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Civil Society Position Paper on ASEAN’s Goal of a Myanmar-Owned and -Led Solution

December 18, 2024/in HR Situation, News

Recommendations to ASEAN and Its Member States

(1) Move beyond the 5PC to achieve a Myanmar people-led and people-centered solution to the

crisis in Myanmar. ASEAN’s “Myanmar-owned and -led” approach must be backed by genuine

political will that aligns with and supports the collective aspirations of the people of Myanmar.

(2) Cease all pressure on Myanmar’s revolutionary forces and civil society to join any processes

to engage or compromise with the illegitimate military junta, and support a locally led political

consultation process that entirely excludes the junta.

(3) End all engagements, including economic and military engagements, with the military junta

and engage formally with the legitimate representatives of Myanmar.

(4) Publicly denounce and end all support for, or plans to support, the military junta’s sham

election.

(5) Provide humanitarian aid for internally displaced persons (IDPs) in collaboration with

legitimate stakeholders and civil society groups through cross-border channels.

(6) Join the ongoing international and Myanmar people’s efforts to hold the Myanmar military

accountable under international law for its commission of war crimes, crimes against

humanity, and genocide.

ASEAN must support Myanmar federal democracy building and justice seeking

December 16, 2024/in Press Releases and Statements

ASEAN must support Myanmar federal democracy building and justice seeking

Myanmar civil society urges ASEAN to pursue Myanmar people-led solution to crisis

Today, the Myanmar National Organizing Committee for ACSC/APF (Myanmar NOC) launched the Civil Society Position Paper Addressing ASEAN’s Goal of a “Myanmar-Owned and -Led Solution,” endorsed by 260 civil society organizations. The Position Paper provides a critical analysis of ASEAN leaders’ decision to maintain the dead-on-arrival Five Point Consensus (5PC), explicates the requirements of a genuinely “Myanmar-owned and -led solution” to the country’s crisis, and offers key recommendations to ASEAN.

Since its adoption in April 2021, ASEAN’s 5PC has proven extremely harmful to the Myanmar people in its futile attempt to address the junta-caused crisis in Myanmar. Despite repeated calls from Myanmar, regional, and international civil society to move beyond the 5PC, on 9 October 2024, ASEAN leaders announced their decision to “maintain the 5PC as the main reference to address the political crisis in Myanmar.”

In that decision, ASEAN leaders hypocritically claimed that their goal is “to help the people of Myanmar to achieve an inclusive and durable peaceful resolution that is Myanmar-owned and -led,” while in reality ASEAN continues to fail to align with the people’s efforts and sacrifices to dismantle military tyranny and establish an inclusive federal democracy. In recent months, ASEAN has allowed the junta to represent Myanmar, lending the junta false legitimacy as if it were a state authority. ASEAN has also continued to enable the junta’s access to cash, arms, and aviation fuel—thereby deepening ASEAN’s complicity in the junta’s atrocity crimes against Myanmar’s peoples.

This Position Paper responds directly to ASEAN’s October 2024 decision in which ASEAN leaders also stated their intention to accelerate “informal consultations” in the name of “an inclusive and durable peaceful resolution that is Myanmar-owned and -led.” ASEAN’s course of action clearly aims to impose quick-fix solutions for its state-centric approach to stability, which will only keep Myanmar trapped in a cycle of violence and military tyranny. Any involvement or engagement of the junta for the future of Myanmar is untenable and contravenes the reality on the ground where townships covering 86% of the country’s territory are not under stable control of the junta.

The reality is that the only path to an inclusive and sustainable peace in Myanmar is by completely dismantling the criminal military institution and establishing civilian-led federal democratic governance that ensures equal power-sharing and guarantees human rights for all. It is therefore in ASEAN’s best interest to support the people’s will and efforts to achieve these goals.

The Position Paper proposes six key recommendations to ASEAN for concrete actions that genuinely support the people of Myanmar. First and foremost, ASEAN must move beyond the 5PC to achieve a Myanmar people-led and people-centered solution to the crisis. This means unequivocally supporting the Myanmar people’s goals to fully dismantle the criminal military institution and establish an inclusive federal democracy. To do so, ASEAN must cease all pressure on Myanmar’s revolutionary forces and civil society to engage or compromise with the illegitimate military junta; stop any plan to support the junta’s illegal sham election; recognize Myanmar’s legitimate representatives, including the National Unity Government, Ethnic Resistance Organizations, and federal units; and support a locally led political consultation process that entirely excludes the junta.

Kyi, Secretary of Queers of Burma Alternative, member of the Myanmar NOC, said: “The military junta has been waging a systematic nationwide campaign of terror against the people of Myanmar for nearly four years, including airstrikes, massacres, and sexual violence. In the face of the military’s horrific violence, the people of Myanmar have made their demands of ASEAN unmistakably clear. It’s time for ASEAN to live up to its own pledges regarding the principles of democracy and human rights enshrined in its own Charter, and to stand firmly on the side of the Myanmar people. ASEAN must support the people’s efforts to dismantle military tyranny for good and establish a federal democracy where equality, dignity, and justice are a reality for all peoples of Myanmar.”

Bo Bo, Executive Director of Generation Wave, member of the Myanmar NOC, said: “ASEAN’s Five-Point Consensus (5PC) has completely failed to provide any solutions to the military junta-caused crisis. The junta has blatantly disregarded the 5PC and only escalated its violence, ramping up its international crimes against civilians across the country as a tactic to defeat the democratic resistance movement against its tyranny. By continuing to rely on the failed 5PC, ASEAN has severely undermined the people’s efforts for a sustainable peace, ultimately resulting in a complete lack of trust from the Myanmar people. ASEAN must immediately move beyond the 5PC, end all engagements with the military junta, and unequivocally denounce the junta’s plans for a sham election.”

Mulan, Head of Blood Money Campaign, member of the Myanmar NOC, said: “Over the past year, the military junta has escalated its airstrikes targeting civilians across the country, and ASEAN has only deepened its complicity in these atrocities. According to Amnesty International, between January and June this year, at least two shipments of aviation fuel reached the junta after being transported through Vietnam, a member state of ASEAN. Meanwhile, the Myanmar military is facing allegations of atrocity crimes at the International Criminal Court, the International Court of Justice, and in Argentina. ASEAN must stop aiding and abetting the junta’s atrocity crimes against the people. Instead, ASEAN must join current international efforts to hold the Myanmar military accountable under international law, in addition to supporting federal democracy building in Myanmar.”

Download the full position paper here.

For more information, please contact:

Myanmar National Organizing Committee for ACSC/APF, ACSCAPF@proton.me

About the Myanmar National Organizing Committee for ACSC/APF: Myanmar National Organizing Committee for the ASEAN Civil Society Conference/ASEAN People’s Forum (ACSC/APF) comprises 18 civil society organizations: Action Committee for Democracy Development (ACDD); Association of Human Rights Defenders and Promoters (HRDP); Athan – Freedom of Expression Activist Organization; Blood Money Campaign (BMC); Creative Home (CH); Equality Myanmar (EQMM); Generation Wave (GW); Generations’ Solidarity Coalition of Nationalities (GSCN); Justice & Equality Focus; Kyae Lak Myay; Network for Human Rights Documentation – Burma (ND-Burma); Nyan Lynn Thit Analytica; Progressive Voice (PV); Queers of Burma Alternative (QBA); Rohingya Maìyafuìnor Collaborative Network (RMCN); Women Advocacy Coalition – Myanmar (WAC-M); Women’s League of Burma (WLB); and Yangon Medical Network (YMN).

Download PDF in English.

The Airstrikes after the journey to the China of the Junta Military Leader

December 10, 2024/in HR Situation, News

Operation 1027 was a coordinated military attack against the junta on October 27th, 2023. It was carried out by the Northern Brotherhood, which includes the Arakan Army, Myanmar National Democratic Alliance Army, and the Ta’ang National Liberation Army.

Several months later, the Three Brotherhood Alliance held three meetings to negotiate with China on January 11 and to discuss a ceasefire with the agreement of Haigeng in Northern Shan State. However, the military junta continued to attack with heavy artillery and launched airstrikes on the townships of Northern Shan State.Due to the military’s activities, the Northern Brotherhood Alliances and some revolutionary forces announced “The Second Wave of Operation 1027” on June 25, 2024, four months after the ceasefire. The military junta increased the frequency of airstrikes that began in the second wave (see Graph-1).

The junta visited China most recently from 5th to 10th November to attend the 8th Greater Mekong Subregion Meeting. This was the first time traveling to foreign countries since the attempted coup on 1 February 2021. The Burma Army has perpetrated 306 airstrikes in nine States and Divisions from November 10th to 30th after the return from China.

The Airstrikes after the journey to the China of the Junta Military Leader_EE
Infogram

The Network for Human Rights Documentation – Burma Releases New Briefing Paper,‘Attacks from the Air’ on Human Rights Day

December 10, 2024/in Others

10 December 2024

On Human Rights Day, the Network for Human Rights Documentation – Burma (ND-Burma) releases its latest briefing paper, “Attacks from the Air,” which includes cases of airstrikes throughout the month of November 2024 in Kachin, Karenni and Shan States. ND-Burma condemns all forms of violence against innocent people and calls for immediate action by the international community to ensure the protection of civilians living in constant terror and fear of attack by the Burma Army.

Desk research compiled by ND-Burma in English and Burmese, combined with data from our members, found twenty-five incidents of airstrikes took place in November in these specific areas, leading to 25 adults killed and ten children, 74 wounded, including 23 adults and 51 children. There were at least 77 damaged properties, including a church, monastery, hospital, tea shop, five office buildings, and six vehicles. The junta perpetrated all of the airstrikes.

Airstrikes are increasing throughout the country as the regime is weakened by an ongoing lack of morale and defections. Significant gains by the armed revolutionary groups have also led to historic defeats and the reclamation of land and territory belonging to ethnic people. Attacks from the air are regularly deployed by the Burma Army to isolate and target civilians. Vulnerable and unprotected, the military’s actions in attacking displaced and conflict-affected groups reveal their cowardice and blatant disregard for human life.

The airstrikes documented in the briefing paper occurred during the early hours of the morning and evening when traumatized civilians were attempting to rest. Temporary shelters and camps for internally displaced people (IDPs) were targeted with airstrikes, as were local teashops. Women and children were among those killed and wounded, as families continue to suffer immense devastation and loss from the junta’s relentless attacks.

ND-Burma welcomes the International Criminal Court’s application to file an arrest warrant for war criminal Min Aung Hlaing for his long-standing crimes against the long-persecuted Rohingya. Every individual has the right to life, live free from harm, and have fundamental rights and freedoms upheld and protected. The military junta is not above the law, and this pivotal step towards justice must lead to an end to the dictatorship so that peace can prevail in Burma.

It is vital to acknowledge and pursue pathways of transitional justice for reparations for communities who have suffered immensely under authoritarian rule. The cases included in ND-Burma’s briefing paper of airstrikes and bombs deployed upon civilians are to be taken seriously by the international community, including ASEAN and UN bodies, which must end all and any existing ties with the illegitimate junta. Global stakeholders must fund human rights defenders to ensure their meaningful work can continue as they inform communities of their human rights and give them the courage to resist oppressive regimes.

The future belongs to the people of Burma.

For more information:

Nai Aue Mon

Signal: +66 86 1679 741

San Htoi

Signal no: +66649369070

Download briefer : https://bit.ly/3VuZCfn

The Network for Human Rights Documentation-Burma (ND-Burma) consists of 13 organisations representing a range of ethnic nationalities, women, and former political prisoners. Since 2004, ND-Burma member organisations have been documenting human rights abuses and fighting for justice for victims. The network has nine full members and four affiliate members.

Attacks from the Air:Airstrikes Perpetrated by the Military Junta in Northern Shan State, Kachin State and Karenni State in November 2024

December 10, 2024/in Briefing Papers, ND-Burma's Reports

This briefing paper by the Network for Human Rights Documentation-Burma (ND-Burma) will analyze the impact of the airstrikes perpetrated against innocent civilians by the military junta in Northern Shan State, Kachin State and Karenni State throughout November 2024.

Desk research compiled by ND-Burma in English and Burmese, combined with data from our members, found twenty-five incidents of airstrikes took place in November in these specific areas, leading to 25 adults killed and ten children, 74 wounded, including 23 adults and 51 children. There were at least 77 damaged properties, including a church, monastery, hospital, tea shop, five office buildings, and six vehicles.

ND-Burma has several members operating on the ground in the locations included in this analysis, including the Pa-O Youth Organization, the Kachin Women’s Association Thailand and the Ta’ang Students and Youth Union. Of the twenty-five cases, fourteen were also documented by ND-Burma organizations. Their ongoing documentation efforts are critical to collecting further evidence needed to hold the military junta accountable for its crimes.

The deployment of the airstrikes has resulted in many long-term challenges for those targeted, including a lack of adequate shelter, food and medical supplies. The worsening offensives have also led to obstacles in the safe delivery and provision of humanitarian assistance, which the military routinely attempts to intercept and sabotage.

The junta deliberately denies urgently needed aid to the communities they have bombed, both aerially and in on-the-ground attacks. Concerning the vast majority of attacks on civilians, especially from the air, the military regime is the perpetrator of these attacks.

Airstrikes are frequently carried out late at night and early in the morning when there is little warning or time to flee. The junta has violently targeted displaced populations in temporary shelters, internal displacement camps, homes, villages, schools, places of worship, and clinics. Survivors have expressed anxiety, trauma and suffering over the uncertainty and indiscriminate nature of the targeted assaults against them.

The junta has also destroyed entire livelihoods as villages are devastated from the skies. What food, livestock, and materials remain are often raided by military forces in the aftermath of their attacks. The ongoing suffering and plight of civilians have worsened due to the lack of a coordinated and urgent response by the international community.

The future belongs to the people of Burma.

For more information:

Nai Aue Mon

Signal: +66 86 1679 741

San Htoi

Signal no: +66649369070

attack-from the air -briefer Download

Download English

Civil society support for the application by the Office of the Prosecutor at the International Criminal Court for an arrest warrant against Min Aung Hlaing

December 9, 2024/in Member statements

To: Pre-Trial Chamber I of the International Criminal Court

CC: Office of the Prosecutor of the International Criminal Court

9 December 2024

Subject: Civil society support for the application by the Office of the Prosecutor at the International Criminal Court for an arrest warrant against Min Aung Hlaing

Your Excellencies,

On the International Day of Commemoration and Dignity of the Victims of the Crime of Genocide and of the Prevention of this Crime, we, 174 Myanmar civil society organizations, have the honor to address Your Excellencies to express our unequivocal support for the investigation regarding the Situation in Bangladesh and Myanmar,[1] namely crimes against humanity, including deportation and persecution, perpetrated by the Myanmar military against the Rohingya population.

We commend the Office of the Prosecutor for its landmark application for an arrest warrant, dated 27 November 2024, against Min Aung Hlaing, the Commander-in-Chief of the Myanmar military, for his criminal responsibility for crimes committed between 25 August and 31 December 2017.[2] This application represents a monumental step toward justice and accountability, not only for the Rohingya but for all peoples of Myanmar. We eagerly anticipate further applications for arrest warrants in the near future and strongly urge the Pre-Trial Chamber I of the International Criminal Court (the Court) to issue an arrest warrant for Min Aung Hlaing without delay.

For decades, the Myanmar military has engaged in a systematic campaign of violence and persecution against the Rohingya, employing physical violence, propaganda, and institutionalized discrimination. In 2017, this culminated in a brutal campaign of genocide, forcing more than 750,000 Rohingya to flee to Bangladesh.[3] Today, an estimated 1 million Rohingya remain in refugee camps in Bangladesh, living in extremely precarious conditions.[4]

The situation in Myanmar remains dire. In Rakhine State, the Rohingya continue to endure grave persecution at the hands of the Myanmar military, which has carried out airstrikes on Rohingya villages,[5] blocked humanitarian aid,[6] and forcibly conscripted Rohingya civilians for military service, using them as frontline fighters and human shields,[7] with unchecked impunity. The Rohingya continue to face conditions akin to apartheid,[8] living in confined villages and internment camps under constant threat of violence and deprived of basic rights and freedoms, including access to food, healthcare, education, and employment.[9] This reality underscores the Myanmar military’s ongoing genocide and other international crimes against the Rohingya.

For decades and continuing today, the Myanmar military junta has targeted not only the Rohingya, but also other ethnic and religious minorities, as well as civil society organizations, pro-democracy activists, and human rights defenders, with “widespread and systematic” atrocities and human rights violations—emboldened by decades of complete impunity.[10] Since staging an illegal coup attempt on 1 February 2021, the military junta has intensified and expanded its violence against all peoples across Myanmar, killing more than 6,025 people and arbitrarily arresting more than 27,797.[11] Over the past three and a half years, the military has destroyed at least 105,314 civilian homes by arson[12] and launched more than 3,292 airstrikes—many targeting civilian areas, including internally displaced person camps, schools, medical facilities, and religious infrastructures.[13]

To prevent further atrocities and ensure justice for the Rohingya and all other communities in Myanmar, it is imperative that Min Aung Hlaing and others responsible be held accountable without delay. We recall the declaration of the National Unity Government of Myanmar, pursuant to Article 12(3) of the Rome Statute, granting the Court jurisdiction over international crimes committed in Myanmar since 1 July 2002.[14] We therefore call for further investigations by the Office of the Prosecutor into the Myanmar military’s commission of international crimes against the people of Myanmar since 1 July 2002, including the ongoing mass atrocity crimes committed nationwide since its attempted coup of February 2021.

In conclusion, while respecting the Court’s final decision, we reiterate our full support for the Office of the Prosecutor’s application for an arrest warrant against Min Aung Hlaing. We also look forward to further investigations by the Court and subsequent cases thereat related to the Myanmar military’s commission of genocide against the Rohingya, as well as war crimes and crimes against humanity against the people of Myanmar. The issuance of an international arrest warrant against Min Aung Hlaing would send a powerful message—not only to the Rohingya, but to the tens of millions of people in Myanmar who continue to suffer from the military’s crimes—that international criminal law is a vital tool for achieving justice and accountability, and that justice will prevail in their lifetimes.

We commend the Court and the Office of the Prosecutor for their steadfast commitment to securing justice for the Rohingya, and eagerly await further applications for and the issuance of arrest warrants related to the Situation in Bangladesh and Myanmar forthwith.

Sincerely,

For more information, please contact: