KHRG #2010-04, August 2010
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Self-protection under strain: Targeting of civilians and local responses in northern Karen State The Karen Human Rights Group August 2010 Self-protection under strain: Targeting of civilians and local responses in northern Karen State Written and published by the Karen Human Rights Group KHRG #2010-04, August 2010 Front cover photo: Displaced residents of Kyaukkyi Township, Nyaunglebin District, flee deeper into an upland area following attacks by the SPDC Army in February 2009. [Photo: KHRG] Back cover photo: Smoke rises from hill fields belonging to villagers from Lu Thaw Township, Papun District. An SPDC Army camp is just 30 minutes’ walk away, and villagers told KHRG they had to be prepared to evade Army patrols and shelling while working in these fields. [Photo: KHRG] The Karen Human Rights Group (KHRG) was founded in 1992 and documents the situation of villagers and townspeople in rural Burma through their direct testimonies, supported by photographic and other evidence. KHRG operates independently and is not affiliated with any political or other organisation. Examples of our work can be seen online at www.khrg.org, or printed copies may be obtained subject to approval and availability by sending a request to [email protected]. This report published by KHRG, © KHRG 2010. All rights reserved. Contents may be reproduced or distributed on a not-for-profit basis or quoted for media and related purposes; but reproduction for commercial purposes requires the prior permission of KHRG. This report is not for commercial sale. Karen Human Rights Group Preface This report is a detailed examination of the humanitarian consequences of ongoing SPDC Army attacks on the civilian population in upland northern Karen State, and the strategies villagers have developed to protect themselves and maintain their dignity. While these self-protection strategies have enabled tens of thousands of villagers to survive and remain close to their homes, they have also become strained, even insufficient, as humanitarian conditions worsen under sustained pressure from the SPDC Army. Such circumstances have prompted some individual villagers and entire communities to re-assess local priorities and concerns, and respond with alternative strategies – including uses of weapons or landmines. While this complicates discussions of legal and humanitarian protections for at-risk civilians, the following report makes clear that uses of weapons by civilians occur amidst increasing constraints on alternative self-protection measures. Consequently, external actors wishing to promote human rights in conflict areas of eastern Burma should seek a detailed understanding of local priorities and dynamics of abuse, and use this understanding to inform activities that broaden the range of feasible options for civilians to respond and protect themselves from abuse and military attack. 1 Self-protection under strain Contents Preface...............................................................................................................1 Contents .........................................................................................................2 Methodology and scope of research ..............................................................4 Terms and abbreviations ................................................................................7 Map 1: Papun District .....................................................................................8 Map 2: Locally defined Karen State................................................................9 Map 3: Burma ...............................................................................................10 I. Introduction and executive summary ............................................................11 II. Targeting of civilians in Lu Thaw: Recent and historical antecedents .........15 III. SPDC Army practices: Targeting civilian lives and livelihoods ...................22 A. Attacks on civilians...................................................................................22 1. Attacks on civilians and civilian settlements..........................................32 2. Attacks on civilian livelihoods and denial of access to humanitarian support ......................................................................................................40 IV. Self-protection under strain: Local priorities and local responses ..............47 A. Balancing protection concerns .................................................................47 B. Humanitarian conditions and evolving responses....................................50 1. Food Security ........................................................................................52 2. Health ....................................................................................................64 3. Education ..............................................................................................73 V. Armed self-protection strategies: Causes and consequences ....................82 A. Armed self-protection strategies ..............................................................82 1. The KNLA, KNDO and civilian support..................................................83 2. Gher der home guard groups ................................................................88 3. Related civilian activities .......................................................................95 B. Positive and negative consequences.......................................................95 1. Villagers’ rationales for armed self-protection .......................................96 2. Human rights and physical security consequences for displaced civilians ..................................................................................................................98 VI. Legal implications: Direct participation and international humanitarian law .......................................................................................................................101 A. Understanding relevant international humanitarian law .........................101 1. The principle of distinction...................................................................102 2. Distinguishing fighters and civilians.....................................................105 3. Direct participation in hostilities ...........................................................107 2 Karen Human Rights Group B. Evaluation of civilian armed self-protection strategies in Lu Thaw Township ....................................................................................................108 1. Civilian support for the KNLA and KNDO............................................109 2. Gher der activities ...............................................................................113 VII. Conclusions: Increasing protection for civilians in Lu Thaw and beyond 116 A. Direct support.........................................................................................116 B. Indirect support ......................................................................................124 C. Implications for peace building...............................................................126 3 Self-protection under strain Methodology and scope of research 1. Geographic Area Research for this report was primarily conducted in Papun District, which is divided into three townships, locally referred to as Lu Thaw, Dweh Loh and Bu Thoh. Lu Thaw, which makes up the district’s northern third, mostly consists of upland hills that link with hill areas in adjacent Toungoo and northeastern Nyaunglebin District. Dweh Loh and Bu Thoh, which form the southern thirds of the district, both have considerable lowland terrain. Dweh Loh and Bu Thoh also, however, contain upland areas, particularly northern and eastern Bu Tho Township. The Bilin River and Yunzalin River are the major waterways that run north to south through Papun District; many communities in Papun lie along these rivers and their tributaries. These features and others can be seen on maps 1 and 2. Papun District is a local designation that loosely corresponds to an area officially classified by the SPDC as Hpapun Township, Kayin State. Papun District is part of a locally-designated “Karen State” that, according to official boundaries used by the SPDC, includes all or portions of Kayin, Kayah and Mon states and significant parts of Bago and Tanintharyi Divisions. When this report refers to “Karen State,” it is in reference to this broader area. 2. Sources This report draws primarily from research received between January 2009 and April 2010. This dataset includes 125 interviews with villagers in Lu Thaw Township and an additional 87 interviews with villagers elsewhere in Papun including both Bu Tho and Dweh Loh townships. Of this total figure, 35 interviews were conducted with students, so information regarding youths’ experiences, particularly that used for Section IV: B-3, was not explained solely from the perspective of adults. Selections from a handful of specific interviews and field research from outside this timeframe were also used for additional context regarding key issues discussed in this report. Interviews were designed to be qualitative and open-ended: no survey was used and interviews were dictated by the priorities of individual villagers. In some cases, targeted follow-up interviews were conducted to clarify details regarding specific incidents or self-protection strategies employed by villagers. Interviewees included both village leaders and persons not in positions of leadership,