AASYC Submission to the UN Universal Periodic Review (UPR) to the 37th Session of the Human Rights Council. The report titlled Human Rights Violations in the Armed Conflicts in Arakan, Burma/Myanmar.

AASYC Submission to the UN Universal Periodic Review (UPR) to the 37th Session of the Human Rights Council. The report titlled Human Rights Violations in the Armed Conflicts in Arakan, Burma/Myanmar.
The report mainly addresses how Myanmar Government and Myanmar Army (Tatmataw) commited the human rights violations towards the civilians in Arakan violating the fundamental rights of the citizens as well as violating the international human rights obligations.
Information and Public Relation Department
All Arakan Students’ and Youths’ Congress (AASYC)
Download Full Report

Download Full Report

June Justice Newsletter (June 2020)

Conflict Continues Amid the Pandemic, Fueling Insecurity and Unrest in Burma

COVID-19 has continued to further expose the quickly deteriorating human rights situation in Burma. The escalation of fighting amid the pandemic has allowed more violations to take place with impunity. This month, conflict escalated in Rakhine State as several human rights groups released documentation on the extent of the alleged abuses, calling for immediate lifts on restrictions to humanitarian aid. Frontline volunteers have also spoken out, saying gaps remain in COVID-19 response and are appealing to the National League for Democracy government to provide safety equipment and training to those supporting the relief effort. Perhaps even more concerning are those who have been detained for attempting to transport food to IDPs as was the case for 12 individuals who appeared in court in Mrauk-U on 23 June. The need for food and materials has been compromised, particularly in Rakhine and Chin by fighting, where the Burma Army has blocked land and water food supply lines. Challenges remain and are fueling insecurities in communities.

At the beginning of the month, the Ta’ang National Liberation Army (TNLA), the Myanmar National Democratic Alliance Army and the Arakan Army released a statement with an offer to extend a bilateral ceasefire with the Burma Army to advance further peace negotiations. In response, the President’s Office spokesperson said the government would be continuing their operations in Rakhine, justifying it on the basis that the recently branded ‘terrorist organization’, the Arakan Army, is committing extremist acts. Meanwhile, the peace process has emerged as a distant prospect for reconciliation, especially as political parties focus their energy on the upcoming November election. In a piece from Frontier Myanmar, Sithu Aung Myint, writes that genuine peace in Burma is truly only possible if all stakeholders (namely the government, EAOs and Burma Army) are willing to negotiate and make compromises.

This month, the United Nations Human Rights Council adopted a resolution on human rights in Burma. The country has been told to grant ‘full and unhindered access’ to diplomats, independent observers and the media. Burma rejected the draft resolution, which though unsurprising sets a worrying tone for the future of the country’s affairs.

Rakhine State

Rakhine Leaders Submit Resignation Over Fears of Arrest | 5 June 2020

Out of fear of arrest by the Burma Army, over 50 village and ward administrators in Myebon township quit after three colleagues were detained on terrorism charges. COVID-19 has also exacerbated fears further with government soldiers increasing seizures and arrests, and expanding operations.

Shelling in Sittwe Kills One, Injures Five | 11 June 2020

A 7th grade student was one of the victims injured by shelling during clashes between the Burma Army and the Arakan Army. Another woman in her 90s was killed. Fighting continues in Western Burma despite ceasefire calls.

Burma Army Orders Villagers to Leave for Clearance Operations | 26 June 2020

Over 10,000 people were forced to leave their homes so the Burma Army could advance their operations against the Arakan Army. Those forced to flee were from 17 communities living in Kyauktan village. Over 160 000 civilians have been displaced across the 18-month civil war.

Following this order, the embassies of Australia, Canada, the US and UK governments expressed concern over the clearance operations writing that the ‘protection of civilians, their property and livelihoods by all parties must be prioritized.’ The United Nations also articulated worry about the humanitarian impact of conflict in Rakhine and Southern Chin States calling on ‘all parties to respect international humanitarian law.’

Clashes in Rathedaung Injure IDP | 26 June 2020

A civilian living in an IDP camp near the town of Rathedaung was shot in both legs during fighting between the Burma Army and Arakan Army.

Chin State

Bombing in Western Burma, Injures & Kills Civilians | 6 June 2020

Chin villagers have been forced to flee heavy fighting between the Burma Army and the Arakan Army. A bombing in Paletwa wounded 12 and killed 9. The devastating loss of life continues to take place without accountability.

Shan State

Pa-O Farmers Face Trial | 11 June 2020

Farmers in southern Shan likely face trial as the Burma Army refuses to drop trespassing charges against them over a land dispute. Over 200 civil society organizations accused the Burma Army of confiscating and destroying local land. Land confiscation amid COVID-19 has been a reoccurring instance in Shan State, as well as in Rakhine.

Burma Army and the RCSS Clashed in Hsipaw | 15 June 2020

While there are no reported casualties, fighting between the Restoration Council of Shan State and the Burma Army broke out in Hsipaw, where farmers are concerned that their harvest before monsoon will be delayed because of ongoing clashes.

Justice Delayed, Justice Denied say Shan Human Rights Groups on Anniversary of Hsai Khao and Tad Fa Ho Massacres | 16 June 2020

Shan human rights groups are still waiting for justice in remembrance of the 56 villagers massacred by the Burma Army, 23-years ago in Kunhing township. The lost lives marked the largest single-day killing during the clearance operations in Shan State between 1996-98.

Farmers Trapped in Conflict Zone | 20 June 2020

When fighting slowed in Kutkai, Shan State, IDPs worked on rotational farms. The recent escalation in clashes now has them trapped in the middle of a conflict zone where fears from their families has been heightened by a lack of information about their safety.

KIA, Burma Army Clash for Four Days | 22 June 2020

Tensions in Shan State have been increasing  as the Burma Army and Kachin Independence Army (KIA) have clashed for four days straight in Kutkai township, northern Shan. Fighting is taking place despite the Burma Army issuing a unilateral ceasefire from 10 May to the end of August. The KIA has not signed the Nationwide Ceasefire Agreement.

Burma Army Fires Artillery Shell into Kyaukme, Killing Civilian | 30 June 2020

Indiscriminate shelling by the Burma Army in Pankyan village in northern Shan killed a man and injured a woman. Burma Army deployments in eastern Shan are also threatening the safety and security of IDPs along the Thai border as over 800 troops entered the area in June as military tensions increase with the Restoration Council of Shan State.

Karen State

 

Mutraw District Shelled by Burma Army, Civilians Wounded | 2 June 2020

Two civilians were wounded in Wah Klo Htar village when the Burma Army indiscriminately shelled into villages in Mutraw district. The father and daughter who were struck were immediately rushed to the hospital and discharged with non-life-threatening injuries. According to the Karen National Union, the Burma Army has increased their military operations in border areas and displaced civilians.

 

Free Burma Rangers Documents Rights Abuses in Karen State | 3 June 2020

Documentation by Free Burma Rangers revealed human rights abuses by the Burma Army including shelling and killing of activist, Saw They Mi. Their operations also forcibly displaced over 100 villagers.

 

KNU Says the Government Used the NCA to Increase Troops | 3 June 2020

Statement by the Karen National Union (KNU) alleges the Burma Army took advantage of the Nationwide Ceasefire Agreement by doubling the number of troops in Karen State in Brigades 5 and 7. Under the agreement signed in 2012 between the KNU and the Burma Army, troop movements must be in consultation with the two parties. Civilians have been forcibly displaced as a result.

Karen Peace Support Network Release Report on Destruction of COVID-19 Checkpoints | 16 June 2020

The Karen Peace Support Network released a short report on the destruction of COVID-19 checkpoints, which detailed the Burma Army’s new offensive in Mutraw District.

Karen Human Rights Group Releases Statement on the International Day for the Elimination of Sexual Violence in Conflict | 22 June 2020

In marking the International Day for the Elimination of Sexual Violence in Conflict, Karen Human Rights Group called on the Burma government and Army to investigate past sexual abuses across Burma and ensure that those responsible are held accountable without giving any excuses.

 

Kachin State

Anniversary Marks Nine Years of Conflict in Kachin | 9 June 2020

On the nine-year anniversary of armed conflict resuming in Kachin State, the Joint Strategy Team called for humanitarian needs to be met in northern Burma. To date, the war has displaced over 120 000 civilians over 170 camps across Kachin and northern Shan State. ND-Burma member, the Kachin Women’s Association Thailand joined the call.

Then, just after the nine-year marking of renewed fighting, the Burma Army and Kachin Independence Army clashed in northern Shan State. Civilians expressed fear and concern over the escalating fighting, stating that they ‘not dare go outside their homes.’

IDPs in Laiza, Kachin State have also called for aid to repair broken shelters as a result of heavy rains and strong winds.

 

Freedom of Expression

 

Freedom of expression also continued to decline, leading the United Nations High Commissioner for Human Rights, Michelle Bachelet to speak out against censorship amid COVID-19. She called for the stop of misinformation or else the credibility of institutions will only be weakened further. 

 

More Charges for Peacock Generation Performers | 11 June 2020

Peacock Generation street performers were sentenced with additional charges for their satirical performance about the Burma Army. The sentencing speaks volumes to the decline of freedom of expression in the country and rising censorship.

Open Letter to the President and the State Counsellor of the Republic of the Union of Myanmar on Internet Shutdown | 19 June 2020

Arakanese political parties, civil society organizations and the media addressed Burma’s democratic transition in their letter expressing concern over the Internet shutdown in Rakhine and Chin where approximately 800,000 people have been impacted.

 

One Year of Internet Ban in Rakhine, Chin | 21 June 2020

In February 2020, the Ministry of Transport and Communications announced they were imposing an information shutdown in five townships in conflict torn Rakhine and Chin States. The reinstatement followed previous restrictions on mobile Internet in nine townships nearly one year ago on 21 June 2019. The decision immediately came under fire by international human rights watchdogs including Human Rights Watch, Fortify Rights and independent experts appointed by the Human Rights Council.

Over a year later, activists continue to call for the lift of the world’s longest Internet shutdown. The government has given no indication of resuming access to the thousands of civilians impacted by the shutdown, despite the vital need for information especially in the wake of the COVID-19 pandemic which has so far claimed the lives of six individuals and infected nearly 300. Six activists were charged by the Burma police for protesting the Internet ban, and have been taken into custody for hanging posters in Yangon on 21 June. The banner called into question the integrity of the Internet ban, suggesting it as a coverup to possible atrocities.

It is also worth noting that the number of clashes has doubled after Internet shutdown.

 

Member Update

 

  • The All Arakan Students’ & Youths’ Congress released their May documentation of human rights violations in Rakhine State.

 

  • Progressive Voice, launched a report on the response to COVID-19 in Burma, arguing that the pandemic has been used for political gain in the lead up to the general election in November 2020. Read the report
  • The Assistance Association for Political Prisoners released political prisoner numbers for May noting 592 including 41 serving sentences, 142 awaiting trial inside prison and 409 awaiting trial outside prison.
  • The Chin Human Rights Organization released two human rights updates this month on the situation civilians face in conflict areas, including road blockages by the Burma Army limiting access to food and materials. In addition to limited mobility, those who do travel face extreme risks, as was the case on 10 June 2020 when a 43 old man from Paletwa township was shot by the Burma Army transporting rice for IDPs.
  • In an informative discussion hosted by US Campaign for Burma on World Refugee Day, Moon Nay Li from the Kachin Women’s Association Thailand, spoke about challenges for IDPs as humanitarian aid decreases – despite active conflict. Rin Fujimatsu from Progressive Voice, also joined the panel to speak about the challenges IDPs and refugees face across Burma including limitations on mobility and the Burma government’s inadequate response.
  • Several ND-Burma members joined 100+ CSOs on World Refugee Day in expressing concern for the current situation in Burma, amid growing instability and increased rights violations. Calls for accountability addressed much needed reforms to policy and unrestricted aid access. Progressive Voice also endorsed a joint-statement with Forum-Asia and the Asia Pacific Refugee Rights Network calling for refugee protection for asylum seekers in the region.
  • ND-Burma members also joined an endorsement on military land grabs and human rights violations taking place in Hsiheng, Shan State including the Pa-O Youth Organization, Progressive Voice, the Human Rights Foundation of Mon Land, Future Light Center, Tavoyan Women’s Union, Ta’ang Students and the Youth Union, the Ta’ang Women’s Organization and the All Arakan Students’ and Youths’ Congress. In a timely Weekly Highlight, Progressive Voice shared a blog-post on forced displacement and Burma’s failed land laws.
  • On International Day in Support of Victims of Torture Day, ND-Burma issued a joint statement with Asia-Justice and Rights, the Assistance Association for Political Prisoners, and the Vimutti Women’s Organization to call for an end to torture, and for reparation and justice for torture survivors. Two short animated films were also produced on the history of torture and violence and on how torture is used in Burma and the impact it has on survivors.
  • Affiliate member, Progressive Voice, issued a joint statement on ensuring civil society participation for a people-centered ASEAN.
  • In news release by Fortify Rights calling on the Burma government to abide by international landmine clearance standards, ND-Burma member, the Ta’ang Women’s Organization says it is not enough to only clear landmines; they must also stop using landmines and to work with civil society.

ND-Burma is a network that consists of 13-member organisations who represent a range of ethnic nationalities, women and former political prisoners. ND-Burma member organisations have been documenting human rights abuses and fighting for justice for victims since 2004. The network consists of nine Full Members and four Affiliate Members as follows:


Full Members:

  1. All Arakan Students’ and Youths’ Congress 
  2. Assistance Association for Political Prisoners
  3. Association Human Rights Defenders and Promoters 
  4. Future Light Center 
  5. Human Rights Foundation of Monland
  6. Kachin Women’s Association – Thailand
  7. Ta’ang Women’s Organization
  8. Ta’ang Students and Youth Union
  9. Tavoyan Women’s Union 

 Affiliate Members:

  1. Chin Human Rights Organization
  2. East Bago – Former Political Prisoners Network
  3. Pa-O Youth Organization
  4. Progressive Voice

International Day in Support of Victims of Torture, 26 June 2020 Achieve Justice by Combating Impunity

International Day in Support of Victims of Torture, 26 June 2020

Achieve Justice by Combating Impunity

On this International Day in Support of Victims of Torture, Women’s League of Burma (WLB), Network for Human Rights Documentation – Burma (ND-Burma), Assistance Association of Political Prisoners (AAPP), Vimutti Women’s Organization (VWO) and Asia Justice and Rights (AJAR) are calling for an end to torture, and for reparation and justice for torture surviors.

To mark this important day, and amidst restrictions to organise gatherings, we created an animation film entitled “Achieve Justice by Combating Impunity”, which illustrates how torture is used in Myanmar and the impact it has on survivors.

In Myanmar, torture is widely used in conflict areas. Amidst the Covid-19 pandemic, despite a wide call globally and locally for an immediate ceasefire, the Myanmar army announced only a limited ceasefire which does not cover the most active conflicts. On the contrary, the army is intensifying fighting in several areas including in Rakhine State, which leads to additional human rights violations including torture, against civilans. In several recent cases brought to light by social media, the Myanmar army was forced to admit that their troops committed torture, but justice processes are still elusive.

In addition, sexual violence as a form of torture in ethnic conflict areas continues to be documented, as well as the use of torture in detention centers and interrogation centers, often in an effort to procure information or to force confessions. It is the government’s responsibility to stop and prevent torture in its juridiction, and to prosecute and punish those who commit it. However, impunity still prevails and perpetrators remain unpunished.

In this context of the Myanmar government’s failure to take action, the recent proceedings at the International Criminal Court (ICC) and the International Court of Justice (ICJ) are welcome steps towards ending the culture of impunity and bringing justice for torture survivors.

The Myanmar government and the international community also have a duty to protect the rights of torture survivors and to provide appropriate remedies for the crimes committed against them. In addition to reparations, they must provide torture survivors with urgent interim relief, acknowledge the wrongs done to them, and prevent torture from recurring.

We call on the government of Myanmar to:

  • Withdraw the army battalions stationed in ethnic areas and stop armed conflict,
  • Prosecute and punish those who commit torture, sexual violence and other human rights violations against civilians,
  • Release all remaining political prisoners unconditionally and stop arresting human rights activists,
  • Sign and ratify the UN Convention Against Torture (CAT), and implement it into national legislation,
  • Collaborate with the international accountability mechanisms recently created to address torture and other human rights abuses,
  • Establish reparation and rehabilitation mechanisms for victims of torture and other human rights violations,
  • Establish meaningful transitional justice mechanisms to address victim’s rights to truth and reparations, in particular rehabilitation programs for torture survivors and women and children victims of sexual violences.

ND-Burma, WLB, AAPP, AJAR and VWO

Contact persons:

· Lway Poe Ngeal-09781329742- WLB

· Ko Aung Zaw Oo-09421039493- ND-Burma

· Ko Aung Myo Kyaw-09428117348- AAPP

About Women’s League of Burma (WLB) www.womenofburma.org

The Women’s League of Burma (WLB) is an umbrella organization comprised of 13 women’s organizations of different ethnic backgrounds from Burma. WLB was founded on 9th December 1999. Its mission is to work for women’s empowerment and advancement of the status of women, and to work for the increased participation of women in all spheres of society in the democracy movement, and in the peace and national reconciliation process through capacity building, advocacy, research and documentation.

Network for Human Rights Documentation – Burma (ND-Burma) www.nd-burma.org

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.

About Assistance Association for Political Prisoners (AAPP) www.aappb.org

The Assistance Association for Political Prisoners (Burma), also known as AAPP, is a non-profit human rights organization based in Mae Sot, Thailand. AAPP was founded in 2000 by former political prisoners living in exile on the Thai/Burma border. Since then, the organization has been run by former political prisoners, with two offices being opened inside Burma in 2012, one in Rangoon and the other in Mandalay. AAPP advocates and lobbies for the release of remaining political prisoners and for the improvement of the lives of political prisoners after their release. The various assistance programs for political prisoners and their family members are aimed at ensuring they have access to education, vocational trainings, mental health counseling and healthcare. Therefore, AAPP has tried to promote civil and political rights for all ethnic groups who live in Burma.

About Vimutti Women’s Organization (VWO)

Vimutti Women’s Organization (VWO) is a community-based organization, which was created in 2009. Vimutti is a Pali word (Myanmar ancient literature), which means “freedom”. All VWO members are socially minded volunteers. VWO is very active in communities doing social work, humanitarian support, and providing educational charity to children from poverty-stricken families. VWO is directly engaging with vulnerable people to create a healthy societal environment through research, advocacy, networking, and improving their collective capacity development. VWO has a special program for strengthening women former political prisoners.

About Asia Justice And Rights (AJAR) www.asia-ajar.org

AJAR is a regional human rights organization based in Jakarta. AJAR works to increase the capacity of local and national organization in the fight against entrenched impunity and to contribute to building cultures based on accountability, justice and a willingness to learn from the root causes of mass human rights violations in Asia Pacific region.

Aung San Suu Kyi’s government must sign the UN torture convention and make it law, before the election

In 2017, soldiers in northern Shan state detained a Kachin man in his 50s who had been displaced by fighting and was working as an overnight guard at a tea factory.

They accused him and five others from the factory of being Kachin Independence Army soldiers. Then they blindfolded him and took him to an unknown location, where they burned his knees with candles and made him kneel on the sand-covered floor. They beat him and broke his arm.

When he was released after two days, he was unable to afford the long trip to a hospital to get proper treatment for his arm, leaving him disabled. The injury means he can longer work to provide for his family.

As the world marks the International Day in Support of Victims of Torture, Myanmar’s police and soldiers continue to inflict brutal and cruel punishments on people with impunity.

The National League for Democracy (NLD) government has had five years to try to rein in these excesses, but has done almost nothing. Myanmar has still not signed the UN Convention Against Torture, and so far remains out of reach of any international justice mechanisms that might bring an end to the systematic use of torture here.

Justice denied

Most torture victims in Myanmar never tell their stories, according to a forthcoming report, called Seeking Justice, by the Kachin Women Association – Thailand.

Torture goes unreported for several reasons. First, victims and community members are afraid of retaliation by the perpetrators, who are most often members of the Myanmar military.

They also do not trust the police or the courts, and for good reason. And even if they do want to take their chances in a judicial system beholden to the military, the victims often lack the resources to do so. They are largely from rural areas and IDP camps, with little means to pay for repeated trips to court or legal fees.

The report documents 51 cases of serious human rights abuses for which the perpetrators have not faced any real consequences. The cases, all from between 2011 and 2019 in Kachin and northern Shan state, include rape, murder, disappearances, and arbitrary detention.

Victims in 11 of the 51 cases reported experiencing torture. The report reveals that most cases involving torture were people charged under the Unlawful Associations Act by the military. The law forbids interacting with certain rebel groups.

For victims who tried to take their cases to court, interference by the military is reported as the main obstacle to getting justice.

Myanmar’s constitution, as well as the Defense Services Act, dictates that any cases involving torture committed by military personnel on duty must be handled by courts martial. The outcome of such trials is therefore ultimately up to the Commander-in-Chief.

Weeks after a viral video surfaced of soldiers torturing five handcuffed Rakhine civilians, their family members said the men have still not received any medical attention while in detention.

Human rights organisations, both local and international, are dealing with a mounting number of cases as armed conflict and violence continue across the country. Scores of civilians in Rakhine and Chin state have been arrested, tortured and killed in the past few months. Amid fresh fighting in northern Shan state, the military’s Light Infantry Battalions 88 and 99 have used civilians as porters.

Victims of torture live in fear without any recourse to justice. They are often too afraid of reprisals to press charges, and face harassment and attempts to silence them if they do. Cases that have been investigated were far from fair, transparent or just.

The NLD must act

When the NLD came into power in 2015, many hoped to see a national plan reaching out to victims of human rights abuses, including torture. But those hopes have long been abandoned.

Civil war continues and there has been no progress in peace negotiations, nor any meaningful attempt at reconciliation with the country’s diverse ethnic and religious communities.

At the 43rd session of the UN Human Rights Council earlier this week, Myanmar rejected a resolution to extend the mandate of the human rights envoy to the country. The resolution also called on Myanmar “to ensure full respect for International Humanitarian Law” and “allow free and unhindered access to provide humanitarian assistance.”

Kyaw Moe Tun, Myanmar’s permanent representative to the UN, asked the international community to be “non-confrontational” and use a “dialogue-based approach” when addressing human rights issues in Myanmar.

Based on its five years in office, it is safe to say that State Counsellor Aung San Suu Kyi’s government has no plan to offer justice, reconciliation or even recognition to victims of torture living with immense psychological trauma.

She and her government have also actively harmed their cause by choosing to side with the military and help cover up its abuses against Rohingya, Rakhine, Chin, and other ethnic groups in western Myanmar.

The NLD has talked a lot about its desire for reconciliation, but this is meaningless if the government keeps refusing to address past abuses and openly supporting current ones. Many feel the focus on reconciliation is simply a bid to appease the military.

The NLD may not have perpetrated the crimes itself, and it may not have control of the military. But as the democratically elected party of power, it has a responsibility to at least try to use what leverage it has to keep the military in check; that includes speaking out against its abuses.

In the next few months, before the general election, the NLD has a chance to show some good will towards this country’s ethnic and religious minorities by signing and ratifying the UN Convention Against Torture, and adopting it into national law.

The government should also provide a meaningful space for torture survivors in the upcoming Panglong Conference, which will be the last event in the peace process before the election.

It also needs to recognise survivors’ rights to justice and support them through the judicial process. This, more than anything, would help prevent future acts of torture.

If the NLD genuinely wants peace and reconciliation, it is well past time it took bold political action like this; Myanmar’s torture victims have no use for more empty words.

Stella Naw is a human rights activist who writes about peace and conflict in Myanmar. The views expressed in this article are those of the author and do not necessarily reflect Myanmar Now’s editorial stance.

Myanmar Now