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Justice Newsletter (December 2020)

January 8, 2021/in Justice Newsletters

Summary Overview This month the National League for Democracy (NLD) formed a committee to hold talks with ethnic political parties in an effort to ‘coordinate and try to achieve common ground.’ However, ethnic parties say they have reason to approach the invitation with caution. The Shan Nationalities League for Democracy Vice chair Sai Nyunt Lwin […]

On the 72nd International Human Rights Day, the Network for Human Rights Documentation-Burma Calls for An Immediate End to Widespread Violations and A Response to the Humanitarian Crisis in Burma

December 10, 2020/in Press Releases and Statements

On the 72nd International Human Rights Day, the Network for Human Rights Documentation-Burma Calls for An Immediate End to Widespread Violations and A Response to the Humanitarian Crisis in Burma 10 December 2020: The Network for Human Rights Documentation-Burma (ND-Burma) is concerned about the escalating human rights situation in Burma. Abuses are widespread and target […]

Justice Newsletter (December 2020)

January 8, 2021/in Justice Newsletters

On the 72nd International Human Rights Day, the Network for Human Rights Documentation-Burma Calls for An Immediate End to Widespread Violations and A Response to the Humanitarian Crisis in Burma

December 10, 2020/in Press Releases and Statements

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Justice Newsletter (December 2020)

January 8, 2021/in Justice Newsletters

Summary Overview

This month the National League for Democracy (NLD) formed a committee to hold talks with ethnic political parties in an effort to ‘coordinate and try to achieve common ground.’ However, ethnic parties say they have reason to approach the invitation with caution. The Shan Nationalities League for Democracy Vice chair Sai Nyunt Lwin said the letter required no response, telling Frontier Myanmar, “The letter just says the NLD hopes to work with ethnic parties. It offered no invitation for anything.” The newly formed committee is planning to start talks with ethnic parties quickly. However, while the invitation suggests promise for an improved working relationship, expectations of ethnic parties are wary given the NLD’s past working relationship. Trust must be a foundation in the starting ground.

Those who fled conflict in Rakhine started to head home as the Burma Army and Arakan Army (AA) engaged in indirect talks following a three week lull in fighting since the 2020 general election. The internal conflict between the two groups has killed over 300 civilians and displaced nearly 230 000. Burma’s president, Win Myint called for cooperation among all stakeholders in Rakhine on the 46th Rakhine State Day. The two sides are currently observing an unofficial ceasefire. However, there has been backlash suggesting the military should involve the government in pursuing peace with other armed groups. “It would have been preferable if the military had included relevant government organisations or the peace commission,” said NLD spokesperson, Monywa Aung Shin.

The Burma Army and AA met in person for talks in the Wa capital of Pangsang. Focal points of discussion according to the AA’s spokesperson were making the by-election possible, the peace process and ensuring a ceasefire between both sides. Ethnic armed organisations who have not signed the Nationwide Ceasefire Agreement met with the government and Burma Army to discuss plans to resume peace negotiations, which have been delayed due to COVID-19.

Meanwhile, Rakhine civil society organizations are calling for the ‘swift implementation of the request made by the President U Win Myint for holding the elections in Arakan State.’ Over 1 million citizens lost their rights to vote in the 2020 general election. There have been claims that the mass voter disenfranchisement was intentional as the NLD claims that legal obstacles stand in the way of holding elections. Rakhine women who were elected into office are being encouraged to focus on IDPs and women’s issues in upcoming legislative sessions. The course of intense civil war has been felt by thousands of innocent civilians. Nearly 20 000 are still living in IDP camps and displacement sites, according to the Rakhine Ethnics Congress and over 60% of IDPS are women who are in need of health services and accommodation.

Rakhine

Calls for Release of Civilians Ignored by Burma Army | 11 December 2020

After filing a missing person’s report of civilians kidnapped by the Burma Army, family members were turned away in their second attempt calling for their release and accountability. The military has denied holding the group of 18 who went missing between 13 and 16 March 2020. The Myanmar National Human Rights Commission (MNHRC) said that it will not investigate the case of the missing villagers. The request was declined because according to MNHRC, the military’s denials of the alleged detainment are true. A lawmaker from Kyauktaw township says the decision by the MNHRC has left civilians at a ‘dead-end’.

Two Years of Conflict Taking Toll on Children in Rakhine | 16 December 2020

Civil society organisations have condemned violence against children in conflict torn Rakhine where fighting has had serious impacts on young people – including psychological trauma, physical injury and death from crossfire and landmines. Between January and September, 56 children were severely injured, and 13 children died from explosions of landmines and unexploded ordnance (UXO) in Myanmar, according to UNICEF.

Civilian Casualties Taking Place Lawlessly, says CSO | 24 December 2020

In a new report, Generation Wave says twenty-one people were killed ‘lawlessly’ from 16 June to 15 September. The report also noted 124 people who have been unlawfully detained over the 90-day period, including 23 members from various student unions who protested against state-sponsored human rights violations and conflict. Eight are human rights activists, two politicians, and one journalist.

Landmine Victims Demand Government Assistance | 24 December 2020

Those who have had their lives altered as a result of landmine injuries are calling on the Burmese government to provide assistance in helping to rebuild their futures. According to the Rakhine Ethnics Congress, explosions from landmines and other devices have killed at least 33 people and injured 73 in two years.

Myanmar Army, Arakan Army Working to Prevent Clashes in Rakhine | 30 December 2020

Talks with the Arakan Army and the Burma Army are continuing with the two sides agreeing to an ‘unofficial ceasefire’ that expires early January. The Burma Army has said they are not sending in reinforcements and hope IDPs can return home safely. The future of civilian security is dependent on their negotiations.

Chin

Chin Youth Detained by the Arakan Army Release | 16 December 2020

Following numerous calls by the family of a Chin youth detained by the Arakan Army for over 4 months, Salai Aung Soe was released after 138 days in their custody. The Khumi Affairs Coordination Committee says since 2015, the Arakan Army has detained 105 civilians. There are still 22 being held. Affiliate member, the Chin Human Rights Organization, continues to call for the release of all Chin people detained.

Chin IDPs In Need of Support

Internally Displaced Persons (IDPs) in Chin State who have been displaced by clashes between the Arakan Army and the Burma Army are facing severe food shortages. Relief groups estimate there are 4,300 IDPs from over 40 villages and 600 are staying in two camps in the town of Ann.

Shan

Woman Raped in COVID-19 Quarantine | 2 December 2020

A young woman was raped in a COVID-19 quarantine centre in Southern Shan State in the women’s dormitory where she was assaulted at knifepoint. The incident called on the authorities to seriously consider the safety of women in quarantine.

Villagers Forcibly Displaced by Fighting Between Armed Groups | 10 December 2020

Villagers in northern Shan experienced heavy fighting, which forced them to flee as clashes between the Restoration Council of Shan State (RCSS) and members of the Northern Alliance escalated. Sounds of gunfire saw many forcibly displaced as a result of the growing hostilities.

Over 7000 Displaced in Northern Shan Since beginning of 2020 | 14 December 2020

According to UNOCHA, around 300 civilians were forced to flee due to recent armed clashes in Namtu Township. Some have returned, while others are taking refuge in monasteries and host communities. There are 7,300 people who have been temporarily displaced in northern Shan since the start of 2020.

Military Tensions Escalate in Namtu and Kyaukme in northern Shan State between the TNLA and RCSS (Ta’ang Students and Youths Union)

More fighting between the Ta’ang National Liberation Army (TNLA) and Restoration Council of Shan State (RCSS) occurred in Hsipaw Township on December 30. The fighting between the RCSS and the TNLA broke out ten times in December 2020. During one such outbreak on December 29, one civilian was killed and another one was injured in an artillery strike. Over 2,000 residents were forced from their homes to take shelter in urban Kyaukme and Namtu Townships in northern Shan State.

Missing Teacher Not Allowed to See Family Members (Ta’ang Students and Youths Union)

Daw Than Than Myo, a schoolteacher in Manna Village, Mogok Township, Mandalay Region, was arrested by the military on December 28, 2020 and has not been allowed to see her family members. Mai Wunna, interim secretary of Ta’ang Literature and Culture in Mogok Township, said the military has not said anything about the arrest of the teacher. The family still has had no contact with a teacher who was detained by the military.

Karen State

Renewed Clashes in Karen State Lead to Increased Military Presence | 31 December 2020

The Burma Army has increased their presence in Karen areas, resulting in a series of armed clashes that has forced over 3000 villagers to flee their homes. The ‘backsliding’ on the peace process by the government is hurting civilians, said the Karen Youth Network. As a result of decades of fighting particularly in Karen State, over 100 000 have sought refuge in camps along the Thai-Burma border.

Freedom of Expression

Burma Army Admits to Detaining Military Medic for Criticising Dictators | 8 December 2020

A second year student at the Defense Services Medical Academy is being charged under the Defence Services Act for making critical comments about the military on Facebook. His family has had no contact with him since late August 2020.

Voter Arrested for Claiming Pressure from Military in Vote Choice | 9 December 2020

The 25 year old daughter of an army officer, Thinzar Than Min said she faced pressure and threats if her family did not vote for the military backed Union Solidarity and Development Party in Burma’s 2020 general elections, and was subsequently charged to nine months of hard labor for violating article 505(a) of the penal code for causing members of the military “to mutiny or otherwise disregard or fail” in their duties. The ruling was met with outcry from groups like Human Rights Watch who cited laws used to ‘prosecute and silence critics of the Myanmar authorities’ including Section 66(d) of the Telecommunications Law. ND-Burma member, the Assistance Association or Political Prisoners (AAPP) said they added Thinzar Than Min to their list of political prisoners because ‘she was exercising her right to free speech to expose the military’s wrongdoing.’

Rights Groups Call for Reforms to Defamation Laws | December 11 2020

Over 50 civil society organizations in Burma called for the reform of six defamation laws used by the government and the military to suppress freedom of expression. The statement was also endorsed by news media, lawyers and judges.

Activists Urge Reform to Defamation Laws | 14 December 2020

Freedom of speech and protected spaces are shrinking at an alarming rate. Research by civil society organization, Athan, found 539 criminal suits had been filed against more than 1,000 individuals for public criticism in the first 4 years of the NLD’s term in office.

Youths Shared for Human Rights Day Activities | 22 December 2020

Three youths who participated in a campaign on Sittwe to mark International Human Rights Day were charged under Section 19(a) of the Peaceful Assembly Law. Over 30 people joined the event and widely condemned the systematic use of violence against civilians. Under the law they have been charged with, they must pay a fine not exceeding 30,000 Myanmar Kyats and/or a fine of up to three months in prison. Despite reforms to the law by the NLD, there has been criticism that these changes still criminalize peaceful expression and protest.

Member Update

On International Human Rights Day, ND-Burma called on the Burmese government to protect all people in the country, and for everyone’s rights to be respected and upheld, so that meaningful steps can be made towards achieving peace.

Ting Oo, of the All Arakan Students’ and Youths Congress addressed the Kaladan transport project, stating the voices of local people in the affected area have not been taken into account, with a focus instead on completion of the project.

The Assistance Association for Political Prisoners reported an increase in the number of political prisoners in Burma by six individuals this past month, beginning next parliamentary term.

The Kachin Women’s Association Thailand moderated a Human Rights Day Panel on accountability in the face of rising authoritarianism, militarism, human rights violations and internal displacement.

Future Light Center released a report called, ‘The life struggle of labourers during the COVID-19 pandemic.’

The Chin Human Rights Foundation released their annual report on ‘The situation of Human Rights in Chin State and Western Burma/Myanmar.’ CHRO also spoke on a panel of religion and beliefs in Burma as part of a pre-session on the UPR at the UN Human Rights Council.

CHRO also reported that the Burma Army extorted money from villagers in Thantlang Township.

On International Human Rights Day, ND-Burma member, the Ta’ang Students and Youths Union (TSYU), distributed posters on the history and principles of Article 30 of the Universal Declaration of Human Rights to youth groups in 13 townships and Ta’ang civil society organizations in Lashio city. TSYU also posted a video interview of youth and relevant organizations regarding human rights abuses being addressed in Shan State on Facebook. Please see more here:

https://www.facebook.com/451214215694715/posts/870100853806047/

https://www.facebook.com/451214215694715/posts/869490953867037/

https://www.facebook.com/451214215694715/posts/874011780081621/

https://www.facebook.com/451214215694715/posts/873298390152960/

https://www.facebook.com/451214215694715/posts/872749110207888/

ND-Burma is a network that consists of 13-member organisations who represent a range of ethnic nationalities, women and former political prisoners. ND-Burma member organisations have been documenting human rights abuses and fighting for justice for victims since 2004. The network consists of nine Full Members and four Affiliate Members as follows:

Full Members:

All Arakan Students’ and Youths’ Congress
2.     Assistance Association for Political Prisoners
3.     Association Human Rights Defenders and Promoters
4.     Future Light Center
5.     Human Rights Foundation of Monland
6.     Kachin Women’s Association – Thailand
7.     Ta’ang Women’s Organization
8.     Ta’ang Students and Youth Union
9.     Tavoyan Women’s Union

Affiliate Members:

Chin Human Rights Organization
2.     East Bago – Former Political Prisoners Network
3.     Pa-O Youth Organization
4.     Progressive Voice

On the 72nd International Human Rights Day, the Network for Human Rights Documentation-Burma Calls for An Immediate End to Widespread Violations and A Response to the Humanitarian Crisis in Burma

December 10, 2020/in Press Releases and Statements

On the 72^nd International Human Rights Day, the Network for Human Rights Documentation-Burma Calls for An Immediate End to Widespread Violations and A Response to the Humanitarian Crisis in Burma

10 December 2020: The Network for Human Rights Documentation-Burma (ND-Burma) is concerned about the escalating human rights situation in Burma. Abuses are widespread and target the most vulnerable; those who are unable to defend themselves against the force of armed military soldiers. Ensuring security for civilians is essential and must be prioritized as the newly re-elected National League for Democracy (NLD) prepares to govern for another five-year term. On this International Human Rights Day, ND-Burma calls on the Burmese government to protect all people in the country, and for everyone’s rights to be respected and upheld, so that meaningful steps can be made towards achieving peace through an inclusive, non-discriminatory approach.

Thousands of innocent civilians have been killed, injured and forcibly displaced over seven decades of internal conflict in Burma. These tragedies have taken place with few cases of reparations and justice for victims and their families. The disappointments of institutions meant to facilitate and advocate for justice, including the Myanmar National Human Rights Commission (MNHRC), have failed them. Article 37 of the MNHRC in particular, which states that the Commission cannot inquire into any complaint that is already involved in court, is just one example of how the broad scope of its mandate limits any influence the MNHRC has in holding offenders accountable. Victims of human rights violations and their families have the right to access justice referral pathways without institutionalized discrimination. This includes the right to know the truth about the abuses they have suffered, including holding the perpetrator responsible. Regardless of the crime, the culprit should not be protected by military courts or government officials.

Despite several ceasefire extensions by the Burma Army to various ethnic armed organizations (EAOs), there is yet to be an inclusive nationwide agreement that includes the Arakan Army (AA). In March this year, the AA was declared a terrorist organization by Burma’s Anti-Terrorism Central Committee. This December marks the two-year anniversary of when fighting escalated between the AA and Burma Army, which prompted an ongoing trajectory of abuses including deaths and injuries from landmine explosions, torture, shelling and artillery fire and sexual violence. Meanwhile, violence by the Burma Army and EAOs continues to systematically target civilians in northern Shan, Chin, Kachin and Karen states. The Tatmadaw and the EAOs full cooperation with the Geneva Convention, which the Burmese government ratified in 1992, is necessary for ensuring standards of international law are applied in the context of war.

As noted in ND-Burma’s most recent human rights situational report released in September 2020, hostilities across the country not only target people living in the areas, but the repercussions faced by journalists, human rights defenders and civil society organizations for reporting on the issues taking place is also of grave concern. A hallmark of any democratic society is one which the rights of the press and to freedom of expression are respected. According to the 2020 World Press Freedom Index, Burma scored 139^th, leading Reporters without Borders to declare, “media freedom is clearly not one of the priorities of the [NLD] government.”

For genuine peace to be a reality for the people of Burma, especially those who have carried the conflict on their shoulders for decades, the NLD must take their victory in the 2020 general election as an opportunity to achieve peace, national reconciliation, protection for civilians and promote human rights by working with key stakeholders, including civil society organizations. There is hope that early efforts shown by the Federal Political Negotiation and Consultative Committee agreeing to engage in negotiations with the NLD are a positive sign of things to come. These talks must ensure civilian safety is at the forefront of guiding prospects of achieving a federal union.

Further, ND-Burma members are gravely concerned about Burma’s future. Without security and transitional justice mechanisms in place, innocent people will continue to be at risk. Further, we call for the Geneva Convention to be followed by the Tatmadaw and EAOs, and for civilian lives and their properties to be protected. Those who fail to do so must be held accountable for their actions in a court of law that takes seriously the failure to uphold these commitments.

Media Contact

U Aung Zaw Oo
Association Human Rights Defenders and Promoters (HRDP)
+95 942 103 9493

Lway Poe Jay
Ta’ang Students and Youth Union (TSYU)
+95 926 416 2229

Full Members:

1.    All Arakan Students’ and Youths’ Congress (AASYC)
2.     Assistance Association for Political Prisoners (AAPP)
3.     Association Human Rights Defenders and Promoters (HRDP)
4.     Future Light Center (FLC)
5.     Human Rights Foundation of Monland (HURFOM)
6.     Kachin Women’s Association – Thailand (KWAT)
7.     Ta’ang Women’s Organization (TWO)
8.     Ta’ang Students and Youth Union (TSYU)
9.     Tavoyan Women’s Union (TWU)

Affiliate Members:

1. Chin Human Rights Organization (CHRO)
2.     East Bago – Former Political Prisoners Network (FPPN-EB)
3.     Pa-O Youth Organization (PYO)
4.     Progressive Voice(PV)

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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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