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Seeking Justice in Burma (February 2019)

March 7, 2019/in Justice Newsletters

Seeking Justice in Burma February 2019 Union Parliament votes in favour of committee to draft amendments to the 2008 Constitution; Continued human rights violations in Rakhine State by Burma Army; Civic space for freedom of expression and freedom of assembly continues to shrink. The Union Parliament voted in favour of forming a committee to draft […]

Govt must take responsibility for past abuses, says UN rights envoy

March 6, 2019/in News

By FRONTIER YANGON — The government must recognise and take responsibility for past human rights abuses, because a failure to do so would lead to more denial and avoidance and encourage further “systematic” violations, a senior United Nations official has warned. The UN special rapporteur on human rights in Myanmar, Ms Yanghee Lee, issues the warning in […]

Seeking Justice in Burma (February 2019)

March 7, 2019/in Justice Newsletters

Govt must take responsibility for past abuses, says UN rights envoy

March 6, 2019/in News

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Seeking Justice in Burma (February 2019)

March 7, 2019/in Justice Newsletters

Seeking Justice in Burma

February 2019

Union Parliament votes in favour of committee to draft amendments to the 2008 Constitution; Continued human rights violations in Rakhine State by Burma Army; Civic space for freedom of expression and freedom of assembly continues to shrink.

The Union Parliament voted in favour of forming a committee to draft amendments to the military-drafted 2008 Constitution, which guarantees the military 25% of the seats. The 2008 Constitution is often cited as an impediment to the true transition to democracy in Burma. While some such as the UN Special Rapporteur on Human Rights in Myanmar Yanghee Lee welcomed the announcement, other political figures in Burma such as former president U Thein Sein and Senior General Min Aung Hlaing offered their commentary warning against such reforms.

Two years after NLD lawyer U Ko Ni was shot and killed, gunman Kyi Lin and two others involved in his murder were sentenced in a Yangon court. However, former Lieutenant-Colonel Aung Win Khaing, believed to have orchestrated the assassination, is still at large. It is suspected that U Ko Ni’s murder was in response to his critical stance against the military-drafted 2008 constitution.

Police in Kyauktaw Township, northern Rakhine State, arrested 24 displaced villagers and their two local hosts under the Unlawful Associations Act. However, authorities have declined to confirm the reasons for why they were arrested.

Burma Army soldiers fired indiscriminately into Myin Hpu village in northern Rakhine State after a landmine exploded nearby the village. The barrage of gunfire lasted for one hour, leaving an 18-year-old girl dead and a four-year-old injured, among others.

The International Conference on Protection and Accountability in Burma was held at Columbia University, bringing speakers such as UN Special Rapporteur on Human Rights in Myanmar Yanghee Lee to discuss the Rohingya crisis and the need for accountability for human rights violations against all ethnic communities in Burma.

Civic space for freedom of expression and freedom of assembly continued to shrink in Burma. Human Rights Watch released a report expressing concern over the large number of individuals charged over peaceful protests and the establishment of laws limiting free expression, calling on governments to press Burma to protect such rights.

Police violently cracked down on Karenni youths after a series of protests against a statue of General Aung San in Loikaw, Karenni State, and the arrests of demonstrators who had been charged with unlawful assembly.

Two journalists from the Myitkyina News Journal were detained, harassed, and physically assaulted by employees of the Tha Khin Sit Mining Company, after the two had previously published an article about the company’s plans to create an illegal banana plantation. The two journalists are currently suing six employees at the company, and the Committee to Protect Journalists recently condemned the incident and called on the government of Burma to investigate the case and hold those responsible accountable for their actions.

More than 500 refugees from Mae Lae refugee camp in Thailand were expected to return to Burma by the end of February according to the UNHCR. This is the third such group of refugees returning under the voluntary repatriation process.

ND-Burma is a 12-member organisation whose members represent a range of ethnic nationalities, women’s groups, and former political prisoners. We have been documenting human rights abuses and fighting for justice for victims since 2004.

Membership of ND-Burma includes the following organizations:

Affiliate Members:

All Arakan Students’ and Youths’ Congress
Chin Human Rights Organization
Pa- O Youth Organization
Association Human Rights Defenders and Promoters
East Bago- Former Political Prisoners Network
Progressive Voice

Partner Organizations:

International Center for Transitional Justice (ICTJ)
Asia Justice and Rights (AJAR)
REDRESS
Genuine People’s Servants
Open Myanmar Initiative
The 88 Generation Peace and Open Society
Future Light Center
Lahu Women’s Organization
Wimutii Volunteer Group

Govt must take responsibility for past abuses, says UN rights envoy

March 6, 2019/in News

By FRONTIER

YANGON — The government must recognise and take responsibility for past human rights abuses, because a failure to do so would lead to more denial and avoidance and encourage further “systematic” violations, a senior United Nations official has warned.

The UN special rapporteur on human rights in Myanmar, Ms Yanghee Lee, issues the warning in a report due to be presented to the UN Human Rights Council on March 11.

Lee addresses the issue in a section of the wide-ranging March 5 report that focuses on accountability, which she says “necessarily involves criminal justice”.

“The people of Myanmar must not be forced to wait decades for justice as a result of the combined inability and unwillingness of their Government and the inaction of the international community to bring it about,” she says.

“It is imperative that the international community’s focus remains on justice and accountability for victims in Myanmar,” says Lee, who calls on the UN to make an evidence-gathering body established by the Human Rights Council last September operational as soon as possible.

The body, known as an Independent Mechanism, was established after a damning report on human rights abuses in Myanmar was released last September by a UN fact-finding mission that investigated violations in Kachin, Shan and Rakhine states.

The fact-finding mission called for Tatmadaw Commander-in-Chief Senior General Min Aung Hlaing and other senior officers to be investigated and prosecuted for genocide, crimes against humanity and war crimes.

Describing the Independent Mechanism as an interim measure, Lee said the situation “must be referred to the International Criminal Court for full investigation and prosecution of those responsible forthwith”.

If there was no referral to the ICC, Lee suggested establishing an international tribunal to independently and impartially adjudicate on the international crimes committed in Myanmar since 2011.

She reiterated concern over the government-appointed Independent Commission of Enquiry formed in May last year to investigate human rights violations in Rakhine, saying she doubted whether it was capable of achieving accountability.

On another issue involving the Tatmadaw, Lee expressed extreme concern that three officers had received training for UN peacekeeping duties.

On the Rohingya crisis, Lee said conditions did not exist for the safe, voluntary and sustainable return of refugees from Bangladesh under a repatriation agreement signed with Myanmar in December 2017.

She also expressed concern about proposals to establish “safe zones” for returnees in northern Rakhine, saying they could result in repatriated people being more vulnerable, further constrain their freedom of movement and segregate them from other communities.

As well as accountability, the 28-page report also addresses issues such as armed conflict and the peace process, refugees and displaced persons, land rights, transparency and military commercial interests and resource extraction and infrastructure development.

Lee, who was appointed to the UN role in 2014 but was banned from further visits to Myanmar by the National League for Democracy government in late 2017, expressed alarm in the report about the use of hate speech by senior government officials.

She condemned a comment last December by the Minister of Religious Affairs and Culture, U Aung Ko, about “Bengalis”, the term used by the government to describe the Rohingya to imply that they are illegal immigrants from Bangladesh.

“Such incendiary comments by a senior official are entirely antithetical to the Government’s stated aim of reconciliation and desire to address the problems of hate speech and incitement to violence,” said the special rapporteur, who also drew attention to “discriminatory and incendiary material” in primary school textbooks, as reported by Frontier in January.

She cited a fourth grade lesson that says, “we loathe those of mixed blood, for they prohibit the progression of a race”.

Lee said teaching children these ideas promotes racial superiority and communal disharmony and she urged their immediate removal from the curriculum.

The report was critical of the number of people in jail or detained for political activities, which Lee said was “totally unacceptable” in a democratic society.

“As of 28 February, this includes 33 people serving sentences and 311 people awaiting trial in relation to exercising their rights, of whom 86 people are detained while awaiting trial. This is worrying as it represents a significant increase from the same time last year, when 184 people were under trial,” said Lee, who called for a halt to politically motivated charges.

Lee ends her report by calling on the international community to keep the situation in Myanmar at the top of its agenda.

“It is only through the international community’s actions that justice can be brought about in Myanmar,” she says.

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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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