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May 26, 2015

Listening to the People of Myanmar: “Do You See What You Have Done?”

Posted by Courtney Svoboda, JD '16

This past January, I traveled with a team from the International Human Rights Clinic to a small rural community on the border of Thailand and Myanmar. While the Clinic had been there many times before, it was my first time to meet the survivors of a brutal military offensive in Eastern Myanmar. As children ran up and down the aisles of the makeshift meetinghouse, we spoke with the villagers about the document we had written—a document that was, in a sense, their own.

On the strength of more than 1,000 pages of their testimony, we had produced a legal memorandum that made a case for war crimes and crimes against humanity. It also implicated current high-ranking military and government officials. Last November, when it was released, the findings sparked a discussion about accountability in a country that is, for the most part, considered to be on the path to reform.

When we finished telling the villagers all of this, I expected people to ask questions or to begin filtering down the dusty aisles towards the exits. Instead, after a few more minutes of silence, a man stood up and began telling us a story about his life. After he finished, another person rose to speak. Slowly, one by one, more came forward to talk to us.

As the crowd dwindled, one woman approached, her young son’s arms wrapped tightly around her neck, and started telling her story. A few years earlier, the Myanmar military had come into her village, shooting at people and burning homes as they moved through the streets. She took shelter in the jungle with her children, but without proper food or medicine, one of them died; then another; then a third.

I knew this story. I had read it back in Cambridge while working on the Clinic’s legal memorandum. But it was one thing to process her story from a distance. It was another to stand in front of her.

I have always believed in the power of storytelling to create empathy and human connection. But somewhere along the way in law school, I lost sight of it. I got distracted, poring over pages of documents, piecing together facts, checking grammar, debating sentence structure. It was easy to forget that at the heart of the Clinic’s work are people, wanting to be heard.

For those three weeks in January, our clinical team listened to people all over Myanmar. We heard about ongoing abuses in Shan State and Kachin State. We heard about police crackdowns at Letpadaung. The stories are everywhere.

Ironically enough, a story I heard back in Cambridge left one of the deepest impressions. It came from U Teikkha Nyana, a monk who participated in a panel discussion the Clinic organized on accountability in Myanmar.

Speaking in his crimson robes via Skype, U Teikkha Nyana took the audience of law students and professors back to a dark, brisk night in Letpadaung in northern Myanmar, where hundreds of monks were lined up in peaceful protest outside of a copper mine. First, he recalled how the police doused the men with water; then, how they shot canisters of white phosphorus, an acidic weapon that burns flesh.

“We kept our heads down, covered ourselves with robes and blankets, and took the brunt of it,” U Teikkha Nyana told us.

He waited for his words to be translated, then began again.

“My robes and blankets that were soaking wet suddenly caught on fire . . . . I was engulfed in flames.”

Another pause, as the audience absorbed those words.

“I raised my arms up and screamed at them, ‘Look what you have done. Do you see what you have done?’”

From the moment U Teikkha Nyana started speaking, I was captivated. It was more than just the words that he spoke. It was seeing him speak, hearing the inflection in his voice, seeing the look in eyes—the depth of compassion, pain, and ultimately hope. I already knew the facts about the crackdown in Letpadaung; I had read the statistics. But here was one man, in front of me, telling his story, a small window into the experiences of others like him who have also suffered.

It brought me back to that day in the village, when one person after another stepped forward—story after story, followed by a sea of handshakes and heartfelt thanks.

There is no one way to achieve accountability in Myanmar. That much is clear. Different communities and advocates will have different ideas, and it is not my place to define that path. But at the center of it all, surely, are stories—the stories of the many who have suffered, from the villagers at the border of Thailand and Myanmar, to the monks whose burns are still healing. These stories should be heard. These stories need to be a part of the conversation.

U Teikkha Nyana and the villagers at the heart of the Clinic’s work: thank you for sharing your stories. I, for one, feel honored to have heard them.

*****

Below is the video from the Clinic’s panel discussion featuring U Teikkha Nyana, who is suing the Home Affairs Minister, Major General Ko Ko, for his responsibility in the Letpadaung crackdown. Ko Ko is one of the high-ranking government officials implicated in the Clinic’s legal memorandum. The panel also included U Teikkha Nyana’s lawyer, U Aung Thein; Roger Normand, of Justice Trust; and Matt Smith, of Fortify Rights.

 

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May 22, 2015

Clinical Director Susan Farbstein Promoted to Become Clinical Professor of Law

Posted by Martha Minow, Dean, Harvard Law School, and Tyler Giannini

Today, we have some great news: in recognition of her excellence as both a teacher and a human rights advocate, Clinical Director Susan Farbstein has been promoted to become a Clinical Professor of Law.

Susan Farbstein, pictured here on a panel honoring Nelson Mandela, was recently promoted to Clinical Professor of Law.

Susan Farbstein, pictured here on a panel honoring Nelson Mandela, was recently promoted to Clinical Professor of Law.

Since arriving at HLS, Susan has centered her work on three main areas of expertise: transitional justice, Alien Tort Statute litigation, and South Africa. Her accomplishments are numerous, and the Harvard Law School website highlights them in this article announcing Susan’s promotion from Assistant Clinical Professor.

Most recently, over the past three years, Farbstein and her clinical students have collaborated with Equal Education Law Centre in South Africa to advance the right to education enshrined in that country’s constitution. She has also continued to distinguish herself as a leading Alien Tort Statute litigator, serving as co-counsel on several major cases, including In Re South African Apartheid Litigation and Mamani v. Sanchez de Lozada and Sanchez Berzain.

Please join us in congratulating Susan on this much-deserved honor.

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May 12, 2015

From Bosnia to Somalia: Classifying “Involvement” in Armed Conflict

Posted by Bonnie Docherty

The laws governing armed conflict may seem simple on the surface. Soldiers can be targeted; civilians cannot. But the line between these groups is blurry and can have life-and-death implications.

Under international humanitarian law, or the laws of war, civilians can be intentionally killed if they “directly participate in hostilities.” But what does direct participation mean? What if a civilian feeds combatants, drives members of an armed group, provides equipment or intelligence, or takes up arms to protect family members? Does it matter if involvement was voluntary or forced? Do such actions mean the civilian can be lawfully targeted?

CIVICCoverA new 84-page report, to which the International Human Rights Clinic contributed a case study, takes a fresh look at this contentious issue. The People’s Perspectives: Civilian Involvement in Armed Conflict, released Tuesday by the Center for Civilians in Conflict (CIVIC), documents the experiences of people in four former or current conflict zones: Bosnia, Libya, Gaza, and Somalia. It does not seek to come up with a conclusive definition of direct participation in hostilities. Instead, it aims to inform the debate among military commanders, lawyers, academics, and other experts by adding the voices of those who have lived through war.

The report finds that civilians become involved in conflict in a number of ways, ranging from fighting to providing logistical support to membership in civil defense forces or political parties. While sometimes voluntary, their involvement is often motivated by threats from armed groups or the need to survive. The people CIVIC interviewed had varied understandings of who is a civilian and who is a combatant and found it difficult to delineate the difference. They agreed, however, that the legal status that derives from involvement can not only determine whether civilians are targeted but also affect their lives long after a conflict ends.

On a 2013 field mission to Bosnia, Boehland looks at a memorial to those who died during the war.

On a 2013 field mission to Bosnia, Boehland looks at a memorial to those who died during the war.

In 2013, I led a four-person team, including Lara Berlin, JD ’14, Luca Urech, Fletcher ’13, and Nicolette Boehland, JD ’13, on a field mission to Bosnia, where we documented people’s experiences during the war. Later, as a post-graduate fellow at CIVIC, Boehland conducted investigations in three other conflict zones and served as lead author of the final report.

Testimony from those who lived through the Bosnia war of 1992-1995 highlighted the challenge of classifying involvement in a conflict. Some Bosnians told the Clinic’s research team that everyone during the armed conflict was a soldier, while others contended they were all civilians. A 40-year-old gardener from Srebrenica said, “The line between soldiers and civilians in war is invisible. . . . There is almost no line, no distinction.”

Residents of Sarajevo, for example, frequently fought on the front lines on certain days, but took off their uniforms and returned to their families on others. A woman who had lived through the city’s siege captured the confusion about the nature of these people’s involvement: “Many killed [during the conflict] were actually civilians, but I don’t know how to distinguish them. If my uncle is on duty, he’s one thing, but when he’s in line for bread, what is he?”

The stories of Bosnians and others in this report illustrate the modes, motivations, and complexities of people’s involvement in armed conflict. Experts and policymakers would do well to heed these realities as they continue their deliberations about the meaning of direct participation in hostilities.

*****

NOTE: Boehland last week also released a report for Amnesty International, for which she now works, entitled “Death Everywhere”: War Crimes and Human Rights Abuses in Aleppo, Syria. The report documents that Syrian government forces and armed opposition groups have bombarded homes and civilian areas, detained and tortured residents, and created appalling living conditions. Boehland’s recent publications on civilian protection exemplify the work the Clinic hopes its graduates will take on and represents the best of human rights advocacy.

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May 11, 2015

Government Official, Suspected of War Crimes, Put in Charge of Human Rights Review for Myanmar

Posted by Matthew Thiman, JD '16, and Tyler Giannini

It only happens once every four years: a full UN review of Myanmar’s human rights record. With its rather generic name—the Universal Periodic Review (“UPR”)—this UN process does not often get much attention. But it should. Especially when the head of Myanmar’s delegation is someone like Lieutenant General Ko Ko—the country’s Home Affairs Minister, a man who has been linked to war crimes and crimes against humanity.

It was quite a moment when we at the International Human Rights Clinic realized that Ko Ko was in charge of Myanmar’s UPR process. We know Ko Ko well because we have been investigating his central role in a brutal Myanmar Army offensive for the last four years. We published our findings in a legal memorandum last November, implicating Ko Ko and two other military commanders in violent attacks on civilians.

Exactly a year after the release of our findings, the Myanmar delegation is scheduled to answer questions about its human rights record as part of the UPR process. If Ko Ko in fact ends up leading that delegation, it will say a lot about the status of reform in a country that says it is committed to human rights. With over 1000 pages of witness testimonies and expert declarations implicating him in international crimes, Ko Ko should not be the face of human rights in the new Myanmar.

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NOTE: The International Human Rights Clinic made a submission to the UPR process in March, detailing the findings of the Clinic’s investigation. The submission notes Myanmar’s ongoing obligations to provide remedies for war crimes and crimes against humanity, and also highlights that high-ranking officials like Ko Ko have been promoted instead of investigated.

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