U.N. Myanmar rights envoy calls for halt to violence in Kachin state

GENEVA (Reuters) – The United Nations human rights expert on Myanmar voiced deep concern on Tuesday at a sharply escalation in hostilties in Kachin state, citing reports of the army using aerial bombings, heavy weapons and artillery fire on civilian areas near China.

FILE PHOTO – Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee gives her report to the Human Rights Council at the United Nations in Geneva, Switzerland, March 12, 2018. REUTERS/Denis Balibouse

“Innocent civilians are being killed and injured, and hundreds of families are now fleeing for their lives,” Yanghee Lee, U.N. special rapporteur on human rights in Myanmar, said in a statement.

Thousands of people rallied on Monday in Kachin to demand humanitarian access for villagers trapped by fighting between government forces and ethnic minority insurgents that has displaced more than 5,000 people. “Any wilful impediment of relief supplies may amount to war crimes under international law,” Lee said, appealing for access.

Reporting by Stephanie Nebehay, editing by Tom Miles

Kachin Communities Worldwide Demand United Nations Security Council Urgently Refers Burma to the International Criminal Court

23rd April 2018

The Burma military broke the ceasefire with the Kachin Independence Organisation in 2011. Since then, residents of the Kachin region have endured various forms of human rights violation as well as denial of humanitarian assistance by Burmese military. Their daily lives have also become dictated by the ebb and flow of armed conflict in their area. Recent developments in the Burma/Burma Army military campaign in the Kachin region have forced thousands of civilians to flee their villages and many are currently trapped in conflict areas.

Our people have been subject to numerous violations of international law, including executions, torture, forced displacement, forced labour, rape and other forms of sexual violence, confiscation of property, arbitrary arrest and detention, and denial of humanitarian assistance.

These types of human rights violations are not new to the Kachin people or to other ethnic groups in Burma. The Burma military has used these tactics to instil fear and control in their attempts to destroy our ethnic identity, destroy our religion, colonise our lands, and steal our natural resources.

Despite their obligations, the international community, including members of the United Nations Security Council, have failed in their duty to uphold international law. As a result, calculating that the international community is too weak to enforce the law and hold them to account for their crimes, the Burma military is escalating attacks against ethnic groups in the country, including in Rakhine State, Kachin State, Shan State and most recently breaking the ceasefire in Karen State.

In recent weeks the Burma military has killed three Kachin civilians and one Karen environmental community worker.

On April 11th, Npawp Naw Ring (aged 22) was killed by a 105 mm howitzer fired by Burma Army’s Danai-based Regional Operations Command at Awng Lawt village in Danai township.

On April 11th, Shan Naw San, a seasonal banana plantation worker from Laiza, was hit and killed by an artillery shell from 23 rounds of heavy artillery fired by BA forces stationed at Hka Ya Bum and Bum Re Bum toward Lang Ta Bum where KIA Battalions 23 & 40 are stationed.

On 14th April the military fired heavy artillery at Dumbung village and killed U Kyaw Myint Oo.

These are war crimes, but not one country has condemned these killings and promised to take action in response.

Residents of the Lai Nawng Hku are now in Man Wai, they are under constantly surveillance of Burma Army and are restricted from further movement.  Pajau villagers have fled to the Chinese boarder, and Kasung villagers to Namti due to intensified fighting, over past weeks.  During last week, over 2,000 villagers from Awng Lawt, Sut Ra, and Sut Ring Yang fled their villages to escape incessant artillery fire from the Burma Army.  Now, at least 1,200 are trapped in the jungle.

We do not expect the condition of these civilians to improve anytime soon, as local sources report of continuous arrival of Burma Army infantry troops to the Kachin region. Kachin community and religious leaders have appealed to the authorities for permission to evacuate the trapped civilians to safety. However, they have not been successful in their appeal. It is also important to note that even when this specific episode of humanitarian crisis subsides, another one will arise because the armed conflict is ongoing.

As the Burmese military’s culture of impunity remains unchecked, Burmese government is unable to exercise rule of law or capacity to protect life of its citizens.  We are once again appealing to the international community to hold perpetrators of war crimes and crime against humanity held to account before current conflict spills over to bordering regions.

The United Nations should move ahead with the appointment of the Special Envoy to Burma and immediately dispatch the envoy to Kachin areas and negotiate free movements and humanitarian access.

We would like to see China, India, United States, and ASEAN serve as mediator to seek sustainable resolution to prolonged civil war in Kachin region. This agreement should be upheld by an international or regional peacekeeping mission to Kachin Region to enforce repositioning of troops and protect security of civilian populations.

There is no shortage of evidence of violations of international law committed by the Burma military. The United Nations has been documenting these crimes for decades. A detailed assessment in 2016 stated that what may amount to war crimes were being committed in Kachin State and Shan State. The United Nations has also stated that human rights violations against northern Rakhine State may constitute crimes against humanity and even amount to elements of genocide.

At the same time the government and military in Burma continue to commit human rights violations, deny human rights, cover up human rights violations, and arrest and jail those who seek to expose them. There is no prospect of any genuine process of accountability for violations of international law taking place within Burma, and the international community should not hide behind more false investigations announced by the government of Burma as an excuse not to uphold their responsibilities.

Members of the United Nations Security Council must support a resolution referring Burma to the International Criminal Court.

UN Security Council members which fail to support a referral to the International Criminal Court are not making a neutral decision or simply failing to act. They are making an active decision to allow the Burma military to keep killing ethnic civilians.

We are only asking United Nations Security Council members to do their job. To uphold their responsibilities. Ending the Burma military’s sense of impunity will have an immediate impact in reducing human rights violations, and holding them to account for their crimes is essential if Burma is ever to be a country with peace, security, genuine democracy and where human rights and ethnic diversity are respected.

The signatory organizations:

1). Kachin Refugee Committee, Kuala Lumpur, Malaysia
2). Kachin Development Networking Group -KDNG
3). Kachin Women Union (KWU)
4). Kachin Women Association Japan
5). Kachin Women Association-Burma
6). Pyoe Development Organization
7). Htoi Gender and Development Foundation
8). Kachin State Women Network – KSWN
9). Kachin National Organization (Japan)
10). Kachin National Organization (Denmark)
11). Kachin Association Norway
12). Kachin Women’ s Association of Thailand (KWAT)
13). Kachin Canadian Association, Canada
14). Kachin National Organization
15). Kachin Community UK (KCUK)
16). Singpho Youth Organization, Arunachal Pradesh, India.
17). The Kachin Relief Fund (UK charity)
18). Wunpawng Ninghtoi
19). Kachin Peace Network
20). Community Health And Development (CHAD)- Burma
21). Kachin Alliance
22). Kachin Community New Zealand
23). Kachin Community Sweden
24). Kachin Community Germany
25). Kachin Community Czech Republic
26). Kachin Community Netherlands
27). Humanity Institute (HI)
28). Kachin National Social Development Foundation
29). Kachin Litrature and Culture (JLH) Singapore
30). Shingnip Kachin Legal Aid Network
31). All Kachin Youth Union (AKYU)
32). Kachin Association Of Australia (KAA-NSW)

Media contact:

Mr. Mung Dan, Email:mangoesdam@gmail.com, Phone: +95 925 9460 650,
Ms. Khonja, Email:khonja2014@gmail.com, Phone: +95 942 5288 899
Mrs. Moon Nay Li, Email:kwat.secretariat@gmail.com, Phone: +66 855 233 791
Mr. Hkanhpa Sadan, Email:hkanhpa@hotmail.com, Phone: +44 7944 240774
Mr. Nsang Gum San, Email:gumsan@kachinalliance.org,  Phone: +1 443-415-8683

Click here to download full statement.

Kachin Relative of Slain IDPs Flees After Tatmadaw Opens Case Against Her

By LAWI WENG 25 April 2018

A Kachin woman has gone into hiding after accusing the Myanmar Army (or Tatmadaw) of killing two of her family members, apparently fearing detention by the military, according to local sources in Kachin State.

Kaw Awng, 45, is already the subject of legal action by the Tatmadaw. She has been charged by the Army with violating section 17 (1) of the law against unlawful association for allegedly concealing information that the slain IDPs were members of the Kachin Independence Army (KIA). The charge was brought by Military Operation Command 21 based in Bamaw Township.

According to an IDP camp leader based in Mai Khaung, Mansi Township, who asked to be identified as “David”, Myanmar Army personnel have made several trips to Kaw Awng’s home intending to arrest her. It was Kachin IDP camp leaders who urged her to hide at a different location, David said. He requested the use of a pseudonym out of fear for his security, as there is a Myanmar military base near his IDP camp.

“Every time they come back to her home [in the camp] they ask us when she will be returning. The police have also come two times,” David said.

The two IDPs, Hpaugan Yaw, 65, and Nhkum Naw San, 35, from Mai Khaung camp disappeared in January. After their bodies were found in March, the victims’ family accused the Tatmadaw of killing the two men.

Not knowing which Army unit is responsible for the killings, the family asked police to investigate. According to David, the family claims the police investigation has been dropped now that the Army is taking action against it, however.

Police Major Myo Thant told The Irrawaddy that the police were no longer investigating the IDPs’ deaths, adding that in fact the police wanted to speak with Kaw Awng to conduct their own investigation into whether she violated the unlawful association law as alleged by the Army.

According to David, the Army told the victims’ family during a meeting at the township authority office in Mansi that it killed the two men, but claimed the killings were justified as they were KIA members, in the Army’s view.

David Baulk, a Myanmar specialist for the rights group Fortify Rights, which has been following the case, told The Irrawaddy, “The families of Hpaugan Yaw and Nhkum Naw San are demanding justice for their killings, and the Myanmar military is targeting them as a result. … The reality is that in Myanmar today demanding accountability for crimes involving the military will likely result in a prison stretch.”

David said that “Getting authorities to investigate and take action is difficult; they made up the story, but those two IDP were really civilians. They were not members of the KIA. We are still considering how to proceed.”

The doctor who conducted the autopsies on the two men has refused to provide the family with a report, despite repeated requests by the family and IDP camp leaders. The doctor told the family that he could only release the information in a court proceeding.

Three other IDPs from Mansi camp were killed by the Tatmadaw in a separate case last year. In that case, however, camp leaders received cooperation from and were shown evidence by medical and police officials.

In January this year, six Army personnel were sentenced to prison terms for the killings.

“They may not want more Army personnel to go to prison. Therefore, we believe that they are playing games and preventing the family of the victims from taking action against them,” David said.

Irrawaddy News

The Nightmare Returns: Karen hopes for peace and stability dashed by Burma Army’s actions

On March 4th, the Burma Army began the largest and most coordinated deployment of troops into Karen State’s Mutraw (Hpapun) district since 2008. More than 1,500 Burma Army troops have now crossed into Karen National Union (KNU) controlled areas of Mutraw’s Luthaw township, breaching the terms of the Nationwide Ceasefire Agreement (NCA) and provoking multiple clashes with the Karen National Liberation Army’s (KNLA) 5th Brigade. Troops serving under the Burma Army’s Southern Command have indiscriminately targeted civilians while more than 2,400 villagers have been forced to flee their land and homes. The majority of those displaced by the Burma Army’s current operations had only recently returned to rebuild their villages, farms, and livelihoods following decades of widespread armed conflict.

The KNU and Burma Army are both signatories to the 2015 NCA, which prohibits the expansion of military infrastructure and troop reinforcements in ceasefire areas. However, since March 4, at least eight Burma Army battalions have entered Luthaw, without prior agreement3 from the KNLA, and begun constructing a military operations road to connect their military bases at Ler Mu Plaw and Kay Pu. If the road is built, Indigenous Karen villagers may be permanently displaced from their homes and ancestral village territories.

The 2012 bilateral ceasefire and 2015 NCA gave people a sense of hope that, perhaps, peace was at hand. The Burma Army’s renewed attacks and road construction activities have shattered this hope by once again forcing people from their land and into hiding in the forests. On April 5th, Burma Army troops shot and killed 42-yr-old Saw O Moo in the Ler Mu Plaw area of northwestern Luthaw. Saw O Moo was a local villager and Indigenous Karen leader. At the time of his death he was travelling home from a community meeting to coordinate humanitarian assistance for villagers displaced by the Burma Army’s military operations.

KPSN’s findings show that the Burma Army has repeatedly breached the terms of the 2012 and 2015 ceasefire agreements in Mutraw District. The Burma Army is again taking advantage of the ceasefire to accomplish what it was unable to do during earlier periods of widespread armed conflict: expand and upgrade its military infrastructure and capability to seize and control Indigenous Karen people’s lands. The Burma Army’s actions undermine local people’s efforts to build genuine lasting peace, protect their natural and cultural heritage, and facilitate the return of refugees and IDPs to their ancestral lands.

Karen Peace Support Network KPSN

Myanmar policeman describes ‘trap’ to arrest Reuters reporter

YANGON (Reuters) – A Myanmar police chief ordered officers to “trap” a Reuters reporter arrested in December, telling them to meet the journalist at a restaurant and give him “secret documents”, prosecution witness Police Captain Moe Yan Naing told a court on Friday.

Moe Yan Naing gave details to the court of the hours leading up to the Dec. 12 arrest of Wa Lone, 32, and Reuters colleague Kyaw Soe Oo, 28, who had accompanied him to the meeting, and said the police had arranged a “set up”.

The court in Yangon has been holding hearings since January to decide whether the pair will be charged under the colonial-era Official Secrets Act, which carries a maximum penalty of 14 years in prison.

They had been working on a Reuters investigation into the killing of 10 Rohingya Muslim men and boys in a village in western Myanmar’s Rakhine state, during an army crackdown that United Nations agencies say has sent nearly 700,000 people fleeing to Bangladesh.

Seven soldiers have been sentenced to “10 years in prison with hard labor in a remote area” for participating in the massacre, the army said this month.

Reuters was unable to immediately obtain a comment from lead prosecutor Kyaw Min Aung as the proceedings were ongoing. Myanmar police spokesman Police Colonel Myo Thu Soe could not be reached for comment.

Myanmar government spokesman Zaw Htay was not immediately reachable for comment. He has previously told Reuters that under Myanmar’s constitution the courts were independent and has declined to comment on the case, citing the ongoing proceedings.

“GET WA LONE”

In his testimony, the police captain said he had been interviewed in November by Wa Lone about police operations in Rakhine state. He was one of two officers from the paramilitary 8th Security Police Battalion who the police identified in December as “allegedly involved in the case”.

Moe Yan Naing said he had been under arrest since the night of Dec. 12 and had been told to testify on Friday as a prosecution witness.

He said that earlier on the day the Reuters reporters were arrested he was picked up from his post in Yangon and taken to Battalion 8’s headquarters on the northern edges of the city.

When he arrived, he said he found himself among a group of several other Battalion 8 policemen who had given interviews to Wa Lone. They were interrogated by a police “information team” about their interactions with the Reuters reporter, he said.

Moe Yan Naing told the court that police Brigadier General Tin Ko Ko, who led the internal probe, ordered police Lance Corporal Naing Lin to arrange a meeting with Wa Lone that night and hand over “secret documents from Battalion 8”.

“Police Brigadier Tin Ko Ko gave the documents to Police Lance Corporal Naing Lin and told him to give them to Wa Lone and said that when Wa Lone comes out of the restaurant, the Htaunt Kyant regional police force has to entrap him and arrest him,” said Moe Yan Naing.

“Police Brigadier General Tin Ko Ko told the police members, ‘if you don’t get Wa Lone, you will go to jail’,” said Moe Yan Naing in a raised voice.

Reuters was not immediately able to reach Tin Ko Ko for comment.

DINNER MEETING

The reporters have told relatives they were arrested almost immediately after being handed some rolled up papers at a restaurant in northern Yangon by two policemen they had not met before, having been invited to meet the officers for dinner.

Neither policeman has given testimony so far during the court proceedings.

Previous police witnesses have said the reporters were stopped and searched at a traffic checkpoint by officers who were unaware they were journalists, and were found to be holding documents relating to security force deployments in Rakhine.

Wa Lone and Kyaw Soe Oo have been in custody since Dec. 12.

Senior U.N. officials, Western nations and press freedom advocates have called for their release and diplomats from several embassies were among those attending Friday’s hearing.

REUTERS

Myanmar to free more than 8,000 prisoners in New Year amnesty

YANGON (Reuters) – Myanmar began releasing more than 8,000 prisoners on Tuesday on humanitarian grounds under a presidential pardon, with most of those being released convicted of drug offences but with 36 people classified as political prisoners among them.

Newly released prisoners, part of over 8,000 inmates granted amnesty by Myanmar’s President Win Myint to mark Myanmar’s new year, walk out from Insein prison in Yangon, Myanmar April 17, 2018. REUTERS/Ann Wang

The pardon, signed by newly elected President Win Myint, coincides with Myanmar’s traditional new year celebrations and was aimed at promoting peace and the joy of the people, his office said in a statement.

“To bring peace and pleasure to people’s heart, and for the sake of humanitarian support, 8,490 prisoners from respective prisons will be pardoned,” the Presidential Office said.

Dozens of prisoners were set free later on Tuesday from Insein prison in Myanmar’s main city of Yangon, greeted at the gates of the colonial-era jail by scores of relatives and friends.

“I’m happy for this amnesty but I’m sorry for the other prisoners left behind,” said Saw Wah Lay, a member of a political party affiliated with an ethnic Karen insurgent group, the Karen National Liberation Army.

He said he had spent 13 years in Insein jail after being sentenced to death and a 95-year prison term for murder and other charges.

“I hope they will be released soon because some of them are facing unfair charges without having done anything wrong,” he told reporters.

Two Reuters reporters, Wa Lone and Kyaw Soe Oo, jailed in Myanmar were not included in the amnesty, according to Min Tun Soe, spokesman of Myanmar Prisons Department, citing ongoing legal proceedings against them.

Newly released prisoners, part of over 8,000 inmates granted amnesty by Myanmar’s President Win Myint to mark Myanmar’s new year, walk out from Insein prison in Yangon, Myanmar April 17, 2018. REUTERS/Ann Wang

A court in Yangon has been holding preliminary hearings since January to decide whether the pair will be charged under the colonial-era Officials Secrets Act, which carries a maximum penalty of 14 years in prison.

Myanmar leader Aung San Suu Kyi has made ending years of war between government forces and ethnic minority insurgents her top priority but the releases announced on Tuesday did not appear to include a significant number of people convicted for links to insurgencies.

‘VERY GOOD NEWS’

More than 6,000 of those being released were sentenced on drug charges, government spokesman Zaw Htay said on his Facebook page.

He did not identify any of those being released but said nearly 2,000 were members of the military and police, jailed under the Military Act or Police Disciplinary Act. He did not elaborate.

Zaw Htay also said 36 prisoners on a list issued by the human rights group Assistance Association for Political Prisoners (AAPP) were included in the amnesty.

Hundreds of political prisoners have been released from Myanmar’s jails in amnesties in recent years, including dozens freed in April 2016, days after Nobel laureate Suu Kyi’s party took power following nearly 50 years of strict military rule.

Before Tuesday’s pardon, there were 240 political activists jailed or awaiting trial in Myanmar, the AAPP said.

“This amnesty is very good news and we welcome and support it,” said a representative of the group, Aung Myo Kyaw.

“But there should not be a single political prisoner in a democratic country,” he said.

Slideshow (6 Images)

Suu Kyi, who spent years under house arrest, has said that releasing all remaining political prisoners was a top priority.

She has faced criticism at home over slow economic growth and the stuttering peace process.

Her government has also faced mounting international condemnation over a military operation against Rohingya Muslims that has sent nearly 700,000 members of the minority community fleeing to Bangladesh, according to U.N. figures.

U.S. Ambassador to the United Nations Nikki Haley said on Twitter on Monday she had met representatives of Reuters and prominent human rights lawyer Amal Clooney to discuss efforts for the release of the two Reuters reporters “jailed for doing their job”.

“Freedom of press & rule of law are the bases that democracies are built on & we hope Burmese authorities will realize the importance of this release to the int’l community,” Haley wrote.

Clooney has joined the legal team representing the two reporters, her office said last month.

A Reuters spokesperson confirmed the meeting and said the company would continue to do all it could to secure the release of the two reporters.

reuters.com