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Magyi Khon Nang Wants Justice

October 18, 2017/in News

By NAN LWIN HNIN PWINT 18 October 2017 An ethnic Kachin woman in faded clothes, carrying a small baby, entered the compound of the Myanmar Army Light Infantry Battalion (LIB) 319 in Kachin State’s Mansi Township. She came to attend a military court hearing and to seek justice for her late husband who was killed before she […]

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 […]

Magyi Khon Nang Wants Justice

October 18, 2017/in News

Myanmar/Burma: Council adopts conclusions

October 16, 2017/in News

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Magyi Khon Nang Wants Justice

October 18, 2017/in News

By NAN LWIN HNIN PWINT 18 October 2017

An ethnic Kachin woman in faded clothes, carrying a small baby, entered the compound of the Myanmar Army Light Infantry Battalion (LIB) 319 in Kachin State’s Mansi Township.

She came to attend a military court hearing and to seek justice for her late husband who was killed before she gave birth to their last child, who is now three months old.

In 2014, Magyi Khon Nang fled clashes between the Tatmadaw and Kachin Independence Army (KIA) along with her husband Labya Naw Hkum from their village Kaung Kha in Mansi Township, to a camp for displaced persons in Mai Hkaung Village.

On May 25 this year, Labya Naw Hkum left home to work as a day laborer as usual. But he never came back. He was one of three displaced civilians arrested, killed and buried in the jungle by a column of LIB 319 soldiers on their way home.

Six soldiers are thought to be responsible for the killings. Magyi Khon Nang was at LIB 319, at the company’s invitation, to attend the trial at a military court for the case.

“I want justice. To recompense for my loss and sorrow, I wish [the soldiers responsible] to be handed life imprisonment,” said Magyi Khon Nang as she went red in the face.

Soothing the whimpering baby in her hands the mother of three said: “I was eight months pregnant when her father died. I had difficulties to go to the hospital and had to give birth at my home,” she said.

“That day, [my husband] said he would do some casual jobs. I remember that he was wearing a shirt with a ‘peace’ logo given by the camp, and carrying a bag made from a rice bag given by the World Food Program (WFP). He told the children that he would find money and come back home in the evening,” she recounted.

“My three kids don’t have anyone to call ‘Dad’ as their Dad is dead now,” she said, wiping away the tears.

Labya Naw Hkum, 27, together with friends Nhkum Gam Aung, 31 and Maram Brang Seng, 22 went to work as day laborers to carry logs at Hkapra Yang, some five miles from the camp in Mai Hkaung Village.

On their way back home, they were killed and buried in the jungle, some four miles from Mai Hkaung Village by a column of LIB 319 soldiers on patrol.

Laphai Nan Ban, mother of Maran Brang Seng, said: “He got the job to carry logs. Sometimes he got 5,000 kyats a day, and sometimes 10,000 kyats. He gave the money to us, which we used on food and healthcare.”

WFP has been providing foods to displaced persons’ camps in Kachin State for years, but since the end of 2016, it has reduced food rations.

In Mai Hkaung Camp where Laphai Nan Ban and Magyi Khon Nang are sheltering, a person only gets some 10 kilograms of rice, oil and 2,500 kyats (less than US$2) for a whole month, which has forced the men to do casual jobs to cover household expenses.

Maram Roi Ja, wife of Nhkum Gam Aung, said: “He was the only breadwinner in my family. Now I am the one left to support our family. I am very depressed. I can’t do anything.”

Both Maran Brang Seng and Nhkum Gam Aung are survived by their two-year-old children.

“Witnesses told us that a military column arrested and killed our husbands. Then we looked for their bodies together with community elders. We found them on May 28,” said Wahgyi Seng Mai, wife of Maram Brang Seng.

“My son’s body was carried on a truck to the cemetery in the evening [after it was uncovered]. I was so sad and I didn’t care about the rotten smell or the feeling of nausea. Others were covering their noses with their hands and tried to move away, but I didn’t want to,” said Maran Brang Seng’s mother Laphai Nan Ban.

“I wanted to go near him and hug him but they did not allow me to go near him. I could see him clearly. His face was decomposing and some parts of it were torn apart.”

Laphai Nan Ban, mother of Maran Brang Seng. (The Irrawaddy)

Her son was the only breadwinner in her five-member family, and she had no idea what to do to survive, she said.

Camp organizers and community elders then sent the bodies to Mansi Hospital and filed a complaint with Mansi Township police station along with autopsy results.

According to autopsy results, the three had sustained gunshots, knife wounds, skull fractures, and bursting eyes.

On May 30, the Office of the Commander-in-Chief released a statement that an investigation would be carried out into their deaths. The LIB also made an internal investigation.

Six soldiers, including a battalion commander and three captains, have been charged with the murder.

Three captains, a lance corporal and a private are charged with several provisions of the military act equivalent to the charges of murder, aiding and abetting, and ordering murder in the Penal Code.

The commander is charged with murder and making a false report.

The military court heard testimony from camp organizers of Mai Hkaung, the village administrator of Mai Hkaung village and police of Mansi Township before hearing from the soldiers.

LIB 319 on Sept. 15 invited the families of victims, Kachin civil society organizations and reporters to attend the court hearing. The Irrawaddy attended on Sept. 18.

Three colonels were acting as judges at the military court, and the accused soldiers took oath that they would testify the truth.

According to their testimony, they met and arrested La Nan who was carrying illicit drugs and around 4 million kyats with him before they encountered three civilians who they also arrested.

One of the captains later released La Nan for fear that seeing a drug pusher together with their column would give rise to misunderstanding. The private was ordered to guard the three arrested civilians. One of them died due to unintentional discharge, according to the testimony.

La Nan informed the victims’ families about their arrest after he was released, otherwise their bodies could not have been retrieved, said Laphai Nan Ban.

“Because of La Nan, we came to know that my son was killed by soldiers. Otherwise, there won’t be any evidence and we’d not have known where they were buried,” she said.

La Nan did not appear at the court for testimony, however, since no one knows where he lives.

Captains testified that they informed the death of a civilian to the commander by phone, and the commander implied killing all three of them because the area is supposed to be a prohibited area for civilians.

“It is no man’s land, no man’s land area. Kill all three. If you are clever enough, you can even shift the blame,” the commander was quoted as saying by the captains.

The commander instructed them to bury the bodies carefully in order to avoid people discovering them, testified the captains. And the commander also falsely reported to the senior officers that the three were accidentally shot as they attempted to grab the guns.

Family members of Maran Brang Seng. (The Irrawaddy)

The military court heard the case in one day from 9 a.m. to 5 p.m. except for lunch and short breaks. During the lunch break, some soldiers were babysitting the baby girl of Magyi Khon Nang.

A military officer of LIB 319 told The Irrawaddy: “They [soldiers] have got their salaries cut since the trial begun.”
This was the first time officials of Kachin Baptist Convention (KBC), which is helping displaced persons in Kachin State, local Kachin civil society organizations (CSOs) and media were allowed to attend a military trial over the deaths of Kachin civilians since renewed clashes broke out in Kachin State over six years ago.

Victims’ families and Kachin CSOs, however, doubt if fitting penalties will be imposed on the perpetrators.

“So far we’re satisfied with the court hearing. But we’ll have to wait and see what the final verdict will be,” said La Ja of KBC.

Officials of LIB 319 have reported the testimonies to the upper level, and are waiting for the verdict.

“If soldiers are sentenced to less than one year in prison, they will be kept in a cell at the military camp. If they are sentenced to more than one year, they will be sent to a civilian prison, in this case Bhamo Prison,” said a military officer.

Service personnel—either the rank and file or officers—automatically become civilians if they are jailed more than one year, he said.

The widows of the three slain civilians said they feel like their life is now hopeless, having to assume the responsibility to raise their children alone.

“If they are to be punished, they deserve it because they killed our husbands. But, for me and my children, we’ve lost our whole life. We can get nothing back,” said Magyi Khon Nang.

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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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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