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June 9, 2016
Today marks the grim five-year anniversary of the resumption of armed conflict in Myanmar’s Kachin State. This conflict, between the Myanmar military and the Kachin Independence Army, has displaced more than 100,000 civilians. Organizations at the local and international level have also documented severe human rights violations perpetrated by the Myanmar military, including extrajudicial killings, torture, rape and sexual violence and forced labor.
The International Human Rights Clinic today joins 129 other organizations in calling for peace, justice and accountability in Kachin State.
“Joint Statement: Five Years of War- A Call for Peace, Justice and Accountability in Kachin State”
(June 9, 2016)— Although much of the world has expressed excitement over Myanmar’s political transition, communities throughout Kachin and northern Shan states have been living with severe human rights abuses and displacement for the last five years.
Since 2011, renewed armed conflict between the Myanmar military and the Kachin Independence Army (KIA) has displaced more than 100,000 civilians. Continue Reading…
November 5, 2015
International Human Rights Organizations Call for Accountability of Myanmar’s Minister of Home Affairs
Tomorrow is Myanmar’s Universal Periodic Review (UPR) hearing in Geneva. Today, a coalition of groups issued a statement calling for accountability for Lt. Gen. Ko Ko, the head of Myanmar’s UPR process:
International Human Rights Organizations Call for Accountability of
Lt. Gen. Ko Ko, Myanmar’s Minister of Home Affairs
November 5, 2015
We, the undersigned organizations, call for Lt. Gen. Ko Ko, Myanmar’s Minister of Home Affairs and Minister for Immigration and Population, to be held accountable for his involvement in human rights violations, war crimes, and crimes against humanity. On November 6, 2015, the United Nations Human Rights Council will review Myanmar’s human rights record during its Universal Periodic Review (UPR) in Geneva. Regrettably, the Myanmar Government has appointed Lt. Gen. Ko Ko to head the committee responsible for its UPR process.
Hundreds of civil society organizations in Myanmar have signed a petition expressing their concern about Lt. Gen. Ko Ko’s role in the UPR process, as well as the current impunity at the national level that exists for his involvement in abuses. They have called on the international community to take concrete steps to hold him accountable.
Lt. Gen. Ko Ko has a well-documented track record of human rights violations. He led Myanmar’s Southern Command during a military offensive in Kayin State from 2005-2008. According to a report released by the Harvard Law School International Human Rights Clinic, there is sufficient evidence against him to satisfy the standard required to issue an arrest warrant by the International Criminal Court for his command over soldiers that intentionally attacked, killed, tortured, enslaved, and forcibly transferred civilians.
In his current position as the Minister of Home Affairs, Lt. Gen. Ko Ko has also been implicated in human rights abuses, including violations of the rights to freedom of speech and peaceful assembly. For example, strong evidence exists that the Myanmar Police Force, which is under the control of the Ministry of Home Affairs, has repeatedly used unlawful and excessive force against peaceful protesters. In November 2012, Lt. Gen. Ko Ko was accused of authorizing riot police to use white phosphorus munitions to disperse peaceful protesters—mostly monks and villagers—at the Letpadaung Copper Mine, resulting in severe chemical burns of more than 100 people. In March 2015, the police again used excessive force in the town of Letpadan against unarmed protesters calling for reforms to the National Education Law.
The Human Rights Council has called upon the Myanmar Government to take all necessary measures to ensure accountability and end impunity for violations of human rights. This recommendation also was made during Myanmar’s previous UPR in 2011 and has been reiterated in advance questions for the forthcoming UPR this year. Similarly, the UN Special Rapporteur on the situation of human rights in Myanmar, Yanghee Lee, recommended in both her March and October 2015 reports that the Government address impunity for human rights violations committed by security personnel.
In light of Lt. Gen. Ko Ko’s track record, we call on the Myanmar Government to remove him as the head of its UPR process, and to initiate a prompt, independent, and thorough investigation into the allegations of his involvement in human rights violations and international crimes. The international community should lend support to any investigation and prosecution. If the Myanmar Government does not pursue accountability in a prompt and effective manner, the international community should initiate its own investigation into Lt. Gen. Ko Ko’s responsibility for human rights violations and international crimes, and governments should pursue appropriate legal action against him if he enters their territory under the principle of universal jurisdiction.
Burma Campaign UK
FIDH – International Federation for Human Rights
Global Justice Center
International Human Rights Clinic, Harvard Law School
US Campaign for Burma
World Organization Against Torture
November 5, 2015
October 9, 2015
Myanmar: Hold police accountable for crackdown at Letpadan; Free wrongfully imprisoned protesters
New report finds police blocked peaceful assembly, used excessive force
(YANGON—October 10, 2015) Myanmar police officers used excessive force during a crackdown on protesters and arrested more than 100 individuals in Letpadan, Bago Region in March, according to a new report (summaries available in English and Burmese) released today by Fortify Rights and the Harvard Law School International Human Rights Clinic (“the Clinic”). Authorities should release individuals wrongfully detained for exercising their rights to freedom of peaceful assembly and freedom of expression, the organizations said.
Compiling evidence from dozens of eyewitness accounts, more than 500 photographs (see slideshow), and 40 videos, Fortify Rights and the Clinic found that police brutally punched, kicked, and beat unarmed protesters with batons on their heads, backs, and legs in the town of Letpadan on March 10. Police also beat protesters in police custody, including at least one protester being treated in an ambulance and others whose hands were bound behind their backs.
“The government should hold to account those police officers that used excessive force against the protesters,” said Matthew Smith, executive director of Fortify Rights. “This crackdown occurred in broad daylight. Police officers are clearly visible on film and in photos beating unarmed protesters, yet they walk free while the protesters are behind bars.”
The new report, Crackdown at Letpadan: Excessive Use of Force and Violations of the Rights to Freedom of Peaceful Assembly and Expression in Letpadan, Bago Region, Myanmar, also details how not all police officers at the scene participated in violence during the crackdown. Some police officers used riot shields or their own bodies to protect protesters from attacks by other police officers, providing further evidence of the unjustified use of force by some officers.
Police arrested 127 protesters, journalists, and bystanders in Letpadan on March 10. Seventy-seven men and women of those arrested in Letpadan face charges that carry sentences of up to nine years and six months imprisonment. Several student leaders face multiple counts under a law relating to peaceful assembly, potentially adding years to their sentences. In the weeks and months following the crackdown at Letpadan, Myanmar authorities have arrested dozens of additional student leaders and activists for involvement in the protests at Letpadan and elsewhere.
“The decision of Myanmar authorities to prosecute protesters rather than those police officers that committed abuses doesn’t bode well for a country on the cusp of national elections,” said Tyler Giannini, Director of the Clinic. “Justice demands the authorities release those wrongfully arrested in Letpadan and drop charges against peaceful protesters.”
On September 11, the Myanmar National Human Rights Commission (MNHRC) issued a statement calling for police officers responsible for the use of excessive force at Letpadan to be disciplined. The statement alleged that the beating of protesters led to injuries, and that the protesters should not be facing charges under the penal code.
Fortify Rights and the Clinic welcomed the MNHRC’s investigation and statement on the events in Letpadan, but noted that it failed to address all the violations related to the protest and crackdown in Letpadan. In particular, the MNHRC failed to address restrictions on the rights to freedom of peaceful assembly and freedom of expression as well as the arbitrary arrest and detention of individuals connected to the protests.
Under international law, arrest and detention are unlawful when individuals are engaging in a protected activity, such as exercising their rights to freedom of peaceful assembly and freedom of expression.
In January 2015, protesters began to march south from Mandalay to demonstrate their opposition to the National Education Law passed by Parliament in September 2014. In early March, police blockaded the protesters at Letpadan. As the protesters attempted to challenge the blockade on March 10, police officers violently dispersed the group of 200 protesters.
“The events leading up to the crackdown failed to justify the massive wave of violence unleashed by police officers,” said Matthew Smith. “This crackdown is ongoing and reveals the shallow depth of human rights reform in Myanmar.”
For more information, please contact:
Amy Smith, Executive Director, Fortify Rights (in Yangon): +66.87.795.5454; email@example.com; Twitter: @AmyAlexSmith @FortifyRights
Matthew Bugher, lead author and researcher, Harvard Law School International Human Rights Clinic and consultant to Fortify Rights: +95.9401596412; firstname.lastname@example.org; email@example.com; Twitter: @bughermk1
Students from the International Human Rights Clinic—Roi Bachmutsky (JD ’17), Roni Druks (JD ’17), Courtney Svoboda (JD ’16), Matthew Thiman (JD ’16), Yao Yang (Harvard/Berkeley JD ’16), and Sharon Yuen (LLM ’16)—provided essential support in reviewing evidence as well as with writing and editing for the report. The team worked under the direction of the report’s lead researcher, Matthew Bugher, who was a Global Justice Fellow at Harvard Law School as well as Tyler Giannini, co-director of the Clinic.
May 26, 2015
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.
May 11, 2015
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.
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.
April 7, 2015
Posted by Cara Solomon
We’re pleased to report that The Irrawaddy, an online news magazine in Myanmar, has just published “How One Father’s Letters Got Him Convicted,” an Op-Ed by Matt Thiman, JD ’16, Courtney Svoboda, JD ’16, and Tyler Giannini. The piece tells the story of Brang Shawng, a grieving father whose request for an investigation into his daughter’s death led to charges from the Myanmar military. The Clinic was among several organizations in December to sign an open letter to the President of Mynamar, requesting that all charges be dropped.
The piece begins:
Shortly after his daughter’s death, Brang Shawng sat down to write the first of two letters that would eventually get him convicted. He wrote to the president of Myanmar first, and then to the Myanmar National Human Rights Commission, wanting to know what had happened to his daughter, whom he believed had been shot by the Myanmar military.
“A submission is made with great respect,” he wrote to the president, “to find out the truth in connection with the killing, without a reason, of an innocent student, my daughter Ma Ja Seng Ing, who wore a white and green school uniform.”
In the letter, he recalled the day in his village clearly. It was Sept. 13, 2012, in an area of conflict between the Kachin Independence Army (KIA) and the Myanmar military in the north of the country. A column of Myanmar Army soldiers had been in the village since before dawn. Late that afternoon, as the column was preparing to leave, there was a loud bomb blast. Then suddenly, soldiers shooting, and the sound of shouting and crying as villagers tried to take cover.
“It was just like the end of the world,” Brang Shawng wrote.
He hid with his wife and two children in their home. But one of their children was not with them: his 14-year-old daughter, Ja Seng Ing.
April 1, 2015
Tomorrow, Thursday, April 2: “Ties to the Top: The Role of Government Officials in Human Rights Abuses in Myanmar”
April 2, 2015
“Ties to the Top: The Role of Government Officials in Human Rights Abuses in Myanmar”
As Myanmar approaches its second election later this year, join us for a discussion about accountability and its place in the country’s reform efforts. Panelists Roger Normand, of Justice Trust, and Matt Smith, of Fortify Rights, will join two advocates from Myanmar:
U Teikkha Nyana, a Buddhist monk who was severely injured two years ago when riot police used white phosphorus weapons to attack peaceful protesters; he recently joined with other injured monks to file an unprecedented lawsuit against the local police chief and the Home Affairs Minister. U Teikkha Nyana will join the conversation via Skype.
U Aung Thein, a Supreme Court advocate from Yangon who has represented more than 150 political prisoners, including leaders of the Saffron Revolution and Generation 88.
Tyler Giannini will moderate the discussion.
This event is being co-sponsored by HLS East Asian Legal Studies
December 17, 2014
Clinic and Partners Call on Myanmar Officials to Drop Charges against Father Complaining of Rights Violations
Posted by Matthew Bugher, Global Justice Fellow
In a letter to Myanmar’s President Thein Sein on December 8, the International Human Rights Clinic and five leading international human rights organizations called for criminal charges to be immediately and unconditionally dropped against Shayam Brang Shawng, a resident of Kachin State in northern Myanmar. Brang Shawng is accused of making “false charges” in a complaint to the Myanmar National Human Rights Commission about the alleged killing of his 14-year-old daughter, Ja Seng Ing, by Myanmar Army soldiers. A Myanmar Army officer initiated the case against Brang Shawng, and the action appears to be retaliatory in nature. The Myanmar government has not responded to a letter, reposted below, which the Clinic and its partners published today.
December 08, 2014
President Thein Sein
Nay Pyi Taw
Republic of the Union of Myanmar
Re: Prosecution of Shayam Brang Shawng
Dear President Thein Sein,
We write to you to express our concerns about the criminal prosecution of Shayam Brang Shawng (hereinafter Brang Shawng), an ethnic Kachin resident of Sut Ngai Yang village, Hpakant Township, Kachin State, who has been charged under Article 211 of the Myanmar Penal Code.
Brang Shawng is accused of making “false charges” against the Myanmar Army in a letter he sent to the Myanmar National Human Rights Commission (MNHRC) on October 1, 2012. In the letter, Brang Shawng alleged that Myanmar Army soldiers from Infantry Battalion (IB) 389 shot and killed his 14-year-old daughter, Ja Seng Ing, in Sut Ngai Yang village on September 13, 2012.
The criminal prosecution of Brang Shawng appears to be in retaliation for the complaint to the MNHRC and runs contrary to Myanmar’s obligations under domestic and international law. The case also calls into question the ability of the MNHRC and other state institutions to protect persons filing complaints with the commission. We therefore request that you take action to ensure that the charges against Brang Shawng are immediately and unconditionally dropped and that similar cases do not occur in the future.
Death of Ja Seng Ing and prosecution of Brang Shawng
On December 6, 2014, the Truth Finding Committee of Ja Seng Ing’s Death (the Committee)—an independent group of ten civil society organizations from Kachin State—published a 42-page report concerning the death of Ja Seng Ing. The Committee conducted interviews with 16 individuals who had knowledge relevant to Ja Seng Ing’s death. The report includes numerous accounts indicating that Myanmar Army soldiers shot and killed Ja Seng Ing in Sut Ngai Yang village on September 13, 2012.
November 7, 2014
Senior Myanmar Officials Implicated in War Crimes and Crimes Against Humanity
Myanmar must decide how to address legacy of abuses by military
November 6, 2014, Yangon, Myanmar—A four-year investigation by the International Human Rights Clinic at Harvard Law School has found that the Myanmar military committed war crimes and crimes against humanity in 2005-2006, and that perpetrators, including the current Home Affairs Minister, continue to serve at the highest levels of the country’s government.
Today, the Clinic released a legal memorandum, War Crimes and Crimes Against Humanity in Eastern Myanmar, which examines the conduct of the Myanmar military during an offensive that cleared and forcibly relocated civilian populations from conflict zones in eastern Myanmar. Through more than 150 interviews with eyewitnesses, the Clinic documented how soldiers fired mortars at villages; opened fire on fleeing villagers; destroyed homes, crops, and food stores; laid landmines in civilian locations; forced civilians to work and porter; and captured and executed civilians.
“These are serious allegations that demand a determined, good faith response by the Myanmar government and military,” said Tyler Giannini, Co-Director of the Clinic. “The abuses perpetrated by the military have been too widespread, too persistent, and too grave to be ignored.”
The memorandum specifically implicates three commanders in international crimes as defined by the Rome Statute of the International Criminal Court: Major General Ko Ko, the current Home Affairs Minister; Brigadier General Khin Zaw Oo, the current commander of the Bureau of Special Operations 4; and General Maung Maung Aye, most recently the Naypyidaw Regional Commander. All three received promotions after the offensive.
As part of its investigation, the Clinic compiled more than 1,000 pages of draft affidavits from interviews with individuals in Myanmar and along the Thailand-Myanmar border, including villagers, village leaders, and former Myanmar Army soldiers. Additionally, the Clinic collected photographic evidence and solicited expert declarations from four individuals with knowledge relevant to the offensive and the Myanmar military’s structure and policies.
“In interview after interview, villagers described a pattern of military abuse—stories that have been notably absent from the national conversation about reform,” said Matthew Bugher, Global Justice Fellow at Harvard Law School and a principal researcher on the Clinic’s memorandum. “It is critical that these voices are heard, especially since a similar pattern appears to be playing out today in Kachin State and northern Shan State.”
The Clinic’s evidence is sufficient to satisfy the standard required for the issuance of an arrest warrant against these commanders by the International Criminal Court. Under international criminal law, these commanders could be held accountable for their own actions as well as for crimes committed by soldiers under their effective command and control. Although the Clinic’s memorandum uses the framework of the Rome Statute, international justice is not the only means of addressing past abuses.
“Myanmar faces profound and difficult decisions as it transitions away from military rule and towards meaningful reform,” said Susan Farbstein, Co-Director of the Clinic. “Ultimately, it is the people of Myanmar who must decide how to address the legacy of military abuse.”
The International Human Rights Clinic at Harvard Law School has been working on human rights in Myanmar since 2004 and has examined international crimes in the country since 2008. Among its publications, the Clinic released Crimes in Burma in May 2009 and Policy Memorandum: Preventing Indiscriminate Attacks and Wilful Killings of Civilians by the Myanmar Military in March 2014.
For more information:
Matthew Bugher, Global Justice Fellow at Harvard Law School, in Yangon:
firstname.lastname@example.org or +95 094 0159 6412
Tyler Giannini, Co-Director, International Human Rights Clinic, Harvard Law School, in the United States:
email@example.com or 617-496-7368
Cara Solomon, Communications Manager, Human Rights Program, Harvard Law School, in the United States:
firstname.lastname@example.org or 617-495-9214
July 31, 2014
Posted by Mindy Roseman
The Human Rights Program at Harvard Law School is pleased to announce the establishment of the Global Justice Fellowship (GJF) with the generous support of the Planethood Foundation. The fellowship supports scholars, advocates, and practitioners with a demonstrated background in international justice and the rule of law. Of most interest are those whose work concerns ongoing human rights issues, especially those touching on egregious violations, including genocide, crimes against humanity, or war crimes.
Matthew Bugher, JD ‘09, is the inaugural Global Justice Fellow. Over the coming year, Matthew will work to combat state-sponsored violence and persecution in Myanmar and Zimbabwe. More specifically, he will contribute to the Clinic’s ongoing advocacy relating to military policy reform in Myanmar; work with partners on new initiatives to promote accountability for gross human rights violations; and support local activists in their efforts to document abuses.
Earlier in the summer, the Human Rights Program made several other fellowship awards. With the support of a Henigson Human Rights Fellowship, Maryum Jordan, J.D. ’14, will work in Peru with EarthRights International; Lindsay Henson, J.D. ’14, will work in South Africa with Lawyers Against Abuse; Sarah Wheaton, J.D. ’14, will work in Egypt with St. Andrew’s Resettlement Legal Aid Project; and Anjali Mohan, J.D. ’14, will work in Myanmar with Justice Base.
HRP also awarded two Satter Human Rights fellowships: to James Tager, J.D. ’13, who will work with the International Commission of Jurists in Thailand, and to Jason Gelbort, J.D. ’13, who will work with Public International Law & Policy Group in Myanmar.
NOTE: HRP recently re-opened the application process for one more Satter Fellowship.
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