Gang-rape in church highlights Burma Army impunity for sexual violence in Kachin conflict

The gang-rape and prolonged torture of a woman in a church near the Kachin-China border town of Pang Wa in early May show the ongoing impunity for sexual violence enjoyed by the Burma Army.

On May 1, 2012, a patrol of Burmese troops from two battalions (Light Infantry Battalion 347 and Infantry Battalion 118) arrived at Luk Pi village, Chipwi township, northwest of Pang Wa, and found “Ngwa Mi” (not her real name) aged 48, sheltering alone in a church, after most of the other villagers had fled. About ten troops beat her with rifle butts, stabbed her with knives, stripped her naked and gang-raped her over a period of three days in the church. 

This abuse was witnessed by another villager, Yu Ta Gwi, aged 59, who was captured while caring for his paralyzed wife. He was tied up in the church compound and kicked and stabbed by the Burmese troops. After the troops had left, on May 4th, he and Ngwa Mi were found semi-conscious by some Kachin villagers and taken to Pang Wa hospital.  Ngwa Mi, a grandmother with 12 children, has been reunited with her family, but has now become mentally deranged.

KWAT is gravely concerned at this latest incident of sexual violence, committed brazenly in the sanctuary of a church. KWAT places the blame squarely on the government in Naypyidaw, where the Supreme Court recently dismissed charges against the Burmese military for the abduction and disappearance of a Kachin woman Sumlut Roi Ja in October last year.

“The message from the Naypyidaw Supreme Court is clear: the Burmese military can rape and kill ethnic women with impunity,” said KWAT coordinator Moon Nay Li.
 
KWAT demands that the regime immediately stops using rape as a weapon of war, ends the offensive against Kachin.

This new incident of sexual violence took place close to the site of the planned Chipwi hydropower dam on the May Kha River, one of a series of seven planned mega-dams on the Irrawaddy and its upper tributaries. Despite the spreading conflict in northern Burma, Chinese workers, with Burmese army security, have been continuously preparing for construction of these dams.

The spread of conflict to the Pang Wa area this month has displaced thousands more villagers, heightening the humanitarian crisis facing local communities seeking to feed and shelter over 70,000 displaced since the Kachin ceasefire was broken in June 2011.

This motion welcomes the continued increase in UK aid to Burma, the visit to Burma in 2011 by the Secretary of State for International Development and political reforms made by the government of Burma.

The British MPs also express concerns about the people displaced last year in Burma by conflict and human rights abuses, which doubled to almost 150,000 and alarm that the government of Burma is continuing to block humanitarian aid to hundreds of thousands of people in conflict zones.

The motion expresses deep concern that refugees in camps in neighbouring Thailand who have fled conflict are facing cuts in rations of 22 per cent, which could cause increased malnutrition in children.

The motion calls on the British Government to increase aid to populations displaced by conflict, including significant increases in cross-border aid, which can be the only way to access large numbers of displaced people and refugees in Thailand-Burma border areas.

Since 2007, the International Development Committee of the British Parliament has called on DFID to increase cross-border aid. This motion expresses again that the British Parliamentarians genuinely want DFID to increase cross-border aid.

“Andrew Mitchell should not ignore the call from British MPs to significantly increase funding for cross border aid,” said Mary Hla,  Campaigns Officer at Burma Campaign UK. “This is the only way to support the basic needs of IDPs and refugees in conflict zones. If DFID stands for fighting global poverty and development, they should not let children die in the jungle with malnutrition. Cross- border aid is the only hope for IDPs and refugees in Thailand-Burma Border areas, DFID should not neglect them by providing limited funding which does not come close to meeting their needs. Andrew Mitchell once said that Britain has not forgotten the people of Burma, who have suffered from horrific human rights abuses for decades, he will build up civil society, local charities, village groups and their representatives to push for change.  If he is genuinely keen to help Burma, he must respond to the call from British Parliamentarians.”

Early Day Motion 2719
That this House welcomes the continued increase in UK aid to Burma and the visit to Burma in 2011 by the Secretary of State for International Development; further welcomes political reforms made by the government of Burma; is, however, deeply concerned that the number of people displaced last year in that country by conflict and human rights abuses doubled to almost 150,000; is alarmed that the government of Burma is continuing to block humanitarian aid to hundreds of thousands of people in conflict zones; calls on the British Government to increase aid to populations displaced by conflict, including significant increases in cross-border aid which can be the only way to access large numbers of displaced people; expresses deep concern that refugees in camps in neighbouring Thailand who have fled conflict are facing cuts in rations of 22 per cent. which could cause increased malnutrition in children;  looks forward to free and fair elections with the participation of Aung San Suu Kyi and her party; and calls on the Government to significantly increase funding for Burma to support food and shelter for refugees.

“Rape is used in my country as a weapon against those who only want to live in peace, who only want to assert their basic human rights, especially in the areas of the ethnic nationalities. Rape is rife. It is used as a weapon by the armed forces to intimidate the ethnic nationalities and to divide our country.” 
—Nobel Peace Laureate Daw Aung San Suu Kyi

This week marks the week of action for the global launch of International Campaign to Stop Rape & Gender Violence in Conflict.

As member organizations of the International Campaign to Stop Rape & Gender Violence in Conflict, we – a worldwide coalition of Burma campaigning groups - support and pledge to help end this wanton scourge that affects so many countries like Burma, Colombia, Democratic Republic of Congo and Kenya.

Focus on Burma since the by-elections has been on the regime’s efforts towards democratic reform in Burma and many states have announced they would ease sanctions to encourage change.  The unfortunate reality is that very little has changed for Burma since the by-elections. The military remains very much in control of the country. Even as it espoused peace and democratic reform internationally, the regime has not ceased its military offensive against ethnic minorities of Burma.

The military regime in Burma continues to use rape to humiliate women and their communities. Indeed, high incidents of rape and the systemic use of it as a weapon of war is one of the reasons why Burma is one of four target countries of the International Campaign to Stop Rape & Gender Violence in Conflict.

The Campaign is led by the women Peace Laureates of the Nobel Women’s Initiative—Mairead Maguire, Rigoberta Menchú Tum, Jody Williams, Shirin Ebadi, Leymah Gbowee and Tawakkol Karman—and an Advisory Committee comprised of 25 organizations. The Campaign is the first ever global collaboration between Nobel Peace Laureates, international advocacy organizations, and groups working at the regional and community levels in conflict areas.

As part of the Campaign, we will demand urgent and bold political leadership to prevent rape in conflict, to protect civilians and rape survivors, and call for justice for all—including effective prosecution of those responsible.  We support the Campaign’s broad focus on prevention, protection, and prosecution. We need the political will and resources to prevent and protect, while also ensuring that those who are survivors of rape find the justice and support they deserve.

Please join us in our efforts and pledge your support to stop rape in conflict.

The undersigned organisations are:

Actions Birmanie
Altsean-Burma
Assistance Association for Political Prisoners (Burma)
Association Suisse Birmanie
Burma Action Ireland
Burma Campaign Australia
Burma Campaign UK
Burma Centre Delhi
Burmainfo
Burma Partnership
Canadian Friends of Burma
Christian Solidarity Worldwide
European Karen Network
Forum for Democracy in Burma
Free Burma Campaign (South Africa)
Info Birmanie
Nobel Women’s Initiative
People’s Forum on Burma (Japan)
Society for Threatened Peoples
Swedish Burma Committee
The Institute for Asian Democracy
US Campaign for Burma

Take 
the
 Pledge:

You 
can 
join 
the 
Campaign 
online 
at
 www.stoprapeinconflict.org
 by 
signing 
a 
pledge 
of 
support.

The unconditional release of all political prisoners is an essential step towards genuine democracy and freedom in Burma. Regardless of the changes in Burma, all the repressive laws, which enabled the jailing of political prisoners, still remain in place. A joint domestic and international board must be formed with the involvement of the UN to investigate how many political prisoners remain in Burma’s jails.

To remember those who still remain in jail, Burma Campaign UK is highlighting the case of a different political prisoner every month. This month, May, the political prisoner who Burma Campaign UK is highlighting is Aye Aung, who was sent to prison for 59 years in 1998 for his part distributing leaflets and taking part in peaceful demonstrations asking for education policies in Burma.

Aye Aung is a 36-year-old student who was studying Physics in Dagon University in Rangoon. He was a member of the Reform Committee of Dagon University Students’ Union. He was actively involved in motivating students in Burma for their rights and education practices in the country. He was one of the students who took part in the 1996 student uprising and 1998 student movement in Burma. He was arrested in 1998 and charged with five different counts, including Sate Emergency and Provision Act 5(j).

“Jeremy Browne and the UK government should push for investigating the exact numbers of remaining political prisoners in Burma,” said Wai Hnin, Campaigns Officer at Burma Campaign UK. “If president Thein Sein is a genuine reformer, he will have no problem of investigating how many democracy activists remain in jails. Peace and national reconciliation cannot be achieved in Burma until the day we see every single activist walk free from jail.”

Burma Campaign UK supporters are being asked to write a letter to Foreign Minister Jeremy Browne asking him to take action to secure the release of Aye Aung and for the release of all of Burma’s remaining political prisoners. Solidarity letters can also be written and sent to Kale prison where Aye Aung is imprisoned.

http://www.burmacampaign.org.uk/index.php/campaigns/actions/free-political-prisoners/no-political-prisoner-left-behind

With many sanctions against the military-backed government in Burma in the process of being suspended or lifted, there is intense interest from European companies in investing and trading with Burma.

Trade and investment in developing countries can help bring benefits to the local population, both through the provision of employment and through revenue for governments to provide services. However, Burma does not have a democratic and accountable government to ensure that revenue from trade and investment benefits the people, providing services such as schools and hospitals.

The European Burma Network warns companies not to view Burma simply as a country where they can exploit cheap labour and access natural resources cheaply. Several industries in Burma, particularly natural resource extraction and energy projects, are directly linked to human rights violations and environmental destruction. Despite recent reforms, Burma still has one of the worst human rights records in the world.

In his last report in March 2012, the UN Special Rapporteur on Burma listed a series of human rights abuses, all committed in Burma in recent months, which could constitute war crimes and crimes against humanity.  They include: ‘…grave violations of international human rights and humanitarian law, including attacks against the civilian population, extrajudicial killings, internal displacement, the use of human shields and forced labour, confiscation and destruction of property, and conflict-related sexual violence…’

The UN Special Rapporteur on Burma also raised the possibility of a shift towards different types of abuses in a changing economy. “Given the wave of privatisations last year and the expected increase in foreign investment, along with the new government’s plans to accelerate economic development, I also fear an increase in land confiscations, development-induced displacement and other violations of economic, social and cultural rights,”

There remains a lack of international law to ensure European companies always operate to the highest standards outside the EU. In addition, Burma lacks laws to regulate companies, to protect workers, and protect the environment. It also lacks an independent judiciary and the rule of law which could enforce such regulations, and is one of the most corrupt countries in the world.

Members and observers of the European Burma Network endorse the ‘Benchmarks for Investment in Energy, Extractive and Land Sectors in Burma’ issued by the Burma Environmental Working Group (BEWG) on 22nd March 2012. (The statement is available online at: http://www.bewg.org/). BEWG is an alliance of grassroots environmental and social organisations.

Five key benchmarks have been established by the BEWG, these are;

1)        Do No Harm – Investment should not exacerbate natural resource and land-based conflict in Burma.

2)        Best Practices or No Practices – Investors should respect the widely accepted global standards for environmental and human rights law while following international best practices in human rights, social and environmental impact assessments.

3)        Act Transparently and with Principles - Investors should have a zero-tolerance policy on corruption and should uphold full revenue and contract transparency.

4)        Support Civil Society not Impunity - Civil society should be free to fulfil its role without threat of repression or abuse.

5)        Empower Communities - Community grievances must be fully addressed in existing and proposed investments.

The European Burma Network will work with, and in support of, local communities and workers to monitor the activities of European companies operating in Burma. Companies which do not respect the guidelines from the BEWG, or are linked to any human rights abuses, exploitation of workers or suppliers, and environmental destruction, will be targeted for high profile campaigns by members of the European Burma Network. These could include boycotts, protests, shareholder actions and exposure in the media of their links to any abuses. All national and international legal options will also be pursued.

Actions Birmanie
Association Suisse-Birmanie
Austrian Burma Center
Burma Action Ireland
Burma Campaign UK
Burmese Rohingya Organisation UK (BROUK)
Christian Solidarity Worldwide
Forum For Democracy In Burma
Info Birmanie
International Federation for Human Rights (FIDH)
NCUB-Europe
People In Need
Polish Burma Solidarity
Society for Threatened Peoples
Swedish Burma Committee

There have been a series of positive changes in Burma, including the release of high profile political prisoners, and Aung San Suu Kyi being elected as a member of parliament. However, hundreds of political prisoners remain behind bars and no-one should be left behind in appalling conditions in jail.

The unconditional release of all political prisoners is an essential step towards genuine democracy and freedom in Burma. Regardless of the changes in Burma, all the repressive laws which enabled the jailing of political prisoners still remain in place.

To remember those who still remain in jail, Burma Campaign UK will highlighting the case of a different political prisoner every month. This month, April, the political prisoner who Burma Campaign UK is highlighting is Thant Zaw (aka) Than Zaw.

Thant Zaw was sentenced to 30 years in 1989 and still remains in jail. He was accused without any evidence and charged with two different counts including High Treason within the Union of Burma Act, which he did not commit. He is a 43-year-old activist and he was an active member of the National League for Democracy Youth (NLD Youth). He was sentenced to death with 30 years in jail in September 1989 but the sentence was later reduced to 30 years in prison. Due to the brutal tortures he went through, Thant Zaw’s health has deteriorated in prison but he has not received any medical attention. His mother, Daw Sein Sein, 70 years old, told Democratic Voice of Burma of her worries about not being able to see her son’s release before she dies.

“Jeremy Browne and the international community must remember the remaining political prisoners such as Thant Zaw”, said Wai Hnin, Campaigns Officer at Burma Campaign UK. “No-one should be left behind in this process of change in Burma. There cannot be peace and a democratic system in Burma as long as one political prisoner still remains in jail.”

Burma Campaign UK supporters are being asked to write a letter to Foreign Minister Jeremy Browne asking him to take action to secure the release of Thant Zaw and for the release of all of Burma’s remaining political prisoners. Solidarity letters can also be written and send to Thayet prison where Thant Zaw is imprisoned.
http://www.burmacampaign.org.uk/index.php/campaigns/actions/free-political-prisoners/no-political-prisoner-left-behind

With hundreds of political prisoners still in jail, military attacks against ethnic minorities still taking place, and no legal or constitutional changes that make Burma more democratic and reduce the power of the military, the complete lifting of EU sanctions would be premature.

In supporting the suspension of EU sanctions, Aung San Suu Kyi is making a bold and brave gesture to the government of Burma, showing she is willing to compromise and take positive steps. The ball is now in the court of the military-backed government. They now have to deliver real change.

Aung San Suu Kyi is reported to have stated: “This would strengthen the hand of the reformers - not just the suspension but the fact that there is always a possibility of sanctions coming back again if the reforms are not allowed to proceed smoothly.”

“The suspension of EU sanctions keeps the pressure on the Burmese government to continue reforms, while also making a strong positive gesture that genuine reforms will be rewarded,” said Anna Roberts, Executive Director of Burma Campaign UK. “For the threat of re-imposition of sanctions to be credible, the EU must set clear timelines and benchmarks. We know from experience that the Burmese government is expert at delaying tactics. We also know the EU can tend to be slow and indecisive, looking for reasons to delay action.”

After years of debate about sanctions, it is now clear that, combined with domestic pressure, sanctions have played an important role in encouraging reform in Burma. To completely abandon sanctions just as they are working would have been a serious mistake.

Burma Campaign UK also warned companies thinking of investing in Burma that they should not think of the country as a place where they can exploit cheap labour and grab natural resources at bargain-bucket prices, thanks to the lack of proper laws protecting workers and the environment. Many sectors attractive to investors, such as mining, timber, oil, gas and dams, have been directly linked to serious human rights abuses and environmental destruction. Any European companies investing in projects where such abuses take place will be subject to high profile boycott campaigns.

“Despite reforms, Burma is still a country with one of the worst human rights records in the world, and where the military has constitutional control over every level of government,” said Anna Roberts. “Burma is still a very long way from being a democracy.”

Despite reforms that have taken place, and allowing the NLD to compete in recent by-elections, human rights abuses have increased since President Thein Sein came to power last year.

On-going human rights abuses which the Prime Minister should raise with President Thein Sein include:
•        Hundreds of political prisoners still in jail, kept in appalling conditions. The International Committee of the Red Cross is still being denied access to prisons to assess conditions and number of prisoners.
•        An increase in Burmese Army attacks against ethnic minority civilians following the Burmese Army breaking ceasefires in Shan and Kachin States. Human rights abuses committed by the Burmese Army in recent months include: Rape, extrajudicial killings, abductions, torture, deliberate targeting of civilians with mortar and machine gun fire, looting, beatings, forced labour and use of child soldiers.
•        The number of people forced to flee their homes who are now internal refugees has risen from around 70,000 in 2010 to more than 150,000 in 2011.
•        The continued blocking of humanitarian aid to internal refugees and other people in ethnic states.
•        Continuing severe repression of the Rohingya Muslim minority in Burma.

Not one repressive law has been repealed in Burma, and there has been no change to the constitution, which guarantees military control at every level of government in Burma.

“The changes in Burma appear impressive in the context of how bad things were before, but there is still a very long way to go to address continuing human rights abuses and start a transition to democracy,” said Zoya Phan, Campaigns Manager at Burma Campaign UK, and a refugee from Burma who twice spoke from the main stage at the Conservative Party conference. “We are yet to see the government or military give up any powers. Some smaller sanctions could now be relaxed to acknowledge and encourage further reform, but the Prime Minister must make it clear deeper reform is needed before all sanctions will be lifted.”

Burma Campaign UK also expressed disappointment that a business delegation is accompanying the Prime Minister on his trip to Burma, even though they will be there on tourist visas. This appears to contradict the government’s own policy of discouraging trade and investment in Burma. In opposition and in government, Prime Minister David Cameron and Foreign Secretary William Hague have shown a strong personal commitment to supporting Burma’s democracy movement. The presence of these businesspeople will open them up to criticism that trade interests, not human rights, are now driving policy on Burma.

NOTES TO EDITORS
In March the UN Special Rapporteur listed a series of human rights abuses, all committed in Burma in recent months, which could constitute war crimes and crimes against humanity. They include: ‘…grave violations of international human rights and humanitarian law, including attacks against the civilian population, extrajudicial killings, internal displacement, the use of human shields and forced labour, confiscation and destruction of property, and conflict-related sexual violence…’

There have been significant changes and welcome reforms in Burma, including the recent by-elections which, although not free and fair, saw Aung San Suu Kyi and her party, the National League for Democracy win 43 seats. It is right that these changes are acknowledged and encouraged.

However, this should not be at the cost of turning a blind eye to serious violations of international law which are being perpetrated against ethnic minorities.

In his last report the UN Special Rapporteur listed a series of human rights abuses, all committed in Burma in recent months, which could constitute war crimes and crimes against humanity.  They include: ‘…grave violations of international human rights and humanitarian law, including attacks against the civilian population, extrajudicial killings, internal displacement, the use of human shields and forced labour, confiscation and destruction of property, and conflict-related sexual violence…’

Burma Campaign UK recently visited the conflict zone in Kachin State, Burma, and documented cases of rape, extrajudicial killings, abductions, torture, deliberate targeting of civilians with mortar and machine gun fire, looting, beatings, forced labour and use of child soldiers by the Burmese Army.  Around 70,000 people have been forced to flee attacks and abuses by the Burmese Army, and President Thein Sein is not allowing aid agencies proper access to deliver essential aid.

“Encouraging further reforms while also addressing serious human rights abuses are not incompatible, and are in fact essential if lasting peace and democratic change are to be secured,” said Mark Farmaner, Director of Burma Campaign UK.  “The UN Security Council has a legal duty to address the increase in violations of international law which have taken place in Burma in the past year.”

NOTES FOR EDITORS:

Burma Campaign UK has launched an appeal for internally displaced refugees in Kachin State, Burma. Donations can be made online at: http://www.burmacampaign.org.uk/index.php/burma/donate/kachin-appeal

BBC Newsnight has investigated the abuses taking place in Kachin State. Their report can be viewed at: http://www.bbc.co.uk/news/world-asia-17564726

Burma Campaign UK is concerned that the Foreign Office is taking too soft a line within the European Union, and is not fighting hard to maintain targeted economic sanctions which are helping to push the government of Burma to start making reforms.

Some EU governments, led by Germany, have long put business interests before human rights in Burma, and favoured lifting sanctions even before there had been any reforms. Following limited top-down reforms now taking place, some EU governments are pushing for a major relaxation of EU sanctions, despite none of the EU benchmarks for reform having been met.  The British government has traditionally been one of strongest within the EU supporting targeted sanctions to promote reform. However, in recent months the British government appears to have softened its policy.

“The British government fought hard to get the EU to impose sanctions, and now, just as sanctions are being shown to have an impact, they are not doing enough to stop major sanctions being relaxed prematurely,” said Mark Farmaner, Director of Burma Campaign UK. “There are still hundreds of political prisoners in jail, and if the British government lets the EU relax pressure prematurely, the chances of them all being released will be small.”

EU Foreign Ministers need to renew sanctions on Burma on 23rd April, but after by-elections due on 1st April could make an announcement as early as next week on which sanctions are lifted or suspended.  The main EU sanctions include a visa ban for government officials and business associates, an asset freeze for people on the visa ban list, a ban on trade and investment in the gems, metals and timber industries, a ban on investment in some named state owned enterprises, withdrawal of GSP privileges, and an arms embargo. There are also restrictions on aid being delivered through the government.

EU members, including the UK, have raised three key issues as benchmarks which need to be met before all sanctions are lifted. None have been met.

Political Prisoners
One is the unconditional release of all political prisoners. While hundreds of political prisoners have been released, most have been released conditionally. Hundreds remain in jail, while the government officially denies they even exist and refuses to allow independent monitors into Burma’s jails to assess how many prisoners remain. In Kachin State, northern Burma, innocent civilians, including farmers, are being jailed and tortured on suspicion of being supporters of the Kachin Independence Organisation. No laws which enabled the jailing of political prisoners have been repealed.

Ending conflict
Ceasefires or provisional ceasefires have been signed with almost all the armed ethnic political parties in Burma. However, the Burmese Army has repeatedly broken these ceasefires, and is bringing in more soldiers and supplies into ethnic states where ceasefires have been signed. No ceasefire has been signed with the Kachin independence organisation in Kachin State, and the Burmese Army is continuing attacks against civilians. The Burmese Army is committing horrific abuses in Kachin state, including rape, torture, executions, beatings, burning villages, looting, and mortar bombing and burning civilian’s homes and villages. President Thein Sein is still refusing to allow the UN and other agencies to operate freely to help the 70,000 internally people forced to flee their homes. Thein Sein is also refusing to enter into genuine dialogue to address the root causes of the conflict, so the ceasefires are likely to be temporary.

Free and Fair By-Elections
Under Burma’s electoral law and many other security and censorship laws, it is impossible for any election in Burma to be free and fair. Small parties especially are marginalised by huge fees for registering candidates and numerous other restrictions.  The National League for Democracy and other parties have also highlighted numerous cases of unfair practices, including problems with voter lists, banning of election rallies, censorship, voter intimidation and bribery.  Censorship and security laws also remain in place which make it impossible for parties and candidates to operate freely. The Unlawful Associations Act also remains in place, which bans many political organisations from being legal parties, including many of the most widely supported ethnic political parties.

The Burmese government has already failed to reach the benchmark of free and fair by-elections before a single vote has even been cast.

Even if the elections were free and fair, it is only for a small number of seats in a Parliament which is constitutionally powerless to do anything without military approval.

None of the benchmarks set by the EU have been met.  Even these benchmarks, while appearing strong, do not require the government of Burma to repeal a single law or make any constitutional change which reduces in any way the power of the government and military over the people.

“EU sanctions should be reduced gradually in response to concrete change,” said Mark Farmaner. “There have been some positive changes in Burma, but at the same time human rights abuses have increased in the past year, and no repressive laws have been repealed.  EU governments appear to be willing to ignore the realities on the ground in the race for EU companies to grab Burma’s rich natural resources.”