A Review of Burma’s Obligation to CEDAW

31 May 2003

I. Situation Analysis:

The plight of women and children in Mon State and Southern Burma is under serious concerns for their health, education, social welfare and family planning after the country has faced social, political and economy crisis for over fifth decades. Many of women and children in rural areas have lack of basic education and sometimes most of old women even could not sign their own names on official paper. After Burma has engaged into civil war and military rule for over four decades, many of women have faced a particular problem. It is not a family relationship but it is “Women Rights” issues to ensure for them to work, earn and save money for bearing children. Overall, women are denied to be ownership of their historic lands and farms. They are still denied to have a place in decision making in the community and national political environments.

WCRP (Women and Child Rights Project) has tackled a few fields for a promotion of Women and Child Rights in Mon State and Southern Burma last year. We have experienced that we have been discriminated by fellow men with various means based on traditons and customs especially by Burmese soldier. We have found that many women and children in rural areas, especially in conflict zones are / were more disadvanages than women in urban areas. They were displaced, raped, abused by Burmese soldiers, policemen and border based Immigration Policemen. They have no place to seek help in the country unless mambers of family have capacity to deal with cases. Women in rural areas have no much choice but fled to border areas then to Thailand for survial and sanctuary. They once again face nightmare in unsafe environments both on the border areas and in Thailand as illegal migrants to the Kingdom.

For a better future of women, they must have a “say” in decision-making process both in the community and political levels. Unless women have the rights to make a decision, the crisis of the country has yet tackled seriously towards democracy and modern nation, as claimed by the current ruling junta, State Peace and Development Council (SPDC).

Women and children are at risk in rural areas especially in armed conflict zones in Mon State and Southern Burma. They are being raped then displaced from native birth places. Young girls are mistreated at private sex hostels and some of them left an illegal sex work with pregnancy. Local policemen, militiamen, immigration officers and headmen are corrupted for personal profit to bring home and feed families. Old women and children are forced to work in building Burmese military camps in local areas after it has extended over ten camps in Mon villages and towns around Ye Township, southern of Moulmein, the capital city of Mon State.

Women and children have no safe place in remote areas while their husbands or parents are away from the jungle house. If there is no protection by local Mon soldiers or other revolutionary groups, they could not sleep over night in the jungle houses if they fear a potential attack by the Burmese soldiers.

As local Burmese authority corrupt and maintain no such rules of law in rural areas, women who left home to Thailand are abused verbally as “ashame” and accused them as prostitutes to foreigners. They are banned to receive national ID cards if the authority found she / they have been to Thailand during the immigration department issued ID cards for adults. Unless local women and men bribed the local Immigration Department they will be received national ID cards. A discrimination against local women has gone further toward local non-Burma women in Mon State and Southern Burma.

Illegal sex dealers and hostel owners take the grant by forcing girls to serve 5-7 customers in local towns. Local policemen, intelligence officers and high rank Burmese soldiers alike have enjoined free sex to local sex workers. Dealers or hostel owners have offered them free as officers allowed them for an illegal sex license in local towns. Girls have no much option for employment for survial but they have no much choice to feed the stomatc. So they accepted illegal sex work in towns. Instead of leaving to Thailand, a few girls took the risk while they still can earn cash to feed poor family.

Parents have disappointed with the school system in the country while their children have not received sufficient education from the government schools Local teachers and school council have prioritized their private tuitions in towns and only attend part time teaching in the class. Children are forced to leave school before year fifth because parents are no longer could financially support for corrupt school system.

II. Raped: No Legal Punishment

Burma, as a male domains society has placed women to live with fear. There are many untold stories of rapes and domestic violent in the country. The Mon News Agencies have covered occasional reports on rapes, forced sex workers in Mon State and Southern Burma. As many Burmese soldiers, policemen and local Immigration Officials in Mon State exercised a practice of corruption and bribery, most human rights violations in the rural areas have closed down the cases and no further appeals can be made by the victims.

A few rape cases have committed by Burmese soldiers in Mon State and Southern Burma for many years. However, there is / was no reporting system or channel of communication to international community especially to Office of High Commissioner for Human Rights in the last many decades.

Human rights violators have not been punished by the State legal proceeding while a legal system is broken under the hand of ruling Burmese military government in the country as well as powerless in Mon State. If violators are seriously committed crime in the case of State soldiers, army officials, local authority and members of military personals, the case may be brought to the court but there is no access for hearing. The court is only worked for the sake of ruling military junta. Most State soldiers have sanctuary when they are reallocated to other regiments in the country if they are found committed human rights violation.

Victims could not have an access to find legal action to sue Burmese soldiers (State soldiers) if they do not speak Burmese language. They sometimes reported to local members of Mon National Liberation Army and other Karen National Union officials in the region for help. However, the evidence has proved that a chance of receiving compensation and legal action to against the Burmese soldiers is rare and mostly the case only finished without legal punishments. Most rural women have no legal aid from the local government for preparing a case after they have raped and abused by Burmese soldiers. What is more, lawyers of Burma only can work under a strict guideline of the State and they have no freedom of conducting legal action to against the violators. Mostly, secret police agents always present in the hearing court if the case is linked to the government agencies. National Human Rights Committee has formed with members of Burmese military personals and public servants in the country. The committee has yet conducted a proper investigation on human rights violations in the country.

Rape: Case One

Miss Ei Zar age 16, was raped by Thein Naing (Army No Ta 176399) at her grand parents’s house on May 22, 2002 at (4.00 AM local time) at Kalein -pa -daw village, in Thanbyuzayat Township, Mon State while she was preparing meal for the Buddhist monks in the morning. After a Burmese soldier raped her, her father, Mr Nai Kun Kyit, secretary of the village asked for help to neighborhood. He was killed by the soldier. Then a fighting between soldiers occurred in the house then killed Mi Zar (16), Mrs Daw Kun Boh (65), wife of Mr Kyit, Mr Wet Tey (41), a hired worker, Min Chit Thau (10), grand child of Mr Kyit were killed. Criminal private Thein Naing (18) also injuried to the fire.

Despite it was a crime and utterly human rights violation towards local Mon people and local farmers by the Burmese soldiers, local Burmese Army LIB No (62) based in Thanbyuzayat released the news that it was a fighting between an insurgent group and the Burmese army in order to close down the case. Local member of New Mon State Party has lodged a formal legal action to punish the criminals but there is no confirmed information have been released to the public in regards legal proceeding to violators, Burmese soldiers.

When ordinary soldiers have committed crimes and human rights violations in rural areas, top Burmese army officials took the cases to their hands without legal proceeding in the public courts. They only made own judgment to the cases without consents from the victims and related members of the family. As there is no local human rights defenders and commission in the country in Burma, women and young girls in rural were denied to speak for their rights despite they are being raped.

As there is no local protection by the government, women in rural areas are always on the target of rape by Burmese soldiers in Mon State and Southern Burma. An opportunity of rape is well established by the soldiers either when men are away from home and women are only live in farms and bush villages.

Rape: Case Two

A well known rape case also has documented in the New Mon State Party’s human rights report in 2002. The report said that on January 5, 2002, at (1800) local time, Coporal Kyaw Myint, member of Burmese Army LIB No (61) raped Miss Htaw Yin, a daughter of Mr Nai Maung at Zone-na-thar village in Ye Township. The case has brought to legal action to against the violator to local No (5) Burmese Military Intelligence Unit for a further investigation by the NMSP local officials.

Rape: Case Study Three

The Mon Forum, a monthly human rights report for Mon State and Southern Burma has documented a number of cases on rapes, sexual abuses, discrimination against women and children to forced labor and displace them from their native villages. The report said that on June 7, 2002, Captain Aung Myint, from Burmese Army LIB No (34) raped Miss Naw Win Yee, a 27 year old Karen married women at Phar-pya village in Kya-inn- seikyi Township, Karen State.

A few married women whose husbands are away from home to farms and work in other locations live with fear while they are alone at home. Burmese soldiers have kept an eye for an opportunity of rape to those women whose husbands are away from home.

In southern Burma, especially in Mon State as a fighting between various armed resistance organizations and the government army still takes place in rural areas, women have lived with fear of kill, rape and displace from home for over many decades.

Rape: Case Four

On July 8, 2002 three Burmese soldiers from LIB No (587) arrested an 18 year old girl near Kun Doo village in southern Ye and committed gang raped case. They repeatedly raped Miss Mi Khin Htaw who is daughter of Mr Nai At until she lost consciousness, Human Rights Foundation of Monland (HURFOM), a border base human rights defenders for local people in the region has covered the story reported in January 2003.

Rape: Case Five

On January 17, 2002 Sergeant Zaw Moe raped Miss Sein Hla 30 year old at Zar-tha-pyin village in Pa-an Township, Karen State. It is a Mon population reside village and Miss Hla and her seven year old child returned home from the VDO show shop and Zaw Moe kidnapped her on the way then shown her a gun if she shout. He raped her on the street. The child was crying on the street and local men turned the light on to the child then found a rape on the spot. Local relatives appealed to headman for legal action but Miss Hla and her relatives were again threaten for death-threat by officials from Burmese Regiment No (851). They then are forced to close the case to against for legal action to violator and received no compensation, According to report of local monthly Newspaper, Guiding Star.

III. The Failure of National Women’ Affairs Committee

Despite the current ruling junta has established “National Women’ Affairs Committee” led by Mrs Daw Khin Win Shwe, wife of senior Military Intelligence Chief, Lt Gen Khin Nyut to comply the implementation that the country has ratified to the CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) on 22 July in 1997. However, the committee has not yet tackled a contractive task forces to rural areas in Mon State where a measurable abused towoward women have occurred for over a decades. A few workshops have conducted in small towns and the committee urged for prevention to women for not leaving to Thailand.

Traditionally, women in Burma felt so much “ashame” if they were raped by men in the community. They only quietly told the stories to close friends for relief in some cases, they even do not tell their own family as they perceive as it is also “ashame” for the family members. However, National Women’s Affairs Committee does not create a system that the women can appeal for legal actions against violators.


IV. Illegal Sex Services

After Burma became under-developed country in late 1987s then turned to modern market economy in late 1990s, no strong regulations have yet implemented in the country to boom local business but illegal businesses are in danger for social cohesion. A few cease-fire organizations also engaged in border trade during dry season between (September-May) in border areas to Thanbyuzayat Town that only takes seven hours drive from Three Pagoda Pass.

Burma is a country of lawlessness for over forty years after the military rules controlled the country in 1962. Hereafter, local policemen, militiamen and private soldiers acted unlawfully to civilian with an accusation of “rebel supporters” for the last many decades. After 1988 nation-wide uprising in the country, many women lost their sole husbands who fled the country to joint armed resistance in border areas. Thousands of young men and students also fled to the border areas for anti-military rule in the country. Consequently, a great number of women have struggled for family survival.

After 1990s, the ruling junta controls political activities and leave other social aspects behind the national agenda. As there is lack of employment in towns, a few young girls are forced to secretly work as illegal sex workers in major cities such as Ranoog, Madalay, Pegu, Moulmein and other part of Mon States to feed family and survival. Local policemen and militiamen again take an opportunity to make a deal with sex dealers in towns for illegal sex license in private houses or hostels. Women sex workers only receive 10:3 % per customer while they must serve free to local policemen, militiamen and some times top army official with plain -clothes.

Both local hostel owners and brokers have more benefits than sex workers who served three-five customers a day. To be named for a few hostels in towns; Than Lwin Hotel and Ngwe Moe in Moulmein, Kabyar Ser Yeik Mhome near railway station in Ye, Central Market in Tavoy. Many Karaoke and local drinking shops (bars) have under age girls who serve customers and they have received commission for arrangement to contact “on call sex” to private prostitutes in towns.

A few young girls have contracted to work in restaurants and kareoke shops in towns with Kyat 4000.00 per month and they mostly work over ten hour a day. Most sex workers have not aware a transmission disease of HIV/AIDS by various customers as they have lack of education on health by the government. The Ruling military government has posted banners and posters alike in towns for a notice board but there is no greater effort to tackle such a disease. As there is no social welfare or social security benefit for unemployment in the country, women and girls who have no supports from the family and relatives for a substantial jobs in urban areas are forced to accept illegal sex services for survival.

Case One:

According to Guiding Star, local Mon Newspaper published on December 2002, local illegal sex business dealers (hostel owners) paid Kyat 50000.00 to local police officers for an illegal business license in Thanbyuzayat Town, southern of Moulmein, capital city of Mon State. The worse scenario is that local policemen and military intelligence officers as well as local militiamen unit paid no fee for sex to women in the hostel. The owners of the hostels only kept mouth shut for a deal. Not only many young girls but in some cases, married women are forced to work in private hostel when husband failed to fulfill cost sharing to the family. As women have lack of income at home and no substantial employment in town, they are forced to work in many hostels in Moulmein, Ye, Thanbyuzayat and other part of Southern Burma.

Case Two: Ngwe Moe Hotel and Sex Workers in Moulmein

Retired Burmese military servants and senior official of Southeast Military Command in Moulmein has opened a local hotel as its is named “Ngwe Moe” in Moulmein. There are many illegal prostitutes in towns who served customers “on call” as it is known in local term “Receive Order”. Girls must pay one of third (1/3) of her income per customer to the hotel owners that owned by retired military servants and senior military officials. According local tri-shaws rider, upper class girls are charged Kyat 10000.00 and middle class (phisically unattractive) are charged Kyat 3000.00. Grils who work at Ngwe Moe Hotel come from middle level family. The enjoyed easy money in town. Major customers are military personals, policemen, return soldiers from the frontlines and local authority. Only rich men and corrupt officers could afford to buy sex, local Mon Newspaper reported.

There is another hostel that also available for sex on arrangement. It is called ‘Ramanya Guest House” in Moulmein.

Case Three: Ka Bya See Yeik Mhom Hostel and Sex

Local headman Mr. U Thog openned a hostel in Ye Town, southern of Moulmein. Over ten young girls work in the hostel both for massage and sex. Most girls come from other cities such as Rangoon. The Hostel has ten rooms. He can open the hostel because he is local authority, local resident said. He re-named the hostel as new name “ka bya serr yeik mhom”. An old name was “shwe hin thar hostel”. Girls are often transfered and new face arrive to town almost every month, the local resident said. There is another sex hostel in Ye town with a name of “Lin Kareoke” run by Major Lin Oo, a Burmese high military officer in town.

V. Child Welfare at Risk

Children in rural areas in Mon State and Southern Burma have suffered worse than children who grew up in urban areas. Childrens those whose fathers lost either in civil war or killed by Burmese soldiers with a wrong accusation of rebel supporters have no much hope for future but remain in rural areas especially in refugees camps. Many widows and their children have no much choice if there is no further support from relatives then they left home to refugee camps and find other employments in Thailand via migrant workers’ unauthorized agents on border areas. Those children who have fled home villages to Thailand could not learn for formal education.

Many families in Mon State usually have large number of children while their financial circumstance is weaked. Consequently, a few children are forced to leave schools before they finished year fifth-sixth then work at farms, local street shops and live stocks in rural areas. As they missed an opportunity for formal education in rural areas in some cases including children in urban areas finally leave to border areas then Thailand for survival.

A few local Buddhists monasteries (a free education institute) in Mon State have adopted a new education system that meets the need of local children to gain basic skills on trades, administration, writing poetry and publications. Only those childrens who have received relevant education and measurable skills from the monasteries have managed to establish private (small business) in rural areas rather than leaving to neighbouring countries for works.

Case one: Compulsory Fee for Dancing Dresses

According to a local resident from Thanbyuzayat town in January 2003, local school council imposed to year ten students for purchasing dancing dress that costs Kyat 10000.00 to joint school ceremony. Most local parents have no sufficient cash on hand to buy the dresses for their childres. However, as it is a compulsory for every parent in town, many poor parents borrowed money from neighborhood according local custom with fix interest rate.

The school council in Mon State as well as in other part of Burma technically works under a guideline of the ruling military government. As there is no Students’ Union or Association of Students in the country, both students and parents have no communication acess to school council to have a “say’ on decision making process for public ceremonies. To challange this kind of discrimination in towns, Mon Teachers Association based in border areas under the administrative of New Mon State Party has campaiged for the rights of child to receive free basic education in the State regardless race, sex, religion and nationality.

VI. The Failure of Myanmar Maternal and Child Welfare Association:

Myanmar Maternal and Child Welfare Association (MMCWA) was establised some years by Rangonn government to tackle to plights of women and children’s social welfare in urban areas. The association does not have capacity to monitor or contribute services to rural areas in Mon State and Sounthern Burma. The ruling military government regards to local social welfare and community based associations as “black and illegal” unless they have registerered to the government for an association licence. Consequently, the role of civil society in Mon State as well as in other part of Burma is weak and unable to tackle local community development.

VII. Ethnic Children Education at Risk:

Children education is under threat both in rural and urban areas in Mon State and Southern Burma under a corrupt education system. Local news service, Independent Mon News Agency has reported such a wrong doing of local teachers and school committee.

The New Mon State Party, a Mon nationalist polical party with its armed force Mon National Liberation Army could no longer tolerate the abuse of children for the rights to education. The late President of the party Mr Nai Shwe Kyin formally lodged a letter to Chairman of State Peace and Develpment Council to Rangoon headquarter in 26 August 1998 and he has demaned for the rights of child. According to his official letter to the Burmese ruling junta;

1. The Mon language is an ancient language that has been used as offical langauge under administrative of Burmese King Anoratha and Kyansittha as the history has proved for the last cecturies. However, it is seemed that the language itself nearly disappear in the community.

2. After Burma gained independence, the goverment of Burma led by Anti-Facist People’s Freedom League (AFPFL), the government has granted to teach Mon langue in the government schools from primary level to middle level (year one to eight) with the support of the government that employed Mon teachers.

3. On June 28, 1995, on the occasion of cease-fire talk process, First Secretary of SPDC/SLORC Lt Gen Khin Nyunt has addressed and instructed to Ministry of Education and Department of Basic Education (ref:03/08/95) for granting to teach Mon language after school hours at government schools in Mon population residents (Mon, Karen States and Tenussoum Division).

4. However, an order that made by Kyaukmayaw Ma Yaw Township Peace and Development Council dated on (03/07/96), a teaching Mon language is neither permited to exercise in the government school nor during school hours. The order said that a teaching of Mon language should operate outside the campus of government schools. Then, the Mon State Peace and Development also issued an order that said only to teach Mon language outside the government schools. Therefore, during 1996-97 a teaching of Mon language have operated in local community halls such as (monasteries, community halls etc). Despite a teaching is used the text books of the government that have been translated into native language except baisc reading Mon scripts outside schools conpounds, an order was made by the Mudon Township Peace and Development Council (dated on 06/07/98) that said a teaching Mon languae is banned in the twonship. In regards this matter, senior members of New Mon State Party met senior officials of Southeast Command (in Moulmein) to solve the matter mutually.

5. Hereby, as the government has implemented “Four National Causes that included “to build unity of nationalities and to gain national reconciliation” in the country, it is to be considered that a teaching of Mon language is appropriated in order to maintain historical heritages of the Mon. We therefore request two proposals to be considered by the ruling government;

1. to be granted a permission a teaching of Mon language and scripts at government schools
2. to be granted a permission for the Mon population to build own schools in the community with self-help programs.

The letter was signed by the late president and forwarded to eight departments and government agencies including military intelligence officials. However, a teaching of Mon language and scripts for children is still under strict controll by the ruling government. Non-uniform military intelligence officers, local policemen and military informers frequest visit to local community halls, monasteries and private classrooms in Mon State for searching a sense of anti-government contents that they assume local Mon teachers might teach to children.

VIII. Women Welfare at Risk

The rights of women and childrens have been advocated by local women activitists under leadership of Mon Women Organization (MWO) in Mon State and Southern Burma. After ten years of advocacy undertaken by the organization in the territory, especially under a controll areas of New Mon State Party, the organization is now well established projects to foster women and child rights in the community. According to its report, on November 28, 2001, the organization has undertaken projects on Women Capacity Building Training, Basic Language Programs, Childcare Centre, Weaving (dress making) Training and Non-Profit Gifts Shops. It is a well established program with the support of New Mon State Party and other local Human Rights Organization.

Women who are under risk those have no access to local government services rely on the assistance of border based organizations; Mon National Relief and Development Committee, Mon National Education Committee, Mon Women Organization and Human Rights Foundation of Monland. Despite these organizations based in border areas, they have access to rural population inside Mon State and Southern Burma to foster the rights of children.

Burma has no Adult Education Centre in rural areas and only a few technical training schools in urban areas that are domained by the public servants and military personals. Uneducated rural population have no formal training and skills to find employment in towns. Many married women are only waiting deposit cash from neighboring countries whose husbands work in aborad. If there is no regular cash flow from overseas through black market and border exchange agents, they have to pull out children from basic educational schools and leave them at farm to work for the family.

Case One: Collect Cash for Building Hospital in Ye

In July 2002, Major Ye Win, a commander of No (19) Military Operation Command based in Ye Town imposed local residents to pay cash for building new hospital in town. He ordered each village in the surrounding area at least Kyat-50000-100000.00 comsulsory to pay the government for building and repairing local hospital. He has collected over Kyat five millions and only offered less amount to local Health Department. Local population still have to buy medicines for treatment despite they have paid for the facilities.

Case Two: Forced Women to Attend Militia Training in Yebyu

In September 2002, Burmese Regiment No 282 and 473 based in Yebyu Township in Tanimsarim Division ordered local men and women to attend training for local militia. Married women with children were urged to participate in seven days training. Local militiaman Mr Nai San Yee, a retired Burmese soldier was incharged for the training to local villages. The purpose of the training is for anti-insurgent groups in local areas. Villagers are assigned to serve local security unity but the Burmese army did not install arms for them for a protection.

Case Three: Detained and Tortured Villagers for Leaving Native Village in Tavoy

Local Tavoy Policemen arrested eleven people including women at Aung Zetanar Guest House on June 9, 2002. Policemen fined them for leaving their native to Kaw-thaung, a border town between Thailand and Burma in the south of Burma. Police officers fined them for Kyat 12000.00 for release. After they could not pay for fine, all of them were beaten and abused while two young boys were seriously injuries. They are; Mehm Kyi Soe (17), Mehm Mon Myaing (17), Mehm Ye Win, Mehm Kyaw Ko Ko who live in Mudon Township in Mon State. They were sentenced for six months jail on July 14, 2002 for breaking the rule of law. Policemen charged them as an attempted leaving the country illegally.

“The Plight of Women and Children in Burma” (Issue No.2/2003) - Women and Child Rights Project (Southern Burma)
http://www.rehmonnya.org/wcrp_report.php?category=wcrpreport