Report
Crimes against humanity in eastern Myanmar
5 June 2008 ... In the past nine months, Myanmar has witnessed three pivotal moments in the country's turbulent recent history: the brutal crackdown following mass demonstrations in September 2007; a constitutional referendum in which both the substantive content and procedural aspects have been deeply flawed; and a humanitarian and human rights disaster in the wake of Cyclone Nargis.
At the same time, another human rights emergency is going on in eastern Myanmar. For two and a half years, a military offensive by the Myanmar army, known as the tatmadaw, has been waged against ethnic Karen civilians in Kayin (Karen) State and Bago (Pegu) Division, involving a widespread and systematic violation of international human rights and humanitarian law. These violations constitute crimes against humanity.
Human Rights in Myanmar: Overview
The September 2007 Crackdown:
In September 2007 the world was made vividly aware of the repressive and authoritarian nature of the Myanmar military government. Mass peaceful demonstrations, with estimated numbers ranging from 10,000 to 100,000, were led by Buddhist monks and nuns, calling for democratic and economic reform. Several thousand people were arrested and more than 100 believed to have been killed.
Arrests:
Since September 2007 the human rights situation has deteriorated further. Before the crackdown there were approximately 1,150 political prisoners in Myanmar. Now there are more than 2,100 – nearly doubled in a single year. 700-900 arrests occurred during and in the aftermath of the August-September 2007 peaceful protests. Some 300 were arrested in the first eight months of 2008 alone. Among them were at least 21 community aid workers who sought to help survivors of the May 2008 Cyclone Nargis, including the popular comedian Zarganar, sentenced to 35 years’ imprisonment.
Amnesty International welcomes the release in September 2008 of U Win Tin, jailed for 19 years, together with 9 other prisoners of conscience. However, one of the freed individuals, Win Htein, was re-arrested within 24 hours of his release. Win Htein’s case shows that there is no policy change by the Myanmar government to release political prisoners.
Daw Aung San Suu Kyi, General Secretary of the National League for Democracy (NLD) and 1991 Nobel Peace Laureate, has been held for nearly 14 of the last 20 years under house arrest. In March 2009 the UN Working Group on Arbitrary Detention noted her continuing detention was in violation of both international law and Myanmar domestic law. On 26 May the Myanmar authorities ended her detention order, due to expire the next day.
Earlier in May, however, Aung San Suu Kyi, together with her two female companions, Khin Khin Win and Win Ma Ma, were arrested and tried in a special court inside Insein Prison. Suu Kyi was charged with breaking her detention order after an American national allegedly swam across the lake in front of her house and stayed two days. The trial was closed to the public for all but a few days. Then, some 30-50 foreign diplomats were allowed to attend. Her family doctor, Dr Tin Myo Win, was also detained but later released. Daw Aung San Suu Kyi, who turned 64 on 19 June 2009, was found guilty and sentenced to 3 years’ imprisonment with hard labour, which was reduced to 18 months’ house arrest.
UN Secretary-General Ban Ki-moon and many world leaders have called for Aung San Suu Kyi’s immediate and unconditional release. The UN Security Council on 13 August expressed “serious concern at the conviction and sentencimg of Daw Aung San Suu Kyi” and repeated its call for the release of all political prisoners. Ban Ki-moon had met with Senior General Than Shwe in early July and called for the release of all political prisoners, including Aung San Suu Kyi. He called also for national reconciliation dialogue between the government and opposition and for the 2010 election to be “objective, transparent and democratic.”
Longstanding Human rights concerns:
Amnesty International reports grave, widespread and systematic repression. Freedom of expression , of assembly and association are totally lacking, and anyone considered critical of the authorities is liable to arrest and at high risk of torture and other forms of ill-treatment. The judicial system needs radical reform - see Amnesty International’s two reports, Myanmar: The administration of justice – grave and abiding concerns (ASA 16/001/2004) and Myanmar: Travesties of Justice – continued misuse of the legal system (ASA 16/029/2005). Laws have been used to criminalize legitimate issent. The peaceful exercise of people’s human rights is persistently denied. Prison conditions and the treatment of prisoners fail to meet international standards and deaths in custody have been reported. The International Labour Organization (ILO) continues to receive reports of forced labour, including infrastructure work, portering for the military and the recruitment of child soldiers. The International Committee of the Red Cross has been denied access to prisons since December 2005. Ethnic nationalities, such as the Chin, Rohingya, Shan, Mon, Karen and Karenni, continue to suffer discrimination and repression.
Crimes against humanity:
Since November 2005 the army (tatmadaw) has waged an offensive against ethnic Karen civilians in Kayin State and Bago Division in eastern Myanmar. Unlike previous counter-insurgency offensives, the current one targets primarily civilians. They have been subjected to unlawful killings, torture and other forms of ill-treatment, enforced disappearances, arbitrary arrests, forced labour and portering for the military, the destruction of villages and homes, destruction of crops and food stocks, and other forms of collective punishment. These violations are directed at civilians simply because of their Karen ethnicity or location in Karen majority areas or as retribution for activities by armed opposition groups. Amnesty International has condemned such violations as constituting crimes against humanity.
Constitution and Referendum process:
Amnesty International considers the new constitution, approved by referendum in May 2008, to be deeply flawed because it fails to respect and protect human rights and because it is the product of a flawed drafting process that lasted 16 years. The process excluded many important political groups, such as the National League for Democracy (NLD), and was conducted with legislation criminalizing criticism of the constitution in place. (Criticism of the draft constitution was punishable up to 20 years; criticism of the referendum process was punishable up to 3 years.) Amnesty International is particularly concerned that, rather than attempting to introduce the rule of law and respect for human rights in Myanmar, the constitutional process sought to perpetuate and legitimize the government’s continuing human rights abuses and ensure impunity for past, present and future violations. For example:
- There is nothing in the constitution that provides for freedom from torture and other ill-treatment;
- Crucial fair trial safeguards are missing;
- The army is granted broad powers to suspend all “fundamental rights” “if necessary” during an emergency;
- The military makes up a mandatory 25% of members of both houses of the national parliament and one-third of state and regional assemblies;
- The President is not answerable to any court or parliament in exercising his duties;
- No legal action may be taken against those “who officially carried out their duties according to their responsibilities” during the period of the military governments.
Because of these and other elements in the new constitution, Amnesty International is calling for the constitution to be reformed or replaced, through a transparent, intimidation-free, and truly inclusive process, with a draft constitution that fully protects international human rights. Elections under the new constitution will take place in 2010.
Updated August 2009