Myanmar’s junta is blocking pathways for transitional justice

Documenting abuses remains a key way for the country to move forward, even as the military tries to drag it back to the past

Democracy in Myanmar has been sabotaged by the country’s military junta. In its place, the regime has unleashed a lawless campaign of violence against an innocent civilian population. Thousands have been killed, and many more have been arrested to face fabricated charges in closed-door, military-run courts. These acts are the junta’s direct responses to a thriving opposition movement that has rejected its failed power grab.

The Network for Human Rights Documentation-Burma (ND-Burma) has been documenting state-wide, systematic human rights violations since 2004. Its 13 member organizations seek to collectively use the truth of what communities in Myanmar have endured to advocate for justice for victims. In the wake of last year’s attempted coup, it has continued its efforts to safely and securely document atrocities committed in the country.

Documentation of abuses is always a major challenge for human rights defenders, but over the past year, it has become even more difficult. As it intensifies its use of brutal military tactics across the country, the junta has also targeted those who attempt to collect evidence of its crimes. Internet blackouts and scorched-earth campaigns are just two of the ways the regime attempts to cover its tracks.

The four pillars of transitional justice are truth, justice, reparations, and non-recurrence (institutional reform). In Myanmar, however, all pathways towards granting and ensuring transitional justice have been blocked by the regime. A blanket of denial continues to smother the very function of institutions meant to uphold and preserve the rule of law.

Human rights documentation is a pathway to transitional justice that allows survivors to pursue accountability through the international system. Granting victims safe and accessible spaces to share their experiences ensures that the reconciliation process is clear from the beginning. Organizations such as ND-Burma act as facilitators for psycho-social support and as advocates for restitution. However, under the current regime, these options are no longer even remotely accessible.

There is no rule of law in Myanmar, or any reliable transitional justice mechanisms that would hold the military accountable for war crimes, crimes against humanity, or genocide. Attacks against innocent civilians continue with impunity. It’s important to emphasize that transitional justice is not solely about prosecutions and punishment. Justice also involves the provision of reparations to victims, recognition and acknowledgment of the truth about mass violations, and legal security reforms to guarantee non-repetition.

There is overwhelming evidence to suggest that Myanmar’s military forces have committed grave crimes under international law. In February 2022, ND-Burma released “The World Must Know,” a report produced together with the Karenni Human Rights Group that details the junta’s war crimes in Karenni State. These crimes were committed with complete impunity: Not one of the victims or their families in the case studies presented, including the dozens of civilians who were burned alive on December 24, 2021, has seen a single member of the military face any consequences for these unlawful acts.

Justice for victims is routinely denied as soldiers are protected in military courts. As it stands, Myanmar also has no reparations policy which would provide redress to victims or their families. In 2015, the Reparations Working Group was established to advocate for a state-led reparations program. Since February 2021, these efforts have been forcibly put on hold. With no significant policy related to institutional reform in Myanmar, military violations against various ethnic groups and civilians have continued.

ND-Burma documentation shows that survivors want institutional reform to prevent human rights violations from happening again. Fortunately, as Myanmar’s elected, legitimate government continues to look to the future, all stakeholders, including civil society organizations, have an opportunity to collaborate on the drafting of a new federal democratic constitution that guarantees the equality of all ethnic groups, enshrines their right to self-determination, and works toward an end to conflict and security sector reforms that ensure respect for human rights.

Truth-telling and human rights documentation initiatives have long been carried out by civil society organizations. For victims and survivors of the military junta’s harrowing assaults on civilian lives, justice is long overdue. These attacks have spanned decades, yet in the context of the failed coup, the calls for accountability demand concrete action which would finally put an end to the impunity.

Han Gyi is a long-time human rights defender advocating for transitional justice and democracy in Myanmar. He is currently the Coordinator of the Network for Human Rights Documentation – Burma.

Maggi Quadrini works on human rights for community-based organizations along the Thailand-Myanmar border.

Myanmar Now News

Junta Bars UN Special Envoy on Myanmar From ASEAN Meeting

The UN Special Envoy for Myanmar was blocked by the country’s junta from attending a meeting on humanitarian assistance for the Southeast Asian nation, which has been devastated by last year’s military coup.

The Association of Southeast Asian Nations (ASEAN) on Friday held the meeting in Cambodia to discuss plans to deliver aid to Myanmar. The regime was represented by its Minister for International Cooperation Ko Ko Hlaing, the junta’s point man on provision of assistance to Myanmar.

Absent from the meeting in Phnom Penh was Noeleen Heyzer, the UN Secretary General’s Special Envoy for Myanmar.

According to the Special Advisory Council for Myanmar (SAC-M), a group of former UN experts on Myanmar, and the group ASEAN Parliamentarians for Human Rights, her attendance was blocked by the junta.

“She was invited and then disinvited,” SAC-M said in a statement.

Heyzer was appointed as United Nations special envoy on Myanmar late last year to help solve the Myanmar crisis and facilitate the provision of humanitarian assistance. 

The reason she was banned from the meeting was not clear, but it appears likely the move was prompted by her recent meetings with the parliamentary body of Myanmar’s shadow National Unity Government (NUG) and its relief and resettlement minister Dr Win Myat Aye to discuss issues including humanitarian assistance for Myanmar. 

The regime has branded the NUG as a terrorist organization. Even international diplomats who mention the NUG are subject to junta condemnation.

When Malaysian Foreign Minister Datuk Seri Saifuddin Abdullah proposed that ASEAN engage informally with the NUG to discuss how humanitarian aid can be distributed to the people of Myanmar, the regime rejected the remark as “irresponsible and reckless”, and warned Malaysian officials against contacting or supporting what it calls a “terrorist group”.

Heyzer has turned out to be the first international envoy to publicly engage with the NUG. Her meetings came after ASEAN was condemned for its failure to make progress on its peace plan for Myanmar. Despite the criticism, the bloc’s officials haven’t met with the shadow government, while being pressed to do so.

Calling Heyzer a crucial actor, the NUG’s Foreign Ministry on Monday said her exclusion from the meeting was yet another insult against the United Nations.

“The National Unity Government also extended its support to the UN envoy and expressed its deep appreciation for her engagement with the National Unity Government and local stakeholders on provision of ASEAN humanitarian assistance to Myanmar,” it said. 

The outcomes of the consultative meeting in Phnom Penh included plans for the ASEAN Coordinating Centre for Humanitarian Assistance on disaster management (AHA Centre) to deliver aid to areas identified by the Myanmar military junta and in coordination with the junta.

The SAC-M condemned this as flouting fundamental humanitarian principles of humanity, neutrality, impartiality and independence, saying it would advance the military objectives of the Myanmar junta.

The group said there are 14 million people in need of humanitarian assistance in Myanmar, while an estimated 800,000 people are displaced inside the country. Most are seeking refuge from the junta’s attacks in territory along Myanmar’s borders outside the junta’s control. The junta refuses to permit cross-border aid into these areas.

Irrawaddy News

Weekly Update 2 May 8 May 2022

Press freedom is important and fundamental to a flourishing democracy. Under the Myanmar military, not only has the space for freedom of expression been stifled but it’s been marred with deadly and severe consequences.

Military burns more than 1,000 homes in northwestern Myanmar in one week

The military has been systematically destroying villages in Sagaing Region and Chin State to ‘discourage people from taking part in the revolution,’ locals say

The military burned down more than 1,000 homes in villages in townships across Sagaing Region and Chin State during the first week of May alone, according to local sources.

On the evening of May 1, Myanmar army soldiers torched nearly the entire 800-household village of Ah Shey See in Sagaing’s southern Kalay Township. In the days that followed, they carried out widespread acts of arson some 200 miles away in Ayadaw Township’s Malethar and Kyaung Sin Aing villages.

Around 90 junta troops had been stationed in Kyaung Sin Aing since carrying out earlier raids on communities in northwestern Taze Township, also in Sagaing. They then started burning homes in the occupied village on Thursday morning, a source close to the anti-junta Taze People’s Defence Force said.

The individual did not know how many of Kyaung Sin Aing’s 300 households had been lost, but noted that most of its 3,000 residents had fled.

The destruction of Malethar in southern Ayadaw on Monday affected at least 500 of the village’s 600 homes, according to a Wednesday statement released by the township’s anti-junta information team. It was the fourth time that the community had been targeted by the military since the coup in February last year.

“The wind was blowing north and they started torching from the southern part of the village. The fire spread so fast that they didn’t even need to put in much effort,” a local man told Myanmar Now on the condition of anonymity.

Only around 30 homes, as well as a school, kindergarten and library were totally spared, he added.

The local man said that a elderly woman, who was also blind, was unable to flee with the other residents of Malethar and is believed to have been killed in the fire.

Myanmar Now was unable to independently verify whether there were casualties in the fires in Ayadaw and Kalay.

“They want to discourage the people from taking part in the revolution, but we are not scared,” a man who lost his home in the burning of Ashae See said. “The more they terrorise us, the more our hatred for them grows.”

Myanmar army troops have also perpetrated similar recent attacks on villages in neighbouring Chin State, which, like Sagaing, has been a stronghold of resistance forces.

Tlangzar_chin_state.jpeg

Houses from Tlangzar village in Falam, Chin State are seen burning on May 5 (Supplied)Houses from Tlangzar village in Falam, Chin State are seen burning on May 5 (Supplied)

Some 100 soldiers from a 30-vehicle military convoy burned more than 20 homes in two villages along the road connecting Hakha and Falam on Wednesday: Ramthlo and Tlangzar, a spokesperson for the Chin National Defence Force (CNDF) said. Both villages are located in Falam Township.

The CNDF ambushed the military unit with guerrilla attacks involving explosives, reportedly killing some 18 junta troops. The Chin resistance group suffered one casualty as well, according to the spokesperson.

The military council has not released any information on casualties in Chin State and has previously denied responsibility for acts of arson, instead blaming fires on resistance forces.

Data For Myanmar, an organisation which has been collecting data on crimes committed by the junta, released a statement on May 1 saying that 11,417 houses had been destroyed in military raids since the coup. Of these, more than 7,500 homes were in Sagaing, 2,121 were in Magway, and 1,147 were in Chin State.

In an April 18 statement marking the first anniversary of the establishment of Myanmar’s National Unity Government, acting president Duwa Lashi La explained that his administration had established policies to compensate people for such losses caused by the junta.

“We want to promise to the people that we will rebuild their homes after the revolution has finished,” he said.

Myanmar Now News

Myanmar soldiers execute nine IDPs sheltering at Sagaing meditation centre

Local residents said the victims—eight men and one woman—had all been lined up and shot in the head

Residents of Oak Pho, a village in Sagaing Region’s Budalin Township, say that regime forces executed nine people sheltering at a local Buddhist meditation centre on Monday.

The victims, some of whom were elderly, had been displaced by recent fighting in the area. All nine had been shot in the head, local sources told Myanmar Now.

“Their brains were blown out. The bullets went straight into their heads,” said one man who did not want to be identified.

“The bodies were all in a row in one area of the meditation centre. They had been forced to sit in a line, and then they were executed. There weren’t any other injuries on them,” he added.

Local residents identified the victims as Khin Saung, 82; Win Maung, 65; Bo Tin, 67; Soe, 47; Kyaw Myo Tun, 46; Pho Sait, 47; Baydar, 45; Ni, 45; and Moe Moe, 30.

According to one source, Moe Moe’s five-year-old daughter survived the attack because some other internally displaced persons (IDPs) at the centre took her with them when they fled as the military arrived.

The bodies were discovered at around 8am on Tuesday, according to a man who was present at the time.

The soldiers who massacred the IDPs were reportedly from Light Infantry Division 77, a unit based in Bago that has been accused of committing serious human rights abuses in the past.

A member of a local defence force told Myanmar Now that the soldiers were part of a column of around 150 troops that had left Monywa on Sunday morning. After reaching Budalin, around half proceeded north of the town the next day. About 5km from the town, this group was attacked with explosives.

Enraged, the soldiers raided Oak Pho, where several civilians were killed on the spot. Some villagers who fled to the nearby meditation centre were followed, forcing the IDPs sheltering there to run for their lives.

“There were around 40 people staying at the meditation centre. The younger ones, including most of the women, were able to get away. But a few older ones who had trouble running didn’t make it,” said an Oak Pho villager.

Residents of the village say that the soldiers also ransacked at least a dozen houses and destroyed several vehicles.

After spending the night at the village monastery, the troops left the following morning for the police station in Seng Pyin, a village in Depayin Township, according to local defence forces.

Most of the inhabitants of Oak Pho, a village of around 450 households, are currently in hiding in neighbouring villages, local sources said.

Myanmar Now News

Myanmar’s Health System Is in Collapse, ‘Obliterated’ by the Regime

The surgeon was in the middle of operating on a patient when the squad of soldiers entered the hospital looking for doctors to arrest. A receptionist alerted the surgeon, Dr. Kyaw Swar, but it was too late for him to stop the procedure.

Hoping to avoid attention, he ran out into the hallway and collected the shoes that he and his colleagues had left outside the operating room door — a telltale sign that surgery was underway. Moments later, the soldiers walked noisily past the operating theater.

“If they had found us, they would have arrested us,” Dr. Kyaw Swar said. “But I will not run away while I am operating on a patient. It is not a crime for a doctor to treat patients.”

Dr. Kyaw Swar’s close call last month came as Myanmar’s security forces intensify their crackdown on doctors who oppose the military junta that seized power 14 months ago. Doctors have been at the forefront of a nationwide civil disobedience movement that has crippled the economy, and the regime has targeted health care workers from the start.

In recent weeks, the security forces have arrested doctors at their homes and hospitals, revoked the licenses of prominent physicians, searched hospitals for wounded resistance fighters and threatened to close health care facilities that employ doctors opposing the regime.

For Myanmar soldiers, who are notorious for stealing from citizens, going after doctors is also a convenient way to make money, since doctors are among the country’s wealthier people. During arrests, soldiers have seized cash, gold, jewelry and vehicles worth tens of thousands of dollars. In some cases, army officers have demanded as much as $5,000 not to shut down a private hospital, hospital officials said.

Since the coup on Feb. 1, 2021, soldiers and the police have arrested 140 doctors for participating in the nationwide protest movement, according to the Assistance Association for Political Prisoners, which is monitoring arrests. Of these, 89 remain behind bars.

At least 30 doctors have been killed, according to the New York-based Physicians for Human Rights, which called Myanmar one of the most dangerous places in the world to be a health worker.

The harassment and arrest of doctors who oppose the regime comes as the country faces a continuing health emergency because of a severe shortage of doctors, a chronic lack of resources and the closing of many hospitals and clinics.Image

Medical students, doctors and engineers  in February 2021 protesting against the military coup that month in Myanmar.
Credit…The New York Times
Medical students, doctors and engineers  in February 2021 protesting against the military coup that month in Myanmar.

In a statement earlier this month marking World Health Day, a rights group, Network for Human Rights Documentation Burma, said the Myanmar military has “destabilized the country beyond repair.”

“The health care sector is one of many which has been obliterated,” the group said.

Nearly one million children are not receiving routine immunizations, leaving them vulnerable to measles and other diseases, and nearly 5 million children are missing out on vitamin A supplements, putting them at risk of infections and blindness, according to UNICEF.

Throughout the country, barely 40 percent of the population is fully vaccinated for Covid-19, and many patients are left without routine care. Needed operations are difficult to schedule.

Doctors say that health care has improved somewhat in recent months in Yangon, Myanmar’s largest city, with many physicians returning to work. But anti-regime doctors estimate that hundreds of people are still dying each week because of the collapse of the health care system.

One regime tactic has been to release doctors from prison on the condition that they disavow the civil disobedience movement and agree to work at a military-controlled, government hospital, doctors said.

“In conflict-torn areas, it’s worse than in cities because the government hospitals are not running at all and people are mostly in refugee camps in the jungle,” said Dr. Wai Myo, who was fired from Mandalay General Hospital last year for joining the protest movement. “So, if something happens to them, the chance of death is very high.”

A spokeswoman for the junta’s health ministry declined to comment.

After the coup, thousands of doctors refused to work for the regime and left jobs in government facilities. Many began offering their services free at private hospitals and underground clinics.

In its attempt to force doctors to work in facilities it controls, the military has shut down at least a dozen clinics offering free medical treatment and demanded that private hospitals and clinics hand over the names of patients and their medical history.

As it hunts down anti-regime doctors and wounded combatants, the regime has branded people seeking care from underground clinics as “illegal patients.”

“What is the reason to arrest us?” asked Dr. Wai Myo. “Just for giving treatment? It’s total nonsense. I want to be a good citizen, so I joined the civil disobedience movement. I want to be a good doctor, so I’m giving free medical treatment to patients.”

Mandalay General Hospital, a major teaching hospital in Myanmar’s second-largest city, has been at the center of the protest movement since the start. Doctors in Mandalay have been much slower than those in other regions to return to work at government-controlled centers.

Last month, the city’s health director and the army general who is Mandalay’s chief commander summoned private hospital owners to a meeting and informed them that the licenses of 14 medical professors and leading specialists at Mandalay General Hospital would be revoked, according to hospital owners who attended the meeting.

Image

Medical staff watched from a hospital rooftop as security forces cracked down on protestors in Mandalay in February 2021, the month of the coup in Myanmar.
Credit…The New York Times
Medical staff watched from a hospital rooftop as security forces cracked down on protestors in Mandalay in February 2021, the month of the coup in Myanmar.

They warned that any private hospital that hired them — or other doctors known to support the civil disobedience movement — would be shut down.

The loss of highly trained doctors can have life-or-death consequences for some patients.

Lieu Shin, a rice farmer from Kalay, 160 miles northwest of Mandalay, is in desperate need of a kidney transplant, and his brother has agreed to donate one. But Mandalay General Hospital, the only place in the region where such surgery could be done, no longer has a team of doctors capable of performing the operation.

Mr. Lieu Shin, 64, was given only days to live, but continues to hang on with dialysis, which is exhausting his family’s savings. He blames the regime for his inability to get treatment, not the doctors.

“The doctors said I need an emergency operation,” he said. “But there are not enough doctors at the hospital. All I can do now is wait for my turn to die.”

The New York Times