Human rights are not a luxury

June 15

Zeid Ra’ad Al Hussein is the U.N. high commissioner for human rights.

Four years as the U.N. high commissioner for human rights have brought me many luminous encounters and desperate struggles, much painful and shocking information, and some profound lessons that may take many years to fully assimilate.

I have constantly circled back to the drafting of the Universal Declaration of Human Rightsin 1948, where this story truly began. It was a time of slaughter and terrible suffering, with broken economies and nations emerging from the ashes of two global wars, an immense genocide, atomic destruction and the Great Depression. Finding solutions that could ensure global — and national — peace was a matter of the starkest kind of survival. Committing to the U.N. Charter and the Universal Declaration of Human Rights was crucial. They were not philosophical goals: This was life or death.

There could be no peace without justice. There could be no durable development without promotion of broad social progress and better standards of life, for all, in larger freedom. The men and women who survived the two world wars understood this utterly. It was in their bones.

Treaty by treaty, world leaders built a great body of laws and covenants and committed to upholding them. Today there is a great cynicism about the global order they constructed — never fully global, never very orderly — but although it may have been partial, the progress they ensured was immense.

But that generation is departing quickly, and with them the living memory of the lessons that were so painfully clear to them. Now, rather than advancing toward greater freedom, justice and peace, the world is going backward — to a landscape of increasingly strident, zero-sum nationalism, where the jealously guarded, short-term interests of individual leaders supplant and destroy efforts to find common solutions.

0:03 / 2:37
Deputy editorial page editor Jackson Diehl says the best way to negotiate with North Korea on nuclear weapons is to bring up human rights. 

We are moving backward to an era of contempt for the rights of people who have been forced to flee their homes, because the threats they face there are more dangerous even than the perils of their voyage. Backward to a time when military operations could deliberately target civilians and civilian sites such as hospitals, and chemical gases were openly used for military purposes and against innocent families.

We are moving backward to an era when racists and xenophobes deliberately inflamed hatred and discrimination among the public, while carefully cloaking themselves in the guise of democracy and the rule of law. Backward to an era when women were not permitted to control their own choices and their own bodies — when criticism was criminalized and human rights activism brought jail, or worse.

This is the way that wars are made: with the snarl of belligerence and the smirk of dehumanization; the lash of injustice and the incremental erosion of old and seemingly wearisome checks. The path of violence is made up of the unreckoned consequences of banal, incidental brutality seeping into the political landscape.

Here is one lesson: Intolerance is an insatiable machine. Its wheels, once they begin to function at a certain amplitude, become uncontrollable — grinding deeper, more cruelly and widely. First one group of people is singled out for hatred; next it will be more, and then more, as the machine for exclusion accelerates into violence, and into civil or international warfare — feeding always on its own rage, a growing frenzy of grievance and blaming. As that tension begins to peak, no obvious mechanism exists that is capable of decompressing and controlling its intensity, because the machine functions on an emotional level that has very little contact with reason. Release may come only after tremendous violence. This is something those of us who work for human rights have witnessed time and again.

We are at a pivotal moment in history, now, as contempt for human rights spreads. Xenophobes and racists have emerged from the shadows. A backlash is growing against advances made in women’s rights and many others. The space for civic activism is shrinking. The legitimacy of human rights principles is attacked, and the practice of human rights norms is in retreat.

What we are destroying is, quite simply, the structures that ensure our safety.

The destruction of Syria is a murderous parable, written in blood, that brings home yet again that horrific spiraling of incremental human rights violations into absolute destruction.

The organized campaigns of violence against the Rohingya in Myanmar – Southeast Asia’s fastest-growing economy in 2016 — yet again reminds us that economic growth will never maintain peace and security in the face of biting discrimination. In 2017 — 2017! — we once again saw the specter of genocide, and once again, we did very, very little to stop it from happening.

So, in a sentence, what is the one core lesson that has been brought home to me by this extraordinary, privileged, crushing mandate as high commissioner?

It is that in every circumstance, the safety of humanity will be secured only through vision, energy and generosity of spirit; through activism; through the struggle for greater freedom, in equality; and through justice.

Sources

Kachin Aid Group Halts Humanitarian Work After Threat by Myanmar Army

An evangelical Christian organization based in northern Myanmar’s Kachin state has stopped its humanitarian work in areas controlled by an ethnic militia in the conflict-ridden region after the Myanmar military warned that it would take action against the group for associating with an illegal entity, an official from the NGO said Friday.

The Kachin Baptist Convention (KBC), headquartered in the state capital Myitkyina, has helped civilians displaced by fighting between the Kachin Independence Army (KIA) and Myanmar forces since hostilities resumed in June 2011 following the breakdown of a 17-year bilateral peace accord.

A surge in the clashes this year in the long-running civil war between the KIA and Myanmar army has displaced more than 7,400 civilians in Hpakant, Tanaing, and Injangyang townships since early April, according to the United Nations Office for the Coordination of Humanitarian Affairs.

The fighting forced more IDPs into camps between Myanmar-China border posts Nos. 6 and 8 in Waingmaw township in Myitkyina district, joining some 5,000 others already living there, according to the KBC.

The Myanmar army said KBC members delivered food supplies to the newly arrived IDPs in the area in early May.

“The refugees are in danger during this rainy season,” Rev. Hkalam Samson, the KBC’s general secretary, told RFA’s Myanmar Service. “That’s why we have been helping them.”

Colonel Thura Myo Tin, Kachin state’s security and border affairs minister, sent the KBC a letter dated May 21, telling the organization to stop going to the border camps to help the IDPs or risk being charged under Article 17(1) of the colonial-era Unlawful Association Act because the camps are in KIA-controlled territory, he said.

“Actually, every border area in Kachin state is KIA-controlled territory,” Hkalam Samson added.

‘Not helping the KIA’

The Unlawful Association Act was used during Myanmar’s decades of military junta rule to detain those linked to rebel groups, and it continues to be used to jail people in Kachin state for allegedly being in contact with the KIA.

It sets out prison terms of two to three years and a possible fine for being a member of an “unlawful association,” making contributions to one, or assisting its operations.

The KBC — the main domestic aid organization in Kachin state — has been helping IDPs for seven years, along with United Nations agencies and the International Committee of the Red Cross, Hkalam Samson said.

“We all are helping all IDPs,” he said. “We are not helping the KIA.”

The KBC is planning to send a response to the ministry, he added.

Intensified clashes between the KIA and Myanmar forces this year have raised questions about the military’s possible role in hindering the government’s efforts to end the country’s civil wars and forge lasting peace.

Since 2011, more than 100,000 civilians have been displaced in Kachin state, many of whom have been unable to return to their homes as the conflict continues.

Reported by Kyaw Thu for RFA’s Myanmar Service. Translated by Khet Mar. Written in English by Roseanne Gerin.

RFA News

The 7th Anniversary of the Renewed Kachin War: An Update

Today is the 7th anniversary of renewed war in the Kachin region. On June 9, 2011, the war between the Kachin Independence Army (KIA) and the Burma Army (BA) was reignited after a combined force of the BA’s 437th Light Infantry Regiment and 348th Light Infantry Regiment troops launched an attack on the KIA 15th Battalion’s Bumsan post in Sanggang, located near Taping hydropower plant in Momauk Township. It effectively ended the 17-year ceasefire that had been in place since 1994.

Lance Corporal Gawmo Chang Ying, a KIO liason officer in Sanggang was arrested, tortured and killed by BA troops. At the request of the KIO’s Central Committee, Chang Ying’s body was returned to KIA troops on June 10, 2011, and it was found that he had suffered multiple bruises, stab wounds, and bayonet wounds. Chang Ying had reportedly been shot three times even after death.

The KIO requested the BA to stop sending troops and transporting military hardware to the Kachin frontlines following the Sanggang incident, but the BA ignored the KIO’s request. On June 12, 2011, the KIO Central Committee gave orders for KIA forces to open fire on BA troops as a defensive measure.

 

Conflict Update

According to KIO official sources and local frontline updates, there have been 3862 clashes between the two sides, which involvedsoldier on soldier combat, artillery and landmine attacks, from June 11, 2011 to May 31, 2018.

There were 663 clashes between the KIA and the BA in 2011, 879 clashesin 2012, 224 clashes in 2013, and 155 clashes in 2014.

Fighting between the KIA and the BA escalated after the NLD was elected as government in 2015. In 2015, there were 634 clashes, 740 clashes in 2016, 361 clashes in 2017, 206 clashes from January to May in 2018.

BA troops from at least 108 Infantry battalions from Myitkyina-based Northern Command, Mandalay-based Central Command, Monywa-based Northwestern Command, Pathein-based Southwestern Command, Danai-based Regional Operations Command, Mogaung-based 3rd Military Operations Command, Bhamo-based 21st Military Operations CommandHpegon-based 7th Military Operations Command, Sagaing-based 33rdLight Infantry Division, Pegu-based 77th Light Infantry Division, Magway-based 88th Light Infantry Division, Meiktila-based 99th Light Infantry Division, and Tennesserim-based 101st Light Infantry Division currently deployed in Kachin State.

In northern Shan State, thousands of BA troops from at least 90 Infantry battalions from Lashio-based North Eastern Command, Kyaukme-based 1st Military Operations Command, Hpugyi-based 4th Military Operations Command, Kyigone-based 10th Military Operations Command,Theinni-based 16th Military Operations Command, Lau Kai-based Regional Operations Command, Hlegu-based 11th Light Infantry Division, Aungban-based 55th Light Infantry Division, Pyay-based 66th Light Infantry Division, Pegu-based 77th Light Infantry Division, and Magway-based 88th Light Infantry Division are currently being deployed.

 

Human rights abuses and arbitrary killings (2011 – 2018)

1. An estimated 124 innocent civilians have been tortured, killed by BA forces.

2. 34 Kachin women have been raped.

3. About 300 innocent civilians have been rounded up and imprisoned.

4. 78 received permanent injuries, as a result of suffering torture at the hand of BA troops.

It is likely that there are many more unreported cases of torture, rape and imprisonment.

 

Destruction and occupation of churches, monasteries, childcare centers, schools, clinics (2011 – 2018)

The following are the numbers KLN obtained from KIO official sources, and local aid organizations:

311 churches damaged or destroyed

24 Buddhist monasteries occupied or left damaged by BA troops  

134 childcare centers damaged or destroyed

122 schools damaged or destroyed

264 clinics damaged or destroyed

 

IDP Situation

Kachin local faith-based and aid organizations report that about 130,000 villagers and residents have been displaced since the renewed war began in June 2011. They are living in 165 camps in areas controlled by both the Burmese government and the KIO.

In 2018 alone, over 6,000 persons were internally displaced and forced to move to IDP camps. KLN has obtained some updates on the latest IDP situation. The following are the IDPs and camps added in 2017-18 due to BA offensives in central Kachin state.

Myitkyina

(1) Jaw Masat IDP Camp ​​​           Numbers of IDPs (489)

(2) Trinity IDP Camp ​​​                 Numbers of IDPs (724)

(3) Tanghpre IDP Camp         ​​​    Numbers of IDPs (1223)

Waimaw

(1) Qtr.2 Lhaovo Baptist Church ​​            Numbers of IDPs (49)

(2) Maina AG Hpyen Yen Dabang ​​         Numbers of IDPs (52)

(3) Shangaw/ Hka Wan Dabang ​​            Numbers of IDPs (194)

(4) Maina KBC Hpyen Yen Dabang ​​      Numbers of IDPs (89)

Chi-hpwi

(1) Lhaovo Baptist Church (LBC) ​​         Numbers of IDPs (215)

(2) Chi-hpwi KBC Camp ​​​                        Numbers of IDPs (198)

Danai

(1) Tanai Dabang Nnan                         ​​ Numbers of IDPs (268)

(2) Kamai Hpyen Yen Dabang ​​             Numbers of IDPs (142)

Hpa-kant

(1) Lawa Hpyen Yen Dabang               ​​ Numbers of IDPs (145)

Moegawng

(1) Namti, Lambraw Yang KBC IDP Camp​         Numbers of IDPs (308)

(2) Zup Mai Yang IDP Camp                                 ​​​Numbers of IDPs (219)

(3) Namti AG Hpyen Yen Dabang ​​                       Numbers of IDPs (83)

(4) Namti RC Hpyen Yen Dabang                        ​​Numbers of IDPs (104)

(5) Myo Oo RC Hpyen Yen Dabang ​​                    Numbers of IDPs (174)

Njang Yang

(1) Tayang Zup Hpyen Yen Dabang ​                   Numbers of IDPs (114)

Momauk

(1) Momauk ​​​​​                                                            Numbers of IDPs (82)

 

Destroyed and Abandoned Villages

To date, 405 villages have been damaged in the Kachin region since the renewed war began in June 2011. From Jan to May 2018, about 50 villages were abandoned and the villagers forced to live in IDPs camps and relatives’ houses. The following is the latest list of abandoned villages in Danai, Sumprabum, Kamaing, Mogaung and Hpakant townships in 2018.

(01) Hpala

(02) Zang Nawng

(03) Yin Chyin

(04) Lawk Gam

(05) Myaw Maw Pa

(06) Na Law

(07) Lawng Hpam

(08) Man Dong

(09) Ja Wa

(10) Aura

(11) Jubali

(12) Wulawng Yang

(13) Nai Tsing

(14) Gwi Htau

(15) Tang Bau Yang

(16) Nlawt Yang

(17) Zup Mai Yang

(18) Ja Htu Yang

(19) Sut Ngai Yang

(20) Patsip Zup

(21) Bum Nen Yang

(22) Sani Tu Yang

(23) Gum San Yang

(24) Bum Se Zup

(25) Kumtsai Taw Yang

(26) Pung Swi Yang

(27) Htara Zup

(28) Hkridaw Ga

(29) Jingma Yang

(30) Dubau Kawng Ra

(31) Tingsau Yang

(32) Hpawlam Hpya

(33) Ulawk

(34) Ndung Yang

(35) Tsa Tsing Pa

(36) Awng Lawt

(37) Zup Mai Yang

(38) Nawng Nyeng

(39) Nam Hkam

(40) N-ga Ga

(41) Nam Gawn

(42) Pawk Wa

(43) Awng Ba

(44) Ja Awng Pa

(45) Awng Len

 

Deaths and Injuries from landmines in 2018

From January to May 2018, 13 civilians were killed and 39 civilians were injured by landmines.

The following is a list of civilians killed or injured in 2018.

1. January, 2018 – 2 civilians injured
2. February, 2018 – 2 civilians killed, 17 civilians injured
3. March, 2018 – 2 civilians killed
4. April 2018 – 5 civilians killed, 12 civilians injured
5. May 2018 – 4 civilians killed, 8 civilians injured

Myanmar’s military accused of violence against Kachin people

In Myanmar the country’s military is facing fresh accusations that it’s launched deadly attacks against civilians.

This time, not against the Rohingya’s, but against the Kachin people in the north.

The BBC’s Myanmar correspondent Nick Beake met people fleeing their homes.

Fighting continues in Kachin State as youth form anti-war movement and protesters arrested

Seeking justice in Burma 
May 2018

Intense fighting continues in Kachin State trapping civilians in conflict zones and spawning anti-war movement across the country;  Read more

Justice in Burma: Wounds on the Wall

BY TEACIRCLEOXFORD

Veronica Collins argues that a museum run by former political prisoners showcases the lasting impact of state brutality on Burmese society.

This post is part of Tea Circle’s “2018 Year in Review” series, which looks back at developments in different fields over the last year.

In March 2018, a new museum opened in Rangoon. It does not boast any artworks or ancient artefacts, but hundreds of pictures documenting the extent of state violence committed against Burmese citizens since the military seized power half a century ago.

Grainy black and white shots depict officers beating up students protesting against Ne Win’s coup in 1962, before moving to the savage repression of democracy activists in 1988 and the torture of those who defended the electoral victory of the National League for Democracy in 1990. By the time we reach the 2007 Saffron Revolution, the Burmese state’s brutality is displayed in technicolour.

The museum is run by the Assistance Association for Political Prisoners (AAPP), a member of ND-Burma, a local organisation documenting human rights abuses in the country.

The mere fact that the museum is permitted to operate shows that Burma is freer than it used to be. Before 2011, when General Thein Sein initiated a series of reforms, anyone caught documenting or disseminating information about government ruthlessness would have faced certain arrest, perhaps torture and possibly death.

The rest of the museum, however, shows how fragile Burmese democracy still is. Among the pictures of current political prisoners are Wa Lone and Kyaw Soe Oo, two Reuters reporters arrested last December while researching allegations of grave human rights violations in Rakhine State. They are awaiting their trial in the notorious Insein prison, where thousands deemed enemies of the state have served time.

As employees of an international media organisation with a public campaign behind them, Wa Lone and Kyaw Soe Oo will probably not be tortured. But torture continues to be used by state security forces, especially against ethnic nationality civilians.

Lahpai Gam, a Kachin farmer in his 50’s who was released as part of a New Year’s amnesty in April after serving nearly six years in jail, continues to suffer health problems after he was beaten by government soldiers, burned with knives, waterboarded, and forced to have sex with another man.

Sadly, his case is not unique. ND-Burma and its member organisations regularly document state violence against ethnic nationality civilians accused of supporting insurgent groups. No evidence is required and providing a bag of rice is considered reason enough to charge someone under Article 17(1) of the Unlawful Association Act – a piece of legislation routinely used to imprison ethnic nationality civilians. On 30 October, a 14-year old boy became the youngest person to be jailedunder this law after being forced to face a judge without legal representation or an interpreter to translate the hearing into his native Ta’ang tongue. Three journalists attending a drug burning ceremony hosted by an ethnic armed group were also hit with 17(1) and detained for three monthsbefore being released without explanation or apology.

No peace without justice

There continues to be near-total impunity for human rights violations. The majority of victims do not try to pursue justice for fear of retribution, absence of funds, or lack of trust in the legal system. ND-Burma’s 2017 documentation shows that when victims try to seek justice, the military uses a variety of methods to obstruct cases. This includes providing meagre amounts of compensation, which many survivors feel compelled to accept in the face of poverty and absence of the rule of law. In other cases, the military bamboozles victims into dropping cases by making them sign long documents, hidden in which are statements absolving soldiers of wrongdoing.

On a few occasions, the military has admitted it was in the wrong. Seven low-ranking soldiers were found guilty of murdering Muslim men in Rakhine State – a crime the Reuters journalists were investigating when they were jailed. At the beginning of 2018, six soldiers were sentenced to ten years in jail for killing Kachin civilians.

However, the army admits its faults on its own terms. Trials of soldiers are almost always heard in secret military courts and one must usually trust the army’s word that justice has been served. Burmese state TV reported that the soldiers responsible for the murders in Rakhine State were released as part of the New Year’s amnesty. The government quickly denied the reports, but the lack of transparency in the military justice system means the men may indeed have been released.

Furthermore, military courts do not provide redress to victims, nor remedy to ensure the violations do not recur. Nobody knows why the handful of cases that have been brought to court have been selected and the majority of human rights violations continue to go unpunished. Senior military figures remain untouchable.

Instead, the legal system continues to be used to suppress freedom of expression. The past year has seen MPs move to tighten the Peaceful Assembly and Peaceful Procession Law. Parliament also failed to reform section 66(d) of the Telecommunication law which criminalises defamation and protects the powerful – research showed the majority of complainants to be government officials.

Decades of misuse of the justice system have left a mark on Burmese society. A recent survey showed that a majority of the public sees laws as a way to control society as opposed to protecting individual rights.

In such conditions, the government’s much touted objectives of rule of law and peace remain a distant prospect.

A real national reconciliation

Victims of human rights violations often tell ND-Burma that it is not the perpetrators they hate, but the system that has made abuses possible. A former political prisoner who spent a total of 14 years in jail for his activism and was interviewed for an upcoming ND-Burma report told us that: “perpetrators also committed these crimes so they could survive.”

Structural change is what ND-Burma has been working towards since we started documenting human rights abuses 14 years ago. We believe that only through acknowledgement and redress can Burma build a state that guards against human rights violations. Daw Aung San Suu Kyi’s attempt to leapfrog the democratic transition and ignore the past has failed. Instead, two years after her government took power, the UN Special Rapporteur on Myanmar describes a country where “the repressive practices of previous military governments are returning as the norm once more.”

The opening of the AAPP museum is as much a sign of progress as a reminder of the government’s inaction. Last year the government said it was planning a permanent museum commemorating the 8888 uprising in Rangoon. Unfortunately, the anniversary of the revolt was met with silence from the government, as was that of the Saffron Revolution.

But as much as words, victims need actions. Former political prisoners lament the lack of support they receive from those who were once their comrades. In the face of government inaction, aid groups are doing their best to try and heal the lasting impact of state violence. International NGO FHI 360 provides a six-month internship programme to former political prisoners, who often face unemployment as a result of social stigma and lack of training. Local organisations continue to operate unofficial clinics providing medical and psychosocial services to victims of human rights violations.

The government has made national reconciliation one of its priorities. Efforts to reconcile armed groups and the army are indeed essential, but reconciling oppressors with victims, and the country with its own past, cannot be neglected.

Veronica Collins is ND-Burma’s Advocacy Manager. Before coming to Burma she worked on human rights issues for the UN in Kosovo and the EU in Brussels. Read more of Veronica’s posts on Twitter @VeronicaInBurma or ND-Burma’s @ndburmaweb

Photo Credit: Thiha Lwin of AFP via Getty Images.

Read more