Human Rights Reporting (global, regional and Myanmar)

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Title: Myanmar crisis now or never moment for ASEAN
Description: "More than a month on from a democracy-suspending military coup in Myanmar, many see the junta’s increasingly violent crackdown on dissent as approaching a point of no return. As the United States and others press for tougher sanctions on the junta’s leaders, Southeast Asian nations are under pressure to intervene to prevent a humanitarian catastrophe. With its credibility on the line after past failures to tackle human rights crises in the region, the Association of Southeast Asian Nations (ASEAN) is still widely seen as the best hope for a diplomatic solution amid uncharacteristic outspokenness from some of its member states who are pushing to build a regional consensus on the need for Myanmar to return to democracy. But the grouping isn’t speaking with one voice, with some of its members describing the putsch as an internal matter, consistent with the bloc’s long-held tradition of non-interference in members’ domestic affairs. Moreover, the organization’s diplomatic efforts have been met with skepticism by those protesting across Myanmar who are staunchly opposed to any engagement that would confer legitimacy onto Naypyidaw’s generals..."
Source/publisher: "Asia Times" (Hong Kong)
Date of entry/update: 2021-03-05
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Title: Myanmar: Reporter placed in chokehold as 6 journalists charged
Sub-title: Six journalists are facing charges punishable with up to three years in prison amid a crackdown on anti-coup protests.
Description: "The Associated Press news agency released a video on Wednesday that showed Myanmar security forces holding an AP journalist in a chokehold and handcuffs as security forces crack down on anti-coup protests. Myanmar authorities have charged Thein Zaw and five other journalists with violating a public order law, which could put them in prison for up to three years. "Independent journalists must be allowed to freely and safely report the news without fear of retribution," Ian Phillips, AP vice president for international news, said on Wednesday, calling for Thein Zaw's immediate release. What did the video show? In the AP video, Thein Zaw appears to be photographing security forces running at protesters on Saturday in Myanmar's largest city Yangon. Thein Zaw tries to escape as seven people place him in a chokehold and handcuffs. A policeman then pulls him with the handcuffs. What do we know about the charges? According to AP, Thein Zaw's lawyer said he faces charges under a law that punishes spreading false news, causing fear, or agitating for a criminal offense against public employees. The junta amended the law last month to increase the penalty from two years and widen its jurisdiction, the lawyer told AP. Thein Zaw, 32, is reportedly being held in Insein Prison in northern Yangon, where previous military regimes sent political prisoners. AP said that the lawyer confirmed Thein Zaw could be held until March 12 without another hearing. Among the charged journalists are reporters working for Myanmar Now, Myanmar Photo Agency, 7Day News, Zee Kwet online news and a freelancer, AP reported..."
Source/publisher: "DW News" (Germany)
Date of entry/update: 2021-03-04
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Title: Democracy in Myanmar still under threat
Description: "Myanmar State Counsellor Aung San Suu Kyi’s National League for Democracy (NLD) secured a landslide victory in November’s 2020 general election. The NLD’s massive win was shocking even for close observers of Myanmar politics, who anticipated the party’s popularity to take a hit after five years of controversial rule. Since the NLD has been in power, Myanmar’s nascent democracy has not met expectations. The country’s human rights record has not improved, the peace process is stalled, and repression of government critics is continuing. Economic growth has slowed down due to the inefficient bureaucracy and volatile conflict situation. Pro-democracy activists are wary of Aung San Suu Kyi’s growing authoritarianism while the international community now calls her a pariah. The NLD did poorly in its 2017 and 2018 by-elections, a downward trend that was expected to continue. What does the NLD’s electoral victory suggest about Myanmar’s road to democracy? Myanmar’s democratic institutions are working relatively well. The Union Parliament (Pyidaungsu Hluttaw) has been one of the most active government institutions since its birth in 2011, which implies that parliamentary democracy is functioning. General elections are held every five years and, while there is still room for improvement, no significant electoral fraud, violence or manipulation were reported in November. The voter turnout of 71.6 per cent is also an encouraging sign, up from 69 per cent in 2015. But other aspects of Myanmar’s democratisation have regressed over the last five years. The government has tightened control over the media, causing overall freedom to decline and civil society space to shrink. Restrictive laws such as the Telecommunication Law, Unlawful Association Act and the defamation section in the Penal Code intimidate the media, while journalists have been detained for reporting on the conflict in Rakhine State. The COVID-19 pandemic has also affected the electoral landscape, with domestic and international observers criticising the Union Election Commission for introducing restrictions on election campaigns and cancelling the vote in some townships in Rakhine, Shan, Kachin and Kayin states. Continued ethnic conflict presents another challenge. The violent situation in Rakhine State has not yet been contained. Although there was no visible political violence during the election period, following the election, a parliamentarian elected to the Amyotha Hluttaw (upper house) was killed in late November 2020. The Arakan Army, an insurgent group, and the Tatmadaw — the Myanmar military — agreed to hold a by-election in areas where the vote was cancelled, but the incident shows that national reconciliation will not be easy..."
Source/publisher: "East Asia Forum" (Australia)
Date of entry/update: 2021-01-17
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Title: Myanmar’s cardinal calls on government to abandon violence
Description: "For 70 years Myanmar has been torn apart by ethnic conflicts, dictatorship and religious nationalism that have led to horrific bloodshed, death, destruction, slavery and abuse,” said Cardinal Charles Maung Bo of Yangon. The Southeast Asian nation of 56 million (map) is 88% Buddhist, 6% Christian, and 4% Muslim..."
Source/publisher: "Catholic Culture"
Date of entry/update: 2019-12-04
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Title: Charred bones of Karen rights activist found in Thai lake after five years
Description: "The burnt bones of an ethnic Karen community activist who disappeared in Thailand more than five years ago were found underwater in a national park, investigators said Tuesday, confirming his death for the first time. Rights groups say 30 human rights activists have disappeared or been murdered in Thailand since 2001, and the country is considered one of the deadliest in Asia for environmental defenders. Known as Billy, ethnic Karen leader Por Cha Lee Rakcharoen was stopped by local authorities at a checkpoint in April 2014 while travelling to meet Karen villagers who had accused officials of destroying their homes in Kaeng Krachan national park. Officials later said he was questioned for illegally gathering honey but released. Divers found his remains in a lake in the same park in April this year, and identified the bones using DNA from his mother. "We can assume Billy is dead, as these bones were removed from his body," Mr Korawat Panprapakorn, deputy director general of the Department of Special Investigation (DSI), told reporters. One bone was found in an oil drum while others were scattered around the lake..."
Source/publisher: "Frontier Myanmar" via AFP
Date of entry/update: 2019-09-04
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Title: Selection Process of New Commissioners for the MNHRC Must be Transparent and Inclusive - ကော်မရှင်အဖွဲ့ဝင်သစ်များ ရွေးချယ်ရေးလုပ်ငန်းစဉ် ပွင့်လင်းမြင်သာမှုနှင့် အားလုံးပါဝင်မှုရှိရန်လိုအပ်
Description: "We, the 24 organizations of the CSO Working Group on MNHRC Reform, call on the Selection Board to engage in a public, transparent and inclusive selection process to determine the next commissioners of the Myanmar National Human Rights Commission’s (MNHRC) when the current commissioners’ terms end in September 2019. Given Myanmar’s myriad of complex human rights issues and political realities, it is vital that the commission is reinvigorated with members who have the expertise, experience, and mindset to tackle pressing human rights protection issues and stand on the side of human rights defenders and rights activists. The current composition of the MNHRC has proved unable to adequately protect the rights of those most marginalized, especially in conflict-affected ethnic areas, as seen in the cases of Ko Par Gyi, Brang Shawng, and the recent investigation into the Kyauktan Massacre in Rakhine State which sided with the Myanmar military’s version of events of the murder of eight detainees, despite witnesses and survivors stating otherwise.[1] In 2014, seven of the current ten commissioners were selected upon the promulgation of the Myanmar National Human Rights Commission Law. According to the MNHRC Law, 30 potential commissioners are nominated by the Selection Board to the President who, in coordination with the Speaker of the Upper House and the Lower House, selects between seven and 15 members, and assigns the roles of both Chairperson and Vice-Chairperson. The term of a commissioner lasts five years and a commissioner can serve a maximum of two terms, meaning the current commissioners are eligible to serve a second term. However, trust between civil society and the MNHRC is low, with the current members backgrounds that include serving the former military dictatorship, a major reason. We believe that it is time to invigorate the commission with fresh motivation and energy with members who have deep understanding and commitment to human rights in Myanmar. In order to build this confidence of the MNHRC as an ally of the people, the selection of new members must also go hand-in-hand with reforms to the MNHRC Law so as to improve the selection process. The current composition of the Selection Board consists of a) Chief Justice of the Union, b) Union Minister, Ministry of Home Affairs, c) Union Minister, Ministry of Social Welfare, Relief and Resettlement, d) Attorney‐General of the Union, e) a representative from the Bar Council, f) two representatives from the Pyidaungsu Hluttaw, g) a representative from the Myanmar Women’s Affairs Federation and h) two representatives from registered Non‐Governmental Organizations. We believe that the composition of the Selection Board does offer guarantees of independence from either the Government or the military, and does not include adequate civil society representation. The presence of acting military personnel in the form of the Minister of Home Affairs on the Selection Board is particularly problematic as the military are the main perpetrators of human rights violations. Another major issue is the stipulation that representatives must come from registered NGOs, which is a problem in Myanmar where many rights-based civil society organizations are not registered due to restrictive legislation for independent rights-based organizations, and thus limits the participation of diverse civil society. While acknowledging the flaws in the Selection Board’s composition, a transparent selection process in which the public can engage and critique the criteria for selection and screen potential candidate is still possible. International standards on selection processes of national human rights institutions require “a clear, transparent, merit-based and participatory selection and appointment process.”[2] In order to do this, vacancies must be widely publicized, candidates must come from a wide range of sectors of society, the application, screening, selection and appointment process must include consultation and participation of the public and civil society, the applicants must be assessed “on the basis of pre-determined, objective and publicly available criteria,” and applicants must be chosen based on their individual capacity as oppose to the organization or institution they represent. We believe that the above components are possible in the selection process of new MNHRC commissioners and strongly urge the Selection Board to use this opportunity to reinvigorate the commission, and start to build trust with the public that the MNHRC can fulfil its mandate with qualified and progressive members committed to the protection of human rights...မြန်မာနိုင်ငံရှိ အရပ်ဘက်အဖွဲ့အစည်းပေါင်း ၂၄ ဖွဲ့ဖြင့် ဖွဲ့စည်းထားသည့် မြန်မာနိုင်ငံ အမျိုးသား လူ့အခွင့်အရေး ကော်မရှင် ပြုပြင်ပြောင်းလဲရေးဆိုင်ရာ အရပ်ဘက်အဖွဲ့အစည်းများ လုပ်ငန်းအဖွဲ့ (MNHRC Reform Working Group) အနေဖြင့် လူ့အခွင့်အရေး ကာကွယ်စောင့်ရှောက်ရေး ကိစ္စရပ်များကို ကောင်းစွာကိုင်တွယ်နိုင်မည့် ကျွမ်းကျင်မှု၊ အတွေ့အကြုံနှင့် အတွေးအမြင်ရှိပြီး လူ့အခွင့်အရေး ကာကွယ်စောင့်ရှောက်သူများနှင့် အခွင့်အရေးကို လေးစားလိုက်နာသည့် တက်ကြွလှုပ်ရှားသူများဘက်မှ ရပ်တည်မည့်သူများဖြင့် မြန်မာနိုင်ငံအမျိုးသားလူ့အခွင့်အရေး ကော်မရှင် (Myanmar National Human Rights Commission - MNHRC) အား ပြန်လည်သွေးသစ်လောင်းရန် အချိန်ကျရောက်ပြီးဟု ယုံကြည်ပါသည်။ သို့ဖြစ်၍ လက်ရှိ ကော်မရှင်အဖွဲ့ဝင်များ၏ သက်တမ်းသည် ၂၀၁၉ ခုနှစ် စက်တင်ဘာလတွင် ကုန်ဆုံးမည် ဖြစ်သောကြောင့် နောက်သက်တမ်းအတွက် ရွေးချယ်ခန့်အပ်မည့် အဖွဲ့ဝင်များကို စိစစ်ရွေးချယ်ရာတွင် လူသိရှင်ကြား ပွင့်လင်းမြင်သာမှုရှိပြီး အားလုံးပါဝင်မှုရှိသော ရွေးချယ်ရေးလုပ်ငန်းစဉ်ဖြင့် လုပ်ဆောင်သွားရန်ရွေးချယ်ရေး ဘုတ်အဖွဲ့အား မိမိတို့မှ တောင်းဆိုလိုက်ပါသည်။ MNHRC ၏ လက်ရှိဖွဲ့စည်းထားပုံမှာ ပစ်ပယ်မှုအများဆုံး ခံရသူများ၏ အခွင့်အရေးများအတွက်အထူးသဖြင့်ပဋိပက္ခဒဏ်သက်ရောက်မှုရှိသော တိုင်းရင်းသား နယ်မြေများတွင် ကာကွယ်စောင့်ရှောက်မှု အလုံအလောက်မပေးနိုင်ကြောင်းကို ကိုပါကြီးအမှု၊ ဘရန်ရှောင်အမှု၊ နောက်ဆုံးအားဖြင့် ရခိုင်ပြည်နယ် ကျောက်တန်း ဥပဒေမဲ့သတ်ဖြတ်မှုများက သက်သေပြနေပြီး ကျောက်တန်း ဥပဒေမဲ့သတ်ဖြတ်မှုတွင် မျက်မြင်သက်သေများနှင့် မသေဘဲကျန်ရစ်သူများ၏ ထွက်ဆိုချက်များ ရှိနေသော်လည်း ထိန်းသိမ်းခံထားရသူရှစ်ဦး အသတ်ခံရမှုတွင်မြန်မာစစ်တပ်၏ ဖြေရှင်းချက်များအတိုင်း ရပ်တည်ခဲ့ကြပါသည်။..."
Source/publisher: "Progressive Voice" via 24 Civil Society Organizations
Date of entry/update: 2019-08-06
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Title: Myanmar: Human rights violations affecting region and ASEAN must apply pressure, says UN expert
Description: "Human rights violations in Myanmar are creating increasingly serious issues for South and South East Asia, a UN expert said today, urging stronger action by regional countries to address potential peace and security concerns. Special Rapporteur Yanghee Lee cited the nearly 1.5 million refugees from Myanmar in Bangladesh, India, Indonesia, Malaysia and Thailand, trafficking and smuggling of people from Myanmar and the drug trade within and outside the region as examples of deepening concerns. Lee, the Special Rapporteur on the situation of human rights in Myanmar, continues to be denied access to the country and concluded her 11-day mission to Thailand and Malaysia today. “It is incumbent on Myanmar’s neighbours to acknowledge these most serious issues and that they have been created by Myanmar. The continuing gross violations of human rights in Myanmar jeopardise the lives of people around that country and relentlessly impact Myanmar’s neighbours in such a way that could threaten South and South East Asian peace and security.” The Special Rapporteur urged regional states to take a stronger position. “When states in this region engage with Myanmar, human rights should firmly be on the agenda. I therefore most strongly urge ASEAN (Association of Southeast Asian Nations) to prioritise human rights in Myanmar, and to hold the Government of Myanmar to its obligations to respect, protect and fulfil human rights.” During her visit, Lee received reports that the conflict between the Tatmadaw and the rebel Arakan Army (AA) rages on, and that human rights violations and abuses against the civilian population are worsening. The total number displaced by the conflict since January could now be as high as 55,000 across Chin and Rakhine States. “The situation is urgent and deserves more attention from the international community,” said the expert. The Government’s almost month-long mobile internet shutdown in nine townships in northern Rakhine and southern Chin was unprecedented and unacceptable, Lee said. “It is now monsoon season in Myanmar and there have been terrible floods in three townships in Rakhine State. There is no access to mobile internet in any of those townships, meaning that people were not adequately prepared for or warned of the floods that occurred. This has resulted in displacement and houses being destroyed.” Lee also spoke to people from Myanmar who have grave concerns about the way that hate speech and misinformation campaigns are being waged on social media. It appears that these campaigns are getting more sophisticated, coordinated and strategic, using coded language to get around content restrictions to continue to spread hateful messages. She said social media companies are taking inadequate and inconsistent action; anything done should be in a transparent manner and in close consultation with civil society and technology organisations in Myanmar. She was distressed that on her mission she received reports of women and girls, some as young as nine, being trafficked from northern Myanmar to neighbouring countries for sex work. Years of conflict in northern Shan and Kachin States has left families financially desperate, making women and girls vulnerable to human trafficking. The Special Rapporteur said it is incumbent on the international community to bring about criminal justice in Myanmar. She also said that victims need to receive reparations for the harm caused to them and they have a right to know the truth about what happened to them, their family members and their communities. Solid guarantees that violations that have occurred in the past, and continue to occur now, will not happen again in the future are also essential. “The first step for this to happen is for the Government and the military to reverse its stance of denial, and to recognise what the people of Myanmar have suffered at their hands. The countries in this region, and ASEAN, have a large role to play in persuading Myanmar to bring about this fundamental shift.” ENDS Ms. Yanghee Lee (Republic of Korea) was appointed by the UN Human Rights Council in 2014 as the Special Rapporteur on the situation of human rights in Myanmar. She is independent from any government or organization and serves in her individual capacity. Ms. Lee served as member and chairperson of the UN Committee on the Rights of the Child (2003-2011). She is currently a professor at Sungkyunwan University, Seoul, and serves on the Advisory Committee of the National Human Rights Commission of Korea. Ms. Lee is the founding President of International Child Rights Center. The Special Rapporteurs and Independent Experts are part of the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity..."
Source/publisher: reliefweb via UN Human Rights Council
Date of entry/update: 2019-07-19
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Title: Press Release: Ongoing UN and Japan Cooperation on Rakhine extended in 2019 to also support communities in Kachin and Shan
Description: ''The Government of Japan and eight United Nations Agencies today signed a US$ 37 million value agreement to implement humanitarian and development projects in Shan, Kachin and Rakhine States. The funding will enable the delivery of life-saving assistance, protection, trust-building initiatives and early recovery support to women, men, girls and boys across the three states. This important partnership builds on a US$ 20 million agreement that was signed in 2018, that aimed to assist half a million people in Rakhine State. “I thank the Government and people of Japan for their continued support to respond to immediate humanitarian needs and address the long-term development prospects in Rakhine as well as Kachin and Shan States,” said UN Resident and Humanitarian Coordinator ad interim Knut Ostby. “The UN agencies signing today appreciate the continued confidence of our partners that enable us to add urgently needed support for humanitarian activities in Kachin and northern Shan States to the ongoing humanitarian and development initiatives in Rakhine State.” The agreements were signed by His Excellency Mr. Ichiro Maruyama, Ambassador of Japan to Myanmar and representatives of the participating UN Agencies. UN bodies that receive contribution under the agreements include the International Organization on Migration (IOM), UN-Habitat, United Nations Development Programme (UNDP), the United Nations Population Fund (UNFPA), the United Nations High Commissioner for Refugees (UNHCR), the United Nations Children’s Fund (UNICEF), UN Women, and the World Food Programme (WFP). The Agreement was signed in the presence of representatives of the Union Ministry of Social Welfare, Relief and Resettlement and Union Ministry of Foreign Affairs...''
Source/publisher: United Nations in Myanmar
Date of publication: 2019-02-26
Date of entry/update: 2019-02-26
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Title: RCHC ai remarks at Japan grants signing 26 Feb 2019
Description: ''It is an honor to participate in this signing and exchange of notes ceremony which builds on agreements signed a year ago, on 22 February 2018. Allow me to thank Government of the Union of Myanmar and specifically Union Minister of Social Welfare, Relief and Resettlement His Excellency Dr. Win Myat Aye for leadership and partnership throughout this process. We look forward to continued strong leadership and partnership from the Government in the new phase of the programme. In 2018, we signed agreements totaling US$20 million that aimed to reach half a million people in Rakhine. This year, eight agencies – IOM, UN-Habitat, UNDP, UNFPA, UNHCR, UNICEF, UN Women, and WFP will receive will receive funding from agreements totaling US$37 million for humanitarian operations in Kachin, Rakhine and Shan, and development initiatives in Rakhine State. I thank the people and the Government of Japan for their continued support to allow the UN to respond to meeting the needs of vulnerable communities in the three states. I would like to recognize the indispensable role of His Excellency Mr. Yohei Sasakawa, Special Envoy of the Government of Japan for National Reconciliation in Myanmar, who led the efforts to forge this partnership that merges the strengths of bilateral and multilateral cooperation. Thank you also to His Excellency Mr. Ichiro Maruyama, Ambassador of Japan to Myanmar, for his tireless support to make this partnership happen. The Ambassador has always emphasized that the objective of this partnership is to benefit all communities in need. Finally, I would like to appreciate the work of the UN agencies who have been implementing the grants from the Government of Japan signed in 2018. They are IOM, UNDP, UNFPA, UNHCR, UNICEF, UN Women, and WFP. They have integrated their activities in line with the humanitarian-development-peace-human rights nexus to achieve better results. Their projects deliver simultaneously on tall three pillars of the UN Charter: peace, development and human rights. As Kofi Annan said: “There is no peace without development, there is no development without peace, there is no peace and development without human rights.”...''
Source/publisher: United Nations in Myanmar
Date of publication: 2019-02-26
Date of entry/update: 2019-02-26
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Title: Peaceful Critics Prosecuted: Repeal or Amend Laws Criminalizing Speech, Assembly
Description: '' Myanmar’s first democratically elected civilian government in decades has prosecuted large numbers of peaceful critics in violation of basic human rights, Human Rights Watch said in a report released today. Concerned governments should press Myanmar to protect the rights to expression and assembly, and reform laws penalizing peaceful speech to bring them in line with international standards. The 87-page report, “Dashed Hopes: The Criminalization of Peaceful Expression in Myanmar,” documents the use of broad and vaguely worded laws against activists, journalists, and ordinary citizens by Aung San Suu Kyi’s National League for Democracy-led government. While discussion of a wide range of topics now flourishes in the media and online, those speaking critically of the government, military, or their officials, as well as abuses in Rakhine or Kachin States, are frequently subject to arrest and prosecution. “Abuses against the press under Myanmar’s new government have been particularly striking,” said Linda Lakhdhir, Asia le" The report, based on interviews in Myanmar and analysis of legal and policy changes since 2016, examines the use of laws including the Telecommunications Law, Peaceful Assembly and Peaceful Procession Law, and Myanmar’s penal code. The government should stop using criminal laws against peaceful speech and assembly and undertake legislative reforms to better protect freedom of expression, assembly, and the media...''
Source/publisher: Human Rights Watch via " Progressive Voice"
Date of publication: 2019-01-31
Date of entry/update: 2019-02-07
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Type: Individual Documents
Language: English, Burmese (မြန်မာဘာသာ)
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Title: Myanmar: ICJ hosts workshop on strategic litigation, speaks on CSR at society forum in Mon State
Description: ''The workshop aimed to facilitate discussion on strategic litigation options for communities adversely affected by existing and proposed investment projects. The ICJ and civil society organizations have extensively documented how human rights abuses continue to occur in the context of business activities in Myanmar. Communities generally have limited understanding of their rights, while government actors and businesses regularly flout their legal obligations. The ICJ’s international legal adviser Sean Bain first set out applicable international standards, with a focus on the UN Guiding Principles on Business and Human Rights. He identified Myanmar’s nascent legal framework for environmental protection as a key area of law with potential to deter rights abuses. He noted that while in December 2015 the Government of Myanmar issued the Environmental Impact Assessment Procedure, its provisions are rarely followed or enforced in practice...''
Date of entry/update: 2019-02-01
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Title: Myanmar: creation of UN mechanism a step toward accountability
Description: ''“The creation of this evidence-gathering mechanism is a welcome concrete step towards justice,” said Matt Pollard, Senior Legal Adviser for the ICJ. “But this is a stopgap measure, effectively creating a prosecutor without a court, that only underscores the urgent need for the Security Council to refer the entire situation to the International Criminal Court, which was created for precisely such circumstances,” he added. The Council’s decision follows on conclusions and recommendations by the Independent International Fact-Finding Mission on Myanmar (FFM). The FFM’s 444-page full report described large-scale patterns of grave human rights violations against minority groups in the country, particularly in Rakhine, Kachin and Shan States. It also highlighted the need for criminal investigations and prosecutions for crimes under international law, something the FFM concluded that national courts and commissions within Myanmar could not deliver. “National justice institutions within Myanmar lack the independence, capacity and often also the will to hold perpetrators of human rights violations to account, particularly when members of security forces are involved. The latest government-established inquiry in Rakhine State also seems designed to deter and delay justice,” Pollard said...''
Source/publisher: International Commission of Jurists (ICJ)
Date of publication: 2018-09-27
Date of entry/update: 2019-01-31
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Type: Individual Documents
Language: English
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Title: Myanmar: ICJ hosts workshop on freedom of thought, conscience, religion or belief in Myanmar
Description: ''Freedom of thought, conscience and belief, often referred to as the right to freedom of religion of belief (FoRB) is considered by many to be one of the foundations of a democratic society. The workshop was aimed at discussing State regulation of religion or belief in Myanmar and included some 40 human rights defenders, lawyers and members of religious groups, from across the country. ICJ legal adviser Sean Bain introduced the right to FoRB under international law and standards – particularly Article 18 of the Universal Declaration of Human Rights, and Article 18 of the International Covenant on Civil and Political Rights. Mr Bain also discussed the complementarity of these articles with other rights, such as the right to freedom of expression, and highlighted the limitation clauses in the international treaties which provide a framework for resolving some of the tensions that can arise in specific cases. Michelle Yesudas, a Malaysian human rights lawyer, shared good practices and lesson learned from application of strategic litigation in FoRB related cases in Malaysian context and spoke about potential approaches and strategies that could be adapted in Myanmar context to push the legislative reform and enforcement of the law...''
Source/publisher: International Commission of Jurists (ICJ)
Date of publication: 2018-11-05
Date of entry/update: 2019-01-31
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Type: Individual Documents
Language: English
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Title: Myanmar: international accountability mechanism needed (UN statement)
Description: ''The statement, delivered during an interactive dialogue with the UN International Fact Finding Mission, read as follows: “The International Commission of Jurists (ICJ) has monitored justice and human rights in Myanmar for more than five decades. The ICJ has an established presence in the country supporting justice actors to protect human rights through the rule of law. With this experience, the ICJ views the Independent International Fact Finding Mission’s conclusions as painting an authoritative picture of the general situation in Myanmar, particularly in its highlighting of the pervasive damage of military impunity upon human rights, rule of law and the nascent democratic process. The rule of law cannot be established, let alone flourish, without accountability for perpetrators of human rights violations and redress for victims and their families. The Fact Finding Mission’s findings of crimes under international law, including crimes against humanity in Rakhine, Kachin and Shan states, and the identification of alleged perpetrators, necessitate immediate action...''
Source/publisher: International Commission of Jurists (ICJ)
Date of publication: 2018-09-18
Date of entry/update: 2019-01-31
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Type: Individual Documents
Language: English
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Title: UN HUMAN RIGHTS COUNCIL RESOLUTION ON MYANMAR STRENGTHENS UN MECHANISMS ON MYANMAR, BUT STOPS SHORT OF GOING FURTHER
Description: "(Geneva, 23 March 2018) Today the UN Human Rights Council adopted a resolution on Myanmar with 35 states voting in favour 5 against and 10 abstaining in the 47 member body.[1] The resolution maintains and strengthens existing human rights mechanisms on Myanmar which is a positive development. However, despite the dire situation on the ground, the resolution merely extends a cautious acknowledgement of proposals for accountability measures, including the authority of the Security Council to refer the situation to the International Criminal Court. ?While it helps in laying some groundwork for future accountability and strengthens mechanisms the resolution fails to change the status quo on what has been described by UN experts as a situation that bears the hallmarks of genocide,? says R. Iniyan Ilango of the Asian Forum for Human Rights and Development (FORUM-ASIA). ?Despite strong rhetoric, UN Member States have stalled on decisive action and passed the buck between various UN Mechanisms and Bodies in New York and Geneva, allowing for serious violations to continue in the meanwhile. The Human Rights Council is the only UN body that has been able to take some action and in this context strengthening of human rights mechanisms on Myanmar is welcome.?.."
Source/publisher: ASIAN FORUM FOR HUMAN RIGHTS
Date of publication: 2018-03-23
Date of entry/update: 2018-04-04
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Type: Individual Documents
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Format : pdf
Size: 146 KB
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Title: REGIONAL MPS URGE MYANMAR PARLIAMENT TO REJECT AMENDMENTS TO PEACEFUL ASSEMBLY LAW
Description: "JAKARTA, 12 March 2018 ? Lawmakers from across Southeast Asia expressed serious concerns today over new, restrictive draft amendments to Myanmar?s peaceful assembly law, and urged members of the Myanmar Parliament?s Lower House to reject the proposed revisions, following the Upper House?s passage of the amendments on 7 March. ASEAN Parliamentarians for Human Rights (APHR) said that the draft amendments to the 2011 Peaceful Assembly and Peaceful Procession Law would place further burdensome restrictions on the right to free assembly and expression and constituted a step in the wrong direction for Myanmar. ?If passed, the amendments would not only stifle freedom of expression and peaceful assembly, but would also mark a significant shrinking of democratic space in Myanmar,” said Philippine Congressman Teddy Baguilat, an APHR Board Member..."
Source/publisher: ASEAN Parliamentarians for Human Rights (APHR)
Date of publication: 2018-03-12
Date of entry/update: 2018-03-24
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Type: Individual Documents
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Format : pdf
Size: 129.63 KB
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Title: Shadow NBA on Business and Human Rights
Description: "Myanmar?s transition from the military junta to democracy that started in 2011 gained ground when the National League for Democracy (NLD) led by Aung San Suu Kyi took office in April 2016. However, the military elite still maintains extensive economic and political power. The military presides over the ministries of Home Affairs, Border Affairs, and Defense, and holds effective veto power over constitutional changes. The legal and economic reforms that accompanied the transition have not yet addressed holdover problems from the military rule. The rule of law, including the administration of justice and law enforcement, remains weak. Corruption is endemic. Discrimination and abuses against women and ethnic, religious, and sexual minorities continue. Human rights abuses linked to business activities are routine. Meanwhile, the government is actively pursuing new economic opportunities and foreign investment, which has hit record high in recent years. It is thus urgent to close gaps in laws, policies, and practices so that businesses operating and investing in Myanmar do not further threaten human rights..."
Source/publisher: Altsean-Burma
Date of publication: 2017-12-08
Date of entry/update: 2018-03-21
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Type: Individual Documents
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Format : pdf
Size: 2.18 MB
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Title: Death, Lies, and Videotape
Description: Death, Lies, and Videotape "David Scott Mathieson explores the pernicious effects of fake news on complex conflicts... The shaky mobile phone footage of Myanmar army soldiers questioning and beating men wearing civilian clothes shocked social media followers in recent weeks. Rights groups seized on the 17-minute long footage, claiming it demonstrated ongoing abuses by the military, or Tatmadaw, especially as government, military and ethnic armed groups leaders were meeting in the capital Naypyidaw for the Panglong 21st Century Peace conference in late May. There is no denying the brute force impact of the footage, with soldiers striking handcuffed men with helmets, kicking them, and threatening them with sharp weapons, whilst demanding information, in Burmese, and through interpreters in Palaung, on suspected hidden weapons. Rights groups quoted in The New York Times claimed the footage was taken in recent days or weeks, yet it was determined subsequently to be two years old, pointing to the perils of premature social media posting of conflict reports..."
David Scott Mathieson
Source/publisher: teacircleoxford
Date of publication: 2017-07-24
Date of entry/update: 2017-07-28
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Type: Individual Documents
Language: English
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