ND Burma
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.
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OPEN LETTER: SEEKING CONFIRMATION THAT MYANMAR MILITARY JUNTA MEMBERS WILL NOT BE PRESENT AT THE UPCOMING ASEAN-JAPAN SPECIAL MEETING OF JUSTICE MINISTERS (AJSMJ) AND ASEAN-G7 JUSTICE MINISTERS’ INTERFACE
/in Member statements, Press Releases and StatementsTo:
Government of Japan, Ministry of Justice
Ken Saitō, Minister for Justice
ken.saito@moj.go.jp
Office of the ASEAN-Japan and G7 Justice Ministers’ Meeting Organizing Committee
AJSMJ-Japan@i.moj.go.jp
International Division, Media Desk
MOJ-Itn-Conference10@i.moj.go.jp
Cc:
Government of Japan, Ministry of Foreign Affairs
Hayashi Yoshimasa, Minister for Foreign Affairs
hayashi.yoshimasa@mofa.go.jp
Southeast & Southwest Asia Affairs Department
Yutaka Arima, Director
yutaka.arima@mofa.go.jp
International Cooperation Department
icdmoj@i.moj.go.jp
National Unity Government of Myanmar, Ministry of Justice
U Thein Oo, Minister for Justice
moj@nugmyanmar.org
National Unity Government of Myanmar, Ministry for Foreign Affairs
H.E Daw Zin Mar Aung, Minister for Foreign Affairs
mofa@nugmyanmar.org
National Unity Government of Myanmar, Representative Office – Japan office
Saw Ba Hla Thein
office.jp@mofa.nugmyanmar.org
4 July 2023
Subject: Seeking confirmation that Myanmar military junta members will not be present at the upcoming ASEAN-Japan Special Meeting of Justice Ministers (AJSMJ) and ASEAN-G7 Justice Ministers’ Interface
Dear Ministers and staff,
We are writing this open letter to you on behalf of 411 Myanmar, regional and international civil society organizations working together to protect Myanmar people’s right to democratic representation internationally. We call on your ministry to publicly affirm your support for the people of Myanmar in relation to the upcoming ASEAN-Japan Special Meeting of Justice Ministers (AJSMJ) and ASEAN Law and Justice Ministers Interface with G7 Justice Ministers that you will host in Tokyo on July 6 and 7, 2023.
Specifically, we are seeking your confirmation that:
As you are aware, a democratic general election was held in Myanmar on November 8, 2020. In a landslide victory, the voters elected a government led by the incumbent National League for Democracy party. Independent national and international election observers unanimously concluded[i] [ii] [iii] that the election was free and fair, and the result represented the will of the Myanmar people.
Yet, on February 1, 2021, the Myanmar military launched an illegal coup attempt. Since then, an illegal and illegitimate military junta has seized multiple institutions of government, including domestic ministries and overseas embassies, and attempted to pose as the government of Myanmar. The junta refers to itself as the ‘State Administrative Council’ (SAC), even though it has neither the authority to hold government office nor effective control over the majority of Myanmar’s territories, which are under the administration of the democratic resistance movement and ethnic administration bodies.[iv]
Under the guise of the SAC, the military junta has launched a nationwide campaign of heinous crimes against the people of Myanmar in an attempt to suppress and control them. To date, the military has killed 3,744 people and imprisoned 19,312 more,[v] including the President, State Counsellor, elected members of parliament, journalists, pro-democracy activists, religious leaders and other individuals.
The remaining elected members of the government and parliament (the ‘Pyidaungsu Hluttaw’ in Burmese) formed the Committee Representing Pyidaungsu Hluttaw (CRPH) and then the National Unity Government (NUG) based on the mandate gained from the 2020 election results.
The military has committed massacres, indiscriminate airstrikes, artillery shelling, torture, sexual and gender-based violence and mass arson. As a result of these crimes, over 1.5 million people have fled their homes[vi] since the attempted coup and tens of thousands more have been forced to flee to neighboring countries. Such atrocities amount to war crimes and crimes against humanity, and these have been committed by the same military that stands accused of genocide and other gross crimes against the Rohingya before the International Court of Justice, the International Criminal Court and in the universal jurisdiction case in Argentina.
The Myanmar military junta’s ability to gain and retain power depends on violence, coercion, access to funds, arms and other resources, and importantly, the blanket impunity it has enjoyed through the absence of overdue justice and accountability. Further, when foreign governments engage with the military junta as though it were a government, this risks significant harms for the people of Myanmar, including:
The Ministry of Justice has already taken steps to support the people of Myanmar when you publicly stated that your assistance to the Union Attorney General’s Office (UAGO) and the Supreme Court of the Union of Myanmar has been suspended since the military’s attempted coup in 2021.[vii] These efforts have been much appreciated by the people of Myanmar.
Meanwhile, we understand that the ASEAN-Japan Special Meeting of Justice Ministers (AJSMJ) is the first meeting of this type within the Ministry of Justice’s “Justice Affairs Diplomacy” initiative that aims to promote fundamental values such as the rule of law and respect for human rights in the international community. We also understand that the meeting will be held under the theme “Advancing ASEAN-Japan Cooperation to Promote the Rules of Law: Towards a New Phase Beyond the 50th Year of Friendship and Cooperation”.[viii] With these aims in mind, we request that you consider the following when confirming the participants in this meeting:
Thus, it would be an affront to democracy and the people of Myanmar to include military junta members in a meeting promoting the rule of law.
In consideration of the above, we kindly request that you ensure that Japan does not provide political support and false legitimacy to the Myanmar military junta by banning its representatives from the ASEAN-Japan Special Meeting of Justice Ministers.
Noting that other significant Japan-ASEAN meetings are also regularly scheduled by your ministry, we are seeking your confirmation that the people of Myanmar will be represented by their democratically elected government, the National Unity Government (NUG), and not by the illegitimate military junta, at all other ASEAN-Japan meetings which you will host.
This request echoes the recommendation of the United Nations Special Rapporteur for the situation of human rights in Myanmar[xii] who urges that “Member States who support human rights, democracy, and the aspirations of the people of Myanmar publicly reject the SAC’s false claim as a legitimate government and instead recognize the NUG as the legitimate representative of the people of Myanmar.” Your decision to ensure that the people of Myanmar are represented by their democratically elected government, not the illegal military junta, would be in line with the Ministry for Justice’s decision to cut assistance to Myanmar following the junta’s attempted coup in 2021 as well as some recent decisions of ASEAN not to invite representatives of the military junta to high-level meetings.[xiii] [xiv]
The Government of Japan must take significant steps to hold the Myanmar military accountable for its heinous crimes and bring justice and accountability for the people of Myanmar. The people of Myanmar depend on powerful members of the international community such as the Government of Japan to take all necessary actions to ensure that they and their legitimate government receive the relevant political and technical support. Such key actions include banning junta members from joining internationally-recognized inter-governmental forums.
The democratically elected National Unity Government can be contacted via the details provided on their official website:https://www.nugmyanmar.org/en/. The Minister for Justice, U Thein Oo, can be contacted at moj@nugmyanmar.org and the Minister for Foreign Affairs, H.E Daw Zin Mar Aung, can be contacted at mofa@nugmyanmar.org. The National Unity Government also has a representative in Japan, Saw Ba Hla Thein, office.jp@mofa.nugmyanmar.org, with whom we would encourage you to formulate a relationship if you have not done so already. If you require further information about the current situation in Myanmar, and/or assistance in distinguishing legitimate government representatives of Myanmar from illegal military junta members, we remain at your disposal to assist in this process.
We await your response with much anticipation and will continue to monitor whether your actions support the people of Myanmar or the brutal and illegitimate military junta.
Sincerely,
Ko Ye
Defend Myanmar Democracy
+66 816 490 228 (Signal)
communication@defendmyanmardemocracy.org
Khin Ohmar
Progressive Voice
info@progressive-voice.org
Myint Swe
Federation of Workers’ Union of the Burmese Citizen in Japan
+81 08041556099 | msfwubc@gmail.com
Saw Alex
+48 728 027 952 (Signal)
kolobee@protonmail.com
This letter is endorsed by 411 organizations representing Myanmar, regional and international civil society, including 214 organizations which have chosen not to disclose their names.
List of organizations:
Additional list
[i] Domestic Election Observer Organizations, Joint Statement by Domestic Election Observer Organizations, 29 January 2021,https://drive.google.com/file/d/1eLc0m-nFWorVCbucKBa8E9E2IsZo4_uW/preview
[ii] Reiner M. Antiquerra, John; Buenaobra, Maribel; Chung Lun, Lee & Vier, Amaël, The 2020 Myanmar General Elections: Democracy Under Attack – ANFREL International Election Observer Mission Report, Asian Network for Free Elections, 2021, https://anfrel.org/anfrel-releases-2020-myanmar-general-elections-final-observation-mission-report/
[iii] The Carter Center, Election observation mission, Myanmar, general election, November 8, 2020, Preliminary Statement, 10 November 2020, https://www.cartercenter.org/resources/pdfs/news/peace_publications/election_reports/myanmar-preliminary-statement-112020.pdf
[iv] Briefing Paper: Effective Control in Myanmar, Special Advisory Council for Myanmar, 5 September 2022,https://specialadvisorycouncil.org/2022/09/briefing-effective-control-myanmar/
[v] Assistance Association For Political Prisoners (Burma), Daily briefing, 3 July 2023, https://aappb.org/?p=25481
[vi] UNHCR Regional Bureau for Asia and Pacific, Myanmar Emergency Update, 1 May 2023, https://reporting.unhcr.org/myanmar-emergency-regional-update
[vii] Government of Japan, Ministry of Justice, International Cooperation Department
Research and Training Institute, March 2023, https://www.moj.go.jp/content/001393749.pdf
[viii] Republic of the Philippines, Department of Justice, Japan to host special meeting of ASEAN justice ministers, October 2022https://www.doj.gov.ph/news_article.html?newsid=766
[ix] Aljazeera, US, UK, Canada sanction top Myanmar justice officials, 31 January 2022, https://www.aljazeera.com/news/2022/1/31/us-britain-canada-hit-top-myanmar-justice-officials-with-sanctions
[x] Aljazeera, US, UK, Canada sanction top Myanmar justice officials, 31 January 2022, https://www.aljazeera.com/news/2022/1/31/us-britain-canada-hit-top-myanmar-justice-officials-with-sanctions
[xi] Special Advisory Council Myanmar, The Myanmar Military is a Terrorist Organization Under Law, 14 December 2021,https://specialadvisorycouncil.org/wp-content/uploads/2021/12/SAC-M-Briefing-Paper-Myanmar-Military-Terrorist-Organisation-ENGLISH.pdf
[xii] Thomas Andrews, Illegal and Illegitimate: Examining the Myanmar military’s claim as the Government of Myanmar and the international response Conference room paper of the Special Rapporteur on the situation of human rights in Myanmar (A/HRC/52/CRP.2), 31 January 2023, https://www.ohchr.org/sites/default/files/documents/countries/mm/2023-01-27/crp-sr-myanmar-2023-01-31.pdf
[xiii] Radio Free Asia, Cambodia Postpones First ASEAN Meeting Amid Differences Among Members, Voice of America, 13 January 2022,https://www.voanews.com/a/cambodia-postpones-first-asean-meeting-amid-differencesamong-members-/6395847.html
[xiv] The Straits Times/Asia News Network, Myanmar junta snubbed at Asean defense chiefs’ meet, The Inquirer, 23 November 2022,https://globalnation.inquirer.net/208753/myanmar-junta-snubbed-at-asean-defense-chiefsmeet
Download PDF in English I Burmese
Myanmar prison guards torture inmates marking Martyrs’ Day
/in NewsThey beat 31 political prisoners and locked them in narrow, dark cells.
Prison guards at Myanmar’s Thayarwady (Tharyawaddy) Prison have beaten 31 inmates for marking the country’s Martyrs’ Day and four are being treated for their injuries in the prison hospital, sources told RFA Friday.
Prisoners held a saluting ceremony on July 19, while women inmates wore black ribbons, said the sources close to the prison who didn’t want to be named for security reasons.
They said 16 men and 15 women have been locked up since then.
Martyr’s Day marks the July 19, 1947 assassination of nine Myanmar independence leaders, shot dead by members of a rival political group while holding a cabinet meeting in Yangon. The victims were Prime Minister Aung San, Minister of Information Ba Cho, Minister of Industry and Labor Mahn Ba Khaing, Minister of Trade Ba Win, Minister of Education Abdul Razak, and Myanmar’s unofficial Deputy Prime Minister Thakin Mya.
Less than six months after the end of British rule, the date of their assassination was designated a national holiday. It is marked annually by both the military regime and pro-democracy groups.
The prison ceremonies are thought to have been organized by Than Toe Aung, head of Yangon region’s Thanlyin township Youth Group of the National League for Democracy, the party which won a landslide victory in 2020 elections before being ousted by the military.
Than Toe Aung was hospitalized after interrogation, along with three others, Thaik Tun Oo, an official of the Myanmar Political Prisoners Network told RFA.
“Three days after Than Toe Aung was admitted to the hospital, three more were also admitted,” he said.
“We can confirm that they were severely beaten. Than Toe Aung is in critical condition. I heard he would be put in a locked cell after medical treatment.”
He added other political prisoners who have been locked in dark, cramped cells after interrogation include male dormitory inmates Yan Naing Soe; Hla Soe; Sote Phwar Gyi; Tarmwe Ko Zwel; ‘Dr Joe’; O Be; and a Letpantan township Civil Disobedience Movement captain who wasn’t named.
Women’s dormitory inmates who are still locked up after interrogation include Hnin Lae Nanda Lwin; Shun Ei Phyu; Nilar Sein; Su Yi Paing; Wut Yi Lwin; Aye Thida Kyaw; Yi Yi Swe; Lwin Lwin Nyunt; Sandi Nyunt Win; Aye Thet San; Shwe Yi Nyunt; Ya Min Htet; Htoo Htet Htet Wai; Myo Thandar Tun; and Moe Myat Thazin, according to the prisoners network official.
Another source close to the Tharyawady Prison told RFA other political prisoners are protesting against the locking up of their fellow inmates by boycotting the prison shop.
RFA contacted the Naypyidaw-based Prison Department by phone to get its comments on the case but there was no response.
There has been a series of brutal beatings and killings by prison guards since a jail break three months ago at the prison housing Myanmar’s ousted president, Win Myint.
On May 18, nine inmates escaped from Bago region’s Taungoo Prison, grabbing guns from prison guards and escaping into the jungle where they were met by members of a local People’s Defense Force.
Since then, political prisoners at Bago’s Thayarwady and Daik-U Central prisons and Myingyan Prison in Mandalay region have been beaten to death during interrogation or killed during ‘prison transfers’, according to family members and sources close to the prisons, who all requested anonymity to protect prisoners and their relatives.
More than 24,000 people, including pro-democracy activists, have been arrested since the Feb.1, 2021 coup, according to the Thailand-based Assistance Association for Political Prisoners (Burma). It says almost 20,000 are still being detained across Myanmar.
On August 1, 254 prisoners, including some political prisoners in Tharyawady Prison were released by the junta’s amnesty. But sources close to the prison say as many as 900 political prisoners are still being held there, awaiting trial.
RFA News
More than 16,500 homes and buildings destroyed by Myanmar junta since coup
/in NewsEvicted residents, who can’t afford to buy new houses, have been forced to rent places or return to their villages.
Myanmar’s military junta has evicted families and destroyed more than 16,500 homes and other buildings in large cities and towns across the Southeast Asian country, claiming that the structures “encroached on land owned by the state,” according to data compiled by Radio Free Asia.
The data is based on residents’ testimonies and notices from local authorities, compiled since the military seized control of the country from the elected civilian-led government in a February 2021 coup. The actual figure may be higher, however.
The junta has removed the buildings under the pretext of “encroachment,” claiming the land belongs to the railway department, the irrigation department, or the military, or that it has been zoned for municipal infrastructure.
The junta also has forcibly evicted people living in informal settlements as part of a bid to increase its land holdings, RFA reportedin February.
Families who have lost their homes say they are now facing hardship.
The military has leveled nearly 11,700 houses and buildings in Yangon region, home to Myanmar’s largest city and former capital, and the area with the greatest concentration of buildings.
Of that figure, the junta has demolished more than 4,100 houses and buildings in Mandalay, the second-largest city by population, while smaller cities and towns, such as Magway, Naypyidaw, Taungoo, Sittwe and Ann have seen between 75 to 200 demolitions each.
The military removed residential houses in Magway, saying they were too close to an Air Force base, demolished civilian homes and buildings in Mandalay on the grounds that the inhabitants were squatting on regional government-owned land, private land or land too close to a railway, and tore down homes in Naypyidaw, claiming they were situated too close to the Yan Aung Myin Forest Reserve.
Enter the bulldozers
A resident of Myo Thit Ward No. 4 in Mandalay who had lived in a home there for 17 years, said the junta leveled 200 homes in the ward, including his.
“There was no deadline in the notice that the authorities sent to us,” he said. “It just said that we must move out as soon as possible, so we started collecting our property and disassembling our homes.”
“But yesterday bulldozers arrived and started bulldozing our houses around noon,” said the resident who declined to be identified out of fear of retribution. “Right now, I have rented a house to live in.”
A resident who was evicted from Manadalay’s Pyigyitagun township told RFA that he could not afford to buy another dwelling because of high commodity prices.
“We had to pinch pennies with a lot of difficulty to save up and buy our house,” he said.
Patheingyi township administrators under the control of the military issued notices this June to nearly 10,000 households that their homes would be removed on the grounds that they had been built on farmland without permission.
Similarly, in Yangon region, the junta demolished homes it claimed were built on lands owned by public parks, the regional government or the military.
In November 2022, soldiers knocked down about 100 houses in Yangon’s Mayangon township they claimed was on land owned by a stadium, forcing nearly 300 people into homelessness.
A resident who refused to be named for safety reasons told RFA he had to rent a house to stay on the outskirts of the city because he could not afford to buy a new one.
“No one could buy another house again after the evictions,” he said. “All of them have to live as tenants now. Some had to go back to their villages.”
Human rights violation
Rights activist Zaw Yan of the Yangon People’s Welfare Network told RFA that the junta’s demolition of civilian homes under the pretext of encroachment is a violation of human rights.
“From a human rights standpoint, it is a violation of Article 13 of the United Nations Universal Declaration of Human Rights,” he said. “Also, they’ve violated [Myanmar’s] constitution which says that every citizen has the right to live in any region within the country according to the law.”
In a statement issued on Dec. 2, 2022, U.N. human rights officials said the junta’s act of removing houses by force was a violation of basic human rights and a war crime.
Maj. Gen. Zaw Min Tun, spokesman for Myanmar’s State Administration Council, the official name of the regime, told RFA in March 2022 that the junta had to focus on encroachment issues because previous governments did not resolve them.
A Yangon-based attorney who knows about the demolitions told RFA that previously the removal of homes was usually suspended or postponed through negotiations with administrative officials, though that’s no longer possible under current military rule.
RFA News
Myanmar junta makes multiple arrests in Mandalay
/in NewsAmong those detained are two teachers accused of taking part in an online education program run by the NUG
Sources in Mandalay say that a number of people, including two teachers accused of working with Myanmar’s shadow National Unity Government (NUG), have been arrested in the city in recent weeks.
The teachers were both detained on July 27 during raids on their homes in in Mandalay’s Maha Aungmyay and Chanmyathazi townships, according to a person familiar with the situation.
“It’s true that they were arrested, but that’s all we know. We haven’t heard from them since they were taken into custody,” said the source, who spoke on condition of anonymity.
The source confirmed that the two teachers—one male and one female—were taking part in the Civil Disobedience Movement against military rule.
It’s believed that they were also suspected of teaching for an online education program under the NUG’s management, he added, noting that computers, mobile phones, and other items were confiscated during the raids.
Meanwhile, more arrests were made in Mandalay this week, including one on Tuesday involving a man who was picked up on 62nd Street and three more on Thursday at a teashop on 82nd Street.
According to sources, the military has been using the phone of the man arrested on Tuesday to try to contact others suspected of engaging in anti-regime activities.
Witnesses said that the arrests on Thursday were made by a group of police riding in civilian vehicles who used photographs to identify the suspects—two men and a woman, all in their 20s.
Residents of Mandalay say that arrests have been more frequent in the city since July 1, when a local urban guerrilla group called No More Dictatorship fired a handmade mortar at Mandalay Palace.
At least three arrests were made later the same day in connection with that incident, including one person who was just a bystander, sources told Myanmar Now.
There were also reports of arrests made at the Mya Bayet Monastery in Amarapura, just outside of Mandalay, on the same day. However, no further details were available.
The regime has not released any statement about recent arrests in Mandalay.
According to the latest data compiled by the Assistance Association for Political Prisoners, there are currently 19,687 political prisoners being held in Myanmar’s detention centres.
Earlier this week, the junta released around 7,000 prisoners as part of an amnesty to mark a Buddhist holiday. However, few of those released were serving sentences for political offences.
Myanmar Now News
Human Trafficking (Cartoon Animation)
/in Cartoon Animation, NewsHuman Trafficking
Thousands displaced by Myanmar junta raids on Chindwin River villages
/in NewsThe latest attacks come amid reports that the military is using the river to transport supplies to northern Sagaing Region
At least 5,000 people have been displaced by recent military raids targeting villages along the Chindwin River in Sagaing Region, according to local relief workers.
The latest attacks come as seven cargo ships, accompanied by two gunboats, started making their way north from the Sit Pin Port in Monywa early Monday morning, locals reported.
“We assume they’re going to Homalin and Mawlaik townships with supplies, weapons and ammunition. Troops on the ground raided Say Thu, which is right on the river, this morning,” a resident of the area told Myanmar Now on Monday.
Many of the displaced civilians are from Sone Chaung, a large village located opposite Monywa on the western bank of the Chindwin. Most fled the village after junta troops massacred 14 residents on July 21.
Some who returned after that incident said they were forced to flee again after soldiers stationed nearby renewed their attacks.
“We went back, but we’re sure it’s not safe to stay overnight yet. Everyone’s been displaced since the military arrived,” said a Sone Chaung villager who spoke on condition of anonymity.
Other villages affected by the recent raids include Than Po, Sithu, Pan Tein Pyin, and Kyauk Hmaw, according to local relief workers.
Myanmar’s military often uses the Chindwin River to transport supplies to remote parts of northern Sagaing Region. The regime has faced fierce resistance to its rule throughout the region since it seized power in a coup in February 2021.
Military supply lines are a frequent target of anti-junta groups that have deployed guerrilla tactics as a means of weakening the junta’s ability to assert control over the country’s population.
According to the latest United Nations estimates, ongoing conflict in Myanmar has displaced at least 1.6 million civilians over the past two and a half years.
Myanmar Now News