ND-Burma November Justice news: Pope calls on Burma to respect justice and human rights; 14-year-old boy arrested and tortured; journalists jailed; protest ban in Yangon, and more…

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November 2017

Pope calls on Burma to commit to justice and respect for human rights

During a 4-day visit to Burma, the Pope delivered a speech calling for a future in which there is “peace based on respect for the dignity and rights of each member of society.” He also stressed that peace can only come about through “a commitment to justice and respect for human rights.”

UN committee tasked with ending violence against women requests special report on troop operations in Northern Rakhine

The UN committee tasked with monitoring countries’ implementation of the Convention on Elimination of Violence Against all Women (CEDAW) has requested the Burmese government deliver a special report on alleged troop violence against women in northern Rakhine State within the next six months.

Burma has been a signatory to CEDAW since 1997 but submissions to the committee from Burmese civil society have repeatedly highlighted state violence against women, especially in ethnic nationality areas.

Daw Aung San Suu Kyi visits Rakhine and urges people “not to quarrel”; 
US Secretary of State says targeted sanctions possible

Daw Aung San Suu Kyi undertook her first official visit to northern Rakhine State at the beginning of the month, where she told a group of Muslim religious leaders that people in the region should not “quarrel.”

U.S. Secretary of State Rex Tillerson also visited Burma and held a press conference with the State Counsellor. He released a statement following his trip saying that the Tatmadaw’s campaign in Rakhine amounted to “ethnic cleansing” and that the U.S. would be considering sanctions against those responsible.

14 year old Ta’ang boy arrested and tortured by Tatmadaw

Tatmadaw soldiers arrested a 14-year-old Ta’ang boy and reportedly tortured him before charging him to two years’ imprisonment under Article 17(1) of the Unlawful Association Act. Soldiers allegedly found a photo of the boy dressed in Ta’ang rebel soldiers’ uniform while searching his phone at a checkpoint. The boy, who does not speak Burmese, was detained for seven days without access to a lawyer or interpreter. He says he was deprived of sleep, food, and water during this time.

Land rights activist beaten to death in Shan State

A land rights activist who challenged land grabs in northern Shan State was beaten to death by a mob. Three people were arrested but later released.

Government imposes near blanket ban on protests in central Yangon

November saw a military MP pass a directive to ban all protests and assemblies in 11 townships in central Yangon, ostensibly to avoid “public annoyance and anxiety” and “disturbance of traffic.” Civil society has criticised the directive and questioned whether it is in line with the country’s existing Assembly Law and Constitution.

Foreign journalists and local team sentenced for flying a drone, awaiting further charges

Two foreign journalists, their Burmese interpreter and a driver were sentenced to two months’ jail for flying a drone over the parliament in Nay Pyi Taw, despite having received prior permission from the authorities. All four were sentenced under the colonial era Burma Aircraft Act, with the two foreign journalists – one from Singapore and the other from Malaysia – also charged with immigration violations. They are awaiting further charges under the country’s Import-Export Law, which could add an additional three years on to their sentence.

The case has dumbfounded observers and attention has been drawn to the fact that the journalists were on assignment for Turkish state television; Turkey’s Prime Minister has referred to the Tatmadaw’s operations in Northern Rakhine as “genocide”. The journalists’ interpreter, Aung Naing Soe, is a Burmese Muslim who has previously faced harassment. A good summary of the case by Voice of America can be found here.

Permanent museum commemorating 8888 uprising to be opened in Yangon

The former Import and Export Enterprise building in downtown Yangon is to be turned into a permanent museum commemorating the 8888 democracy uprising. The Minister of Religious Affairs and Culture said it may be financed directly by the Ministry, or by crowd-funding from the general public. A small 8888 museum has been run by veterans of the uprising since 2015, but has relied on individual donations and received no official government funding. Those managing the temporary museum, which will be closed once the new space opens, told ND-Burma they were happy with the moves towards a permanent museum and confirmed all exhibits would be moved to the new location.

Fierce fighting between ethnic armed groups and Tatmadaw displaces thousands in Chin and Kachin;
Kachin women group call for special protection laws for women IDPs

With the end of rainy season, fighting has re-ignited between the Tatmadaw and ethnic armed groups in both Chin and Kachin states. In Chin state, the Tatmadaw has clashed with the Arakan Army, resulting in about 1,500 people fleeing to seek shelter near the Indian border. Meanwhile in Kachin State the Tatmadaw resumed attacks on a Kachin Independence Army base it had been targeting in June and July, preventing those who have been displaced since then from returning home.

Kachin-based women’s groups have called for special protection laws for women displaced by conflict. They have submitted their proposals to the parliament, which has yet to pass a law on the protection of women against violence.

Mon armed group says Tatmadaw pressuring it to sign Nationwide Ceasefire Agreement; 
Karen groups say government using ceasefire agreements to plunder ethnic areas

In an interview with The Irrawaddy the Chairman of the New Mon State Party (NMSP) said that recent Tatmadaw actions have been aimed at pressuring the group to sign the Nationwide Ceasefire Agreement (NCA). Seizing NMSP bases and forbidding the group from training and parading on Mon Revolution Day was a tactic to force the group to sign the NCA, he said. Authorities in Mon State have allegedly refused to finish re-building roads until the NMSP signs the NCA.

Meanwhile, 53 Karen organizations issued a joint statement accusing the government of using ceasefire agreements as a tool to plunder ethnic areas, citing land grabs and environmental destruction as the result of projects such as the Dawei Special Economic Zone.

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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

Photo : DVB News

Human Rights Documentation Training

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Basic Human Rights vs Documentation Training, Yangon 20-24 November 2017.

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State terror in the Kachin hills

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 In late 2012, the Burma Army intensified military operations against strongholds of the Kachin Independence Army (KIA). This culminated in a massive offensive on the KIA headquarters at Laiza on the China-Burma border starting in mid-December.

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ND-Burma October Justice newsletter: Ethnic leaders lambast stalled peace process; Kachin and Rakhine rights defenders jailed; no progress on Rakhine, and more….

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Seeking Justice in Burma

October 2017

Ethnic leaders criticise government on two year anniversary of Nationwide Ceasefire Agreement

15 October marked the two year anniversary of the Nationwide Ceasefire Agreement (NCA) and the month saw a number of ethnic leaders and peace negotiators criticise the lack of progress on the peace process.

The Chairman of the Shan Nationalities League for Democracy criticised the NLD for neglecting ethnic political parties since their election, saying at a party event:

“The NLD hasn’t yet been able to develop the ongoing peace process and also they haven’t yet been able to [successfully] negotiate with other ethnic armed groups to sign the NCA . I think that the NLD-led government is worse than the USDP because the Thein Sein [administration] have good relations with ethnic armed groups.”

The leaders of the Karen National Union and Arakan National Liberation Party  also criticised the slow progress on the peace process.

Tatmadaw chief Senior General Min Aung Hlaing used the anniversary to reiterate the government’s position that ethnic armed organisations (EAOs) would have to sign the NCA before joining political negotiations as part of the Panglong peace process. In his speech he equated refusal to sign the NCA with a “desire for armed ‘anarchy’”.

Eight EAOs signed the NCA two years ago under the auspices of the U Thein Sein government. None have signed since. The signatories make up about 20% of the total number of EAO troops in Burma.

In order to revive the sputtering peace process, the General Secretary of the Mon National Party called on the government to allow non-signatory EAOs to join the political dialogue before signing the NCA. The eight EAOs that have signed the NCA have requested the same of the government.

The five members of the United Nationalities Federal Council (UNFC) have said they are ready to sign the NCA at the next session of Panglong, potentially scheduled for December.

However the Federal Political Negotiation and Consultative Committee (FPNCC) – representing seven non-signatory EAOs, including several breakaway members of the UNFC – has said it will not sign the NCA in its current form.

One good piece of news in the peace process that women’s participation has crept up from just 7% at the first conference in 2016 to 17% in May this year.

Frontier Myanmar published an excellent briefing outlining the outstanding issues in the peace process. It warns that a lack of progress could lead to the NCA  “being remembered as merely an intellectual exercise on drafting political statements rather than firm agreements for peace that have a positive impact on the population.”

Please also see ND-Burma’s briefing ahead of the most recent Panglong peace conference in May outlining our members recommendations to the government.

Human rights defenders in Shan and Rakhine jailed for exposing Tatmadaw abuses;
Journalists arrested for flying drone near parliament

Two Kachin pastors who were arrested in January this year after showing reporters the site of an alleged Tatmadaw airstrike in Northern Shan State were sentenced to six and a half years of jail time between them.

67-year-old Dumdaw Nawng Lat and 35-year-old Langjaw Gam Seng were both sentenced to two years and three months under the Unlawful Associations Act for their alleged support of the Kachin Independence Army, and under the Import Export Act for operating motorcycles without a licence. Nwang Lay received an additional two year charge for an interview he gave about alleged Tatmadaw airstrikes in 2016.

David Baulk of NGO Fortify Rights said: “How many more human rights defenders have to be locked up before the world realises that the Myanmar military have no intention of being held to account for their crimes?”

October also saw Arakan National Liberation party official Ko Khaing Myo Tun sentenced to 18 months in jail on defamation charges after having published a statement accusing the Tatmadaw of torture and forced labour.

In a separate story, three reporters and their driver were arrested after flying a drone near the parliament in Naypyitaw. They are potentially facing a three year sentence for bringing the drone into the country.

Refugees face hunger and lack of medical care as international aid dries up

The Irrawaddy reported on 23 October that Shan refugees in camps on the Thai-Burma border in Shan State have almost completely run out of food. Funds from international donors have been drying up since the country’s peace process started. The reports were followed by an announcement from government spokesperson Zaw Htay that refugee camp leaders need only ask the government and it would provide the food aid. Shan refugee representatives are sceptical.

October also saw the Mae Tao clinic on the Thai-Burma border launch a fundraising campaign to enable it to carry on providing healthcare to refugees from Burma.

Tatmadaw continues to deny human rights violations in Rakhine as EU calls for justice

The government kickstarted the month by suggesting that the more than half a million Muslims who have fled Northern Rakhine State have done so in order to ‘mislead’ the international community. The Tatmadaw announced it would conduct an investigation into troop behaviour during the counterinsurgency campaign. The accuracy of previous Tatmadaw probes into soldiers’ conduct in Northern Rakhine is doubtful, with the most recent finding only two soldiers guilty of misconduct – one for stealing a motorbike. The repatriation of refugees has yet to begin.

The EU suspended military training of Tatmadaw officers and called on Burma to end impunity and bring all perpetrators of human rights violations to justice.

Karen National Union “regrets witnessing the repeat of this history” in Rakhine

On the second anniversary of the NCA the Karen National Union (KNU) released a statement saying the Tatmadaw’s campaign in Northern Rakhine State “brings to mind what the KNU and the Karen people experienced […] The KNU regrets witnessing the repeat of this history […].”

Mark Farmaner of Burma Campaign UK published a powerful piece demanding the 1991 ‘Bogalay crisis’ in Karen State – where the Tatmadaw is alleged to have carried out a campaign of  executions, rape and mass looting – be investigated and commemorated.

Ethnic Armed Groups accused of rape and forced recruitment

Two soldiers from the Ta’ang National Liberation Army (TNLA) have been accused of raping a school headmistress in Northern Shan State. According to ND-Burma’s sources compensation has been given to the victim, though what punishment the soldiers received is still unclear. In a separate incident the KIA abducted over 60 civilians in Kachin State and has so far released approximately 20.

Ministers and armed organizations cultivating refugee land in conflict areas;
Report finds Special Economic Zones favour investors over locals

An investigation by The Irrawaddy found that land belonging to people who had fled due to conflict was being cultivated by former ministers as well as armed groups.

ND-Burma member the Tavoyan Women’s Union (TWU) joined the launch of a report examining Special Economic Zones (SEZs) in Southeast Asia. General Secretary of the TWU Su Su Swe said of the SEZ in Dawei: ““Without right process, such a mega investment project cannot contribute positive impact and it will create more conflicts in our area. We are very worried that the local government will go ahead without listening to people’s concerns, particularly of the women.”

Reports find judiciary and parliament in bad shape;
Corrupt Mon State officials face legal action

A damning report published by UK organisation Justice Base found corruption, delays, and carelessness in the Burmese judicial system, as well as a lack of checks and balances. A report published by local NGO the Yone Kyi Yar Knowledge Propagation Society found that many MPs are perceived as slackers and have “little knowledge of laws”. Here a useful breakdown of the legislation passed under the current parliament.

Meanwhile the Mon State General Administrative Department (GAD) has said legal action is being taken against eight ward and village administrators who have been accused of corruption and abuse of power.

Ethnic nationalities fight to preserve their languages

Karen literature and culture committees from across Burma convened to discuss how the Karen language will be taught in a future federal system. Members said that ethnic languages teachers – who teach outside of school hours – had not been paid for the last six months. A joint committee of government and Karen representatives agreed to begin working on the first English- Burmese – Karen languages dictionary. And the U.S. Mon community donated 40 million kyats (approximately $30,000) to fund Mon language education. in Burma.

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ND-Burma is a 13-member organization whose members represent a range of ethnic nationalities, women and the LGBTI community. We have been documenting human rights abuses and fighting for justice for victims since 2004.

Members
Assistance Association for Political Prisoners – Burma (AAPP)
Kachin Development Networking Group (KDNG)
Human Rights Foundation of Monland (HURFOM)
Kachin Women’s Association – Thailand (KWAT)
Ta’ang Women’s Organization (TWO)
Ta’ang Students and Youth Organization (TSYO)
Tavoyan Women’s Union (TWU)

Affiliate Members

All Arakan Students’ and Youths’ Congress (AASYC)
Chin Human Rights Organization (CHRO)
EarthRights International (ERI)
Equality Myanmar
Lahu Women’s Organization (LWO)
Pao Youth Organization (PYO)

ND-Burma member Tavoyan Women’s Union speaks to the Coalition for the International Criminal Court about their work:

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“The Tavoyan Women’s Union was founded in 1995 in order to fight the injustices being carried out against people living in the Tanintharyi region of southern Burma. Here, land grabs happen frequently and serve to enrich the military and their cronies – the Tavoyan people are rarely sufficiently compensated and Special Economic Zones (SEZs) bring nothing but human rights abuses and environmental destruction. Our work teaches women and their families their rights and gives them the tools to be able to fight for justice. We have joined with 12 other NGOs who are part of the Network for Human Rights Documentation to demand justice from our government as we have seen in our region that as long as human rights abuses are ignored, they do not stop.”

http://www.coalitionfortheicc.org/tavoyan-womens-union

WORKSHOP: The Role of Truth in Strengthening Peace

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