Wednesday, May 2, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Rights Groups Question Tatmadaw Chief’s Denial of Sexual Violence

Posted: 02 May 2018 07:59 AM PDT

CHIANG MAI, Thailand – Human rights advocates have raised objections to the Myanmar military chief's assertion that his troops do not use sexual violence against civilians and that the Tatmadaw was taking "harsh and stronger actions against … offenders" who violate this policy.

Tatmadaw commander-in-chief Senior-General Min Aung Hlaing made the comments on Monday to a special envoy of the United Nations Security Council who was making a two-day visit to the country. The UNSC envoy's inquiries were focused in part on allegations of sexual violence against Rohingya women during the Tatmadaw's recent military operations against Muslim militants. The militants' attack on security forces triggered anti-terrorism operations in Rakhine State's Maungdaw and Buthitaung townships in October 2016 and August 2017.

"Sexual violence [is] considered a despicable act according to the tradition, culture and religion of the country and actions [are] being taken against any offenders," the state-run English-language newspaper Global New Light of Myanmar quoted Sen-Gen Min Aung Hlaing as saying on Tuesday.

Punishments have only been handed down in those rights violation cases that have received widespread attention, such as the case involving Mong Raw villagers in Shan State and the Inn Din case in Rakhine State, advocates say.

No action has been taken against soldiers accused of committing sexual violence in ethnic minority areas, despite the cases having been publicized for a long time, they say.

The human rights advocates voiced strong criticisms of the Army chief's comments, saying they had witnessed such sexual violence in the past, especially in areas involving ethnic conflict.

U Aung Myo Min, a human rights educator and the director of Equality Myanmar, said such a comment is "totally unacceptable."

There has been much evidence and documentation of human rights violations and sexual violence against women, especially in minority ethnic areas in Kachin, Shan, Karen, Karenni and Mon states, dating back to 1988, he said.

"Sexual violence by the armed forces is more common in conflict areas, partly because no action is taken and the offenders become more audacious due to this impunity," U Aung Myo Min said.

Numerous reports documenting abuses have been issued by ethnic women's organizations and ethnic human rights foundations, including the License to Rape report in 2002 by the Shan Women Actions Network and Shan Human Rights Foundation.

Kachin, Karen and Mon women told The Irrawaddy that human rights violations and the use of sexual violence as a weapon are common in conflict areas. Hundreds of cases have been documented in reports by numerous women's organizations, they said.

"Women are being targeted for sexual assault, which has been used as a weapon in conflict areas, including in Kachin State," said Moon Nay Li, a spokesperson for the Kachin Women's Association Thailand (KWAT).

Both KWAT and the Women League of Burma have documented evidence of abuses. Moon Nay Li said that even in the period from 1994 to 2011 when a ceasefire was in effect between the Kachin Independence Army (KIA) and the Tatmadaw, Kachin women, including high school-age girls, were subjected to gang rapes. The practice has not stopped, and continues whenever the Tatmadaw troops enter their villages, she said. There have been more troop deployments in the areas since the ceasefire between the government and the KIA broke down in June 2011.

Even when cases are reported, there is no action taken and offenders enjoy impunity, the Kachin rights advocate added. "We want everyone outside of the conflict zones to know that security for women and young girls will be in a worrisome state so long as there is neither responsibility nor accountability in these cases," Moon Nay Li said.

Prominent cases include the abduction and alleged rape of Kachin woman Sumlut Roi Ja in October 2011 by the Tatmadaw's Light Infantry Battalion 321 near the town of Loi Jel in Kachin State; and Tatmadaw soldiers' alleged rape and murder in January 2015 of two Kachin schoolteachers from Kawng Kha village in Kut Kai Township, northern Shan State.

Justice has yet to be served in either of these cases. The Tatmadaw has stuck to its denials and victims' families who filed complaints have even been subjected to further legal persecution, said U Aung Myo Min, the Equality Myanmar director.

"This is not only about sexual abuse. It is about covering up violations of human rights. When this happens, it discourages victims from speaking up and allows the perpetrators to commit more crimes," he said.

Tatmadaw leaders have denied such cases since the period when the country was ruled by military juntas, and continue to do so, U Aung Myo Min added. "Thus Myanmar has a notorious human rights record."

The rights educator added that military leaders should accept the reality and avoid making further denials. Instead, those who violate basic human rights must be subject to legal action so that Myanmar's image will improve, U Aung Myo Min said.

"Leaders should consider both punishing individuals who do wrong and changing the system if the system makes matters worse," he said.

"The [Tatmadaw] always denies any allegations, not only of sexual violence being used as a weapon," echoed Naw K'nyaw Paw, the general secretary of the Karen Women Organization. The KWO documented rapes against Karen women by Tatmadaw soldiers during the regimes of the State Law and Order Restoration Council and the State Peace and Development Council in a 2004 report, Shattering Silence.

However, Naw K'nyaw Paw said, to this day, "We have not found any justice at all, even in cases where sexual violence happened in mixed-control areas under the [Myanmar] Army. When women are raped, they dare not report it because of the fear of repercussions. No, there is no justice at all."

She told The Irrawaddy on Wednesday, "I am sure in Rakhine, in western [Myanmar], sexual violence against Rohingya women is happening, as it happened to other ethnic groups in Kachin, Karen and Shan."

Cases of rape and sexual violence seem to have declined in southern Myanmar, especially in Karen and Mon states, partly due to the ceasefires there, which started in 2012, and partly because the local communities are better trained in how to protect themselves from abuse.

Referring to the latest standoff and military deployment in Papun district of Karen State, Naw K'nyaw Paw added, "Our Karen communities do not dare face the [Myanmar] Army for many reasons. They are afraid of being killed; women are afraid of being tortured and raped, so they run away ahead of time [before the Tatmadaw columns arrive in their areas], and they do not dare return to the area."

In Mon State, victims of the Myanmar military's sexual violence against girls have not been able to seek justice in public courts, according to Mi Htaw Chan, coordinator of the Women and Child Rights Project led by the Human Rights Foundation of Mon Land.

"The victims' families are too afraid to confront the perpetrators as they are Tatmadaw soldiers, so they tend not to speak out," said Mi Htaw Chan, referring to cases dating to 2013-14.

The family of a 13-year-old girl who was raped by personnel from the Tatmadaw's Infantry Battalion 31 in Ye Township in December 2013 settled the case after the Tatmadaw paid them compensation of 500,000 kyats.  Later the family moved to the Thailand border, fearing further abuse at the hands of the soldiers, she said.

Another girl of the same age was raped by a soldier from Tatmadaw Battalion 315 in Than Phyu Zayet Township, Mon State in late 2013. The family did not receive justice; they were simply informed by the Tatmadaw that the offender was being punished by a military court, Mi Htaw Chan said.

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Journalists Say Press Freedom Declining in Myanmar

Posted: 02 May 2018 06:17 AM PDT

YANGON — Recent survey results show that local journalists think media freedom is declining in Myanmar, and increasingly believe the government and military pose the main threat to an independent press.

Free Expression Myanmar, an advocacy group campaigning for freedom of expression and legal reform, surveyed 200 working journalists across the country between December 2017 and April 2018.

A report summarizing the findings of the survey states that journalists' initial optimism that the National League for Democracy (NLD)-led government would take significant steps to increase media freedom has been replaced by the belief that not only have there been no reforms, but overall media freedom has actually deteriorated.

"Journalists are frustrated by the government's failure to implement its election manifesto commitments to increase media freedom," reads the report, which was launched on Wednesday, one day ahead of World Press Freedom Day 2018.

The NLD manifesto released in 2015 clearly states: "The news media is the eyes and ears of the people. We will ensure that the media has the right to stand independently in accordance with self-regulation of matters relating to ethics and dignity, and the right to gather and disseminate news."

Yet, since the administration took office in March 2016, a number of local media outlets have been taken to court by the country's most powerful institutions, including the military.

Various laws have continued to be used as weapons of press oppression, according to the report. These include not only online defamation charges, but also colonial-era legislation such as the Official Secrets Act and the Unlawful Associations Act.

At least 11 journalists were arrested last year under various repressive laws for gathering information or traveling to conflict areas to conduct their work, and for criticizing officials.

U Han Zaw, secretary of the PEN Myanmar Center, said at an event to launch the report on Wednesday that fear of being sued was growing among journalists and editors, adding that this had led to self-censorship.

"This is a significant factor in the decline of media freedom," he said.

Some 49 percent of the surveyed journalists believed they had less freedom of expression compared to a year ago, while 41 percent believed they had the same freedom. Only 11 percent thought that they had more freedom.

The report states that the journalists believe the government and the military are the greatest threats to media freedom in Myanmar, given their continued used of old oppressive laws, which they have no real plans to amend, and adoption of new restrictions.

It also states that the courts and their regressive interpretation of Myanmar's laws pose a significant threat to media freedom.

"Journalists are concerned about the courts' unwillingness to listen to expert testimony, to refer cases to the Myanmar Press Council, or to interpret laws in favor of Myanmar's new democratic aims," the report states.

Yin Yadanar Thein, co-founder and program manager of Free Expression Myanmar, told The Irrawaddy that the survey's aim is to advocate for legal reforms. She said that the survey serves as evidence of the declining state of Myanmar's press freedom based on journalists' perceptions. This provides a more solid basis for advocating legal reform than simply the opinions of civil society organizations, Yin Yadanar Thein said.

"There are a lot of repressive laws including in the Penal Code. The government is neglecting to abolish those. Even if they consider that abolishment is impossible, they could make amendments in favor of freedom of expression," she said.

The report makes five recommendations to the government and the military: to conduct open and inclusive consultations with journalists on legal reform, which includes both changing laws and changing the behaviors of government officials; to end the state media monopoly including military-owned media; to immediately remove all barriers to the media's access to conflict areas; to ensure that no government official acting in an official capacity brings any criminal complaint against a journalist until legal reforms are implemented; and to ensure that all allegations of violence against journalists are investigated transparently.

The reports will be sent to the Ministry of Information, the Myanmar Press Council and the Myanmar National Human Rights Commission.

Reporters Without Borders' 2018 press freedom index ranked Myanmar 137th out of 180 assessed countries. This was a drop of six places from the previous ranking.

India, Thailand, Cambodia, Malaysia and China placed at No. 138, 140, 142, 145 and 176, respectively.

The annual report published last week reflects growing animosity towards journalists around the world.

The post Journalists Say Press Freedom Declining in Myanmar appeared first on The Irrawaddy.

160 Legal Officers Disciplined in 2017, Supreme Court Says

Posted: 02 May 2018 05:54 AM PDT

NAYPYITAW — The Supreme Court took disciplinary action against 160 legal officers last year in response to complaints, according to the body’s latest annual report, released Wednesday in Naypyitaw.

Among the high-level officials disciplined were a director-general, two deputy directors-general, the heads of two regional law departments, two deputy directors and six district judges, according to the report. Disciplined low-level staff included clerks and assistants.

Punitive measures included salary reductions, suspended promotions, demotions, and the temporary suspension of duty. Three people were sacked: a township judge, a deputy township judge, and a staff officer.

"We took action against 88 officials and 72 staff," U Zaw Zaw Tun, assistant director of the International Research and Relations Department of the Supreme Court of the Union, told reporters.

Lawyer U Kyi Myint said the court should do more to publicize such news.

"The public doesn’t know about it. They should announce it in newspapers so that legal staff do not dare to misuse their power. They should announce it in real time rather than releasing annual or biannual reports," he said.

But U Kyi Myint said the Supreme Court’s efforts to reform the country’s legal system continued to be hampered by low pay and legal staff who protect one another.

"The report should specify the names of the judges alongside the type of punishment they were given. It is not clear how they were disciplined. Was it just a warning? If so, the report means nothing. Just releasing a list won't win the trust of the people," the lawyer said.

A similar report was released for 2016. They aim to provide greater transparency and accountability of the judicial system, enable the public to assess the performance of courts, enhance the capacity of courts, and inform the public about judicial sector reforms.

According to the latest report, there were 1,930 rape cases, 1,214 murder cases, 9,052 drug cases, 191 human trafficking cases and 96,307 other cases in 2017. Mandalay Region saw the most murder cases, Irrawaddy Region saw the most rape cases, and Kachin State saw the most drug cases.

Translated from Burmese by Thet Ko Ko.

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Court Rejects Request to Name Officer in Reuters Case a ‘Hostile Witness’

Posted: 02 May 2018 04:18 AM PDT

YANGON — A Yangon court on Wednesday rejected a request to declare a police captain a hostile witness in the case of two Reuters journalists accused of breaching the Official Secrets Act.

Police Captain Moe Yan Naing told the Northern District Court late last month that Police Brigadier-General Tin Ko Ko had instructed officers to entrap the two reporters, Ko Wa Lone and Ko Kyaw Soe Oo, by handing them classified documents and then arresting them.

The reporters were arrested in Yangon in December after accepting documents from police over a dinner the officers had invited them to and remain in custody.

Following last month’s explosive testimony, a lawyer for the plaintiff asked the court to declare the captain a hostile witness.

On Wednesday, Judge U Ye Lwin rejected the request, explaining that the captain’s testimony at a police station following the reporters’ arrest and later in court were found to be consistent.

"Plus, he is a police officer and he took an oath at the court before his testimony," the judge said.

The decision means the captain’s testimony on April 20 cannot be thrown out.

Since his testimony, Cpt. Moe Yan Naing was sentenced to a year in prison under the Police Discipline Law for handing classified information to the reporters and referred to Insein Prison, according to police spokesman Colonel Myo Thu Soe.

Cpt. Moe Yan Naing did not appear at court last week. But Judge U Ye Lwin said on Wednesday that the captain would remain a witness in the case and that the court would summon him next week.

U Khin Maung Zaw, a lawyer for the two journalists, said Cpt. Moe Yan Naing's testimony in the case would yield further revelations if he does remain a witness, as the judge said he would.

“We are hopeful about the case,” he said. “His testimony is quite important."

On Monday, Col. Myo Thu Soe told The Irrawaddy that Brig-Gen.Tin Ko Ko would face no disciplinary action for allegedly masterminding the Reuters reporters’ entrapment and that the claim would not be investigated.

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UNSC Delegation Visits Northern Rakhine

Posted: 02 May 2018 02:42 AM PDT

SITTWE, Rakhine State —A United Nations Security Council (UNSC) delegation visited Rohingya villages on Tuesday in Rakhine State's Maungdaw, where hundreds of thousands of the ethnic minority have fled military-led violence, after months of not being permitted to do so.

The 15-member UNSC delegation comprising representatives from 15 countries visited Maungdaw on Tuesday, during which Rohingya residents of Pan Taw Pyin village met with them, U Anarwa, the village administrator, told The Irrawaddy.

The Rohingya told the delegation that they do not want to accept national verification cards (NVCs) issued by the Myanmar government.

"They asked us about education, freedom of movement and the burning of homes. We told them that we want to be able to travel freely around Maungdaw and that we do not want NVCs because we have lived here for generations. But they said nothing in response," he told The Irrawaddy.

When asked about the arson, a local Rohingya villager told the UNSC delegation that the Myanmar Army was responsible for the burning of homes.

NVCs have been issued since June 7, 2016, and through Jan. 3, 2018, they had been issued to 6,097 men and 3,076 women, according to the government.

The delegation visited Hla Poe Khaung and Taung Pyo Letwe repatriation camps and the Rohingya villages Shwezaa, and Pan Taw Pyin.

They also met Hindu and ethnic Mro families whose relatives were killed in attacks allegedly carried out by the Arakan Rohingya Salvation Army (ARSA), according to the government – a claim that ARSA denied. The delegations also met with eight Hindu women who claimed that ARSA abducted them and took them to Bangladesh.

"They asked me if I knew who killed my family members," said one of the abducted women Rica who said she witnessed the killing of her husband.

"I told them that they were killed by Rohingya living near our village, and that I know and remember the murderers," she added.

The delegation also met civil society organizations based in Sittwe at the Sittwe Airport lounge in the evening.

U Than Tun, general secretary of the Ancillary Committee for Reconstruction of Rakhine National Territory in the Western Frontier (ACRRNT), who attended the meeting, said: "We told the UNSC delegation that it is good that they have come here to see the real situation since they have only heard fake and fabricated news. I don't know what their decision will be. But I noticed that they had already had their minds made up no matter what we said."

The visit was the first of its kind by a UNSC delegation to Myanmar. The delegation also held talks with State Counselor Daw Aung San Suu Kyi and Myanmar Army Chief Senior-General Min Aung Hlaing on Monday.

Translated from Burmese by Thet Ko Ko.

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Through a Fog of Data, Air of Indian Cities Looks Dirtiest

Posted: 01 May 2018 10:13 PM PDT

GENEVA — India should follow China’s example and clean up the air in its cities, which are among the world’s worst for outdoor pollution, the World Health Organization (WHO) said on Wednesday.

The WHO’s database of more than 4,300 cities showed Indian cities such as New Delhi, Varanasi and Patna were among the most polluted, based on the amount of particulate matter under 2.5 micrograms found in every cubic meter of air.

Chinese cities such as Xingtai and Shijiazhuang and the Saudi refining hub at Jubail were also highly polluted, but the data for those places was 4-5 years old, and Maria Neira, WHO’s head of public health, said China had made big improvements that India should follow.

“There is a big step at the government level [in China] declaring war on air pollution,” Neira said. “One of the reasons for that is that the health argument was very strongly presented, and the fact that the citizens were really breathing air that was totally unacceptable.”

“We would be very happy if we would see a similar movement now in India, which is one of the countries for which we are particularly concerned. Although there are good initiatives which can be put in place quickly, still the levels are very high and we would like to see a similar decision and leadership.”

The WHO says nine out of 10 people on the planet breathe polluted air, and it kills 7 million people each year, almost all of them in poor countries in Asia and Africa. About a quarter of deaths from heart disease, stroke and lung cancer can be attributed to air pollution, the WHO says.

Globally, outdoor air pollution has remained high and largely unchanged in the past six years, while household air pollution has got worse in many poorer countries, as people continue to cook with solid fuel or kerosene, instead of cleaner fuels such as gas and electricity.

“The transition to clean fuels and technology in the home, clean household energy, is too slow. It’s been three decades and we still have three billion people primarily relying on [polluting] fuels and technologies, and that’s for cooking alone,” said WHO technical officer Heather Adair-Rohani.

The WHO’s global assessment is based on satellite data and modeling overlaid on the database of cities, which is self-selecting because it is based on voluntary reporting, with numbers that have been hugely revised since the previous report.

The most polluted city in 2016’s report, Zabol in Iran, has had its pollution level cut fourfold in the latest version of the database, and now appears to be cleaner than Australia’s capital Canberra.

“The data we are presenting today is I think the most accurate you can expect at the moment,” Neira said.

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Child Brides Sold into Sex Slavery, Domestic Work, Say Indian Officials

Posted: 01 May 2018 09:42 PM PDT

MUMBAI — Girls are being trafficked into domestic servitude or sex slavery after their parents illegally marry them off, said officials in the Indian state of Maharashtra on Tuesday.

Researchers are conducting the state’s first survey into links between child marriage and slavery, according to Vijaya Rahatkar, chairperson of Maharashtra’s women’s commission.

The legal age of marriage in India is 18 for women and 21 for men. Parents face a fine of 100,000 rupees ($1,535) and two years in prison if they are caught trying to marry off their underage children.

But discrimination against girls remains widespread, particularly in rural and poor communities where parents often view daughters as financial burdens and continue to marry them off early.

“Many of these marriages do not last, and we have now seen cases where there are direct and indirect linkages to trafficking,” Rahatkar told the Thomson Reuters Foundation.

Rahatkar said her commission decided to carry out the survey after receiving reports of child brides enslaved in households and sold into brothels.

After one such report, authorities rescued a girl who had been married off and then forced to work without wages on a farm, where she was abused and tied up so she did not run away.

The findings of the survey, currently underway in districts that report high rates of child marriage, will be shared with various state governments, said Rahatkar.

There has been a “complete vacuum in the research space on trafficking and child marriage,” said Adrian Phillips of the anti-trafficking group Justice and Care.

The research is expected to provide data that will expose connections between the two crimes, said Phillips, whose group has partnered with the women’s commission to conduct the survey.

The number of girls getting married in India has fallen by nearly half in the past decade, the United Nations children's agency, UNICEF, said in March. But 27 percent of all brides are still below age 18, according to UNICEF.

Campaigners say it is difficult to convince many people that the tradition of child marriage is wrong.

“They believe there is no ill in the practice, as it has been going on for years,” said Nirmal Gorana, convener of the National Campaign Committee for Eradication of Bonded Labour.

“When parents marry their girls young, it is also to ensure they do not stake any claim on the parent’s property,” he added.

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UN Could Help Myanmar Gather Evidence of Crimes Against Rohingya: British Envoy

Posted: 01 May 2018 09:29 PM PDT

MAUNGDAW, Rakhine State— Britain’s UN envoy on Tuesday suggested the UN Security Council could consider helping Myanmar collect evidence of crimes committed during a military crackdown of the Rohingya people, denounced by the world body as ethnic cleansing after most recent bout of persecution of the Muslim minority last year.

“What we’ve got to do on the council is to think how best to turn that into something operational, so that the evidence gets collected and given either to the Burmese authorities or to some sort of international mechanism,” Britain’s UN Ambassador Karen Pierce told Reuters, as the Security Council wrapped up a four-day visit to Bangladesh and Myanmar on Tuesday.

Britain’s Pierce told reporters that an investigation needs evidentiary standards to achieve accountability.

“There are two ways of doing that basically, one is an International Criminal Court referral, the second would be the Burmese government do that themselves,” Pierce said.

The Myanmar mission to the United Nations did not immediately respond to a request for comment on Pierce's suggestion.

Myanmar’s de facto leader Daw Aung San Suu Kyi pledged investigations if credible evidence was provided and military chief Snr-Gen Min Aung Hlaing vowed “harsh action” over sexual violence during separate meetings with Security Council envoys in the country’s capital Naypyitaw on Monday, diplomats said.

But Daw Aung San Suu Kyi’s civilian government has little control over the Myanmar military.

Members of the UN Security Council travelled to Myanmar’s Rakhine State, where the United Nations and rights groups say nearly 700,000 Rohingya have fled to Bangladesh since August.

Fleeing refugees have reported killings, rapes and arson. Rohingya insurgent attacks on Rakhine security posts led to the military operation that Myanmar deemed a legitimate response.

In Rakhine, data from the UN Operational Satellite Applications Program (UNOSAT) has shown hundreds of villages once inhabited by the Rohingya have now been burned down. Many such villages could be seen from the Myanmar military helicopters that carried the UN envoys to northern Rakhine.

Security Council envoys were shown a reception center Myanmar has built for repatriating Rohingya, aiming to accept a total of 150 people a day, and a transit camp that can house 30,000 returnees. The envoys passed two bulldozed villages near the camp.

Investigations and Options

Last November, the Myanmar military released a report denying all accusations of rape and killings by security forces.

But the US government is conducting an intensive examination of allegations of atrocities against the Rohingya that could be used to prosecute Myanmar’s military officials for crimes against humanity, US officials have told Reuters.

Meanwhile the prosecutor of the International Criminal Court (ICC) has asked it to rule on whether it has jurisdiction over the deportations of Rohingyas to Bangladesh, a possible crime against humanity, but Daw Aung San Suu Kyi’s government has expressed “serious concern” over the move.

Bangladesh is a member of the ICC but Myanmar is not, so if the ICC rules that it does not have jurisdiction, the UN Security Council could then choose to refer the situation in Myanmar to the court.

In December, US Ambassador to the United Nations Nikki Haley said Myanmar must allow an “independent, transparent and credible investigation into what has happened.”

One way the Security Council could help Myanmar could be to mandate a UN investigative team to collect, preserve and store evidence, just as it did in Iraq last year when it investigated acts by Islamic State that may be war crimes.

The United Nations General Assembly could alternatively create an international inquiry into the most serious crimes committed against the Rohingya, similar to what the UN has done in Syria.

Russia’s deputy UN Ambassador Dmitry Polyanskiy was wary of Security Council involvement though because Myanmar said it was willing to tackle the issue. Any Council resolution would need nine votes in favor and no vetoes by either Russia or China, an ally of Myanmar.

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