Blog: Fortify Rights
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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 protected]; Twitter: @AmyAlexSmith @FortifyRights
Matthew Bugher, lead author and researcher, Harvard Law School International Human Rights Clinic and consultant to Fortify Rights: +95.9401596412; [email protected]; [email protected]; 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.
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.
March 21, 2014
Posted by Taylor Landis, JD '11, Satter Fellow and Researcher at Fortify Rights
Last month, the government of Myanmar made the shocking decision to evict Médecins Sans Frontières (MSF) from Rakhine State, cutting off tens of thousands of mostly-stateless Rohingya Muslims from their last refuge of lifesaving medical care.
The decision came on the heels of a new report by Fortify Rights, offering definitive proof that the Myanmar government has targeted the minority Rohingya Muslims of Rakhine State for decades. The 79-page report, Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims in Myanmar, is based on leaked government documents, witness testimony, and public records, revealing severe violations of human rights of Rohingya Muslims in Myanmar, including restrictions on the freedom of movement, marriage, childbirth, lifesaving medical care, and other aspects of daily life in northern Rakhine State.
Denied citizenship in Myanmar, the 1.33 million Rohingya are confined to worsening conditions in Rakhine State. In our report, we make 20 recommendations to the government of Myanmar; chief among them is a call to abolish these abusive policies and end their enforcement.
The government’s response was telling: Within hours of publication, presidential spokesman Ye Htut condemned Fortify Rights and doubled-down on the government’s official line of racism by labeling the organization a “Bengali lobby group” – at once dismissing credible human rights concerns while invoking incendiary terminology (“Bengali”) employed to deny the Rohingya ethnicity and erroneously imply the Rohingya population are illegal immigrants from Bangladesh.
Rendered stateless by Myanmar’s 1982 Citizenship Law, an estimated 140,000 Rohingya have been forced into camps for internally displaced persons since 2012. when an eruption of violence between the Rohingya and ethnic-Rakhine Buddhists quickly gave way to orchestrated attacks on the Rohingya. Tens of thousands of others have fled the country by sea. Myanmar security forces have repeatedly failed to protect the Rohingya from attacks, and in some cases have participated in killings and other abuses against them.Continue Reading…
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