Recent defamation case in Phakant highlights urgent need to bring the Burma Army under civilian control 

September 8, 2017

 

Recent defamation case in Phakant highlights urgent need to bring the Burma Army under civilian control

 

Since the founding of the Kachin Women’s Association Thailand (KWAT) on September 9, 1999, we have been working to promote and protect the rights of women and children in Kachin areas of Burma. Unfortunately, due to worsening Burma Army offensives and abuses, the rights of our communities continue to be systematically violated.

A recent case of defamation brought by the Burma Army against a Kachin rights activist highlights the urgent need to end the military’s absolute power and bring it under civilian control.

On June 26, 2017, Phakant township judge, U Soe Lin Aung issued a summons to local community leader Dashi Naw Lawn to face charges of defamation of the Burma Army under Article 500 of the Penal Code.

These charges had been brought by Captain Kyi Myint Htun of Infantry Division 101, based in Phakant, who accused Dashi Naw Lawn of distributing defamatory leaflets to commemorate the six-year anniversary of the breaking of the ceasefire and renewal of conflict in Kachin areas of Burma on June 9, 2017.  The leaflets contained information about human rights violations by the Burma Army, including sexual violence, torture, killing and disappearance of civilians, and destruction and looting of villages.

Dashi Naw Lawn, aged 56, is the secretary of Myusha Zinlum, a local community based group, which defends the rights of villagers in Phakant. The pamphlets were produced by several community based groups in Myitkyina and sent to Phakant, where his group distributed them on June 9, 2017.

The trial is ongoing, and Dashi Naw Lawn may be punished with a fine and up to two years in prison. Groups in Myitkyina have not been charged in relation to the pamphlets.

 “The Burma Army clearly wants to silence activists in Phakant, a conflict zone where they have committed so many abuses against civilians,” said, KWAT spoke person, Moon Nay Li.

Among violations documented by KWAT in Phakant, is the shooting of Ja Seng Inn, a 14-year-old schoolgirl, by troops of LIB 389 on September 13, 2012. When her father wrote a letter of complaint to the Myanmar Human Rights Commission accusing the Burmese troops of killing her, he ended up being imprisoned for two years under Penal Code Article 211 – for falsely bringing charges against the military.

“Instead of the law being used to charge perpetrators, it is being abused by the military to punish victims and rights defenders,” said, KWAT spoke person, Moon Nay Li.

KWAT deplores this lack of justice, and the Burma Army’s ongoing impunity for its systematic rights violations.

On the 18th anniversary of our founding, KWAT reiterates our calls for an immediate end to Burma Army attacks and the beginning of inclusive political dialogue, so that a new federal constitution can be drawn up to end the civil war, and bring the Burma Army under civilian control.

Contact person;

Moon Nay Li (Thailand) +66 85 523 3791
San Htoi ( Thailand)  +66 939 621 908

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ND-Burma bring together members to discuss human rights work  1-5 September, Yangon 

ND-Burma held its 32nd Network meeting from 1-5 September in Yangon. The meeting brought together representatives from 7 member organizations, two affiliates,and one candidate. TheHuman Rights Documentation Network (HRDN) also attended.
Attending members included: The Assistance Association for Political Prisoners (AAPP), the Human Rights Foundation of Monland (HURFOM), Kachin Women’s Association of Thailand (KWAT), The Ta’ang Women’s Organization, the Ta’ang Students and Youth Organization, and Equality Myanmar. 
 
Affiliate members the Pa’O Youth Organization and Human Rights Defenders and Promoters (HRDP) also attended, as did candidate member the Former Political Prisoners Society, East Bago Region.
Members updated each other on their activities and agreed common positions on the wide range of human rights issues currently facing Burma. Members also discussed how best to move forward their campaign for justice for the country’s many victims of human rights violations.
 

ND-Burma has been documenting human rights abuses and fighting for justice for victims since 2004. It currently has 13 members who represent a range of ethnic nationalities, women and the LGBTI community.

August Justice newsletter

Seeking Justice in Burma

August 2017

ND-Burma’s documentation finds continued impunity for abuses 

ND-Burma published an update on the human rights situation based on its documentation, which found that grave human rights abuses continue to be committed by government security forces and ethnic armed organizations. Impunity continues to be the norm, with each case in the update remaining uninvestigated and unpunished.

ND-Burma Coordinator Han Gyi said:

“As long as there is impunity for human rights violations, they will continue. Both the Tatmadaw and ethnic armed organizations must acknowledge that they have committed grave human rights violations and apologise to victims. Without recognition of the crimes of the past, victims cannot trust they will not happen again. Without justice there can be no rule of law and no democracy.”

ND-Burma demands government deliver justice in order to stop human rights violations;

Government silent on ‘88 anniversary

ND-Burma wrote an article in Tea Circle, Oxford University’s forum for Burma issues, criticising Daw Aung San Suu Kyi’s claim that victims of human rights rights violations had been “hindrances” in Burma’s transition. ND-Burma argued that:

“Justice for rights violations does not need to come in the form of criminal tribunals. Words can begin to heal wounds. But as long as Burma stays silent, the abuses will continue. Indeed, the “victims of the past” are not “hindrances”, but essential parts of Burma’s future.”

Daw Aung San Suu Kyi’s comments came a few days after the anniversary of the ‘88 revolution, which her government did not formally acknowledge. The 88 Generation Peace and Open Society held a ceremony in Yangon where human rights activists called on Burma to remember ‘88 in order to propel the country forward.

Advisory Commission on Rakhine State publishes final report

The Advisory Commission on Rakhine State published its final report outlining recommendations to address conflict in the region. The proposals included a call for accelerated citizenship verification and respect of citizenship rights, as well as ending restrictions on freedom of movement and increased political representation of ethnic minorities, including the stateless and displaced.

The government previously said it would implement the Commission’s recommendations. However, renewed attacks by Muslim militants in northern Rakhine State the day the report was published have resulted in another military crackdown in the region.

Human rights programme launched in schools

August  saw the launch of a human rights programme for 73 high schools in Bago region. Between 100 – 700 students will join the initiative, which will conclude at the end of September. The curriculum was put together by ND-Burma member the Assistance Association for Political Prisoners (AAPP), which is lobbying for human rights to be permanently included in the school syllabus.

Ban on student political activities lifted

The Ministry of Education lifted the ban on student participation in political activities. Involvement in political activities such as protests now no longer carries the threat of expulsion.

Human rights commission inspects prisons in reform drive

The Myanmar National Human Rights Commission conducted a five day visit of a number of jails as part of the government’s prison reform process. ND-Burma member AAPP has been a long time advocate for prison reform – their report on penal overhaul with recommendations can be found here.
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ND-Burma is a 13 member organization representing a range of ethnic nationalities as well as women and the LGBTI community. Our members are:

  1. Assistance Association for Political Prisoners – Burma   
  2. Kachin Development Networking Group   
  3. Human Rights Foundation of Monland   
  4. Kachin Women’s Association – Thailand
  5. Palaung Women’s Organization
  6. Ta’ang Students  and Youth Organization   
  7. Tavoyan Women’s Union (TWU)

Affiliate Members

  1. All Arakan Students’ and Youths’ Congress   
  2. Chin Human Rights Organization
  3. EarthRights International
  4. Equality Myanmar
  5. Lahu Women’s Organization   
  6. Pao Youth Organization

New report: pristine valley on Kachin-China border under threat from Naypyidaw’s export-oriented dam plans

New report: pristine valley on Kachin-China border under threat from Naypyidaw’s export-oriented dam plans

A new report launched today exposes how the stunningly beautiful, biodiverse Ngo Chang Hka valley — ancestral home to over 4,500 indigenous people on the eastern Kachin State-China border — is under threat from a cascade of four dams, which are among 50 large hydropower projects planned by the Burmese government, mainly for export.

“Saving the Ngo Chang Hka Valley” by the Kachin Development Networking Group (KDNG), details secretive plans by China’s YEIG International Energy Cooperation and Development Corporation to dam the Ngo Chang Hka – a tributary of the N’Mai, one of the headwaters of the Irrawaddy – to produce 1,200 megawatts of electricity. This is part of Burma’s Ministry of Electricity and Energy target to increase national hydropower capacity from about 3,000 to 45,000 megawatts by 2030.

Download full Statemnet

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Saving the Ngo Chang Hka Valley

History of the Ngo Chang Hka region

The Ngo Chang Hka flows through the mountain valleys of the eastern edge of Kachin State and into the N’Mai Hka. The N’Mai Hka continues southward and joins the Mali Hka at the Myitsone confluence to form Burma’s great Irrawaddy River. The borderlands of the Ngo Chang Hka form part of the eastern Himalayan ecoregion, a place of globally outstanding biodiversity and ancient human settlements.

Records indicate that the Lhao Vo and Lachid peoples first settled along the lower and middle reaches of the Ngo Chang River roughly 2,000 years ago, while the Ngo Chang people, who trace their ancestry back to the Lachid, journeyed further upstream where they established settlements roughly 1,200 years ago. Lisu settlers later arrived in the area. These communities were traditionally ruled by hereditary chieftains or Duwas.

Please Download Full Report

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Latest Burma Army war crimes in Kachin State highlight urgent need to end military-to-military ties with Burma

Latest Burma Army war crimes in Kachin State highlight urgent need to end military-to-military ties with Burma

On August 11, 2017, hundreds of Burma Army troops entered Kasung village, in Mogaung township of Kachin State, shooting indiscriminately at civilians. One villager was killed, at least two injured, and over 1,000 IDPs were forced to seek shelter in Namti and Lambraw Yang villages.

The attack was part of a new Burma Army operation to drive out Kachin troops from the hills north of Namti. Over 600 troops from three battalions, IB 29, LIB 381 and 384, have been deployed into the area since early August.