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Crimes in Burma
Crimes in Burma A Report By Table of Contents Preface iii Executive Summary 1 Methodology 5 I. History of Burma 7 A. Early History and Independence in 1948 7 B. Military Rule: 1962-1988 9 C. The 1988 Popular Uprising and Democratic Elections in 1990 11 D. Military Rule Since 1988 12 II. International Criminal Law Framework 21 A. Crimes Against Humanity: Chapeau or Common Elements 24 B. War Crimes: Chapeau or Common Elements 27 C. Enumerated or Prohibited Acts 30 III. Human Rights Violations in Burma 37 A. Forced Displacement 39 B. Sexual Violence 51 C. Extrajudicial Killings and Torture 64 D. Legal Evaluation 74 ii Preface IV. Precedents for Action 77 A. The Security Council’s Chapter VII Powers 78 B. The Former Yugoslavia 80 C. Rwanda 82 D. Darfur 84 E. Burma 86 Conclusion 91 Appendix 93 Acknowledgments 103 Preface For many years, the world has watched with horror as the human rights nightmare in Burma has unfolded under military rule. The struggle for democracy of Nobel Peace Prize Laureate Daw Aung San Suu Kyi and other political prisoners since 1988 has captured the imagination of people around the world. The strength of Buddhist monks and their Saffron Revolution in 2007 brought Burma to the international community’s attention yet again. But a lesser known story—one just as appalling in terms of human rights—has been occurring in Burma over the past decade and a half: epidemic levels of forced labor in the 1990s, the recruitment of tens of thousands of child soldiers, widespread sexual violence, extrajudicial killings and torture, and more than a million displaced persons. -
Q&A on Elections in BURMA
Q&A ON ELECTIONS IN BURMA PHOTOGRapHS BY PLATON Q&A ON ELECTIONS IN BuRma INTRODUCTION PHOTOGRapHS BY PLATON Burma will hold multi-party elections on November 7, 2010, the first in 20 years. Some contend the elections could spark a gradual process of democratization and the opening of civil society space in Burma. Human Rights Watch believes that the elections must be seen in the context of the Burmese military government’s carefully manufactured electoral process over many years that is designed to ensure continued military rule, albeit with a civilian façade. The generals’ “Road Map to Disciplined Democracy” has been a path filled with human rights violations: the brutal crackdown on peaceful protesters in 2007, the doubling of the number of political prisoners in Burma since then to more than 2000, the marginalization of WIN MIN, CIVIL RIGHTS LEADER ethnic minority communities in border areas, a rewritten constitution that A medical student at the time, Win undermines rights and guarantees continued military rule, and carefully Min became a leader of the 1988 constructed electoral laws that subtly bar the main opposition candidates. pro-democracy demonstrations in Burma. After years fighting in the jungle, Win Min has become one of the This political repression takes place in an environment that already sharply restricts most articulate intellectuals in exile. freedom of association, assembly, and expression. Burma’s media is tightly controlled Educated at Harvard University, he is by the authorities, and many media outlets trying to report on the elections have been now one of the driving forces behind an innovative collective called the Vahu (in reduced to reporting on official announcements’ and interviews with party leaders: no Burmese: Plural) Development Institute, public opinion or opposition is permitted. -
MYANMAR: Why the U.S
SUPPORTING HUMAN RIGHTS IN MYANMAR: Why the U.S. Should Maintain Existing Sanctions Authority MAY 2016 SUPPORTING HUMAN RIGHTS IN MYANMAR 1 COVER PHOTO: Kachin Independence Army soldiers on patrol, Kachin State © Ryan Roco 2013 Fortify Rights works to ensure and defend human rights for all. We investigate human rights abuses, engage stakeholders, and strengthen initiatives led by human rights defenders, affected communities, and civil society. We believe in the effectiveness of evidence-based research, the power of strategic truth telling, and the importance of working in close collaboration with individuals, communities, and movements. Fortify Rights is an independent, nonprofit organization based in Southeast Asia and registered in the United States and Switzerland. www.fortifyrights.org United to End Genocide is the largest activist organization in America dedicated to preventing and ending genocide and mass atrocities worldwide. The United to End Genocide community includes faith leaders, students, artists, investors and genocide survivors, and all those who believe we must fulfill the promise the world made following the Holocaust-“Never Again!” www.endgenocide.org SUPPORTING HUMAN RIGHTS IN MYANMAR: Why the U.S. Should Maintain Existing Sanctions Authority MAY 2016 SUPPORTING HUMAN RIGHTS IN MYANMAR 4 CONTENTS SUMMARY................................................................................................................................ 1 METHODOLOGY .....................................................................................................................5 -
Statelessness in Myanmar
Statelessness in Myanmar Country Position Paper May 2019 Country Position Paper: Statelessness in Myanmar CONTENTS Summary of main issues ..................................................................................................................... 3 Relevant population data ................................................................................................................... 4 Rohingya population data .................................................................................................................. 4 Myanmar’s Citizenship law ................................................................................................................. 5 Racial Discrimination ............................................................................................................................... 6 Arbitrary deprivation of nationality ....................................................................................................... 7 The revocation of citizenship.................................................................................................................. 7 Failure to prevent childhood statelessness.......................................................................................... 7 Lack of naturalisation provisions ........................................................................................................... 8 Civil registration and documentation practices .............................................................................. 8 Lack of Access and Barriers -
SUPPORTING the MOVEMENT for a FREE and DEMOCRATIC BURMA 2002-2012 “We Have Been Knocking on This Door for a Long Time and It’S Never Opened
THE STORY OF OUR IMPACT SUPPORTING THE MOVEMENT FOR A FREE AND DEMOCRATIC BURMA 2002-2012 “We have been knocking on this door for a long time and it’s never opened. Now we are knocking and it’s opened a little. We are ready to struggle and push it until it opens further.” — Karen Human Rights Group, an AJWS grantee working on human rights in Burma “If you stand together, your voice will be heard.” —Women’s human rights activist and AJWS grantee, Burma ACKNOWLEDGEMENTS This case study was written by Elyse Lightman Samuels, in collaboration with AJWS’s staff working on Burma, and with editing support from Leah Kaplan Robins. It was designed by Davyd Pittman and Elizabeth Leih. We would like to thank our courageous grantees cited in this case study, who provided valuable input on the history of the civil and political rights movement in Burma and key feedback on drafts. Without them, this story would not be possible. PUBLISHED JULY 2012 COVER Monks, nuns and other citizens march in a peaceful demonstration during the Saffron Revolution. PHOTO BETH JONES Table of Contents Introduction 2 Background: Mounting Terror and Early Attempts at Opposition 3 Documenting and Voicing Shared Problems Leads to Results 3 Women are Empowered to Take the Lead 4 Underground Communications Efforts Support the Saffron Revolution 5 A Disaster Spawns Further Growth of the Grassroots Movement 6 Women Insist that Burma’s Crimes be Investigated 6 Citizens Demand Fair Elections and a Constitution that Ensures Equality for All 6 The Door to Human Rights Begins to Open 7 Civil Society Plays a Role in Peace Negotiations 8 Volunteers Help Build Sustainable Organizations 8 Looking Ahead 8 INTRODUCTION The story of Burma is one of the most profound examples of progress in global justice that AJWS has ever seen. -
Crimes Against Humanity the Case of the Rohingya People in Burma
Crimes Against Humanity The Case of the Rohingya People in Burma Prepared By: Aydin Habibollahi Hollie McLean Yalcin Diker INAF – 5439 Report Presentation Ethnic Distribution Burmese 68% Shan 9% Karen 7% Rakhine 4% Chinese 3% IdiIndian 2% Mon 2% Other 5% Relig ious Dis tr ibu tion Buddhism 89% Islam & Christianity Demography Burmese government has increased the prominence of the Bu ddhis t relig ion to the de tr imen t of other religions. Rohingya Organization • ~1% of national population • ~4% of Arakan population • ~45% of Muslim population Rohingya Organization • AkArakan RRhiohingya NNiational Organi zati on (ARNO) • Domestically not represented Cause of the Conflict • Persecution and the deliberate targggeting of the Rohdhl18hingya started in the late 18th century whhhen the Burmese occupation forced large populations of both the Rohingya Muslims and the Arakanese Buddhists to flee the Ara kan stttate. • The Takhine Party, a predominant anti-colonial faction, began to provoke the Arakanese Buddhists agains t the Ro hingya Mus lims convinc ing the Buddhists that the Islamic culture was an existential threat to their people. • The seed of ha tre d be tween the two sides was plan te d by the Takhine Party and the repression began immediately in 1938 when the Takhine Party took control of the newly independent state. Current Status • JJ,une and October 2012, sectarian violence between the Rohingya Muslims and the Arakanese Buddhist killed almost 200 people, destroyed close to 10,000 homes and displaced 127, 000. A further 25, 000 Rohingya fled to Bangladesh, India, Malaysia, Sir Lanka, and Thailand. • Tensions are still high between Rohingya Muslims and Arakanese Buddhists and human rights violations persitist. -
Burma (Myanmar) Rohingya Refugee Wellness Country Guide
Overview and Context e a d The history of the Rohingya people in Burma (Myanmar) dates i y back to the 15th century. Despite this history in Burma, the u g Rohingya are not viewed as legal citizens or recognized as one of G the 135 official ethnic groups within Burma. The Rohingya primarily n live in the Rakhine (Arakan) state, the poorest state in Burma. In y r i 1982, the Burmese government rescinded the Rohingya’s t citizenship status, severely limiting their ability to vote, travel, or own h n property. Although democratic elections were held in 2012, u Rohingya have faced increased violence perpetrated by the o o government since 2012, including mass rape, torture, and killings. C R Rohingya identity cards were canceled in 2015, further limiting movement, and rendering the Rohingya essentially stateless. s ) s r As a result of this ongoing discrimination, approximately 120,000 Rohingya have been internally displaced, e n 1,000,000 Rohingya have fled to Bangladesh, and 150,000 have fled to Malaysia. The Rohingya are referred to a l by some as the “most persecuted group in the world.” Many believe the atrocities committed against this group l are tantamount to genocide. e m W n Country Info Mental Health Profile e a Population e Research suggests Rohingyan refugees who have g y fled to refugee camps experience high levels of Approximately 1 million live u stress associated with the restrictions of camp life, f in Burma (Myanmar) M such as lack of freedom of movement, safety e concerns, and food scarcity. -
FIDH Report Half Empty: Burma's Political Parties and Their Human Rights Commitments
Half Empty: Burma’s political parties and their human rights commitments November 2015 / N°668a November © AFP PHOTO / Soe Than Win MPs attend parliamentary session in Naypyidaw on July 4, 2012. TABLE OF CONTENTS 1. Foreword 4 2. Executive summary 4 3. Methodology 5 4. Outgoing Parliament disappoints on human rights 7 11 5.1 - Media freedom 12 5.2 - Religious discrimination 12 5.3 - Role of the military 13 5.4 - Accountability for past crimes 13 5.5 - Legislative reform 14 5.6 - Women’s rights 14 5.7 - Death penalty 14 5.8 - Ethnic minority rights 15 15 5.10 - Human rights defenders 15 5.11 - Investment, development, and infrastructure projects 16 5.12 - Next government’s top priorities 16 6. Recommendations to elected MPs 17 7. Appendixes 20 7.1 - Appendix 1: Survey’s complete results 20 7.2 - Appendix 2: Political parties contesting the 8 November election 25 1. FOREWORD By Tomás Ojea Quintana, former UN Special Rapporteur on the situation of human rights in Myanmar to visit the new Parliament in Myanmar, I was able to economic course. 2. EXECUTIVE SUMMARY Suu Kyi, is expected to win. 1 Burma Issues & Concerns Vol. 6: The generals’ election, January 2011 4 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS concerns. The report provides numerous recommendations to MPs, based on statements and reports issued by various UN special procedures as well as resolutions adopted by 3. METHODOLOGY [See Appendix 2: Political parties contesting the 8 November election Appendix 1: Survey’s complete results FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 5 6 FIDH - HALF EMPTY: BURMA’S POLITICAL PARTIES AND THEIR HUMAN RIGHTS COMMITMENTS 4. -
CENTRALIZED NATIONAL RISK ASSESSMENT for MYANMAR 2018 – 1 of 178 –
Centralized National Risk Assessment for Myanmar FSC-CNRA-MM V1-0 EN FSC-CNRA-MM V1-0 CENTRALIZED NATIONAL RISK ASSESSMENT FOR MYANMAR 2018 – 1 of 178 – Title: Centralized National Risk Assessment for Myanmar Document reference FSC-CNRA-MM V1-0 EN code: Approval body: FSC International Center: Performance and Standards Unit Date of approval: 27 August 2018 Contact for comments: FSC International Center - Performance and Standards Unit - Adenauerallee 134 53113 Bonn, Germany +49-(0)228-36766-0 +49-(0)228-36766-30 [email protected] © 2018 Forest Stewardship Council, A.C. All rights reserved. No part of this work covered by the publisher’s copyright may be reproduced or copied in any form or by any means (graphic, electronic or mechanical, including photocopying, recording, recording taping, or information retrieval systems) without the written permission of the publisher. Printed copies of this document are for reference only. Please refer to the electronic copy on the FSC website (ic.fsc.org) to ensure you are referring to the latest version. The Forest Stewardship Council® (FSC) is an independent, not for profit, non- government organization established to support environmentally appropriate, socially beneficial, and economically viable management of the world’s forests. FSC’s vision is that the world’s forests meet the social, ecological, and economic rights and needs of the present generation without compromising those of future generations. FSC-CNRA-MM V1-0 CENTRALIZED NATIONAL RISK ASSESSMENT FOR MYANMAR 2018 – 2 of 178 – Contents Risk assessments that have been finalized for Myanmar .......................................... 4 Risk designations in finalized risk assessments for Myanmar ................................... -
Behind the Scenes
©Lonely Planet Publications Pty Ltd 438 Behind the Scenes SEND US YOUR FEEDBACK We love to hear from travellers – your comments keep us on our toes and help make our books better. Our well-travelled team reads every word on what you loved or loathed about this book. Although we cannot reply individually to your submissions, we always guarantee that your feed- back goes straight to the appropriate authors, in time for the next edition. Each person who sends us information is thanked in the next edition – the most useful submissions are rewarded with a selection of digital PDF chapters. Visit lonelyplanet.com/contact to submit your updates and suggestions or to ask for help. Our award-winning website also features inspirational travel stories, news and discussions. Note: We may edit, reproduce and incorporate your comments in Lonely Planet products such as guidebooks, websites and digital products, so let us know if you don’t want your comments reproduced or your name acknowledged. For a copy of our privacy policy visit lonelyplanet.com/ privacy. Tamara Decaluwe, Terence Boley, Thomas Van OUR READERS Loock, Tim Elliott, Ylwa Alwarsdotter Many thanks to the travellers who used the last edition and wrote to us with help- ful hints, useful advice and interesting WRITER THANKS anecdotes: Alex Wharton, Amy Nguyen, Andrew Selth, Simon Richmond Angela Tucker, Anita Kuiper, Annabel Dunn, An- Many thanks to my fellow authors and the fol- nette Lüthi, Anthony Lee, Bernard Keller, Carina lowing people in Yangon: William Myatwunna, Hall, Christina Pefani, Christoph Knop, Chris- Thant Myint-U, Edwin Briels, Jessica Mudditt, toph Mayer, Claudia van Harten, Claudio Strep- Jaiden Coonan, Tim Aye-Hardy, Ben White, parava, Dalibor Mahel, Damian Gruber, David Myo Aung, Marcus Allender, Jochen Meissner, Jacob, Don Stringman, Elisabeth Schwab, Khin Maung Htwe, Vicky Bowman, Don Wright, Elisabetta Bernardini, Erik Dreyer, Florian James Hayton, Jeremiah Whyte and Jon Boos, Gabriella Wortmann, Garth Riddell, Gerd Keesecker. -
Report of Independent International Fact-Finding Mission on Myanmar
A/HRC/39/64 Advance Edited Version Distr.: General 12 September 2018 Original: English Human Rights Council Thirty-ninth session 10–28 September 2018 Agenda item 4 Human rights situations that require the Council’s attention Report of the independent international fact-finding mission on Myanmar* Summary The Human Rights Council established the independent international fact-finding mission on Myanmar in its resolution 34/22. In accordance with its mandate, the mission focused on the situation in Kachin, Rakhine and Shan States since 2011. It also examined the infringement of fundamental freedoms, including the rights to freedom of expression, assembly and peaceful association, and the question of hate speech. The mission established consistent patterns of serious human rights violations and abuses in Kachin, Rakhine and Shan States, in addition to serious violations of international humanitarian law. These are principally committed by the Myanmar security forces, particularly the military. Their operations are based on policies, tactics and conduct that consistently fail to respect international law, including by deliberately targeting civilians. Many violations amount to the gravest crimes under international law. In the light of the pervasive culture of impunity at the domestic level, the mission finds that the impetus for accountability must come from the international community. It makes concrete recommendations to that end, including that named senior generals of the Myanmar military should be investigated and prosecuted in an international criminal tribunal for genocide, crimes against humanity and war crimes. * The present report was submitted after the deadline in order to reflect the most recent developments. A/HRC/39/64 Contents Page I. -
Shadow Report Prepared by GEN for CEDAW and It Has Partnered with the Global Justice Center for the Information Gathering and Preparation of This Report
ABOUT GLOBAL JUSTICE CENTER The Global Justice Center is a US-based human rights organization with consultative status to the United Nations that works to achieve sustainable justice, peace and security by building a global rule of law based on gender equality and universally enforced international human rights laws. ABOUT GENDER EQUALITY NETWORK Gender Equality Network (GEN) is a Myanmar-based diverse and inclusive network of more than a hundred civil society organizations, national and international NGOs and Technical Resource Persons, working to bring about gender equality and the fulfillment of women's rights in Myanmar. This is the first shadow report prepared by GEN for CEDAW and it has partnered with the Global Justice Center for the information gathering and preparation of this report. GEN brings solid in- country expertise and experience to the table, and as an in-country lobbying force it has worked closely on all the issues highlighted in this report. ACKNOWLEDGEMENTS GEN would like to acknowledge the time and effort put into the preparation of this report by the CEDAW NGO Report Working Group, drawn from the GEN membership. The Working Group met several times over the course of March-May 2016 to ensure the shadow report reflects all the concerns raised by the members of the GEN and the most pressing factors hindering the advancement of women’s rights in Myanmar. (Please see Annex 1 for a list of all contributors.) TABLE OF CONTENTS Executive Summary ..................................................................................................................