Opinion: Without justice, the innocent will continue to be killed in Burma

Veronica Collins, ND-Burma
Abuses reportedly being carried out in Rakhine are the same as have been documented across the country – especially in ethnic nationality areas – since 2004, writes Veronica Collins of the Network for Human Rights Documentation in Burma.

At a recent democracy forum held in Burma’s capital Nay Pyi Taw, Daw Aung San Suu Kyi was clear about who she believes is to blame for the country’s problems. “The victims of the past, those who can’t shatter the shackles of the past, have caused a lot of hindrances in the democratic transition,” she told those assembled.

The Nobel Laureate’s comments came before the current crisis in Rakhine, where the Burmese military has been accused of a campaign of “ethnic cleansing” by the UN, resulting in the most rapid outflow of refugees since the Rwandan genocide in 1991. Those fleeing the violence arrive in Bangladesh with testimonies of horrific human rights violations, bullet wounds and marks of sexual violence.

It seems it is not victims, but the military that is a ‘hindrance’ on Burma’s path to democracy.

For the last 13 years, the Network for Human Rights Documentation (ND-Burma) has been recording human rights violations and fighting for justice for victims. The abuses reportedly being carried out in Rakhine are the same we have been documenting across the country – especially in ethnic nationality areas – since 2004. Though some violations are committed by ethnic armed organizations, the large majority are carried out by government security forces.

As the world’s attention is on Rakhine, the military has in fact renewed offensives in ethnic nationality areas on the other side of the country. As always, these have been accompanied by allegations of rights violations against civilians.

Indeed, ND-Burma’s documentation suggests that the military has not been restrained by Daw Aung San Suu Kyi’s government. Over the course of 2016 – the NLD’s first year in office – ND-Burma recorded almost double the number of human rights violations than in the previous year. As in Rakhine, denial of wrongdoing and impunity for abuses continue to be the norm.

A refusal to examine the country’s bloody past has resulted in the military carrying on with business as usual. ND-Burma believes the only way to stop the cycle of violence is to deliver justice for Burma’s many victims of human rights violations. Those that have committed grave human rights violations need to be held accountable and victims be given the support they need to rebuild their lives.

Currently, impunity and illiberalism is coded into the country’s institutions and laws. The military is not under civilian control and the Constitution it drafted in 2008 provides soldiers de facto immunity from prosecution. 25% of seats in the parliament are reserved for the military and three important ministries continue to be under their control.

When the NLD took office only last year, hope was sky high, both at home and abroad. The Dalai Lama spoke of a “historic milestone for Myanmar,” and “the immense goodwill and worldwide support for this flowering of democracy.” Having refused to investigate the military’s past abuses against civilians, this hope has quickly evaporated.

As a start, Burma needs to give unfettered access to the UN Fact Finding mission to investigate allegations of grave human rights abuses across the country. Most victims ND-Burma interviews say they want nothing more than an end to conflict and guarantees that no one will ever face these abuses again. This will require institutional reform and a drastic recalibration of the military’s role in Burmese politics.

In a case recorded by ND-Burma in 2010, a monk was arrested and tortured by the military for carrying out political activities in support of the NLD. When he refused to speak, the soldiers beating him said “we have the right to kill you, we will not be punished and nobody can take us to court because we are the state caretakers.”

If this attitude is ever to change, Burma will need to start talking about justice.

 

The Network for Human Rights Documentation (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.

 

http://www.coalitionfortheicc.org

Memory of Sacrifice: Memory, Justice and the Saffron Revolution

Aileen Thomson reflects on commemorations of the pro-democracy struggle.

[This week’s posts on Tea Circle represent the start of our forum on the “Saffron Revolution,” during which we will feature submissions by those analyzing, debating, and reflecting upon the impact of Myanmar’s 2007 demonstrations, 10 years on. We will continue to accept submissions through the coming weeks, so if you would like to add your voice, whether in your own post or in the form of a response to another, please see our Call for Submissions or write to our editors at: editor@teacircleoxford.com.]

Over the past few years, anniversaries of major events in the Myanmar pro-democracy movement, including the Saffron Revolution, are commemorated with the laying of memorial wreaths for those who were killed, speeches by movement leaders about the continuing struggle, and retrospective pieces in the media reflecting on how far the country has come, and how far there is yet to go.

Well-known leaders of the democracy movement are lauded, but the lesser-known, ordinary laypeople and monks continue to suffer the impacts of their involvement in protests like the Saffron Revolution. Their time in prison and association with the then-banned organizations continues to stigmatize them and their families, preventing them from full participation in society. Now that leaders of the democracy movement are leading the government, they should make clear that those who fought for democracy are to be celebrated, not shunned, and take steps to enable their full participation in the social, economic and political life of the country.

To the puzzlement of many outside observers, memorial events are relatively devoid of outrage and demands for justice, despite the state’s brutal response to the protests. The rhetoric focuses on the bravery and sacrifice of the protesters and activists, not the horrific acts committed by those in power. Some have attributed this to a Buddhist tendency toward forgiveness, and others to a calculated political maneuvering by activists still engaged in the day-to-day struggles to consolidate and improve democracy. While both are likely factors in many cases, there is more nuance in this rhetoric.

When it comes to justice for those killed, injured, tortured and detained in the Saffron Revolution, the way the events are remembered is instructive. By their words and actions, monks and lay members of the pro-democracy movement remember their fallen colleagues as heroes who gave of themselves for the betterment of the country, not as helpless victims of a brutal regime. For many, to focus on their victimhood is to belittle their bravery in the face of known risks, to retroactively invalidate their agency and the choices they made.

These dynamics should not be seen as a rejection of justice, but as setting forth a framework within which demands for justice should be understood. Official recognition and commemoration, done well, may go a long way to providing justice for victims of political imprisonment and of violence against protesters, addressing some of the consequences of the violations and providing a remedy to the victims. If former political prisoners and other pro-democracy activists are celebrated publicly as heroes rather than ostracized as criminals, perhaps they will have an easier time reintegrating into their communities, finding employment and restoring family ties.

For the most impact, recognition must come from the government, a more authoritative, wide-reaching source than a small group of activists holding ceremonies on anniversaries. Acknowledgment of wrongful imprisonment and recognition of activists’ contribution to the society should be done on an individual basis, in a way that makes it clear to families, communities and future employers that there should be no obstacle to that person’s full participation in the social, economic and political life of the country. Meaningful recognition and commemoration should also include expunging criminal records, removing notations on identity cards, restoring revoked professional licenses, and restoring citizenship and related rights to those who are still in exile.

This is not to say that those who suffered do not deserve justice, whether in the form of reparation, truth, criminal justice or some combination of those objectives. In fact, when commemorating the Saffron Revolution, many have called for assistance to survivors, an apology from the government, and institutional reform to prevent recurrence. Some have demanded prosecution of those who ordered the crackdown. However, at least at this historical moment, the focus is on recognition and commemoration – as heroes of the democracy movement who unjustly but bravely suffered for the good of the country.

Thousands of people throughout Myanmar made incredible sacrifices to move the country towards democracy. They braved the streets in demonstrations, spread information obtained from banned sources, rallied support for the movement’s leadership, and did millions of other everyday acts of resistance. For that, they have suffered imprisonment, exile, stigmatization, unemployment and have been left otherwise unable to fully participate in their society and enjoy the gains of their struggle. Now that the leaders of that movement have power, now that the country is, in fact, moving slowly towards democracy, those who helped make that happen should be able to enjoy the benefits as well.

Aileen Thomson is an independent expert on justice and human rights with a particular focus on transitional justice in Asia. She was previously the Head of Office for the International Center for Transitional Justice in Myanmar and Nepal. She has a J.D. (law) and a M.A. (international affairs) from the American University in Washington, D.C.

Sources By

ND-Burma holds advanced transitional justice training 

From 9 to 14 September, ND-Burma and its Reparations Working Group held an advanced training session on transitional justice in Yangon.

Members of the Reparations Working Group examined how other countries have provided redress to victims of human rights violations and discussed what actions the Burmese government will have to take in order to finally end mass state sanctioned abuses.
The Reparations Working Group also prepared for the launch of its transitional justice report before the end of the year.
The Reparations Working Group comprises ND-Burma’s 13 members as well as a number of other civil society organizations working on transitional justice. These include: The Wimutti Volunteer Group, Genuine Public Servants, Open Myanmar Initiative, ’88 Generation Peace and Open Society, and the Future Light Center. 

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

September 8, 2017

 

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

 

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

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

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

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

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

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

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

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

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

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

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

Contact person;

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

[wpdm_package id=’2709′]

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

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

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

August Justice newsletter

Seeking Justice in Burma

August 2017

ND-Burma’s documentation finds continued impunity for abuses 

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

ND-Burma Coordinator Han Gyi said:

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

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

Government silent on ‘88 anniversary

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

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

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

Advisory Commission on Rakhine State publishes final report

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

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

Human rights programme launched in schools

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

Ban on student political activities lifted

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

Human rights commission inspects prisons in reform drive

The Myanmar National Human Rights Commission conducted a five day visit of a number of jails as part of the government’s prison reform process. ND-Burma member AAPP has been a long time advocate for prison reform – their report on penal overhaul with recommendations can be found here.
………………………………………………………………………………………………

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