Prosecuting Burmese Perpetrators of Serious Human Rights Violations in Jakarta

PRESS RELEASE:

*Prosecuting Burmese Perpetrators of Serious Human Rights Violations in Jakarta*

Indonesia’s Constitutional Court Holds First Hearing into Law 26 of 2000 concerning the Human Rights Court

Jakarta 26 September 2022: The Constitutional Court in Jakarta has held its first hearing into whether the law governing the Human Rights Court can be changed, allowing a case to be brought in Indonesia against perpetrators of atrocity crimes in Myanmar.

Salai Za Uk Ling, Deputy Executive Director of the Chin Human Rights Organisation said “more and more states are permitting universal jurisdiction cases such as the Rohingya genocide case in Argentina and the case in Turkey against the Myanmar junta. This is a golden opportunity for Indonesia to position itself at the leading edge of positive change.”

The Indonesian constitution upholds the universal protection of rights, asserting that “everyone has the right to recognition, guarantee, protection, fair legal certainty, and equal treatment before the law. [Article 28D paragraph (1) of the 1945 Constitution].

The 1945 Constitution protects human rights regardless of citizenship status.

On September 7, 2022, a group leading figures submitted an application to the Court to remove the phrase “by an Indonesian citizen” from Article 5 of Law Number 26 of 2000 concerning the Human Rights Court. This stipulates “the human rights court is also authorized to examine and decide cases of gross human rights violations outside the territory of Indonesia, which are committed by Indonesian citizens.”

According to the petitioners, Article 5 clearly violates the universality of the 1945 Constitution. It also limits Indonesia’s role in realizing world peace and upholding the rule of law, as the Constitution stipulates.

The Constitutional Court Session was attended by Marzuki Darusman (Petitioner I) and Sasmito, Chairman of Aliansi Jurnalis Independen, AJI, (Petitioner III) along with 17 Attorneys for the Petitioners.

The Preliminary Examination was broadcast live on the Constitutional Court’s Youtube channel: Sidang Perkara Nomor 89/PUU-XX/2022. Senin, 26 September 2022. – YouTube

The next hearing by the Constitutional Court on this petition will be held on 11 October.

Ends

The legal team for the petitioners included the Human Rights Universality Team (U-HAM), THEMIS Indonesia Law Firm; LBH-PP Muhammadiyah; LBH-Pers on behalf of the Petitioners: Marzuki Darusman, Busyro Muqoddas, and AJI-Indonesia.

For further information please contact:

Ibn Syamsu, Themis Indonesia (082228682201)

Gufroni, LBH-PP Muhammadiyah ( 085714158130)

Ade Wahyudin, LBH Press (085773238190)

Thousands of civilians displaced by Myanmar army attacks on Khin-U villages

A junta unit attacked by the resistance with explosives returns to torch area villages, forcing locals to flee their homes

Thousands of villagers have been displaced by recent military assaults on Sagaing Region’s Khin-U Township, according to local sources. 

Members of the anti-junta resistance said that a 70-soldier column in western Khin-U and a 200-soldier unit in the east have been perpetrating the attacks. 

The first column targeted villages along the highway connecting Khin-U with Ye-U Township, which lies to the west. On Wednesday at 10am they arrived at the community of Thagara Myo Thit, some eight miles from Khin-U’s administrative centre. 

A clash with local defence forces broke out at the village’s entrance, with no casualties reported by the resistance, who were forced to withdraw. 

A guerrilla fighter from one of the groups that participated in the battle said that Myanmar army soldiers then set up a base in Thagara Myo Thit after torching at least three homes. 

The following morning, half of the column reportedly continued on to neighbouring Gway Kone, more than one mile away, where more homes were burnt. 
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Displaced locals from eastern Khin-U township

Displaced locals from eastern Khin-U township

The defence force member who spoke to Myanmar Now said that on Tuesday, an alliance of resistance groups had carried out three attacks with explosive devices targeting a four-vehicle military convoy along the highway to Ye-U. 

“There were so many junta casualties,” he said. “I think they came back for revenge.”

The troops belonged to the column now operating in western Khin-U.

One of the trucks was destroyed after being hit with six makeshift bombs and left behind in Inpat village, two miles from Ye-U. The remaining three vehicles were also destroyed after being attacked near Thagara Myo Thit, Gway Kone and Kan Thit villages, according to an officer in the Khin-U People’s Defence Force (PDF). 

Two of the vehicles were later retrieved by the junta, but two were abandoned by the roadside, he added. 

By Thursday, locals in multiple villages along the highway had fled the military raids. 
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Displaced locals from eastern Khin-U township (Supplied)

Displaced locals from eastern Khin-U township (Supplied)

The larger junta column operating in eastern Khin-U, which borders Mandalay Region, began its raids on Tuesday, with junta ships travelling along the Ayeyarwady River attacking the villages of Ka Bwat and Yone Pin. 

“We heard last night that the military was coming, so we fled into the woods. There isn’t anyone left behind in the village and we heard gunshots all day yesterday,” a displaced resident of Ka Bwat said on Thursday.

According to a statement by the Khin-U PDF, some 7,500 civilians from 2,000 households had been displaced from Ka Bwat to the surrounding forests. 

In Yone Pin, most of the residents also fled, but 10 locals were arrested by the arriving Myanmar army troops, according to the Khin-U PDF officer, who did not have further information on their whereabouts or condition at the time of reporting. 

Allied resistance forces attacked the junta unit leaving Yone Pin for Ka Bwat on Thursday to join the column already occupying the community. They reportedly killed six troops and injured an unspecified number of soldiers who were then transported by the military to Mandalay. 

“They buried the dead soldiers in a valley near Ka Bwat village and the injured soldiers were taken to Shwe Kyin, which is located to the east of the river,” the PDF officer said.

The junta has not released any information on its recent activities in Khin-U. 

Myanmar Now News

On the International Day of Peace, The Network for Human Rights Documentation – Burma Condemns Ongoing Brutalities by the Myanmar Junta

On the International Day of Peace, The Network for Human Rights Documentation – Burma Condemns Ongoing Brutalities by the Myanmar Junta

21 September 2022

On this International Day of Peace, the Network for Human Rights Documentation – Burma (ND-Burma) calls for an immediate cessation to the hostilities being perpetrated by the Myanmar junta against civilians. For decades, the military has acted with blatant disregard for human rights and rule of law. Since the attempted coup on 1 February 2021, the regime has been further emboldened to commit atrocities with impunity. ND-Burma condemns the devastation and destruction caused by the Myanmar Army, and calls for immediate investigations into their well-documented war crimes, and crimes against humanity.

Peace in Myanmar begins with listening to the voices of the people who have suffered greatly at the hands of military Generals who are more concerned with growing their own profits, rather than working to promote the well-being of its citizens.

“Peace means freedom, equality, and justice. These are the essential values for every human being. When we talk about peace building, it is clear that federalism is the only pathway for a country like Myanmar. What is needed is collaboration and trust-building so that peace can be reached. From here, a shared understanding and compassion for one another’s struggle will advance peace.. The main problem is that the military junta lacks these values which are essential in peace building,”
Nai Aue Mon, Human Rights Foundation of Monland

Efforts towards peace in Myanmar have historically excluded the voices of women, and sought to undermine their inputs. Women encompass half of the population and have been subjected to the military’s failed peace negotiations and subsequent militarized violence. There is overwhelming evidence to suggest that when women are involved, peace negotiations are more likely to succeed.

“Peace without the voices of women will never last, therefore women’s voices must be included. All perspectives are valid when it comes to peace building and inclusion in federal state-building,” Lway Poe Kamaekhour, Ta’ang Women’s Organization

The Myanmar military junta has consistently proven that they are only interested in advancing their own interests. Meaningful dialogue for peace has consistently failed when the negotiations have been led by the junta. A long, and deep history of broken ceasefires and unfulfilled obligations and promises has led Ethnic Revolution Organizations to rightfully question the intentions of the junta as they seek to protect the rights of their people. The military’s pathways to ‘peace’ have been paved with lies, deception and violence.

​​”One key challenge in Myanmar’s journey toward democracy and peace is building a truly federal arrangement that addresses the self-governance aspirations. For a multicultural society like Myanmar, the greatest test of democracy and peace is whether the government treats its minorities equal to the majority,” Ko Aung
Zaw Oo, Association Human Rights Defenders and Promoters 

Peacekeeping efforts must come from the ground up. Civil society organizations, and human rights defenders, and the National Unity Government (NUG) have taken steps to hold the military junta accountable through international accountability mechanisms. ND-Burma calls for a greater inclusion of rights-based groups when it comes to peace to ensure that the voices of people on the ground are heard. The military junta has absolutely no place in the provision of peace in Myanmar as they have done nothing but derail and devastate any and all prospects.

Media Contact

Nai Aue Mon, the Human Rights Foundation of Monland
auemon@rehmonnya.org 

+66 86 167 9741

Naw Diamond, Network for Human Rights Documentation – Burma

outreachofficer@nd-burma.org

+66-967595082

—-

ND-Burma was 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.

Members

Assistance Association for Political Prisoners – Burma

Human Rights Foundation of Monland

Kachin Women’s Association – Thailand

Ta’ang Women’s Organization

Ta’ang Students and Youth Union

Tavoyan Women’s Union 

Association Human Rights Defenders and Promoters 

All Arakan Students’ and Youths’ Congress 

Future Light Center 

Partner Organizations

Affiliate Members

Chin Human Rights Organization

East Bago – Former Political Prisoners Network

Pa-O Youth Organization

Progressive Voice

Junta chopper attack on school kills 7 in Myanmar’s Sagaing region

Witnesses said 2 gunships fired on the school ‘for nearly an hour.’

Military helicopters fired on a village school in Myanmar “for nearly an hour” before junta foot soldiers let loose with guns, killing at least seven children, residents said Monday, in what appeared to be the deadliest attack on children since last year’s coup.

UNICEF condemned Friday’s attack in Tabyin township and put the death toll even higher, saying at least 11 children died “in an airstrike and indiscriminate fire in civilian areas.” It said at least 15 other children from the same school were still missing.

The raid is believed to have caused the highest number of child deaths of any single incident since the military seized power in a Feb. 1, 2021, coup and came barely one week after the release of a report that said thousands of students and teachers have been injured or killed in attacks in Myanmar over the past two years.

Residents of Tabayin township said that four helicopters approached the village of Let Yet Kone on the afternoon of Sept. 16. Two of the helicopters landed and deployed around 80 junta troops, while the other two fired at a secondary school located in the nearby Maha Dhammaranthi monastery compound.

“They fired rockets and then machine guns for nearly an hour continuously. Two helicopters hovered above and attacked us from both sides. For an hour, there was nothing we could do,” one parent who witnessed the attack told RFA Burmese, speaking on condition of anonymity.

“After a while, soldiers with baskets on their backs entered our school. They came in, with guns blazing,” the parent said.

“I heard a voice saying ‘Stop! Stop!’ [The troops] said, ‘Keep your heads down and don’t look up.’ They said they would shoot if we looked at them. I took a glimpse and saw children running out of the kindergarten. Some were limping, some were dripping with blood. There were many children covered in blood.”

Witnesses said the soldiers who raided the school belonged to Light Infantry Battalion 368, under the 10th Military Operations Command based in Kyi Kone village, in Sagaing’s Kale township, adding that most were wearing shorts or sweatpants instead of full military uniform.

Another parent, who also declined to be named, said there were 31 teachers and 211 students at the school when it came under attack from the gunships. Four children were killed on the spot, they added.

Residents of Tabayin told RFA that troops detained 15 people, including nine injured students, three teachers, and three villagers — none of whom had been released as of Monday. They said two of the detained children later succumbed to their injuries, bringing the total number of children killed in the school attack to six. Troops buried the bodies of the two children in Ye-U township instead of returning them to their families.

Another child and six adults were killed by troops in Let Yet Kone village following the attack on the school at the Maha Dhammaranthi monastery compound, residents said.  

The seven children killed in the attacks on the school and in Let Yet Kone village were identified as Hpone Tay Za, 7; Suyati Hlaing, 7; Zin Way Phyo, 9;  Win Win Khaing, 11; Zin Ko Oo, 14;  Soe Min Oo, 13; and Aung Aung Oo, 16. Residents said a man and a woman were among the six adults killed in Let Yet Kone, but were unable to provide additional details.

The parent of one student, who asked to remain anonymous citing security concerns, told RFA that the surviving children are dealing with severe trauma from the incident.

“My children are in a state where they do not dare to sleep alone at night. … I have to sit by them and can only leave when they are fast asleep. Otherwise, they wake up startled and begin sobbing,” they said.

“All the other parents say the same about their kids. They all are having nightmares.”

The school was nearly destroyed in the attack and remains closed, according to residents who said the smell of blood hangs heavy in the air around the compound.

The school at the Maha Dhammaranthi monastery near Let Yet Kone village, Sagaing region, was damaged in an attack by Myanmar junta helicopters, Sept. 16, 2022. Credit: Screenshot from social media/Reuters
The school at the Maha Dhammaranthi monastery near Let Yet Kone village, Sagaing region, was damaged in an attack by Myanmar junta helicopters, Sept. 16, 2022. Credit: Screenshot from social media/Reuters

Attack condemned

On Sunday, the ministries of education, women, youth and children’s affairs, and human rights under Myanmar’s shadow National Unity Government (NUG) issued a joint statement condemning the attack, which they called “an inhuman and horrific war crime.”

NUG Deputy Minister of Education Sai Khaing Myo Tun said the incident shows how far the junta is willing to go to cling to power and reach its military objectives.

“It’s an example of how seriously they violate the rights of children, such as freedom of education and freedom of thought. But this incident resulted in a terrible loss of lives,” he said.

“There is an urgent need to take action against this military regime in accordance with international laws.”

Kyaw Zaw, spokesman for the office of NUG President Duwa Lashi La, said the military had used Russian-made Mi-35M helicopters in the attack, which he called “brutal and merciless.”

“No country on earth kills children, especially elementary school children,” he said. “This was an act of terrorism.”

Pro-junta media published an official statement on Sept. 17 which confirmed that civilians had been killed in the incident, but blamed the deaths on fighters with the ethnic Kachin Independence Army (KIA) and the anti-junta People’s Defense Force (PDF) paramilitary group, who it said fought back against troops using residents as human shields.

Witnesses, however, said the attack was one-sided with no return fire.

On Monday, UNICEF Myanmar issued a statement condemning the attack and calling on the military to release the missing students.

“On Sept. 16, at least 11 children died in an airstrike and indiscriminate fire in civilian areas, including a school in Tabyin township, Sagaing region,” the statement said.

“At least 15 children from the same school are still missing. UNICEF calls for their immediate and safe release.”

RFA was unable to independently confirm the number of dead and missing cited by the statement.

A lawyer, who did not want to be named for security reasons, said the attack was a violation of  both domestic and international laws.

“It is premeditated and intentional murder [under Myanmar’s Penal Code],” he said.

“Additionally, according to international law and the Geneva Convention, the intentional shooting and killing of civilian targets in an operation area, can be … classified as a war crime.”

The lawyer called for evidence of the attack to be collected and presented to an international court for prosecution, noting that it is impossible to do so in Myanmar while the judiciary is under the control of the junta.

The No. 8 Basic Education High School in Kalay, Sagaing region, was burned down in an attack by Myanmar junta forces, May 29, 2022. Credit: Citizen journalist
The No. 8 Basic Education High School in Kalay, Sagaing region, was burned down in an attack by Myanmar junta forces, May 29, 2022. Credit: Citizen journalist

Schools under attack

The raid on the school and Let Yet Kone village came only a week after New York-based Global Coalition to Protect Education from Attack published a report which found that at least 190 schools were the targets of attack in Myanmar in 2021, up from 10 the previous year.

The report, entitled “The Impacts of Attacks on Education and Military Use in Myanmar” and released on Sept. 9, said attacks on schools spread from at least three to 13 states and regions in Myanmar following the military takeover, with a peak in May 2021, and “often involved the use of explosive weapons with wide-area effects.”

Over the past two years, it said, such attacks had killed or injured more than 9,000 students, teachers and education personnel.

The report urged all sides involved in Myanmar’s conflict to refrain from setting up camps in schools and attacking the education sector.

According to Thailand’s Assistance Association for Political Prisoners, authorities in Myanmar have killed 2,299 civilians and arrested nearly 15,600 since last year’s coup — mostly during peaceful anti-junta protests.

Translated by Khin Maung Nyane. Written in English by Joshua Lipes.

RFA News

Myanmar army shelling kills four IDPs in Moebye

The victims, who included two children, were among hundreds sheltering at a local monastery in the southern Shan State town 

Shelling by junta forces killed four internally displaced persons (IDPs) in southern Shan State’s Pekhon Township on Friday, according to local sources.

The victims, who were among some 300 people sheltering at a monastery in the town of Moebye, included two sisters aged 7 and 10 and two men in their 50s.

A statement released by a local social welfare group said that the incident occurred at around 6am on Friday, when an artillery shell landed on the Mwe Daw Monastery in Moebye’s Myoma Ward. All four of the deceased died instantly, the group said.

According to a resident of the town, at least 13 others were seriously injured.

“They were staying there because they thought it would be safe, as there hadn’t been any clashes in that area. But the military has been firing shells at random. I could hear guns going off all last night, but it has calmed down again now,” said the local, who did not want to be identified.

Moebye residents say that junta troops have been shelling relentlessly since being forced to retreat from the town on September 11 following four days of fighting that resulted in heavy regime casualties.

According to one source, junta forces appear to be trying to inflict as much damage as possible after at least 60 soldiers were killed by a coalition of anti-regime groups while stationed inside a church in Moebye’s Pwel Kone Ward.

“The shells they’re using now are not the usual kind. These ones detonate two or three times, so it’s very concerning,” said the source.

Moebye, which is located near the border with Karenni (Kayah) State, has a population of around 30,000, according to the 2014 census. However, relief groups estimate that around a third of its inhabitants have been displaced by recent fighting.

There are growing fears that the town could see a massive influx of junta soldiers like Demoso, some 25km to the south in Karenni State, where hundreds of reinforcements were sent last month to consolidate regime control.

“We don’t know yet if it will become like Demoso. It all depends on what the military decides to do next,” said one local.
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A building in Moebye destroyed by Myanmar army shelling  (Myanmar Now)

A building in Moebye destroyed by Myanmar army shelling  (Myanmar Now)

A spokesperson for the Kayan Rescue Committee (KRC) said that while some residents have returned to their homes, many were unable to do so due to the ongoing clashes and the destruction of at least 100 houses by the junta forces’ heavy weapon attacks.

“Many locals just decide to stay out in the fields rather than return to their villages. Even people living in the wards that haven’t seen any fighting don’t feel safe anymore,” said the KRC spokesperson.

He added that high fuel and commodity prices have also added to the hardships of IDPs.

“Many of the organizations that had been providing food and other supplies have stopped operating. Moebye used to be a bustling commercial area, but everything’s so difficult now due to the war,” he said.

More than 200,000 ethnic Karenni civilians have been displaced by clashes in Karenni State and parts of southern Shan State since fighting began in the region last year, according to the Karenni Civil Society Network.

Myanmar Now News

School-hour airstrikes leave six children dead in Depayin

Teachers and students were also reportedly held hostage in one of the villages targeted in the assault on Friday

At least six children were killed when Myanmar’s military launched air and ground assaults on several villages in Sagaing Region’s Depayin Township during school hours on Friday, according to local sources.

Residents of the area said that the attacks, which targeted the villages of Letyetkone, Thitton, and Nyaung Hla, also resulted in many other casualties. However, details were not available as most of the affected villagers were still in hiding, they said.

Most of the confirmed casualties were children studying at a school in Letyetkone, where junta troops also reportedly held teachers and students hostage before sending them to Ye-U Township, according to a statement released by Myanmar’s shadow National Unity Government (NUG) on Sunday.

Meanwhile, the anti-regime Depayin Township People’s Administration Team said that around 50,000 people living in villages along the western bank of the Muu River were forced to flee after the military used two fighter jets and two helicopters to carry out a series of surprise attacks on Friday.

In a statement, the group added that helicopters were also used to transport junta troops into the area to launch ground attacks.

A resident of the area said that the military aircraft appeared without warning and fired indiscriminately on the villages below.

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Blood stains the floor of the village school in Letyetkone after an attack by Myanmar’s military on September 16 (Supplied)

Blood stains the floor of the village school in Letyetkone after an attack by Myanmar’s military on September 16 (Supplied)

“They just suddenly came out of nowhere and started shooting. The two helicopters hovered overhead and fired down on us. When the jets passed over us, there was nothing we could do but lie flat on the ground,” he said.

Another resident said the attacks were unexpected because there hadn’t been any recent clashes in the area.

“There hasn’t been any serious fighting around here lately, or any other significant incident. I think they’re trying to clear the way to bring troops in on the ground,” he said.

The military has carried out at least 10 aerial assaults in the area since late last year, when it began to rely heavily on air power to terrorise civilians amid fierce resistance from local defence forces.

“The revolutionary forces are very strong in this township and have a lot of control over the area. That’s why it’s not easy for military columns to travel here,” said the spokesperson for a local resistance group called Depayin Township Brothers.

According to the spokesperson, the timing of the latest attack made it inevitable that children would be killed.

“Many schools are operating in Depayin Township, and they decided to do this during school hours, so of course several children were hit,” he said.

In many other parts of the country under the control of the regime that seized power last year, schools remain closed due to boycotts by parents opposed to the return of military rule.

In its statement, the NUG said that it strongly condemned the “targeted attacks on the schools [as] an inhuman and brutal war crime” and a gross violation of children’s right to education.

Myanmar Now News