The forum titled, “Civil Societies’ Review on Myanmar/Burma’s Transition Process: Prospects for 2015 and Beyond”, held on 15 – 17 October 2014 at the Myanmar Christian Fellowship of the Blind Center in Rangoon, brought together over 650 representatives from 257 organizations and networks from across the country and border areas to discuss and strategize a wide range of key issues currently facing Burma in the context of the recent economic and political reforms since 2011. This is the first forum of this scale to assess the reform and the wide range of problems currently facing Burma.
Despite the hailed “transition to democracy,” exalted particularly by the international community, civil society organizations (CSOs) spoke of the decades old challenges that remain unresolved, the stagnation of the reform process, and new emerging issues, in addition to the need for meaningful inclusion of the voices of civil society, democratic opposition forces, ethnic peoples, women and youth in the reform process.
The forum addressed six core issues; (1) law reform, (2) peace and conflict, (3) media, hate speech and communal violence, (4) Parliament, Government and accountability, (5) economic reform and foreign direct investment, and (6) the international community’s role and involvement, which were discussed under six panel discussions and six workshops. The forum produced a statement that gave concrete recommendations from civil society groups to the Burma Government, United Nations, international governments and international non-governmental organizations (lNGOs) [...]
October 21, 2014
Tags: Burma Army, Burma Government, Burma Partnership, Civil Society Organizations, Democracy, Human Rights Violations, Investment, Laws, Media, Myanmar National Human Rights Commission, Paris Principles, Parliament, Peace Process, Peaceful Assembly and Procession Law, Transition, Violence
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A new report by Kachin Women’s Association – Thailand (KWAT), “Silent Offensive: How Burma Army Strategies are Fuelling the Kachin Drug Crisis” outlines the severity of the drug problem in northern Burma as well as the complicity of the government in the trade. The report shows how the government is using opium-growing militia forces in its operations against the Kachin Independence Army (KIA) as part of a deal in which these militias are given free rein to produce and sell heroin and other narcotics.
Thus, as the report points out, it is members of either Burma Army controlled Border Guard Forces (BGF) such as the New Democratic Army – Kachin (NDAK), a splinter group of the Kachin Independence Organization (KIO) that became a BGF in 2009, or People’s Militia Forces (PMF) that are heavily involved in offensives against the KIO. Land that is taken by the Burma Army and its proxy forces is then allocated to BGFs/PMFs to utilize however they like. This is often opium cultivation, heroin production and methamphetamine production. To make matters worse these are areas under which the KIO had previously been involved in anti-drug activities but since BGFs or PMFs have taken over, opium cultivation has increased greatly in areas such as Nampaka in northern Shan State and Chipwi in Kachin State [...]
October 14, 2014
Tags: Border Guard Force, Burma Army, Burma Government, Drugs, Kachin, Kachin Independence Army, Kachin Independence Organization, Kachin Women's Association – Thailand, New Democratic Army – Kachin, Opium, People’s Militia Forces, Shan, Union Solidarity and Development Party, United Nations Office on Drug and Crime
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Burma’s Foreign Minister, Wunna Maung Lwin, gave a glowing report on the progress towards democracy and respect for human rights in Burma at the UN General Assembly (UNGA) yet given the deteriorating human rights situation on the ground, it is difficult not to view his words as a North Korean-esque sting in the tail.
Wunna Maung Lwin specifically requested that Burma be taken off the agenda of the Human Rights Council as well as the Third Committee of the UNGA, citing that “all major concerns related to human rights have been addressed to a larger extent in the new Myanmar.” Yet on closer inspection, this statement is preposterous, with the realities on the ground providing a striking contrast to these words.
Remarking on the peace process, the government is apparently “serious in its commitment” to making this work. The problem is that the government and the Burma Army say and do different things. As the government is making promises to ethnic armed groups, the Burma Army is still launching offensives in Kachin State and northern Shan State. Even with groups that have a ceasefire, the Burma Army continues its aggression, as seen in Kyeithi Township, Shan State over the weekend where it attacked Shan State Army – North positions yet again. Around 300 villagers have been forced to flee in this township alone in recent months due to attacks. This is emblematic of the current state of the peace process, where too much attention has been placed on the signing of a nationwide ceasefire agreement. Yet as recent clashes indicate, a ceasefire simply isn’t enough to rein in the Burma Army, and this state of affairs remains volatile, as the recent briefing paper produced by Burma Partnership explains [...]
October 7, 2014
Tags: Arakan/Rakhine, Assistance Association for Political Prisoners - Burma, Burma Army, Burma Government, Burma Partnership, EU, Foreign Minister Wunna Maung Lwin, Human Rights Violations, IDPs, Muslims, Rohingyas, Shan State, UN General Assembly, United Nations Human Rights Council, US
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A report authored by Burma Partnership and Equality Myanmar was launched on 25 September 2014 in Rangoon revealing the continuing ineffectiveness of the Myanmar National Human Rights Commission (MNHRC) as well as the lack of independence from the government. The report was launched on the same day that a reshuffle of the members of MNHRC was announced by the government, which came as a complete surprise to civil society organizations due to the lack of consultation.
Released at the Myanmar Journalists Network in Rangoon, Burma: All the President’s Men, contributed to the annual Asian NGO Network on National Human Rights Institutions (ANNI) Report on the Performance and Establishment of National Human Rights Institutions in Asia (2014). The report analyzes the Myanmar National Human Rights Commission Law 2014 enacted in March this year (enabling law) that institutionalizes the mandate of the MNHRC. The report finds that the law does not guarantee independence from the government and in particular, the president’s office. In contravention of international standards on national human rights institutions, namely the Paris Principles, the selection process does not adequately consult with civil society. As the report points out, “It is up to the selection board to come up with procedures for short-listing candidates, yet the enabling law itself should set out the process/procedure for selection, with consultations with civil society.” The members of the MNHRC are actually chosen by a selection board of ten, five of which are from the government or are government-affiliated. The enabling law states that two members of this board are to come from civil society organizations and a further two are to be MP, yet there is no transparency regarding the procedures under which the two MPs are chosen. Additionally, the chosen civil society members to the selection board are restricted to registered civil society only, thus excluding many outspoken and critical political and human rights groups who feel they cannot register under the current climate [...]
September 30, 2014
Tags: Asian NGO Network on National Human Rights Institutions, Burma Partnership, Equality Myanmar, Forum-Asia, Human Rights, Journalists, Kachin, Members of Parliament, Myanmar National Human Rights Commission, Paris Principles, President Thein Sein, Rakhine, Rohingyas, Sexual Violence
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On 13 September 2014, police arrested female human rights defender (HRD) Phyu Hnin Htwe at her house in Patheingyi Township, Mandalay Region, and sent her to Monywa Prison, Sagaing Region, where she is currently being detained. Phyu Hnin Htwe is a second-year Burmese student at Mandalay’s Yadanabon University, and is also an activist and member of the All Burma Federation of Student Unions (ABFSU). She has helped farmers who have been forcibly evicted to make way for the infamous Chinese-backed Letpadaung copper mine in Sagaing Region, going to the Letpadaung area at weekends and supporting displaced farmers.
Her arrest ostensibly relates to a murky incident that took place on 18 May of this year. Two Chinese workers – employees of Wanbao company, the main company involved in the joint venture – were seized from the Letpadaung area, taken to a monastery in Hsete Village, and held there for about 30 hours. The incident followed efforts by Wanbao employees to restart measuring plots of land for which compensation had not even been provided, in spite of villagers’ protests, thereby provoking their anger.
As a result, Phyu Hnin Htwe and six villagers were charged with kidnapping and abduction under Articles 364 and 368 of the Penal Code, which prescribe sentences of up to ten years’ imprisonment. While the case against five of the villagers was quickly dropped, charges still remain against Phyu Hnin Htwe and local villager Win Kyaw, neither of whom attended court in May [...]
September 23, 2014
Tags: All Burma Federation of Student Unions, Arrest, Burma Government, China, Human Rights, Human Rights Defenders, International Covenant on Civil and Political Rights, International Day of Peace, Letpadaung Copper Mine, National Education Bill, Peaceful Assembly, Phyu Hnin Htwe, Protest, Universal Declaration of Human Rights, Women's League of Burma, Women’s Organizations Network (Myanmar)
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Japan’s lofty development plans for eastern Burma were very publicly rejected by the Karen Peace Support Network (KPSN) at a press conference in Rangoon, citing lack of consultation with communities and the potential for such plans to fuel conflict. Based on a blueprint for extensive development projects produced by the Japanese International Cooperation Agency (JICA), the overseas development arm of the Japanese government, 28 Karen civil society organizations that form the KPSN, released a report to outline their concerns and recommendations. JICA’s blueprint, in which its main goal is to support the return of refugees and internally displaced persons (IDPs), contains four main components; economic corridors, free trade zones and industrial estates, industrial clusters, and urban development. The Japanese government has been working closely with both the Union level and State level Burmese Government in the development of this plan.
For Karen civil society, however, there are many concerns, as outlined in the report released on 9 September. Although the blueprint aims to “promote peace through development,” JICA has not conducted a conflict analysis on what is an extremely complicated and fragile context. In fact the plans could serve to exacerbate conflict by facilitating land confiscation, one of the loci of tension in the ceasefire process. Also, improving transport and road access to areas traditionally held by ethnic armed groups such as the Karen National Union (KNU), allows easy access for Burma Army soldiers to the heart of Karen areas. We must not forget the abusive nature of the Burma Army that has been terrorizing civilians for decades and continues to do so, despite a ceasefire in place. Will exposing more communities, who are already vulnerable to abuses, to the unreformed Burma Army really aid peace [...]
September 16, 2014
Tags: Burma Army, Burma Government, Burma Partnership, Dams, Development Project, Environment, IDPs, Japan, Japan International Cooperation Agency, Karen National Union, Karen Peace Support Network, Refugees, Trade
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After its organizational conference held on a Thailand-Burma border area, disagreements between the United Nationalities Federal Council (UNFC) and the Karen National Union (KNU) has led to the KNU suspending its’ membership of the UNFC, a setback for the peace process. While this strikes a blow into the government engineered narrative that the peace process is making substantial progress, it is particularly worrying for the ethnic communities that have been suffering from this conflict for decades.
Ostensibly, disagreements over organizational structure have caused this rift, although there are also disagreements within the KNU leadership itself over its position in the UNFC, leading to fears of a split within what has traditionally been the most prominent ethnic armed group. Previous Burma regimes have used divide and rule tactics to weaken armed resistance and to sabotage ethnic unity and it is imperative that this does not happen now. As ethnic leaders squabble over leadership structures, surely much to the delight of the leaders of the Burma Army, it is the most vulnerable populations who feel the pressures, while the government manages to convince elements of the international community that a peace settlement is just around the corner. It is crucial that whatever reason for the KNU’s withdrawal from the UNFC, they must put the ethnic communities at the forefront of their decision making [...]
September 9, 2014
Tags: Burma Army, Burma Partnership, Government of Myanmar, Karen, Karen National Union, Karen women's Organization, Myanmar Peace Center, Refugees, Thai Army, United Nationalities Federal Council
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On Thursday 28 August, lawyer Robert San Aung submitted to Magwe regional court the final appeal against the harsh verdicts brought against the five Unity Weekly journalists on10 July. They were sentenced to ten years’ imprisonment with hard labor following the publication of a report in January of this year that gave details of an alleged chemical weapons facility in central Burma. They were charged for trespass and for “disclosing state secrets” in violation of the 1923 Official Secrets Act (OSA). Robert San Aung submitted the appeal on the grounds that the four reporters are innocent and should therefore be released from prison, and that the sentence of the journal’s executive be reduced by half. The Magwe regional court is expected to issue a decision within a month.
While the offense under Section 3(1)(a) of the OSA is a strict liability offense – meaning that the prosecution only has to prove that the defendants were in the vicinity of the prohibited place for them to be found guilty – in order for the other convictions to stand, the burden is on the prosecution to show that the secrets alleged to have been leaked were intended to or were likely to have breached state security or assisted an enemy. The journalists must be shown to have leaked detailed and useful information, to have done more than just report that the facility was a weapons factory. It is not clear that the prosecution ever satisfied this requirement.
Even so, if the appeal submission fails to convince the court either that the journalists are not guilty of any substantive offenses, or that there are specific and legitimate defenses under the OSA that can be relied upon, then at the very least the appeal should be successful on grounds of mitigation regarding the alleged offenses, meaning that the sentences should at a minimum be drastically reduced [...]
September 2, 2014
Tags: Arrest, Burma Partnership, Freedom of Expression, Imprisonment, International Covenant on Civil and Political Rights, Journalists, Media Freedom, Universal Declaration of Human Rights
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As talks over the signing of a nationwide ceasefire agreement (NCA) are delayed once again, thus pushing substantive dialogue further into the future, Burma’s decades long civil war rages on in Kachin and Shan States.
Talks over the signing of the NCA have now gone on for nearly 18 months and the situation on the ground has still not changed. The Burma Army continues to attack ethnic armed groups in areas where ceasefires have been signed, such as those of the Shan State Army South and Shan State Army North, as well as continuing offensives against the Kachin Independence Army and the Ta’ang National Liberation Front (TNLA) where there is no ceasefire. On Monday 18 August, a civilian in Namkan Township, Shan State was shot dead and another hospitalized after a clash between the TNLA and Burma Army. Human rights violations such as sexual violence, arbitrary arrest, torture and extrajudicial killing continue in these active conflict areas, while in areas where individual ceasefires are holding, the Burma Army is entrenching its power both militarily and economically through land confiscation and reinforcement of its positions.
The aim in this pursuit of the NCA is questionable as it distracts from the real issues at hand that prevent the ethnic people of Burma from enjoying genuine peace. Let us not forget that the Burma government has already signed ceasefire agreements with most ethnic armed groups. But has this stopped the attacks and human rights violations inflicted on local communities by armed forces? This question cannot be answered in the affirmative. Just ask the villagers who live in Murng Hsu, Shan State, whose homes came under artillery attack, and were forced to act as guides for the Burma Army in June of this year in a supposed ceasefire area. If all groups sign on to the NCA, the biggest question is how can they trust that the Burma Army will actually cease its attacks. There is scant evidence of this from current and previous ceasefires [...]
August 26, 2014
Tags: 2008 Constitution, 88 Generation Peace and Open Society, Burma Army, Burma Partnership, Ceasefire Agreement, Government of Myanmar, Human Rights Violations, Kachin Independence Army, National League for Democracy, Nationwide Ceasefire Agreement, Peace Talks, Shan State Army-North, Shan State Army-South, Ta'ang National Liberation Front
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Over recent weeks, there has been a spate of unprovoked attacks by the Burma Police Force on peaceful, innocent civilians. On 14 August, nearly 50 police personnel in Mandalay Region shot at a group of around 200 farmers from Nyaung Wine Village, Singu Township. According to the Asian Human Rights Commission (AHRC), a 30-year-old mother of two, Ma San Kyin Nu, is allegedly one of the victims, and has been admitted to Mandalay General Hospital for urgent medical treatment as a result of her injuries. The farmers were protesting against the fact that over 6,000 acres of their land was confiscated in 1991 by the 121 Logistic Battalion of the Burma Army – without any compensation being provided – by continuing to plough their fields.
After the police violence, the protesting farmers prevented police from making any arrests; however, later, another 100 police arrived and blockaded the entire village. Local residents then took matters into their own hands and briefly detained about 40 police officers, angered at the brutal approach of the police to the land conflict. Although the policemen were eventually released after negotiations, the dangers and risks of uncontrolled police violence and impunity are evident: blood has been shed and anarchy has prevailed. Even if police allegations that the protestors were armed with slingshots is true, under no circumstances is the use of live ammunition by police or other state security forces on civilian protestors proportionate or justified.
Furthermore, on 14 May, All Burma Federation of Students Union (ABFSU) member Kaung Htet Kyaw was beaten by police during a suppression of a farmers’ protest in Thegon Township in Pegu Region. Kaung Htet Kyaw sustained severe head injuries. ABFSU responded by releasing a statement denouncing police mistreatment [..]
August 19, 2014
Tags: All Burma Federation of Students Union, Asian Human Rights Commission, Attack, Burma Army, Burma Partnership, Burma Police Force, European Union, Human Rights Violations, Network for Human Rights Documentation – Burma, Protest
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