ND Burma
ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.
Recent Posts
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- Press Statement: Argentine Court’s arrest warrants are welcome progress towards justice
Govt must take responsibility for past abuses, says UN rights envoy
/in NewsBy FRONTIER
YANGON — The government must recognise and take responsibility for past human rights abuses, because a failure to do so would lead to more denial and avoidance and encourage further “systematic” violations, a senior United Nations official has warned.
The UN special rapporteur on human rights in Myanmar, Ms Yanghee Lee, issues the warning in a report due to be presented to the UN Human Rights Council on March 11.
Lee addresses the issue in a section of the wide-ranging March 5 report that focuses on accountability, which she says “necessarily involves criminal justice”.
“The people of Myanmar must not be forced to wait decades for justice as a result of the combined inability and unwillingness of their Government and the inaction of the international community to bring it about,” she says.
“It is imperative that the international community’s focus remains on justice and accountability for victims in Myanmar,” says Lee, who calls on the UN to make an evidence-gathering body established by the Human Rights Council last September operational as soon as possible.
The body, known as an Independent Mechanism, was established after a damning report on human rights abuses in Myanmar was released last September by a UN fact-finding mission that investigated violations in Kachin, Shan and Rakhine states.
The fact-finding mission called for Tatmadaw Commander-in-Chief Senior General Min Aung Hlaing and other senior officers to be investigated and prosecuted for genocide, crimes against humanity and war crimes.
Describing the Independent Mechanism as an interim measure, Lee said the situation “must be referred to the International Criminal Court for full investigation and prosecution of those responsible forthwith”.
If there was no referral to the ICC, Lee suggested establishing an international tribunal to independently and impartially adjudicate on the international crimes committed in Myanmar since 2011.
She reiterated concern over the government-appointed Independent Commission of Enquiry formed in May last year to investigate human rights violations in Rakhine, saying she doubted whether it was capable of achieving accountability.
On another issue involving the Tatmadaw, Lee expressed extreme concern that three officers had received training for UN peacekeeping duties.
On the Rohingya crisis, Lee said conditions did not exist for the safe, voluntary and sustainable return of refugees from Bangladesh under a repatriation agreement signed with Myanmar in December 2017.
She also expressed concern about proposals to establish “safe zones” for returnees in northern Rakhine, saying they could result in repatriated people being more vulnerable, further constrain their freedom of movement and segregate them from other communities.
As well as accountability, the 28-page report also addresses issues such as armed conflict and the peace process, refugees and displaced persons, land rights, transparency and military commercial interests and resource extraction and infrastructure development.
Lee, who was appointed to the UN role in 2014 but was banned from further visits to Myanmar by the National League for Democracy government in late 2017, expressed alarm in the report about the use of hate speech by senior government officials.
She condemned a comment last December by the Minister of Religious Affairs and Culture, U Aung Ko, about “Bengalis”, the term used by the government to describe the Rohingya to imply that they are illegal immigrants from Bangladesh.
“Such incendiary comments by a senior official are entirely antithetical to the Government’s stated aim of reconciliation and desire to address the problems of hate speech and incitement to violence,” said the special rapporteur, who also drew attention to “discriminatory and incendiary material” in primary school textbooks, as reported by Frontier in January.
She cited a fourth grade lesson that says, “we loathe those of mixed blood, for they prohibit the progression of a race”.
Lee said teaching children these ideas promotes racial superiority and communal disharmony and she urged their immediate removal from the curriculum.
The report was critical of the number of people in jail or detained for political activities, which Lee said was “totally unacceptable” in a democratic society.
“As of 28 February, this includes 33 people serving sentences and 311 people awaiting trial in relation to exercising their rights, of whom 86 people are detained while awaiting trial. This is worrying as it represents a significant increase from the same time last year, when 184 people were under trial,” said Lee, who called for a halt to politically motivated charges.
Lee ends her report by calling on the international community to keep the situation in Myanmar at the top of its agenda.
“It is only through the international community’s actions that justice can be brought about in Myanmar,” she says.
Prison Overcrowding and the Need for Urgent Reform
/in ND-Burma Members' ReportsIntroduction
Prisons are a direct reflection of a country’s administrative, legislative and
judicial systems1.
Hidden from public view, facing stigmatization and afforded little public
sympathy, prisoners face a greater risk of having their human rights
abused2. These issues are compounded even further in light of rising prison
populations around the world and the prevalence of prison overcrowding.
Reducing prison overcrowding, is an essential first step in reforming the
criminal justice system in Burma where prisons have a notorious history of
human rights abuses and impunity.
Presidential amnesties, as have occurred in Burma and the construction
of more prisons, as is proposed, are short term and costly solutions to
much more systemic issues, that contribute to prison overcrowding. If laws
and prison conditions remain unchanged, these measures will not have
a lasting impact on improving human rights in prisons. Systemic reform,
addressing issues related to broader issues of social justice, disproportionate
punishments, and the lack of an adequate separation of powers in Burma will
ensure sustainable and long-term solutions to prison overcrowding can be
implemented, reducing the high social and financial costs of incarceration.
This will improve prospects for development, the advancement of human
rights and social justice for all of Burma3.
The Assistance Association for Political Prisoners (AAPP) urges the
Government of Myanmar to seize this opportunity to demonstrate their
commitment to ending human rights abuses across Burma by actively
engaging in prison reform, starting with the most pressing issue of prison
overcrowding.
“Prison Overcrowding and the Need for Urgent Reform”
AAPP Launch of ‘Prison Overcrowding and The Need for Urgent Reform’ Report
/in NewsOn December 13, the Assistance Association for Political Prisoners (AAPP) launched our report titled “Prison Overcrowding and The Need for Urgent Reform” at the Green Hill Hotel in Yangon. Rangoon Division’s Parliament Representatives, former political prisoners, representatives from civil society organizations (CSOs), reporters from different media agencies and interested people attended the ceremony. AAPP Secretary U Tate Naing, Rangoon Office Chief U Aung Myo Kyaw and Officer In-Charge of the Documentation and Research Team/Deputy Foreign Affairs Ko Zaw Moe answered questions of attendees.
International Human Rights Day
/in NewsOn December 10, we celebrate Human Rights Day to commemorate the adoption of the Universal Declaration of Human Rights in 1948 – exactly 70 years ago.
Talking about the importance of the Universal Declaration of Human Rights, UN Secretary-General U Thant had said: “This great and inspiring instrument was born of an increased sense of responsibility by the international community for the promotion and protection of man’s basic rights and freedoms. The world has come to a clear realization of the fact that freedom, justice, and world peace can only be assured through the international promotion and protection of these rights and freedoms.”
In this spirit, the European Union is committed to support and promote human rights in Europe, in Myanmar, and around the world
EU Myanmar
Estimating Trafficking of Myanmar Women for Forced Marriage and Childbearing in China
/in ND-Burma Members' ReportsIn 2017, the Johns Hopkins Bloomberg School of Public Health’s Center for Humanitarian Health partnered with the Kachin Women’s Association Thailand to conduct a mixed methods study (combining qualitative and quantitative research methods) in Kachin State and Northern Shan State in Myanmar, and Yunnan Province in China.
The study seeks to estimate the prevalence of trafficking for forced marriage and childbearing among women and girls from Myanmar (specifically Kachin State and Shan State) to China (specifically Yunnan Province), as well as to improve understanding of the migration patterns, including risk and protective factors relating to force, coercion, and trafficking.
Click here to download full report.
October Monthly Chronology 2018 and Current Political Prisoners list
/in ND-Burma Members' ReportsMONTH IN REVIEW
October in Numbers
Sentenced: 8
Arrests: 10
Charged: 17
Released: 5
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October Month in Review
October was another grim month for Burma’s press freedom. Three senior journalists from Eleven Media were charged under Section 505(b) of the colonial era Penal Code by the Yangon Regional Government. 505(b) is used frequently to suppress freedom of speech. Eleven Media allegedly criticised the Yangon Regional Government. The accused are managing editors Kyaw Zaw Lin, Nari Min, and chief reporter Phyo Wai Win. Such trials can financially cripple small media corporations. The trio were arrested for deeming to cause “public distrust in the company”. These actions from elected officials is unacceptable in Burma, a country in the midst of transition into a democracy. The intervention of President U Win Myint in the case is welcomed, but his advice has thus far gone unheeded. In the lead up to the UN’s ‘Day to End Impunity for Crimes against Journalists’, this was yet another disappointing set back for media freedom in Burma.
Rather than periodic recommendations from the echelons of power, Burma needs comprehensive reform of its many outdated laws.
This month marked another chapter in the trial of the Tanintharyi Journal. On October 1 the weekly journal was charged by the Dawei Township court in Tanintharyi Region under Article 25(b) of the Media Law for a satirical piece published in the Journal’s November 20, 2017 issue. The piece titled “Electioneering Smile” allegedly satirized regional Chief Minister Lei Lei Maw as the fictional Shwin Gwan Gwep lawmaker. If found guilty they could be fined up to 1,000,000kyats ($628) for ‘deliberately affecting the reputation of a specific person or an organisation, if not concerned with public interests and human rights’. On October 26, the Supreme Court in Naypyitaw rejected an appeal to drop the charge filed on August 14. Without trying to understand the nature of satire, charges of defamation is concerning for media freedom. The Eleven Media trial and this lawsuit demonstrates the continued deterioration for press freedom in Burma. Moreover, freedom of expression is also under attack from a variety of defamation cases.
On October 23 former member of the NLD, Magway Division Lower House MP, Tin Aung Tun charged Dr Myo Nyunt under Section 10 of The Law Protecting the Privacy and Security of the Citizen, at Minbu Police Station. The case essentially stems from a series of remarks made to reporters following an NLD executive committee meeting. An inter-party dispute that could now escalate into jail time. A state of affairs perfectly encapsulating Burma’s judicial predicament. Following the NLD committee meeting, Dr Myo Nyunt told reporters that Tin Aung Tun had resigned because “party rules were too strict and they were also not happy that they had to make cash contributions to the party”. Tin Aung Tun quickly followed with a lawsuit because “what he said is not true and damaged my reputation”. Article 8(f) of The Law Protecting the Privacy and Security of Citizens makes it a crime to act “in any way to slander or harm a citizen’s reputation in the absence of an order, permission or warrant issued in accordance with existing laws or permission from the president or a Union-level government body”. Article 10 states that those found guilty will be sentenced to between six months and three years and a substantial fine. The Government must take action and amend this restrictive law.
The Law Protecting the Privacy and Security of Citizens was used again this. On October 26 Aung Than Wai was sentenced to six months imprisonment for criticising former Arakan State Secretary. Aung Than Wai was charged for a facebook post allegedly criticising the State Government following the Mrauk-U riots.
PAPPL continues to be used against activists to restrict freedom of expression. In October, two committee members of the Movement for Democracy Current Force (MDCF), Thet Zin and Kyaw Zin Lat, were charged under Section 20 of PAPPL. They both held protests calling for the International Criminal Court (ICC) recommendation for action to be taken against Burma’s Generals. Aung Myint, Myat Kyaw, Kyaw Moe, and Thet Myo Aung were charged at Kyauktada Police Station under Section 199 of PAPPL, for supporting the Fu Yun labour strike. All Burma Federation of Student Union (ABFSU) members, Ninn Aung and Wai Yan were arrested by an unknown group. A total of 81 activists and civilians have been facing trial outside prison and inside prison under PAPPL. Liberal democratic societies respect human rights and allow people to protest freely. In this case however, those cases illustrate that Burma has failed to respect these rights. AAPP urges to protect the rights of its citizens by immediately amending PAPPL.
Arbitrary arrests have continued in ethnic areas this October. Two members of Arakan Youth Conference (AYC) Aung Zaw Lin and Khine Bo Bo Buthidaung Town, and May Yu Tun the member of the Arakan National Party (ANP) in Pauktaw Township were arrested and charged under Section 302 of the Penal Code in regards to the death of a Military Intelligence Corporal in Sittwe Town, Arakan State. Arresting youths from these organizations creates concerns for political freedom as it suppresses their political participation. These actions contravene International Laws, ICCPR and as well as local law, and the 2008 Constitution. Therefore, AAPP urges the Government to immediately release these activists and show the Government is committed to protecting the freedom and security of its citizens.
In addition, arresting, charging and sentencing civilians for unlawful association or without probable cause restricts the freedoms of citizens and infringes on their basic human rights. The following incidents from October highlight the ongoing issue of arbitrary arrests, sentences and unlawful charges under vague and repressive laws.
Principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment stipulates that, “anyone who is arrested shall be informed at the time of his arrest of the reason for his arrest and shall be promptly informed of any charges against him”. However, those who are arbitrarily arrested do not know why they are detained, and thus have their basic rights infringed. As long as the Government is unable to solve these problems, the National Reconciliation process will remain delayed. Therefore, AAPP calls on the Government to release all the people who have been arrested, charged and sentenced and show that the Government is committed to the rights of the ethnic minorities and to National Reconciliation.
Land Rights
Land confiscations and disputes continued to occur this October.
On October 6, President U Win Myint told department officers in Magway Townhall that solving confiscated land issues without corruption is imperative to making sure farmers do not have any grievances with the process. However, from our observations, land disputes have not ceased. Problems related to receiving compensation, the full amount of compensation, or the proper confiscated land back continue. Because of these problems, their livelihood and social life suffer. Burma signed an agreement of the ICESCR, so it should comply and follow its regulations. Therefore, AAPP urges the Government to protect its farmers by enacting an effective farmland law and protect the rights of its farmers.
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For more information:
Assistance Association for Political Prisoners (AAPP)
Tate Naing (Secretary) +66 (0) 812 878 751
Aung Myo Kyaw (RGN Office Incharge ) +95(0) 42811 7348
Monthly Chronology for Download October Chronology
Month In Review English MiR October
Current Political Prisoners list 28 Remaining PP list Updated On October 31, 2018
Facing Trial list 262 facing trial list updated on October 31, 2018 (Updated)
66 (D) list for Download 66 (D) total list(new) Updated