Fwd: Kachin joint statements/reports by Fortify Rights, Kachin Women Association and Amnesty International
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From: KNO Info & Public Relations <in...@kachinland.org>
Date: 09/06/2014 15:43 (GMT+08:00)
To: KNO News & Info <in...@kachinland.org>
Subject: Kachin joint statements/reports by Fortify Rights, Kachin Women Association and Amnesty International
AMNESTY INTERNATIONAL PUBLIC STATEMENT
Index: ASA 16/010/2014
9 June 2014
Myanmar: Three years on, conflict continues in Kachin state
Three years after the Myanmar armed forces resumed offensive military operations in Kachin state, Amnesty International joins human rights defenders and civil society organizations to call for an immediate end to violations of international humanitarian law and human rights law. The continued fighting and reports of crimes under international law and human rights violations allegedly committed by the Myanmar Army raise serious questions about commitment to human rights reforms in the country and threaten ongoing efforts to negotiate a nationwide ceasefire.
On 9 June 2011, the Myanmar Army attacked the main ethnic Kachin opposition group – the Kachin Independence Army (KIA) – ending a 17-year ceasefire. The attack came after the KIA refused to transform into a Border Guard Force, and submit to the control of the Myanmar Army as required by the 2008 Constitution.
Since then, fighting has continued between the two sides to the conflict, forcing tens of thousands of people to flee their homes, many of them seeking refuge in internally displaced person (IDP) camps along the Myanmar-China border. At least 96,000 people are currently believed to be displaced as a result of the conflict, some of them victims of multiple attacks and displacement.
The humanitarian situation of IDPs remains grave, and there are ongoing concerns about conditions in IDP camps, including with regard to access to shelter, clean water and sanitation. The arrival of the rainy season – bringing with it higher risks of flooding and water-borne diseases – is also a major cause for concern. In addition, humanitarian organizations continue to face restrictions in carrying out their work, exacerbating the already vulnerable situation of the growing displaced population.
Amnesty International calls urgently on the Myanmar authorities to ensure that humanitarian aid organizations have full and unfettered access to all displaced persons in Kachin state and elsewhere in the country.
Since the resumption of fighting in 2011, Amnesty International has received ongoing reports of human rights violations and violations of international humanitarian law committed by the Myanmar armed forces in Kachin state, and parts of Northern Shan state. They include reports of unlawful killings, arbitrary arrests, torture and other ill-treatment, and rape and other crimes of sexual violence. The organization has also received reports of human rights abuses committed by the Kachin Independence Army.
In his final report to the United Nations Human Rights Council, outgoing Special Rapporteur on the situation of human rights in Myanmar, Tomás Ojea Quintana, highlighted concerns about violations of international humanitarian and human rights law, noting that such violations continue where there are ongoing military operations. He further noted that there is “no progress in tackling the impunity under which the military forces currently operate”.
Amnesty International calls on the Myanmar authorities to ensure that all members of the Myanmar armed forces adhere to their obligations to respect and protect human rights. Furthermore, the authorities must investigate promptly, impartially and effectively all reports and complaints of violations or abuses of international humanitarian law and international human rights law, with a view to bringing those suspected of criminal responsibility, including commanders and other superiors, to justice before ordinary civilian courts in fair proceedings. As a first step, anyone suspected of such violations must be immediately suspended from frontline duties.
For Immediate Release - Monday 9th June, 2014
55 ORGANISATIONS WORLDWIDE CALL FOR ACTION FOR PEACE ON KACHIN ANNIVERSARY
Three years ago today, the Burma Army broke a 17-year ceasefire with the Kachin Independence Army (KIA) and unleashed a major new military offensive against the Kachin people. Since 9 June 2011, over 120,000 Kachin people have been displaced, forced to flee their homes. At least 200 villages have been destroyed. A humanitarian emergency unfolded, with a desperate need for shelter, food and medical care. As the Kachin Peace Talk Creation Group has said, "the impact of the war this time has been enormous. Many have lost land, plantations, livelihood. Those people can no longer support their children. People are living in the middle of nowhere, hopeless, desperate, suffering...People are hopeless and desperately need help."
In recent months several rounds of peace talks have been held and hopes for peace have been raised. However, even as the Government and the Burma Army have engaged in talks with the Kachin Independence Organisation (KIO) and its armed wing, the KIA, attacks by the Burma Army have continued and the situation remains unstable. On 10 April 2014, Burma Army soldiers attacked the Lagat Yang camp for internally displaced peoples, forcing IDPs to flee. Since the beginning of May, fighting has continued in Mungbaw, resulting in at least 500 IDPs seeking shelter in Muse.
Since breaking the ceasefire the Burma Army and the government of Burma have committed myriad human rights violations with absolute impunity. Among the more heinous abuses are credible allegations of war crimes and crimes against humanity, which merit immediate investigation. These criminal acts include grave breaches of the Geneva Conventions such as the deliberate targeting of civilians by military forces, rape and other forms of sexual violence, extrajudicial executions, arbitrary detention, torture, and restrictions on the provision of humanitarian assistance. Such violations could amount to war crimes and crimes against humanity. Immediate, thorough, and impartial investigation into these and all allegations of serious human rights abuses must be conducted. Suspected perpetrators must answer for their crimes before a competent judicial authority, and victims of serious rights abuses must be afforded the justice they deserve.
On this third anniversary of the resumption of war against the Kachin, the undersigned organisations, representing members of the European Burma Network, Kachin civil society organisations and other concerned groups around the world, make the following urgent recommendations:
1. We call on the Government of Burma and the Burma Army to immediately cease its attacks in Kachin State, to end hostilities, establish peace and withdraw to positions held before the ceasefire was broken;
2. We call on all parties to the conflict to fully respect and protect international humanitarian and human rights laws;
3. We call for urgent protection for internally displaced people, and unhindered international humanitarian access to all parts of Kachin and Northern Shan States;
4. We call on the international community to provide urgently needed humanitarian assistance to the internally displaced people in Kachin and Northern Shan States;
5. We urge the People's Republic of China to respect the principle of 'non-refoulement', as set out in international humanitarian law, and respect the rights of refugees;
6. We urge the government of Burma to provide full compensation to all those displaced by the conflict, to enable them to rebuild homes, businesses, schools, clinics, farms, and for suffering caused;
7. Given the refusal of the government of Burma to investigate and act to end the use of rape and sexual violence, the international community should establish an independent investigation into the use of rape and sexual violence;
8. Women must be involved in the peace process and future dialogue to agree a political settlement.
9. We call on the President of Burma and the head of the Military to publicly commit to constitutional reform to establish a federal system of government, and enter into immediate dialogue to achieve this goal;
We call for immediate steps to build trust and strengthen dialogue, and hope that three years of war will be brought to an end soon and that the people of Kachin and Northern Shan States will be able to live in genuine freedom with lasting peace.
1. Actions Birmanie
2. All Kachin Students and Youth Union (AKSYU)
3. ALTSEAN-Burma
4. ASEAN Parliamentarians for Human Rights (APHR)
5. Association Suisse Birmanie
6. Burma Action Ireland
7. Burma Aktion (Germany)
8. Burma Campaign UK
9. Burma Info (Japan)
10. Burma Partnership
11. Chin Human Rights Organization
12. Children on the Edge
13. Christian Solidarity Worldwide
14. Committee for Restoration of Democracy in Burma C.R.D.B (Germany)
15. FIDH (International Federation for Human Rights)
16. Fortify Rights
17. Free Burma Campaign (South Africa)(FBC(SA))
18. Free Youth Burma
19. Humanitarian Aid Relief Trust (HART)
20. Humanity Institute
21. Info Birmanie
22. Institute for Asian Democracy
23. Inter Pares
24. Kachin Association Norway (KAN)
25. Kachin Baptist Church Denmark (KBC.DK)
26. Kachin Community- The Netherland
27. Kachin Community- Sweden
28. Kachin Community-UK
29. Kachin Development Networking Group
30. Kachin Relief Fund-UK
31. Kachin Refugee Committee (KRC) Malaysia
32. Kachin Development Foundation, USA
33. Kachin National Organisation-Australia
34. Kachin National Organisation-Denmark
35. Kachin National Organisation-India
36. Kachin National Organisation- Japan
37. Kachin National Organisation-Malaysia
38. Kachin National Organisation-Thailand
39. Kachin National Organisation- UK
40. Kachin National Organisation-USA
41. Kachin Literature and Culture Committee- Singapore (JLH-Singapore)
42. Kachin Peace Network
43. Kachin Politics Watch and Research Network
44. Kachin Women Peace Network
45. Kachin Women Union
46. Karenaid
47. New Zealand Kachin Community
48. Norwegian Burma Committee
49. Pan Kachin Development Society
50. Partners Relief & Development UK
51. Research and Translation Consultancy Cluster
52. Society for Threatened Peoples
53. Swedish Burma Committee
54. U.S. Campaign for Burma
55. Voice of Women
Ongoing War Crimes and Crimes Against Humanity, Unmet Humanitarian Needs
(Yangon, June 9, 2014)— For the past three years, Myanmar authorities have systematically tortured Kachin civilians perceived to be aligned with the Kachin Independence Army (KIA), Fortify Rights said in a new report released today. Fortify Rights believes these abuses constitute war crimes and crimes against humanity. The government of Myanmar should intervene immediately to end the use of torture in the conduct of the ongoing war in Kachin State and northern Shan State, and it should credibly investigate and prosecute members of the Myanmar Army, Myanmar Police Force, and Military Intelligence who are responsible for the serious crimes described in this report.
The 71-page report, “I Thought They Would Kill Me”: Ending Wartime Torture in Northern Myanmar, describes the systematic use of torture and other cruel, inhuman, and degrading treatment or punishment (“ill treatment”) of more than 60 civilians by Myanmar authorities from June 2011 to April 2014. Members of the Myanmar Army, Myanmar Police Force, and Military Intelligence deliberately caused severe and lasting mental and physical pain to civilians in combat zones, villages, and places of detention in Kachin State. While some impacts of these crimes are irreparable, none of the survivors interviewed by Fortify Rights have received adequate medical care.
“The authorities have tortured Kachin civilians with brutal and inhuman tactics, and those responsible for these crimes have acted with complete impunity for three years,” said Matthew Smith, executive director of Fortify Rights. “The government must fulfill its duty to put a stop to these serious crimes and ensure accountability for abuses.”
“I Thought They Would Kill Me” is based largely on 78 interviews conducted by Fortify Rights with survivors and witnesses of torture and other abuses, their family members, aid workers, and KIA officials in Kachin State and northern Shan State. Interviews were conducted in KIA and government-controlled territory, in towns and villages affected by the conflict, and in numerous internally displaced person (IDP) camps.
Kachin survivors described to Fortify Rights how Myanmar authorities tied rope or wire around their necks, hands, and feet, in some cases cutting off circulation for extended periods of time, resulting in loss of movement and sensation. Many were subjected to severe beatings during prolonged interrogation sessions, and some reported having metal rods or bamboo rolled on their shins. In some cases, the authorities tied or laid bamboo across the shins and heads of their victims, and stood or jumped on it.
Myanmar Army soldiers forced civilian detainees to dig what they were told would be their own graves, before releasing them from custody. When eight Kachin farmers survived prolonged blunt-force beatings, Myanmar soldiers forced them to lick pools of their own blood off the ground. Myanmar authorities deprived Kachin detainees of food, water, and normal sensory stimulation, such as exposure to sunlight. Two torture survivors reported to their families and lawyers that they were sexually assaulted in detention, where they remain today. Others were burned with hot blades, stabbed repeatedly in non-lethal, pain-inducing locations, and forced to assume execution-style physical positions while under interrogation.
In October 2013, “Maru Seng,” 45, was tied with wire around his neck, hands, and feet, denied food and water, and beaten severely by Myanmar Army soldiers. He attempted to escape and was shot in the head by a Myanmar Army soldier, only to survive to endure more torture.
“I thought they would kill me,” he told Fortify Rights.
Fortify Rights collected evidence of the alleged torture and killing of three Kachin persons—two civilians and one KIA soldier—while in custody of Myanmar Army soldiers. Photographs on file with Fortify Rights indicate two of these individuals suffered severe beatings to the face and head.
Fortify Rights also documented systematic patterns of unlawful forced labor exacted by the Myanmar Army that invariably featured instances of torture. For example, the army detained 30-year-old male farmer “Tun Din” for 17 consecutive days, torturing him and forcing him to guide them through combat zones in Mansi Township and from village to village.
Fortify Rights shares concerns expressed by UN officials and others regarding allegations of the KIA's ongoing use of child soldiers, forced labor, and antipersonnel landmines. The investigation by Fortify Rights did not reveal instances of torture committed by KIA authorities.
The Myanmar Army and Kachin Independence Army (KIA) have been fighting since June 9, 2011, when hostilities erupted in areas surrounding a Chinese-investor-led hydropower project near Sang Gang village, abruptly ending a 17-year-long ceasefire agreement. In the three years since, more than 100,000 civilians have been forcibly displaced to over 165 camps throughout Kachin State and northern Shan State. The government and KIA have held numerous peace talks in Myanmar, Thailand, and China, but fighting and abuses continue.
“The peace process can’t take hold while soldiers and intelligence officers continue to torture members of minority groups with complete impunity,” said Matthew Smith. “The government should demonstrate its commitment to national reconciliation and immediately intervene to end these abuses and bring perpetrators to justice.”
Torture sessions were typically infused with elements of ethnic and religious discrimination, Fortify Rights said. Survivors explained how soldiers, police officers, and Military Intelligence officers verbally denigrated the Kachin ethnicity and Christian religious identity during torture sessions.
In several cases, authorities threatened to destroy the Kachin ethnicity. One Kachin survivor who was interrogated and tortured by Military Intelligence told Fortify Rights about threats made against him and his community by an official during his detention: “You [Kachin] are our soldiers’ leftover kids, the products of our military expeditions. We will eliminate all you Kachin.” Another survivor was told, "We will kill you, and we will burn the children in the fire and then crush them.” Another was told, “You are Kachin, and we will kill all the Kachin. Even if the women are pregnant, we will kill them.”
Torture survivors interviewed by Fortify Rights demonstrated symptoms suggestive of anxiety disorders and other psychological impacts of trauma. All survivors endured untreated physical pain and complications as a direct result of the mental and physical harm inflicted upon them by Myanmar authorities. Only one torture survivor interviewed by Fortify Rights received medical attention—he was given a cursory injection of antibiotics. None of the survivors have undergone a physical or psychological examination by a qualified professional.
“The international community needs to wake up and comprehend the severity of abuse being perpetrated against the Kachin people,” Matthew Smith said. “Foreign governments should demand an end to these abuses and ensure survivors get the support they need. Governments and donors should increase financial, technical, and advocacy support for human rights defenders in the country.”
International law bans torture in every context. Torture is defined under international law as the intentional infliction of “severe pain or suffering, whether physical or mental,” for specific purposes such as obtaining “information or a confession,” as punishment, as intimidation or coercion, “or for any reason based on discrimination of any kind.” Cruel, inhuman, and degrading treatment or punishment involves the infliction of “significant” physical or mental pain or suffering.
Fortify Rights believes that the instances of torture described in “I Thought They Would Kill Me” constitute war crimes and crimes against humanity. Moreover, according to the report, Myanmar Army soldiers operated within a permissive environment with respect to the use of torture, and torture appears to have been carried out with the knowledge and consent of senior military officers. Fortify Rights said that military commanders—including senior military officers—could be held liable for torture under a theory of command responsibility.
For more information, please contact:
In Yangon, Matthew Smith (English), +66.85.028.0044 (Thai mobile), or matthe...@fortifyrights.org; Twitter @matthewfsmith @FortifyRights
About Fortify Rights:
Fortify
Rights provides technical support to human rights defenders and
conducts independent monitoring and strategic advocacy. By independently
documenting and exposing human rights violations while teaming with
activists to advocate for change at local, national, and international
levels, we aim to fortify the human rights movement.
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Information & Public Relations
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The Kachin National Organization (KNO) is a political organization founded on the 9th of January 1999 as the result of extensive discussion between the overseas Kachins and the elders from the Kachin homeland. The main goals of the Kachin National Organization are to regain the inalienable rights of Kachin national, based on the founding principles of the Kachin Independence Organization (KIO).