Wednesday, October 8, 2014

Weekly Highlights: “Winds of Change” Blow a Gale of Human Rights Abuses

 

29 September - 5 October 2014

Weekly Highlights

"Winds of Change" Blow a Gale of Human Rights Abuses


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.

Wunna Maung Lwin also claims that "the first wave of reform has brought about the national reconciliation, granting of a series of amnesties, creation of greater political space, freedom of media, and freedom of expression, freedom of association and peaceful assembly."  He later concludes that the presidential amnesties "have created an enabling environment for everyone to participate in the parliament, political parties, civil society organizations and labour organizations." However, as this recent briefing paper on the shrinking space for civil society in Burma, by Burma Partnership and the Assistance Association for Political Prisoner (AAPP) argues, not only is it quite simply not true that all political prisoners were released in the December 2013 presidential amnesties, in fact many more activists, farmers, human rights defenders, journalists and peaceful protestors have been arrested, detained, charged, sentenced and imprisoned over the course of 2014, not to mention intimidated, threatened and harassed.

Moreover, the Burma authorities are failing to respect and protect people's human rights and fundamental freedoms at a legislative and judicial level, particularly the rights to freedom of assembly, association and expression that Wunna Maung Lwin explicitly mentions. They are enacting legislation that is not in line with international human rights law and norms, and refusing to repeal repressive and draconian colonial - or junta-era legislations. Meanwhile the judiciary falls woefully short in terms of competence, independence and transparency, and thus offers no access to justice for the victims of human rights abuses in Burma.  In short, there is no rule of law whatsoever.

Wunna Maung Lwin also touts press and media freedom as "one of the most visible outcomes of the reforms," when in fact, as the Burma Partnership/AAPP briefing paper shows, independent media in Burma is currently facing serious, existential challenges, ranging from intimidation to legislative threats to unfair commercial pressures.

Moving on, in his remarks on the Rohingya, Wunna Maung Lwin comments that "In addressing the root cause, we are working for peace, stability, harmony, and development of all people in Rakhine State." This involves a plan which would force Rohingya to accept ethnic reclassification as Bengali, thus entrenching the belief that they are illegal immigrants from Bangladesh. Those who don't accept this would not be able to attain citizenship, and would be segregated in apartheid-like conditions as many of the 140,000 displaced Rohingya currently are.

The "winds of change" that Wunna Muang Lwin talks of do not translate to those suffering from human rights violations in relation to armed conflict, to those being arrested based on politically-motivated charges, to Rohingya segregated in camps, or vast majority of the people and communities who are not benefiting from these so called changes in Burma. Thus it is imperative that Burma does remain on the agendas of the Human Rights Council and the Third Committee of the UNGA. The international community must take Burma's foreign minister's words as what they really are; an effort to deceive in order to take Burma's still appalling human rights record out of the spotlight.

Thus the international community have a responsibility to pressure the Burma Government to place human rights as top priority on its reform agenda and respect, protect and promote the rights of its people. The International community must not be further misled or deceived by the Burma Government's time buying – the same old tactic applied by the military regime previously. In particular, the long-time champions of Burma's struggle for democracy and human rights such as the US, UK and the EU must stand firmly on human rights and ensure the Burma resolutions remain at the UNGA and Human Rights Council and reflect the human rights situation for people of Burma.  It is this, not economic or geopolitical interests, which must dictate the resolution.

News Highlights

Palaung rebel source claim heavy clashes between Burma Army and a combined force of Ta'ang National Liberation Army, Kachin Independence Army and Myanmar National Democratic Alliance Army soldiers in Kutkhai Township, northern Shan State' killed 17 government soldiers

Inside Burma

Shan Nationalities League for Democracy, Shan Nationalities Democratic Party, Shan State Army-South, and the Shan State Army-North meet in Bangkok, Thailand to talk about the current peace process, 2015 elections and electoral law amendments in an effort of establishing common ground and unity between rival Shan groups

Burma's lower house approves a report written by the Committee for Rule of Law and Peace and Stability chaired by Aung San Suu Kyi - a report which criticizes Burma's judicial system and recommends establishing an independent body to monitor the courts - while several individuals criticize some of its proposals, saying it would interfere with judicial independence

Lower House Speaker Shwe Mann instructs his 24-member parliamentary commission to submit at least seven options for electoral systems that could be suitable for Burma

Chin Women's Organization is established with 30 members in Chin State with the objectives of self-determination, promoting women's rights and empowering women on discrimination

A court in Sagaing Region denies bail to All Burma Federation of Student Unions' member Phyu Hnin Htwe who was arrested for helping Monya villagers campaign against the nearby Latpadaung copper mine

Foreign Minister Wunna Maung Lwin says sectarian violence between Buddhists and minority Muslims has thrown up "an unfortunate and unexpected challenge" in Burma's transition to democracy, but denies the unrest has been fueled by racism

Arakan's Thandwe district court sentences a thirty-year old Buddhist national Zaw Zaw Tun to life imprisonment and nine other individuals to five years in prison for their involvement in sectarian violence that erupted in October 2012 in Arakan State

Following an appeal by the defendants, court in Magwe Region reduces the sentence of five Unity journalists from 10 to 7 years' imprisonment with hard labor

Authorities in Chin State order the publication of The Hakha Post newspaper in Chin language to be terminated for not complying with the official registration with the Ministry of Information, while other print media in the state continue to exist without any registration

A civilian court in Shan State's Muse District to hear a case involving the alleged rape of a 14-year old Kachin girl by a Burma Army soldier after the victim's family called for authorities to transfer the case to a civilian court, which is a rare prosecution against the rape perpetrators, especially in civilian courts

Burma authorities seize over 200 kilograms of heroin worth around $20 million on the side of Golden Triangle in eastern Shan State bordering Thailand, arresting three men with guns and a grenade launcher and Police in Arakan State seize 412,000 Yaba tablets worth 1,236 million kyats from an ancient palace in Mrauk U

Regional

Wirathu, a Burmese Buddhist monk, and Sri Lankan monks sign an agreement to work together to protect Buddhism, involving networking and building the capacity to stabilize Buddhism

Central Bank of Myanmar grants foreign banking licences to Malaysia's Malayan Banking Bhd (Maybank) and Bangkok Bank (BBL) of Thailand, while OCBC Bank and United Overseas Bank of Singapore to open their branches in Burma

Information Minister Ye Htut defends the silence of Burma's state-owned media on the Hong Kong protests, saying it is the government's editorial policy not to intervene in the internal affairs of other countries, though anti-government riots in Thailand were covered during the time of Information Minister Aung Kyi

International

UN Secretary-General Ban Ki-moon's latest report on Burma raises serious concerns about Burma's ethnic, religious tensions

The US embassy in Burma warns its citizens travelling in eastern Burma after clashes between Burma Army and Karen ethnic rebels

US President Barack Obama announces his decision to keep Burma on the list of nations that are subject to US sanctions over the use of child soldiers

Central Bank of Myanmar grants foreign banking licences to Australia and New Zealand Banking Group, Industrial and Commercial Bank of China, and Japan's three largest banks - Bank of Tokyo-Mitsubishi UFJ, Mizuho Bank and Sumitomo Mitsui Banking Corporation

Opinion

Rohingya People Need Our Help
By Dr. Habib Siddiqui
Asian Tribune

BURMA PEACE PROCESS: Third party mediation would help move the process forward
By Sai Wansai
Shan Herald

Latest from the Blog

The Myanmar National Human Rights Commission Continues Failing to Deliver
By Burma Partnership

 

Actions

TAKE ACTION! Write to Burma's authorities, calling for them to immediately and unconditionally release Unity journalist Lu Maw Naing, Yazar Oo, Paing Thet Kyaw, Sithu Soe and all other prisoners of conscience in Burma

TAKE ACTION! Write to Burma's authorities, urging them to release Kyaw Hla Aung and all Human Rights Defenders in Burma

Dozens of protesters from the Rangoon suburb of Michaungkan, who have been conducting peaceful demonstrations outside Maha Bandula Park in the city center to demand the return of their land confiscated by Burma Army in 1990, still occupy the public street despite the deadline ordered by local police to dismantle their camp and leave

Statements and Press Releases

Phillip Hammond Urged To Take Action To Free Htin Kyaw
By Burma Campaign UK

Two New Briefers: The State of Burma's Peace Process and Shrinking Space for Civil Society in Burma
By Burma Partnership

Burma's Irrawaddy Threatened, Hit by Cyberattacks
By Committee to Protect Journalists

Burma: Government Plan Would Segregate Rohingya
By Human Rights Watch

World Bank Group: Tackle Burma Rights Concerns
By Human Rights Watch

Reports

A Briefing Paper on the Shrinking Space for Civil Society in Burma/Myanmar
By Assistance Association for Political Prisoners and Burma Partnership

Tension Anxiety and Insecurity the State of Burma/Myanmar's Peace Process
By Burma Partnership

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