Oo, Simon Lewis and Antoni Slodkowski

Graphics: Jessica Wang, Simon Scarr and Matthew Weber

Photo editing: Thomas White

Video: Matthew Larotonda and Ryan Brooks

Design: Troy Dunkley

Edited by Janet McBride, Martin Howell and Alex Richardson

Reuters

January Justice newsletter: Civilians killed and thousands displaced in Shan and Kachin; mass graves confirmed in Rakhine; protesters killed; landmine victims on the rise…

Seeking Justice in Burma

January 2018

Conflict ramps up in northern Shan and Kachin states: civilians killed and thousands displaced

An escalation of armed conflict in northern Shan and Kachin states has resulted in a surge in IDPs, with the UN estimating 107,000 people are displaced in the area. In northern Shan State hundreds of civilians have fled fighting between the Tatmadaw and and the TNLA. In an area that saw armed conflict in 2016, five people were injured by a landmine.

In Kachin State, the Tatmadaw has ramped up attacks against the Kachin Independence Army (KIA) in three different townships. In Danai, over 2,000 civilians are trapped in the area and in need of food and medical aid. 10 civilians have reportedly been shot to death and others ordered to risk their lives clearing landmines. The KIA claims the military is trying to get control of the Danai mining area before the next Panglong peace conference as it is key to the armed group’s finances. The UN said it was concerned about the safety of civilians in the area.

In Karen State, government security forces have teamed up with the Karen National Union to fight the Democratic Karen Buddhist Army in battles that have last for over a month. Both the KNU and DKBA are signatories to the Nationwide Ceasefire Agreement.  

The Shan State Progress Party/Shan State Army-North, also an NCA signatory, released a statement saying that the Tatmadaw had launched over 500 offensives against it within the last five years.

The New Mon State Party and Lahu Democratic Union will sign the NCA at the next Panglong session; some other armed groups have suggested this comes following government pressure.

Tatmadaw acknowledges troops responsible for mass grave in Rakhine;

Associated Press confirms five more mass graves;

Former U.S. Ambassador resigns from “whitewash” Rakhine advisory panel

The Tatmadaw admitted its soldiers had killed 10 Muslim men found in a mass grave in Rakhine. The Tatmadaw says those killed were “Bengali terrorists” and that soldiers will be dealt with for breaking the “rules of engagement.” The admission came the same day the two Reuters journalists, who had reportedly been investigating the mass grave, were formally charged under the Official Secrets Act.

An investigation by the Associated Press, based on interview with refugees in Bangladesh, was able to confirm the existence and location of 5 more mass graves. In harrowing reports, survivors told how soldiers “came to the slaughter armed not only with rifles, knives, rocket launchers and grenades, but also with shovels to dig pits and acid to burn away faces and hands so that the bodies could not be identified.” Burma continues to deny access to UN investigators and has only provided limited access to journalists, who have been taken on tightly controlled government visits.

Former U.S. Ambassador Bill Richardson resigned from the Rakhine advisory panel, saying it had become “a cheerleading squad for the government”. Richardson also said Daw Aung San Suu Kyi was “furious” when he tried to raise the issue of the jailed Reuters reporters. The full letter can be found here.

The two Reuters journalists were denied bail and may still see 14 years in jail for violating the Official Secrets Act.

Shan and Karen armed groups unhappy with peace process;  

Civil society submits two recommendation papers to Panglong

The Shan national dialogue to prepare for the upcoming Panglong peace conference has been cancelled by NCA-signatory the Restoration Council of Shan State due to “ various persecutions by the Tatmadaw, making it impossible for the people to freely and democratically express their will and fully discuss their opinions.”

NCA-signatory the Karen National Liberation Army has said it will not attend the next session of Panglong as it believes the peace process has gotten nowhere under the 2008 Constitution.

The civil society peace forum met and agreed on two papers to be submitted to the next session of Panglong. One is on federalism and the other on resettlement and rehabilitation.

The Natural Resource Governance Institute published a report stressing the need for resource management to be part of the Panglong discussions.

Tatmadaw kills seven protesters in Rakhine

Tatmadaw soldiers shot and killed 7 demonstrators in Rakhine after an event marking the end of  the Arakan kingdom turned violent. 12 people were injured, with some escaping hospital while receiving treatment for fear of being arrested by authorities. The government has said it will form an inquiry into the killings.  

International Commission of Jurists publishes study detailing how Burma can achieve justice for gross human rights violations

The International Commission of Jurists published a detailed study examining how impunity is coded into Burma’s laws and institutions, saying “decades of denial of justice for victims of gross human rights violations in Myanmar, and impunity for the perpetrators, particularly when involving the military, have severely eroded the rule of law.”

Child soldier on trial for speaking about his experience to boycott future court proceedings

A child soldier on trial for speaking about his experience as a child soldier recruited by the Tatmadaw has said he will boycott future trial proceedings, declaring he does not trust the judge to deliver a fair verdict.

Study finds number of landmine victims rose by 58% between 2015 and 2016  

The Mine Risk Working Group found that the number of landmine victims in Burma rose by 58% between 2015 and 2016. Most casualties were in  Kachin, Kayah and Northern Shan states.

Artist and former political prisoner dies from liver cancer contracted while in jail

Artist San Zaw Htway died from the liver cancer he contracted as a result of the harsh prison conditions he endured during his 13 years of incarceration. Here a video of the artist at work.

Fourteen students expelled from university for staging protest  

Fourteen students were expelled from Yadanabon University in Mandalay after staging a protest demanding more education funding.

Freedom of expression backslides in Burma

A majority of stakeholders at a digital rights forum held in Rangoon said they believed that there had been a backsliding on freedom of expression in the country and that online privacy had deteriorated.

30 MPs under investigation for corruption

30 MPs, including some regional ministers, are under investigation following complaints of corruption and mismanagement. Burma currently ranks 136th in a global ranking of corruption.

MCCAIN, CARDIN BILL ON BURMA ACCOUNTABILITY PASSES SENATE FOREIGN RELATIONS COMMITTEE

Feb 07 2018

Washington, D.C. ­– The Senate Foreign Relations Committee today passed legislation authored by U.S. Senators John McCain (R-AZ), Chairman of the Senate Armed Services Committee, and Ben Cardin (D-MD), a senior member of the Senate Foreign Relations Committee, to impose targeted sanctions and travel restrictions on senior Burmese military officials responsible for human rights atrocities against the Rohingya people.

The Burma Human Rights and Freedom Act would prohibit certain military cooperation with the Burmese military until the Departments of State and Defense can certify that officials have halted the violence. The bill would also support economic and security sector reform, and encourage Burma’s successful transition of power to a civilian government.

“The scale of human rights abuses against the Rohingya people and other minority communities in Burma has been staggering,” said Senator McCain, Chairman of the Senate Armed Services Committee. “The United States has a moral obligation to do all it can to prevent mass atrocities and ethnic cleansing—and to make clear to those responsible that their actions will not be tolerated. Our legislation’s passage out of the Senate Foreign Relations Committee is a step in the right direction to protect Burma’s fledgling democracy and hold accountable the senior military officials responsible for the slaughter and displacement of more than 680,000 innocent Rohingya men, women and children. It makes clear that the United States will not stand for continued atrocities and will support all Burmese peoples in their struggle for freedom and democracy.”

“Today’s passage marks a significant step in the right direction to recalibrate U.S. policy and engagement with Burma in light of the genocide and crimes against humanity that have taken place over the past several months against the Rohingya, as well as the broader challenges of a stalled political transition and genuine national reconciliation,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “This legislation is not meant to hurt the people of Burma or its economy, but instead hold specific senior military officials accountable. That is why the legislation also requires a U.S. strategy for promoting inclusive economic growth as a vital element of a strategy to help Burma complete its political transition and finally free itself of military control.”

Senators Dick Durbin (D-IL), Todd Young (R-IN), Ed Markey (D-MA), Marco Rubio, (R-FL), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Brian Schatz (D-HI), Tim Kaine (D-VA), Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Cory Booker (D-NJ), and Jeanne Shaheen (D-NH), Chris Coons (D-DE), Susan Collins (R-ME), and Bob Casey (D-PA) also cosponsored the legislation.

Over 680,000 Rohingyas have been displaced to Bangladesh and thousands more have been killed due to a systematic campaign of executions, rape, disenfranchisement, expulsions and mass burning of villages by the Burmese military. This legislation will make it easier for the administration to impose sanctions on the Burmese military leaders who are implicated in some of the worst atrocities facing the international community in a generation. It will authorize humanitarian and reconciliation assistance to help address the crisis in the short and long-term, and, critically, requires a strategy on accountability measures for the ethnic cleansing and genocide that has, incontrovertibly, been committed. This legislation would enhance the administration’s capacity to impose narrowly tailored and targeted sanctions and travel restrictions on specific military and security personnel implicated in the violence, perpetrators like the generals who exercised command and control over the ethnic cleansing campaign; and ground commanders in Rakhine State when the atrocities occurred.

“Ultimately, it is up to the people of Burma to decide what the fate of their country and democracy will be. But the United States Congress should not be complicit spectators to ethnic cleansing and gross human rights violations. For too long we have said ‘never again,’ but failed to act with resolve when confronted by mass atrocities. Congress has historically played an important role in promoting human rights and democracy in Burma – and it is time for us to step up again and provide leadership to support a successful transition to democracy,” McCain and Cardin jointly added.

The administration doesn’t have to wait for this law to pass. It has already used existing authorities to impose restrictions on one key officer implicated in the abuse and should take this cue from Congress to target other leaders now. The world has come to realize that the Burmese government – and in particular its military – are in a state of outright obstruction with respect to international calls to address the crimes committed in Rakhine State and will not take steps to address the past atrocities unless real world consequences make it impossible for them not to.

“The Committee’s action today demonstrates to the world, and in particular to the Burmese military, that the U.S. will not ignore these atrocities. We encourage our colleagues in the Senate to help us enact this important measure into law,” the Senators concluded.

S. 2060, the Burma Human Rights and Freedom Act:

  • States the U.S. policy of calibrated engagement, which supports a peaceful, prosperous, and democratic Burma that respects human rights of all of its people regardless of ethnicity and religion
  • Authorizes humanitarian and reconciliation assistance for the Rohingya, including refugees in Burma, Bangladesh, and the region
  • Instructs Treasury to only vote for international financial assistance projects that do not partner with the Burmese military owned enterprise
  • Sense of Congress calling on the Burmese government to ensure the right of returnees and to fully implement all of the recommendations of the Kofi Annan Commission
  • Codifies existing U.S. – Burma military to military cooperation restrictions unless certain certifications are met
  • Re-imposes the U.S. jade ban
  • Requires a report on which individuals should be placed on visa bans and on the SDN list for senior Burmese military officials. Mandates Treasury to sanction those individuals.
  • Requires a report on promoting inclusive and responsible economic growth and development in Burma

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Over 150 villagers forced to flee after fighting in Kutkai

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Clashes between the Myanmar army and the Ta’ang National Liberation Army (TNLA) in eastern Myanmar’s Shan state have forced more than 150 residents of the town of Kutkai to flee to safety to Theinni town, RFA has reported.

Hostilities between the TNLA and government military and occasional clashes between the TNLA and the Shan State Army-South (SSA-S) — have forced thousands of residents in northern Shan state to flee their homes and seek shelter in Buddhist monasteries.

The more than 150 residents of Pharsai and Saikhaung villages in Kutkai have taken shelter inside a monastery in Theinni’s Kaungai village.

Northern Burma/Myanmar: Global Kachin Appeal for UN Members’ Action

Northern Burma/Myanmar: Global Kachin Appeal for UN Members’ Action
Stop War Crimes and Crimes Against Humanity

February 6th, 2018
In response to a coordinated militant attack on August 25, 2017, the Burmese government security forces launched a military campaign in western Burma/Myanmar. This resulted in an unprecedented humanitarian catastrophe, killing thousands and displacing over half a million civilians. The horrendous atrocities suffered by the civilians at the hands of the Burma Army sparked worldwide outrage and provoked condemnation from the UN and other international bodies. While such human tragedy unfolded in the western part of Burma, residents of northern Burma were also suffering ongoing and systemic violence perpetrated by Burma Army.
The international community needs to focus greater attention to the current humanitarian crisis in northern Burma. Over 100,000 Kachin locals have been internally displaced for over six years when the previous government broke a 17-year cease fire agreement which directly led to armed conflict in northern Burma. Kachins continue to live under a constant state of fear and sustain appalling human rights abuses. The Burma Army is currently conducting air assaults against positions of the Kachin Independence Organization/Army (KIO/KIA) in Sumprabum, Danai, and Mansi areas, indiscriminately shelling areas in close proximity to civilian population and IDP camps. About 2000 miners and migrant workers were reportedly held as hostages since January 26th, 2018 and are used as shields by the Burma Army in Danai. In Sumprabum, shelling of civilian homes in Nhtan Zup village and Ndup Yang IDP camp has forced villagers to abandon their shelters. While conducting these air assaults in Kachin State, the Burma Army concurrently held peace talks with the KIO/KIA right across the border in China, indicating insincere intention for cooperation.
With the use of advanced military technologies procured through exploitation of natural resources in ethnic states, including amber and gold from Danai, the Burma Army leadership is coercing the KIO/KIA to concede territory and sign the non-inclusive Nationwide Ceasefire Agreement.
Although all of Burma was hopeful for a change when the National League for Democracy (NLD), led by Aung San Suu Kyi, won a landslide victory in 2015, the NLD government has yet to effectuate a genuine transition to Federal Union. The continued use of repressive laws, underpinned by the 2008 military-drafted Constitution, protects military interests and its usurpation of the elected government has left all ethnic groups in despair, a familiar sentiment experienced under decades of military-junta rule.
Now is not the time for finger-pointing but to do what is right and just for the people of Burma.
Hence, we the undersigned:
• Urge the Burma Army to transform its commanding core so that it reflects the diversity of the ethnic landscape of the country.
• Call upon the NLD government to launch a campaign to amend the 2008 constitution, in particular the clauses concerning civilian oversight of the military, and to reject the ballooning military expenditures.
• Request the United States, the UK, the EU and their allies to confer with China in arbitrating Burmese military’s negotiations with ethnic groups for a realistic and enduring solution to end the civil wars in Burma.
• Implore the United Nations and the Members of the Security Council to set an agenda to evaluate and monitor the humanitarian and ongoing conflict in northern Burma.
It is imperative that the international community launch a coordinated relief effort to provide assistance in all areas, including territories besieged by the Burma Army. The residents of northern Burma, particularly those in IDP camps, have been waiting for 6 years for the international community to respond to their plight and despair.
We urge you to take appropriate and immediate actions whereby our beleaguered population may finally be relieved of the misery they have long endured.
Signatories:
1. Htoi Gender and Development Foundation
2. Humanity Institute (HI)
3. Kachin Alliance, USA
4. Kachin Association of Australia NSW
5. Kachin Canadian Association, Canada
6. Kachin Community Czech Republic
7. Kachin Community Netherlands
8. Kachin Development Network Group
9. Kachin Literature and Culture (JLH), Singapore
10. Kachin National Organization
11. Kachin Refugee Committee, Malaysia
12. Kachin State Women Network
13. Kachin Women Peace Network
14. Kachin Women Union
15. Kachin Women’s Association Thailand
16. Korea Kachin Community, ROK
17. Mungchying Rawt Jat
18. Sha-it
19. Shingnip (Kachin Legal Aids Network)
20. Universities Kachin Literature and Culture Federation, Burma/Myanmar
• Gum San Nsang (US), gumsan@kachinalliance.org, Ph.+1-443-415-8683
• Hkanhpa Sadan (UK), hkanhpa@hotmail.com, Ph. +44-7944-240774
• Moon Nay Li (Thailand), moonnayli@gmail.com, Ph. +66-855-23-3791
• Zau Jat (Burma/Myanmar), jatnhkum09@gmail.com, Ph. +95440006442

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