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January Justice newsletter: Civilians killed and thousands displaced in Shan and Kachin; mass graves confirmed in Rakhine; protesters killed; landmine victims on the rise…

February 8, 2018/in Justice Newsletters

Seeking Justice in Burma January 2018 Conflict ramps up in northern Shan and Kachin states: civilians killed and thousands displaced An escalation of armed conflict in northern Shan and Kachin states has resulted in a surge in IDPs, with the UN estimating 107,000 people are displaced in the area. In northern Shan State hundreds of […]

MCCAIN, CARDIN BILL ON BURMA ACCOUNTABILITY PASSES SENATE FOREIGN RELATIONS COMMITTEE

February 8, 2018/in News

Feb 07 2018 Washington, D.C. – The Senate Foreign Relations Committee today passed legislation authored by U.S. Senators John McCain (R-AZ), Chairman of the Senate Armed Services Committee, and Ben Cardin (D-MD), a senior member of the Senate Foreign Relations Committee, to impose targeted sanctions and travel restrictions on senior Burmese military officials responsible for human rights atrocities […]

January Justice newsletter: Civilians killed and thousands displaced in Shan and Kachin; mass graves confirmed in Rakhine; protesters killed; landmine victims on the rise…

February 8, 2018/in Justice Newsletters

MCCAIN, CARDIN BILL ON BURMA ACCOUNTABILITY PASSES SENATE FOREIGN RELATIONS COMMITTEE

February 8, 2018/in News

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January Justice newsletter: Civilians killed and thousands displaced in Shan and Kachin; mass graves confirmed in Rakhine; protesters killed; landmine victims on the rise…

February 8, 2018/in Justice Newsletters

Seeking Justice in Burma

January 2018

Conflict ramps up in northern Shan and Kachin states: civilians killed and thousands displaced

An escalation of armed conflict in northern Shan and Kachin states has resulted in a surge in IDPs, with the UN estimating 107,000 people are displaced in the area. In northern Shan State hundreds of civilians have fled fighting between the Tatmadaw and and the TNLA. In an area that saw armed conflict in 2016, five people were injured by a landmine.

In Kachin State, the Tatmadaw has ramped up attacks against the Kachin Independence Army (KIA) in three different townships. In Danai, over 2,000 civilians are trapped in the area and in need of food and medical aid. 10 civilians have reportedly been shot to death and others ordered to risk their lives clearing landmines. The KIA claims the military is trying to get control of the Danai mining area before the next Panglong peace conference as it is key to the armed group’s finances. The UN said it was concerned about the safety of civilians in the area.

In Karen State, government security forces have teamed up with the Karen National Union to fight the Democratic Karen Buddhist Army in battles that have last for over a month. Both the KNU and DKBA are signatories to the Nationwide Ceasefire Agreement.

The Shan State Progress Party/Shan State Army-North, also an NCA signatory, released a statement saying that the Tatmadaw had launched over 500 offensives against it within the last five years.

The New Mon State Party and Lahu Democratic Union will sign the NCA at the next Panglong session; some other armed groups have suggested this comes following government pressure.

Tatmadaw acknowledges troops responsible for mass grave in Rakhine;

Associated Press confirms five more mass graves;

Former U.S. Ambassador resigns from “whitewash” Rakhine advisory panel

The Tatmadaw admitted its soldiers had killed 10 Muslim men found in a mass grave in Rakhine. The Tatmadaw says those killed were “Bengali terrorists” and that soldiers will be dealt with for breaking the “rules of engagement.” The admission came the same day the two Reuters journalists, who had reportedly been investigating the mass grave, were formally charged under the Official Secrets Act.

An investigation by the Associated Press, based on interview with refugees in Bangladesh, was able to confirm the existence and location of 5 more mass graves. In harrowing reports, survivors told how soldiers “came to the slaughter armed not only with rifles, knives, rocket launchers and grenades, but also with shovels to dig pits and acid to burn away faces and hands so that the bodies could not be identified.” Burma continues to deny access to UN investigators and has only provided limited access to journalists, who have been taken on tightly controlled government visits.

Former U.S. Ambassador Bill Richardson resigned from the Rakhine advisory panel, saying it had become “a cheerleading squad for the government”. Richardson also said Daw Aung San Suu Kyi was “furious” when he tried to raise the issue of the jailed Reuters reporters. The full letter can be found here.

The two Reuters journalists were denied bail and may still see 14 years in jail for violating the Official Secrets Act.

Shan and Karen armed groups unhappy with peace process;

Civil society submits two recommendation papers to Panglong

The Shan national dialogue to prepare for the upcoming Panglong peace conference has been cancelled by NCA-signatory the Restoration Council of Shan State due to “ various persecutions by the Tatmadaw, making it impossible for the people to freely and democratically express their will and fully discuss their opinions.”

NCA-signatory the Karen National Liberation Army has said it will not attend the next session of Panglong as it believes the peace process has gotten nowhere under the 2008 Constitution.

The civil society peace forum met and agreed on two papers to be submitted to the next session of Panglong. One is on federalism and the other on resettlement and rehabilitation.

The Natural Resource Governance Institute published a report stressing the need for resource management to be part of the Panglong discussions.

Tatmadaw kills seven protesters in Rakhine

Tatmadaw soldiers shot and killed 7 demonstrators in Rakhine after an event marking the end of the Arakan kingdom turned violent. 12 people were injured, with some escaping hospital while receiving treatment for fear of being arrested by authorities. The government has said it will form an inquiry into the killings.

International Commission of Jurists publishes study detailing how Burma can achieve justice for gross human rights violations

The International Commission of Jurists published a detailed study examining how impunity is coded into Burma’s laws and institutions, saying “decades of denial of justice for victims of gross human rights violations in Myanmar, and impunity for the perpetrators, particularly when involving the military, have severely eroded the rule of law.”

Child soldier on trial for speaking about his experience to boycott future court proceedings

A child soldier on trial for speaking about his experience as a child soldier recruited by the Tatmadaw has said he will boycott future trial proceedings, declaring he does not trust the judge to deliver a fair verdict.

Study finds number of landmine victims rose by 58% between 2015 and 2016

The Mine Risk Working Group found that the number of landmine victims in Burma rose by 58% between 2015 and 2016. Most casualties were in Kachin, Kayah and Northern Shan states.

Artist and former political prisoner dies from liver cancer contracted while in jail

Artist San Zaw Htway died from the liver cancer he contracted as a result of the harsh prison conditions he endured during his 13 years of incarceration. Here a video of the artist at work.

Fourteen students expelled from university for staging protest

Fourteen students were expelled from Yadanabon University in Mandalay after staging a protest demanding more education funding.

Freedom of expression backslides in Burma

A majority of stakeholders at a digital rights forum held in Rangoon said they believed that there had been a backsliding on freedom of expression in the country and that online privacy had deteriorated.

30 MPs under investigation for corruption

30 MPs, including some regional ministers, are under investigation following complaints of corruption and mismanagement. Burma currently ranks 136th in a global ranking of corruption.

MCCAIN, CARDIN BILL ON BURMA ACCOUNTABILITY PASSES SENATE FOREIGN RELATIONS COMMITTEE

February 8, 2018/in News

Feb 07 2018

Washington, D.C. – The Senate Foreign Relations Committee today passed legislation authored by U.S. Senators John McCain (R-AZ), Chairman of the Senate Armed Services Committee, and Ben Cardin (D-MD), a senior member of the Senate Foreign Relations Committee, to impose targeted sanctions and travel restrictions on senior Burmese military officials responsible for human rights atrocities against the Rohingya people.

The Burma Human Rights and Freedom Act would prohibit certain military cooperation with the Burmese military until the Departments of State and Defense can certify that officials have halted the violence. The bill would also support economic and security sector reform, and encourage Burma’s successful transition of power to a civilian government.

“The scale of human rights abuses against the Rohingya people and other minority communities in Burma has been staggering,” said Senator McCain, Chairman of the Senate Armed Services Committee. “The United States has a moral obligation to do all it can to prevent mass atrocities and ethnic cleansing—and to make clear to those responsible that their actions will not be tolerated. Our legislation’s passage out of the Senate Foreign Relations Committee is a step in the right direction to protect Burma’s fledgling democracy and hold accountable the senior military officials responsible for the slaughter and displacement of more than 680,000 innocent Rohingya men, women and children. It makes clear that the United States will not stand for continued atrocities and will support all Burmese peoples in their struggle for freedom and democracy.”

“Today’s passage marks a significant step in the right direction to recalibrate U.S. policy and engagement with Burma in light of the genocide and crimes against humanity that have taken place over the past several months against the Rohingya, as well as the broader challenges of a stalled political transition and genuine national reconciliation,” said Senator Cardin, a senior member of the Senate Foreign Relations Committee. “This legislation is not meant to hurt the people of Burma or its economy, but instead hold specific senior military officials accountable. That is why the legislation also requires a U.S. strategy for promoting inclusive economic growth as a vital element of a strategy to help Burma complete its political transition and finally free itself of military control.”

Senators Dick Durbin (D-IL), Todd Young (R-IN), Ed Markey (D-MA), Marco Rubio, (R-FL), Jeff Merkley (D-OR), Dianne Feinstein (D-CA), Brian Schatz (D-HI), Tim Kaine (D-VA), Chris Van Hollen (D-MD), Tammy Baldwin (D-WI), Cory Booker (D-NJ), and Jeanne Shaheen (D-NH), Chris Coons (D-DE), Susan Collins (R-ME), and Bob Casey (D-PA) also cosponsored the legislation.

Over 680,000 Rohingyas have been displaced to Bangladesh and thousands more have been killed due to a systematic campaign of executions, rape, disenfranchisement, expulsions and mass burning of villages by the Burmese military. This legislation will make it easier for the administration to impose sanctions on the Burmese military leaders who are implicated in some of the worst atrocities facing the international community in a generation. It will authorize humanitarian and reconciliation assistance to help address the crisis in the short and long-term, and, critically, requires a strategy on accountability measures for the ethnic cleansing and genocide that has, incontrovertibly, been committed. This legislation would enhance the administration’s capacity to impose narrowly tailored and targeted sanctions and travel restrictions on specific military and security personnel implicated in the violence, perpetrators like the generals who exercised command and control over the ethnic cleansing campaign; and ground commanders in Rakhine State when the atrocities occurred.

“Ultimately, it is up to the people of Burma to decide what the fate of their country and democracy will be. But the United States Congress should not be complicit spectators to ethnic cleansing and gross human rights violations. For too long we have said ‘never again,’ but failed to act with resolve when confronted by mass atrocities. Congress has historically played an important role in promoting human rights and democracy in Burma – and it is time for us to step up again and provide leadership to support a successful transition to democracy,” McCain and Cardin jointly added.

The administration doesn’t have to wait for this law to pass. It has already used existing authorities to impose restrictions on one key officer implicated in the abuse and should take this cue from Congress to target other leaders now. The world has come to realize that the Burmese government – and in particular its military – are in a state of outright obstruction with respect to international calls to address the crimes committed in Rakhine State and will not take steps to address the past atrocities unless real world consequences make it impossible for them not to.

“The Committee’s action today demonstrates to the world, and in particular to the Burmese military, that the U.S. will not ignore these atrocities. We encourage our colleagues in the Senate to help us enact this important measure into law,” the Senators concluded.

S. 2060, the Burma Human Rights and Freedom Act:

States the U.S. policy of calibrated engagement, which supports a peaceful, prosperous, and democratic Burma that respects human rights of all of its people regardless of ethnicity and religion
Authorizes humanitarian and reconciliation assistance for the Rohingya, including refugees in Burma, Bangladesh, and the region
Instructs Treasury to only vote for international financial assistance projects that do not partner with the Burmese military owned enterprise
Sense of Congress calling on the Burmese government to ensure the right of returnees and to fully implement all of the recommendations of the Kofi Annan Commission
Codifies existing U.S. – Burma military to military cooperation restrictions unless certain certifications are met
Re-imposes the U.S. jade ban
Requires a report on which individuals should be placed on visa bans and on the SDN list for senior Burmese military officials. Mandates Treasury to sanction those individuals.
Requires a report on promoting inclusive and responsible economic growth and development in Burma

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Permalink: https://www.mccain.senate.gov/public/index.cfm/2018/2/mccain-cardin-bill-on-burma-accountability-passes-senate-foreign-relations-committee

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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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Feb 07 2018

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