Burma: Judicial Harassment and Arbitrary Detention of Ms. Phyu Hnin Htwe

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Burma […]

အမ်ဳိးသားဒီမိုကေရစီအဖြဲ႔ခ်ဳပ္ တည္ေထာင္ျခင္း (၂၆)ႏွစ္ေျမာက္ ႏွစ္ပတ္လည္ေန႔ ေၾကညာခ်က္အမွတ္-၁၀ / ၀၉ / ၂၀၁၄

Elusive Nationwide Ceasefire Agreement Continues to Distract from Substantial Peace Talks

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 […]

January – June 2014: Report on the Human Rights Situation on Burma

Introduction

The Network for Human Right Documentation-Burma (ND-Burma) is an organization that documents and reports human rights violations taking place throughout Burma. We are a watch-dog for human rights violations and are continually monitoring the human rights situation in Burma.

This report covers the first period of 2014 and focuses on 103 documented cases of human rights violations in Burma from January-June 2014. There are many serious human rights violations addressed and highlighted in this report, including: torture, extra-judicial killing, illegal arrests and detention, arbitrary taxation, property crimes, forced labor, human trafficking, forced displacement and rape.

Even though President U Thein Sein promised to release all political prisoners by the end of 2013, there are still many political prisoners in Burma, including new detainees in 2014. Many human right defenders and activists have been arrested under the Unlawful Association Act of 1908, Section 5 (e) and 5 (j) of the Emergency Provisions Act, and Section (18) of the Right to Peaceful Assembly and Peaceful Procession Act. For example, U Win Cho and U Nay Myo Zin were arrested under Section (18) for protesting the confiscation of land in Kyauk Ta Dar Township, Yangon. Moreover, innocent Kachin IDPs were arrested under Section (17) of the Unlawful Association Act for suspected contact with ethnic armed groups. These actions reinforce the fact that the government in Burma is still willing to use oppressive and unjust laws against the Burmese people […]

New report by Network for Human Rights Documentation-Burma (ND-Burma) Documenting On-going Human Rights Abuses in Burma

ND-Burma has published its periodic report covering the first half of 2014, focusing on 103 documented cases of human rights violations in Burma from January to June, 2014. There are many serious human rights issues highlighted in this report: torture, extra-judicial killing, illegal arrests and detentions, arbitrary taxation, property crime, forced labor, human trafficking, forced displacement and rape […]

၂၀၀၄ခုႏွစ္၊ ၾသဂုတ္လ(၁၁)ရက္ ေန႔စြဲျဖင့္ ၿငိမ္းခ်မ္းေရးျဖစ္စဥ္အေပၚ အျပန္အလွန္ေဆြးေႏြးျခင္း အခမ္းအနား တက္ေရာက္ၾကသည့္ ႏိုင္ငံေရးပါတီမ်ား၏ သေဘာထား ထုတ္ျပန္ခ်က္ စာတမ္းတြင္ အမ်ဳိးသားဒီမိုကေရစီအဖြဲ႔ခ်ဳပ္၊ တိုင္းရင္းသား ပါတီးမ်ားနွင့္ အျခားပါတီးမ်ားလည္း ပါ၀င္ျခင္းမရွိေၾကာင္း ေၾကညာခ်က္

အမ်ဳိးသား ဒီမိုကေရစီအဖြဲ႔ခ်ဳပ္ႏွင့္ ၈၈မ်ိဳးဆက္ ျငိမ္းခ်မ္းေရးႏွင့္ ပြင့္လင္းလူ႔အဖြဲ႔အစည္း တို႔၏ ၂၀၀၈ ဖြဲ႔စည္းပုံ အေျခခံဥပေဒ ပုဒ္မ ၄၃၆ ျပင္ဆင္ေရးႏွင့္ ပတ္သက္၍ ျပည္သူလူထု လက္မွတ္ေရးထိုး ဆႏၵခံယူပြဲ ရလဒ္မ်ားကို အေျခခံ၍ လိုအပ္သလို ဆက္လက္အေရးယူ ေဆာင္ရြက္ႏိုင္ရန္ တင္ျပျခင္း

Political Opposition in Burma Must Ignore Distractions and Focus on Policy

The main opposition party in Burma, the National League for Democracy (NLD), said last week that almost 5 million people signed the petition calling for constitutional reform that did the rounds from 27 May to 19 July. The petition pushed for the removal of the Burma Army’s veto on constitutional change that they have by virtue of Article 436 of the Burma Constitution. This campaign has been widely praised as a shrewd tactical move, because it would in theory unlock the door to amendments of any offending articles of the Burma Constitution that undermine democratic values and infringe upon the fundamental rights of the people. Most notably – though by no means exclusively, as the NLD and others are at pains to stress – amendment of Article 436 will in turn enable amendment of Article 59(f), which in practice bars Daw Aung San Suu Kyi running for President in the 2015 elections.

While such a public initiative is to be applauded, and the weight of support for the petition is to be welcomed, the political opposition in Burma must not allow itself to be distracted by such diversionary machinations on the part of the Burma Government and the ruling Union Solidarity and Development Party (USDP). The NLD is right that constitutional reform is essential to the establishment of genuine democracy in Burma. However, it is also time for the political opposition to test the limited democratic space that now exists in Burma, and time to start outlining a viable policy platform for government. The burden rests with the NLD and other democratic opposition parties to engineer a seismic cultural and political shift: away from politics traditionally centred on personalities and fear, and towards politics based on actual policies that will resolve people’s grievances and promote and protect their political, economic, social and cultural rights.

Move to Proportional Representation a Power Grab by the Military-backed USDP

The debate over a potential change to Burma’s electoral system, from a First Past the Post System (FPP) to a Proportional Representation System (PR) is gathering momentum, with a new committee formed by the Parliamentary lower house speaker, Shwe Mann, to discuss whether this is appropriate for the country. While the general debate over suitability of differing electoral systems is complex and broad, if seen through the eyes of the context in Burma, there is one clear winner if this change is implemented before the 2015 general election: the military-backed Union Solidarity and Development Party (USDP) which is unsurprisingly supportive of this change.

The argument for Burma to change to PR is certainly compelling. Theoretically, it will give smaller political parties, such as the NDF who proposed the motion, more chance of representation in the legislature, while the same goes for smaller ethnic political parties. Yet it is much more complex than this. For constituencies in ethnically concentrated areas, where there is a dominant ethnic political party, for example the Rakhine Nationalities Development Party (RNDP) in Arakan State, FPP is more advantageous for that dominant ethnic political party, as seen in the RNDP’s dominance of the Arakan State legislature. Focusing on winning seats in ethnically concentrated areas might be the only way that ethnic political parties guarantee representation under the first past the post system. Yet under PR, if the total population of a certain ethnic group is under the 1% threshold of votes needed to gain a seat that is typical of PR, then that party will not win any seats at all, even if the ethnic nationality it represents is dominant in certain constituencies.[…]

Multi-Faith Network Urges Secretary Kerry to Raise Religious Freedom Violations with Burmese Government

Members of the US-based International Religious Freedom (IRF) Roundtable, a multi-faith informal group of organizations and individuals advocating for freedom of religion or belief, have written to US Secretary of State John Kerry ahead of his visit to Burma, urging him make it a priority to discuss reported violations of freedom of religion or belief with the government […]