Preface
By
H.E. Dr. Sein Win
Prime Minister
National Coalition Government of the Union of Burma
Drawing Attention to a Lesser Known Problem
Gross human rights violations in Burma are well known globally. What is not known in greater detail, however, is the far reaching impact the Burmese military regime's appalling policies have on many young people in the country. It wasn't long ago when university students had no schools to attend because schools, considered hotbeds of student activism, were kept closed for many years. Despite high-sounding statements by the generals today about how education and human resources are important for the future of the nation, they showed no qualms in closing down schools. Today, major institutes of higher learning, particularly in Rangoon, have been divided into many smaller and isolated campuses in order to prevent student activism.
The generals' concern for their own survival far outweighs the interests of the people or the nation. That has been the reason why the military regime spends almost half of its national budget on unnecessary grandiose projects like a nuclear reactor and on military hardware, including purchases of warplanes, at the expense of the socioeconomic needs of the people.
Children have become the main victims of the generals' neglect of the country's social sector. The UNICEF's annual report, which lists Burma 190th overall in health system of 191 countries surveyed, says that of the 1.3 million children born ever year, 92,500 infants will die before they reach their first birthday and 138,000 more will expire before they are five. The situation is worse for children from ethnic groups who have little or no access to health care and immunization. Latest surveys say there are an estimated 14,000 children with HIV and another 43,000 are AIDS orphans in Burma. Today, according to Coalition to Stop the User of Child Soldiers, there are an estimated 50,000 child soldiers in Burma.
Hence, the Human Rights Yearbook this year, in addition to documenting the usual human rights abuses, has been dedicated to children of Burma with the hope that their plight will draw the attention of the world to the other problems that a country faces under a regime that is more interested in self-preservation than in the betterment of its people.
Acknowledgements
To the people whose stories fill these pages, I salute and honour you and my pledge to you, your families and to the families of people who have died as a result of human rights violations, is to continue to work to bring an end to your pain and suffering, by working to usher in a system of government that will accord maximum protection and promotion of human rights and provide a mechanism for complaints so that justice will be done.
I wish to express my heartfelt thanks to the members of the Norwegian Burma Committee for their unwavering support in making this Report possible. In addition, I would like to thank all the ethnic organizations and the many individuals who supported this project. Sincere thanks also to all those people who helped prepare this book for publication, and many individuals whose names cannot be mentioned but whose contribution cannot go unnoticed. The very existence of the Human Rights Documentation Unit (HRDU) would not have been possible without the assistance of these friends of Burma. The emergence of the HRDU has given me a wonderfully satisfying opportunity to work closely with organizations that are noble and just and have demonstrated profound compassion for the people of Burma.
I wish to put on record my deepest gratitude to the KHRG, KIC, HUFOM, SHRF, SHAN, CHRO, KNAHR, BWU, MICB, CIDKP, AAPP, BLSO, THRF, TIR, FTUB and the YOMA-3 for their enthusiastic assistance and cooperation for the publication of this book. I also would like to express my gratitude to the NCGUB and its associated bodies which generously assisted the publication of this book.
Dr Sein Win, Prime Minister NCGUB’s Council of Ministers for his unwavering support of for both the principles that caused the NCGUB to establish the HRDU and its ongoing work. The Prime Minister recognizes that any form of government, even a democratic one, must have an institution to monitor, report and educate about human rights and also to provide a mechanism for complaint when human rights violations occur.
Dr Mike Hayes for his proof reading contribution.
To Sai Soe Kyi, Kyaw Swar, Tom Somchai, Anji Hamilton and Chris Sivret staff of the HRDU my sincere thanks for the work and effort that you put into the HRDU with each playing a complementary role that supports the efforts of the HRDU so that this publication can ensue.
Thein Oo
Minister for Human Rights Affairs (NCGUB)and
Coordinator
Human Rights Documentation Unit
CO-ORDINATOR’S COMMENTARY
The emergence of a people’s parliament is of paramount importance for Burma, as is a constitutional settlement, as the only hope to resolve the political, social, economic and human rights violation problems that are currently plaguing the country. It has been over fourteen years since Burma has had a constitutionally convened legitimate government and parliament.
The people of Burma, exercising their human right as articulated in Article 21 of the Universal Declaration of Human Rights (UDHR) to choose their political and parliamentary representatives in the 1990 general multi-party democratic election, overwhelmingly chose the members of the National League for Democracy (NLD) to lead them in government. The NLD won over 80 percent of the seats, which is 392 of the 485 seats contested.
The military authorities, in addition, have not only denied Nobel Peace Laureate Daw Aung San Suu Kyi and other political leaders and elected people’s representatives freedom of assembly, freedom of organization and movement, they have used pressure and threat to coerce people into attending lawless orchestrated “public rallies” where, in violation of the Universal Declaration of Human Rights Articles 19 and 20, the people are made to shout and call for the dissolution of the election-winning NLD party, and further to make petitions and declarations of withdrawal of support for the people’s representatives.
Over twelve years has passed, yet the parliamentary representatives whom the people have chosen have been prevented from convening parliament. SPDC tactics to prevent this range from — intimidation, pressure, forced resignation, illegal arrest and imprisonment — all directed against the people’s representatives and sometimes their families.
The State Law and Order Restoration Council recast as the State Peace and Development Council has undertaken such actions, only plausibly aimed to deny the citizens of Burma the right to run their own political lives through the representatives they have freely chosen, thus, blatantly contravening and disdaining the UDHR.
Furthermore, human rights abuses of all kinds including forced labour, forced relocation of people from their ancestral lands, persecution and torture etc, are taking place at an alarming rate in the SPDC ruled Burma, a country where rule of law is marked by its total absence. The SPDC shamelessly flouts human rights instruments and norms.
The human rights abuses or more correctly the people’s stories of suffering and survival in this book are a presage of the worsening human rights violations that beset Burma, despite widespread international condemnation. Burma needs sympathy and action from the human rights-respecting and democracy-cherishing people of the international community, and also from the international organizations both governmental and non-governmental, to bring an immediate cessation to the evil perpetrated by the SPDC. This, in fact, is the reason why human rights abuses in Burma are documented and The Human Rights Yearbook compiled.
THE REPORT HIGHLIGHTS
The report as it names suggests is the compilation of human rights violations that were committed primarily in 2001. However as the 2001 Yearbook is published later in 2002 and as a number of significant events have taken place, such as an announcement of ‘talks’, Daw Aung San Suu Kyi’s release, the publication of the License To Rape Report and the HRDU’s preparation of the Impact of Armed Conflict on the Children of Burma Report, mention of these are also included in the Yearbook.
(Women) LICENSE TO RAPE
“While the troops from LIB 225 searched the villagers’ belongings and questioned them, Captain Myint Lwin picked out 3 women from among the villagers, took them to a separate place and interrogated them. One of the troops said to the truck drivers, “We received an order from our superior to keep the 3 women here until we learn more about them, and they may be released by then,” and ordered them and the other villagers to go on their way. A captain brought them into his bedroom one at a time and raped them. After he had raped all 3 women, he let his close subordinates rape the women. Later all the 21 soldiers manning the checkpoint raped the women (case 157).” [see report details below (pp 20-21)]
The Shan Human Rights Foundation (SHRF) and the Shan Women’s Action Network (SWAN) recently released a report called License to Rape that has attracted ongoing international attention and condemnation and caused the SPDC some major embarrassment. The report covers rapes committed from 1996 until 2001 by SPDC soldiers against ethnic nationalities women in Shan State. It details 173 incidents, involving 623 girls and women, the youngest victim being 5 years, involving 52 battalions, with 83% of accused being of Officer rank, with 63% being gang-rapes and 25% resulted in the murder of the woman. The report is available on the following website
http://www.shanland.org/shrf/License_to_Rape/license_to_rape.htm
The SPDC’s response to this damning report has been to denounce it as the work of ‘terrorists’ trying to disturb the peace of the ethnic nationalities. The matter is still subject to widespread criticism and the allegations are yet to be independently investigated according to law. Burma’s domestic law allows for such an investigation to take place, but the SPDC is now so compromised by their hysterical response and their sham investigations, that nothing short of the UN Special Rapporteur on the situation of Human Rights in Myanmar Professor Paulo Pinheiro, conducting an investigation will satisfy the women and girls who are the victims of such terrible crimes.
The HRDU has drawn this matter to the attention of the professor Pinheiro and also the Special Rapporteur on the Elimination of Violence Against Women, Its Causes and Consequences Ms Radhika Coomaraswamy requesting that they treat this as an urgent action. We further expect that the UN in its General Assembly will turn its attention to this report.
(Children) THE IMPACT OF ARMED CONFLICT ON THE CHILDREN OF BURMA
“Burma is believed to be one of the world’s largest users of child soldiers with up to 50,000 children serving in both government armed forces and armed opposition groups.”
“Child labour has become increasingly prevalent and visible. Approximately one quarter of children in the age group 10-14 is engaged in paid work and there is a growing number of street children in concentrated urban areas.”
“Children are also forced to serve as porters in combat areas, and frequently suffer beatings, rape and other mistreatment. Porters are used as human minesweepers and human shields during military operations and children are no exception.” [for quotes see report details cited below p 4]
The 2001 Yearbook contains its regular contribution on Children, but wish to draw your attention to the report of the above name, with excerpts highlighted. The full report is available from the HRDU office on [email protected]. The information that HRDU had collected on children for the 2001 Yearbook was used to compile and jointly submit a thematic report by the Burma UN Service Office-New York and the HRDU to The Office of the Special Representative of the Secretary-General for Children and Armed Conflict. The HRDU intends to submit more regular thematic reports to highlight areas of concern that demand immediate action.