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Myanmar/Burma: Council adopts conclusions

October 16, 2017/in News

The Council adopted the following conclusions on Myanmar/Burma: “1. The humanitarian and human rights situation in Rakhine State is extremely serious. There are deeply worrying reports of continuing arson and violence against people and serious human rights violations, including indiscriminate firing of weapons, the presence of landmines and sexual and gender based violence. This is […]

September Burma justice news: Rakhine, former child soldier faces jail, land rights, ten year anniversary of Saffron Revolution, and more.

October 10, 2017/in Justice Newsletters

Seeking Justice in Burma September 2017 Crisis in Rakhine Since the beginning of the latest military „clearance‟ operations in northern Rakhine State, news from Burma has been dominated by allegations of grave human rights violations against the local Muslim community by the Burmese military. The UN human rights chief has called the operations a “textbook […]

Myanmar/Burma: Council adopts conclusions

October 16, 2017/in News

September Burma justice news: Rakhine, former child soldier faces jail, land rights, ten year anniversary of Saffron Revolution, and more.

October 10, 2017/in Justice Newsletters

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Myanmar/Burma: Council adopts conclusions

October 16, 2017/in News

The Council adopted the following conclusions on Myanmar/Burma:

“1. The humanitarian and human rights situation in Rakhine State is extremely serious. There are deeply worrying reports of continuing arson and violence against people and serious human rights violations, including indiscriminate firing of weapons, the presence of landmines and sexual and gender based violence. This is not acceptable and must end immediately. More than 500 000 people, mostly Rohingya, have fled their homes and sought refuge in Bangladesh, as a result of violence and fear. When so many people are displaced so quickly this strongly indicates a deliberate action to expel a minority. Therefore it is of utmost importance that refugees can return in safety and dignity. Access for humanitarian assistance and the media is severely restricted in Rakhine State. Needs can therefore not be fully assessed nor addressed.

2. The EU has called on all sides to bring an immediate end to all violence. It urges the Myanmar/Burma military to end its operations and to ensure the protection of all civilians without discrimination and to fully observe international human rights law. The EU also reiterates its call on the Myanmar/Burma government to take all measures to defuse tensions between communities; grant full, safe and unconditional humanitarian access without delay, including for UN, ICRC, and international NGOs; and establish a credible and practical process to enable the safe, voluntary, dignified, and sustainable return of all those who fled their homes to their places of origin. The EU has stepped up its humanitarian assistance for Rohingya refugees in Bangladesh and stands ready to extend its activities in Rakhine State in favour of all people in need once access is granted.

3. The EU and its Member States reconfirm their strong engagement underlined in its Strategy on Myanmar (June 2016) to support the country’s democratic transition, peace, national reconciliation and socio-economic development. In this context, the EU stands ready to support the government of Myanmar/Burma in order to ensure the swift and full implementation of the recommendations of the Advisory Commission on Rakhine State, including the crucial issue of citizenship for the stateless Rohingya population. The EU welcomes that the government has set-up an Inter-Ministerial Committee for the implementation of these recommendations.

4. The EU welcomes the State Counsellor’s commitment to bringing all the perpetrators of human rights violations and other criminal acts to justice, in accordance with the rule of law to avoid all impunity, and her statement on 19 September that Myanmar/Burma does not fear international scrutiny. Credible allegations of serious human rights violations and abuses, including brutal attacks on children, must be thoroughly investigated. In this context the EU urges Myanmar/Burma to cooperate fully with the Human Rights Council’s independent international Fact-Finding Mission and to allow it full, safe and unhindered access to the country without delay. The EU welcomes that the UN Human Rights Council recently extended the mandate of the Fact-Finding Mission.

5. Furthermore, the EU encourages Myanmar/Burma to enter into a dialogue with its neighbouring countries, in particular Bangladesh, on finding solutions to common concerns, notably the repatriation of refugees to their place of origin, in the spirit of good neighbourly relations. The EU appreciates the constructive role played by Bangladesh under difficult circumstances.

6. In the light of the disproportionate use of force carried out by the security forces, the EU and its Member States will suspend invitations to the Commander-in-chief of the Myanmar/Burma armed forces and other senior military officers and review all practical defence cooperation. The EU confirms the relevance of the current EU restrictive measures which consist of an embargo on arms and on equipment that can be used for internal repression. The Council may consider additional measures if the situation does not improve but also stands ready to respond accordingly to positive developments.

7. The humanitarian situation of populations affected by conflict in Kachin and Shan States, including 100.000 internally displaced people, is also of great concern. Humanitarian assistance has also been severely curtailed there and the EU calls on the government of Myanmar/Burma to restore humanitarian access to all communities affected in these areas.

8. The EU will continue to address these vital issues and all challenges linked to the process of democratic transition in the framework of its continuing engagement with the government of Myanmar/Burma and in all relevant international fora, notably the UN. The EU also intends to seize the opportunity of the forthcoming ASEM Foreign Ministerial Meeting (Nay Pyi Taw, 20/21 November 2017) to engage, in the margins thereof, in a constructive dialogue with the government and will also continue to liaise with all Asian partners in this regard. The EU also encourages its partners in ASEAN and the region to engage in this process.”

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September Burma justice news: Rakhine, former child soldier faces jail, land rights, ten year anniversary of Saffron Revolution, and more.

October 10, 2017/in Justice Newsletters

Seeking Justice in Burma

September 2017

Crisis in Rakhine

Since the beginning of the latest military „clearance‟ operations in northern Rakhine State, news from Burma has been dominated by allegations of grave human rights violations against the local Muslim community by the Burmese military.

The UN human rights chief has called the operations a “textbook example of ethnic cleansing” and Human Rights Watch believes the military’s actions amount to “crimes against humanity”.

The Rohingya insurgent group ARSA has also allegedly murdered civilians.

Since ND-Burma began documenting human rights abuses in 2004, we have recorded some 6,000 violations such as the ones reportedly being carried out in northern Rakhine. ND-Burma condemns in the strongest terms any human rights abuses being carried out by government security forces and insurgents.

As long as the government blocks access to international investigators and the media it will be impossible to verify these allegations. ND-Burma therefore urges the government to allow access to the UN fact finding mission as well as the media. The recent government sponsored visit of foreign diplomats and UN officials is a positive start.

Those that have committed human rights abuses must be held accountable. As the current crisis has shown, as long as there is impunity for abuses, they will continue. Indeed, former UN Special Rapporteur on Myanmar Tomas Quintana explicitly linked the current crisis with Burma‟s decision not to pursue transitional justice as part of its democratisation process.

Military withdraws case against journalists;

Former child soldier faces jail for radio interview

The beginning of the month saw some good news with the military withdrawing criminal complaints against six journalists under Section 17(1) of the Unlawful Association Act. The journalists had been arrested along with two others in June after attending a drug burning organised by the Ta‟ang National Liberation Army. The case was roundly condemned as an attempt to punish journalists for “simply doing their job”.

A former child soldier who spoke about his experience on the radio has not been so lucky and remains in custody under section 505(b) of the Penal Code, which has him accused of “intent to cause … fear or alarm to the public”. His sister has said she believes that with the military as the complainant in the case, “only one outcome is possible”.

NLD vows to deliver constitutional reform as monks reiterate calls for change

The NLD has reaffirmed its commitment to changing the country‟s 2008 Constitution at an event celebrating its 29th anniversary. The statement came a few days after monks reiterated calls for constitutional change at an event to mark the anniversary of the Saffron revolution

Confiscated land returned to farmers in Magway;

FIDH report warns of potential “land conflict epidemic”

More good news on land returns as 2,600 acres of land confiscated by the government in 2000 was given back to some 300 farmers in Magway region.

Less good news in a report published by FIDH, which examined human rights violations committed at the Mandalay Myotha industrial Park. The report found that authorities tasked with calculating how much land had been seized from locals frequently under-calculated by some 75-90% and demanded bribes to measure the land accurately. The report warned of a “land conflict epidemic” if land rights legislation was not amended.

ND-Burma legal advisor calls for justice for democracy fighters on ten year anniversary of Saffron Revolution

In an article for Oxford University’s Tea Circle blog to mark the ten year anniversary of the Saffron Revolution, ND-Burma‟s legal advisor Aileen Thomson called on the Burmese government to deliver social justice to those who have fought for democracy:

“Thousands of people throughout Myanmar made incredible sacrifices to move the country towards democracy. […] For that, they have suffered imprisonment, exile, stigmatization, unemployment and have been left otherwise unable to fully participate in their society and enjoy the gains of their struggle. Now that the leaders of that movement have power, now that the country is, in fact, moving slowly towards democracy, those who helped make that happen should be able to enjoy the benefits as well.”

Family of Japanese journalist murdered in 2007 continue to demand answers

The family of a Japanese journalist shot by the military during the 2007 Saffron Revolution are continuing to demand the Burmese government open an investigation into his death. In a letter sent to Daw Aung San Suu Kyi on the ten year anniversary of Kenji Nagai‟s death, his sister asked for government acknowledgement that he was killed by soldiers, as well as the return of the camera he was holding when he was shot. The military continues to deny he was shot at point blank range, despite the existence of a Pulitzer prize winning photo showing a soldier pointing a rifle directly at him as he lies dying on the floor.

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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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