Seeking truth and justice for a peaceful

democratic transition in Burma

2018
J a n u a r y - D e c e m b e r

Human Rights
Situation in
Burma [email protected]

www.nd-burma.org
Human Rights Situation in Burma (Jan-Dec 2018) 1
NETWORK FOR HUMAN RIGHTS DOCUMENTATION - BURMA
Cover : Waimaw IDPs camp, Kachin State. (KWAT)

GPO 315, Chiang Mai 50000, Thailand

+66 (0) 53 304 404
[email protected]
www.nd-burma.org
Acknowledgements
ND-Burma is extremely grateful to all interviewees for their courage in
speaking the truth. ND-Burma is also grateful to its member organisations and
their fieldworkers who continue to gather invaluable testimonies at their own
great personal risk.

In addition, we would like to express our gratitude to the numerous people

and institutions that provided critical support and input for the production of
this report.

Human Rights Situation in Burma (Jan-Dec 2018) 3

 About Us
ND-Burma is a network that consists of 12 member organisations who
represent a range of ethnic nationalities, women and former political prisoners.
ND-Burma member organisations have been documenting human rights
abuses and fighting for justice for victims since 2004. The network consists of
six Full Members and six Affiliate Members as follows:

Full Members:

1. Assistance Association for Political Prisoners – Burma

2. Human Rights Foundation of Monland

3. Kachin Women’s Association – Thailand

4. Ta’ang Women’s Organization

5. Ta’ang Students and Youth Union

6. Tavoyan Women’s Union

Affiliate Members:

1. All Arakan Students’ and Youths’ Congress

2. Association Human Rights Defenders and Promoters

3. Chin Human Rights Organization

4. East Bago – Former Political Prisoners Network

5. Pa-O Youth Organization

6. Progressive Voice

4 Network for Human Rights Documentation Burma

Methodology

Fieldworker’s Situation:

Due to the current political context in Burma in which the military is ultimately
in control and armed conflict and related human rights violations occur
on a large scale, security concerns are high for fieldworkers, and human
rights monitoring cannot take place openly. Fieldworkers from ND-Burma’s
member organizations put themselves at great risk to document human
rights violations. Thus, it is not possible to document the true breadth and
scope of all violations that take place in Burma. Fieldworkers and the people
who communicate with victims to document the violations they suffer from
face security risks even in ceasefire areas, as government security forces
and ethnic armed organisations (EAOs) often intimidate and/or threaten
victims to remain silent. Documenting human rights violations in ethnic areas,
especially in conflict areas, can lead to arbitrary arrest under repressive laws,
harassment or even violent retribution.

Documentation:

ND-Burma provides documentation trainings (with assistance from

international human rights non-governmental organisations (NGOs)) to
fieldworkers of member organisations who can then collect information.
Information thus gathered by fieldworkers is then used in ND-Burma reports.
Fieldworkers conduct interviews and collect other information from all over the
country, and individual cases are documented depending on opportunity and
circumstances. The cases presented herein constitute first-hand accounts of
abuses perpetrated by government security forces and EAOs.

However, there are limitations to the data collected. Fieldworkers are unable
to document all human rights violation cases due to accessibility and security
restrictions. The government often restricts access to areas where human

Human Rights Situation in Burma (Jan-Dec 2018) 5

 rights violations have occurred, particularly in active conflict zones, and
fieldworkers refrain from entering these areas for security reasons. In addition,
fear of harassment, arrest and retribution from perpetrators makes many
victims of human rights abuses reluctant to report violations, even when given
the opportunity. Our documentation efforts are therefore unable to capture
every single aspect of human rights violations in our research areas. However,
despite these challenges and difficulties, the information fieldworkers are able
to gather is utilized to the highest degree to highlight the ongoing human rights
abuses in Burma.

Data Management:

Fieldworkers send gathered documents, case studies and information from

the field first to their individual organisations, whose staff then upload the
information to ND-Burma’s database. ND-Burma’s data management team
organises each document and then selects exemplary case studies between
the reporting period for each report (in this case, January to December 2018).
All other information collected during this time period regarding current or
past human rights violations are catalogued in order to continue developing a
robust record of Burma’s history of human rights violations.

6 Network for Human Rights Documentation Burma

Executive
Summary
● ND-Burma documented 94 cases of human rights violations across
11 states and regions during January–December 2018 (see Appendix
3). Fifty-two of those documented violations occurred during 2018, and
the remaining 42 pertained to human rights violations that occurred prior
to the reporting period.

● Similar to ND-Burma’s findings in 2017, the ongoing conflict in Kachin

and northern Shan states was responsible for the majority of human
rights violations documented by ND-Burma member organisations, in
which more than three quarters occurred in Kachin (23 cases) State
and northern Shan (22 cases) State.

● The majority of the cases involved torture and inhumane and

degrading treatment; extrajudicial killings; arbitrary arrest,
detention and forced disappearance; indiscriminate shelling and
bombardments from air strikes and death and injury by landmines,
while the remaining collected data were related to the maintenance of
the historical record and experiences of former political prisoners.

● The majority of human rights violations were committed by government

security forces (74 cases) including torture and inhumane and
degrading treatment; extrajudicial killings; arbitrary arrest and detention;
and indiscriminate shelling and bombardments from air strikes.
ND-Burma member organisations also documented human rights
violations committed by EAOs (5 cases), including arbitrary arrest,
detention and forced disappearance, forced recruitment and labour, and
death as a result of fighting between armed groups in civilian areas.
Civilians were documented in 2 cases of human rights violations,
including one case of human trafficking and one case of religious
discrimination. In 13 cases, unknown perpetrators were responsible for
deaths and injuries of individuals due to landmines.

Human Rights Situation in Burma (Jan-Dec 2018) 7

 ● ND-Burma’s documentation continues to show that government security
forces show little respect for human life, particularly in conflict zones,
through indiscriminate shelling and gunfire near civilian locations.
Civilians continue to ultimately be the victims of human rights violations
by both government security forces and EAOs. An urgent end to armed
conflict and a government-sponsored reparations programme are
essential to address both the impact of human rights violations and to
end the impunity for such abuses.

8 Network for Human Rights Documentation Burma

Overview

Conflict and Displacement:

The reporting period saw approximately 190 armed clashes, with some
32,000 people becoming newly displaced as a result.1 At the time of writing,
there is an estimated 106,000 internally displaced persons (IDPs) in 172
IDP sites in northern Shan and Kachin states, with requests by humanitarian
organizations for humanitarian access to IDP camps outside of Burma
government-controlled areas for the most part being denied.2 In August of
2018, Fortify Rights released “They Block Everything”, allegedly exposing
Burma authorities’ ‘weaponizing’ of the denial of humanitarian aid in Kachin
State by denying delivery of aid, imposing restrictions on access to food,
water, shelter, and other forms of aid to large populations in dire need of
care.3 In addition to Shan and Kachin states, it is estimated that 5,600
persons in Karen State and 129,000 persons in Rakhine State remain
internally displaced due to armed conflict.4 In a widely criticised move in
June 2018, the government announced it would start closing IDP camps
in Rakhine, Kachin, Shan and Karen states, where over 160,000 IDPs are
currently staying.5 However, by December, the Minister for Social Welfare,
Relief and Resettlement admitted it was having difficulties in implementing its
directive, due to issues of freedom of movement, landmines, and citizenship.6

1. Data from Myanmar Peace Monitor 2018 Dashboard.

2. OCHA, Myanmar: Kachin and northern Shan humanitarian access tracking (January
2019), 5 February 2019.
3. See, Fortify Rights, 30 August 2018, “’The Block Everything’: Avoidable deprivations in
humanitarian aid to ethnic civilians displaced by war in Kachin State, Myanmar”.
4. OCHA, About OCHA Myanmar, accessed 11 February 2018.
5. The Myanmar Times, 05 June 2018, “Government launches talks to close all IDP camps”.
6. The Myanmar Times, 03 December 2018, “Govt having difficult time closing refugee
camps: minister”.

Human Rights Situation in Burma (Jan-Dec 2018) 9

 Kachin State

The reporting period from January to December 2018 saw a dramatic

escalation of conflict in Kachin State. The military ramped up its operations
against the Kachin Independence Army (KIA) in the heaviest onslaught since
the KIA took up arms in 1961.7 Clashes took place throughout the reporting
period and were most intense between mid-April and the end of May, when
the military launched simultaneous attacks on three KIA-controlled areas, and
throughout November and December when the military stepped up shelling
near KIA headquarters and deployed fighter jets close to KIA sites in Mansi.
The indiscriminate shelling and constant gunfire into civilian areas and villages
led to the death of a civilian (Case 2). Landmines continued to be a hazard for
those tending to their fields or livestock (Case 3) and for those fleeing Burma
Army attacks (Case 4 and Case 5). In Tanai Township, Burma Army airstrikes
caused the displacement of an entire village, forcing them to walk for one
month through the landmine-riddled jungle until arriving at a makeshift IDP site
hosting 300 other displaced persons (Case 4).

The escalation of conflict during the reporting period led to anti-war protests
in Myitkyina, out of which emerged a Kachin youth movement demanding an
end to the fighting and protection for IDPs. A number of solidarity rallies took
place across the country, with some 300 people demonstrating in Rangoon.
In direct response, in December, three anti-war activists from Myitkyina were
sentenced to six months in prison for defaming the military.8

As previously mentioned, Burma authorities continued to block international

humanitarian aid to conflict-affected IDPs in KIA-controlled areas, and in
August 2018, Fortify Rights released a report implicating China in working
with Burma authorities to “weaponize the denial of humanitarian aid” to
conflict-affected individuals along their shared border and deny access for
humanitarian organizations.9 Back in June, the government sent a letter to
the Myanmar Council of Churches (MCCs), an organisation of local religious
groups, threatening to charge its members under 17/1 of the Unlawful

7. Anthony Davis writing in Asia Times, 30 May 2018, “A vision for war without end in
Myanmar”.
8. The Irrawaddy, 07 December 2018, “Six months behind bars for Kachin peaceful
protesters.”
9. See, Fortify Rights, 30 August 2018, “’The Block Everything’: Avoidable deprivations in
humanitarian aid to ethnic civilians displaced by war in Kachin State, Myanmar”.

10 Network for Human Rights Documentation Burma

Associations Act if they continued to deliver aid to KIA-controlled areas. The
Kachin Baptist Convention (KCB), a highly active humanitarian organisation,
said it would obey the order and seek alternative ways provide aid to IDPs
in KIA-controlled areas. However, in November, the Tatmadaw detained and
arrested 15 KCB members near Laiza under the Unlawful Associations Act,
although they were released after a few days.10

As of the release of this report, the majority of IDPs remain unable to return
home. The potential for further armed clashes and shelling leaves many
of those who fled fearful of returning home, that is if their homes have not
already been destroyed (Case 5). In addition, a large number of IDPs are
unable to go back to their home villages as Burma Army soldiers have set up
camps in their villages and freshly laid landmines also make it too dangerous
for IDPs to return to their villages and plantations.

Northern Shan State

In northern Shan State, the military continued to clash with the Ta’ang
National Liberation Army (TNLA). Offensives against the TNLA were ramped
up in May after the group attacked a security outpost and casino, killing 19
people.11 Further clashes took place in late September/early October in Muse
and Kutkai townships, forcing some 200 civilians to flee from the fighting.12

Civilian areas continued to be a target of Burma Amy shelling, killing and

injuring villagers. In Kutkai Township, Burma Army Light Infantry Division (LID)
88 indiscriminately shelled locations near a village, injuring eight civilians,
including two pregnant women and a child, and killing an eight-year-old
(Case 1). Landmines continue to be a risk for civilians in Shan State, and four
women were seriously injured in Namsan Township after taking a rest at a tea
farm on their way to visit another village (Case 6).

An increased number of arbitrary detentions and forced disappearances of

civilians were documented during the reporting period. In September, seven

10. The Irrawaddy, 05 November 2018, “Military frees last of Baptist group members in
Kachin, NGO says”.
11. Frontier Myanmar, 12 May 2018, “Nineteen dead in fighting between Myanmar army and
TNLA: military”.
12. The Irrawaddy, 01 October 2018, “TNLA, Tatmadaw engage in two days of clashes near
Muse”.
13. The Irrawaddy, 27 September 2018, “Army frees Shan civilians detained over soldiers’
disappearance”.

Human Rights Situation in Burma (Jan-Dec 2018) 11

 Shan civilians in Mon Pan Township, Shan State, were arbitrarily detained
and threatened by Burma Army soldiers after they accused Restoration
Council of Shan State/Shan State Army (RCSS/SSA) soldiers of the forced
disappearance of two Burma Army soldiers; however, the civilians were
released approximately one week later.13 In August, RCSS/SSA soldiers
detained three villagers in Nammatu Township on suspicion of having
connections with the TNLA; they were released two days later after being
tortured and having their money stolen (Case 7). In two separate cases
RCSS/SSA soldiers detained five villagers in March, and another four villagers
in July, on suspicion of connection to TNLA soldiers in the area (Case 8 and
Case 9). As of publication, none of the nine men have been seen since they
were detained by the RCSS/SSA soldiers.

Fighting also continued between the TNLA and the RCSS/SSA throughout the
reporting period, resulting in civilian deaths due to frequent clashes, shelling
and gunfire. Several fierce battles throughout August and September in
Nammatu Township left approximately 2,000 displaced.14

Rakhine State

The reporting period saw the government signing of a Memorandum of

Understanding with UN agencies to work towards the repatriation of refugees
in Bangladesh. Some 700,000 Muslims fled a campaign of military violence
in 2017 and remain in camps in Bangladesh. Critics of the government’s
resettlement plan have called it an attempt to “socially re-engineer” Rakhine
State, allowing the government to better control and monitor Muslim
communities.15 This has led to ongoing concerns regarding the safety of
Muslim refugees repatriated to Burma under the current resettlement plan.

An unclaimed bomb attack in the state capital Sittwe in February led to the
arrest of seven people, including former political prisoner Naing Soe. In
March, he and four of the other arrested individuals were released on bail,
despite not having been charged with a crime. In August, two of the men were
sentenced to six months in prison for illegally crossing the border and reported
being subject to repeated interrogations and sleep deprivation.16 Two of the
men are currently being held on charges of terrorism.

14. Mizzima, 05 September 2018, “Fierce fighting reported between RCSS and TNLA/SSPP”.
15. Reuters, 18 December 2018, “Erasing the Rohingya: Point of no return”.
16. The Irrawaddy, 10 August 2018, “Sittwe bombing suspects get six months for illegal
border crossing”.

12 Network for Human Rights Documentation Burma

The last quarter of 2018 saw renewed armed clashes between the Arakan
Army (AA) and the military in Rakhine State’s Buthidaung and Rathedaung
townships. More than 700 villagers were displaced in December after daily
clashes erupted in northern Rakhine State.17

Karen State

There were more clashes between the Karen National Liberation Army (KNLA)
and the Burma military despite the Karen National Union’s (KNU) signing
of the Nationwide Ceasefire Agreement (NCA) in 2015. In March, several
armed clashes broke out between the two after the Burma military entered
the territory of the KNU’s 5th Brigade (Hpapun) claiming to re-start efforts on
a roadworks. The KNU perceived this incursion as an effort to expand the
area under the military’s control and armed clashes subsequently broke out,
leading to the displacement of approximately 2,000 civilians. The two groups
again exchanged fire several times in August.18

Conflict and Peace Process:

The government held its third session of the 21st Century Panglong
Peace Conference from 11 to 16 July. The conference brought together
representatives from the Union government, military, political parties, and
armed groups to negotiate the draft Union Accord for Peace, which will
become the basis of a future federal union. The five-day session ended with
the agreement on 14 new basic principles, bringing the total number of agreed
upon principles to 51, which cover a range of political, economic and social
issues. However, controversial issues such as constitutional reform and
resource-sharing were not discussed.

17. The Irrawaddy, 20 December 2018, “Over 700 people flee homes as Tatmadaw, AA clash
in northern Rakhine”.
18. The Irrawaddy, 30 August 2018, “Clashes break out between Myanmar Army and KNLA”.

Human Rights Situation in Burma (Jan-Dec 2018) 13

 In October, a two-day summit was held between the government and EAOs
signatory to the NCA, setting guidelines for the discussion of two key unsettled
points in the negotiations: non-secession from the union and the formation of
a unified army. The 4th session of the 21st Century Panglong agreement is
scheduled for early 2019.19

Ten armed groups have currently signed the NCA, with two new groups—the
New Mon State Party (NMSP) and the Lahu Democratic Union (LDU)—
signing in February. Although organisations signatory to the NCA are the only
groups permitted to formally negotiate at the Panglong Peace Conference,
non-signatories were invited as observers to the latest session. This included
all seven members of the Federal Political Negotiation and Consultative
Committee (FPNCC)—a political alliance that includes several groups
in active conflict with the military.20 The reporting period saw a number
of informal talks take place between the military, government and armed
groups.21

19. Signatories at the time of writing were: New Mon State Party (NMSP), Lahu Democratic
Union (LDU), Karen National Union (KNU), Karen National Liberation Army-Peace Council
(KNLA-PC), Democratic Karen Benevolent Army (DKBA), Restoration Council of Shan
State/Shan State Army-South (RCSS/SSA-S), All Burma Students Democratic Front
(ABSDF), Chin National Front (CNF), and Pa-O National Liberation Organization (PNLO).
20. Members at the time of writing were: United Wa State Army (UWSA); Kachin
Independence Army (KIA); National Democratic Alliance Army (NDAA); Shan State
Progress Party (SSPP); TNLA; Arakan Army (AA); and Myanmar National Democratic
Alliance Army (MNDAA).
21. For example, the military and KIA held two bilateral meetings in February and the
government’s Peace Commision held meetings with the Shan State Progressive Party
(SSPP) in May. Source: Myanmar Peace Monitor 2018 Dashboard.

14 Network for Human Rights Documentation Burma

Several NCA signatories reported facing obstruction from the military when
trying to hold ‘national-level dialogues.’ These political dialogues allow NCA
signatories to bring together different stakeholders in their constituencies
to discuss input in the upcoming peace negotiations. Although they are
enshrined under the terms of the NCA, the military obstructed preparations for
dialogues in Mon and Shan states.22

In late December, the Burma military announced a unilateral four-month

ceasefire effective in all conflict areas in the north and northeast of Burma
in order to progress peace talks.23 Shortly after, the Northern Alliance—the
KIA, TNLA, the AA, and the Myanmar Democratic Alliance Army (MNDAA)—
released a statement stating that the ongoing attacks against the AA in
northern Rakhine State by the Burma Army must end if meaningful peace
negotiations with the Burma Army are to occur.24

Freedom of Expression:

The reporting period saw the government continue to stifle freedom of

expression and freedom of assembly through legal harassment and violence,
targeting media organizations, journalists, and civilians.

In a case that garnered international attention, two Reuters reporters, who

were arrested and charged under the colonial-era Official Secrets Act, were
sentenced to seven years in prison in September, in what many believe to
be a case of entrapment. Wa Lone and Kyaw Soe Oo were arrested in 2017
after being given documents by police relating to a mass grave in Rakhine
State following the wave of anti-Muslim violence that occurred in the latter
part of 2017. A request to dismiss the case on account of a lack of substantive
evidence was rejected in April. Shortly after, one of the policemen who had
arrested the journalists confirmed that officers had been ordered to “trap” the
pair. He was promptly charged with violating the Police Disciplinary Act and
has been jailed for one year. Wa Lone told the court that he and Kyaw Soe
Oo were hooded, forced to kneel on the floor for long stretches of time, and

22. For example, see Human Rights Foundation of Monland, 19 March 2018, “Burma Army
orders the NMSP to limit the number of attendees at planned NCA forums”.
23. The Irrawaddy, 21 December 2018, “Tatmadaw announces four-month ceasefire in north,
northeast”.
24. The Irrawaddy, 28 December 2018, “Northern alliance demands ceasefire covers Rakhine
State.”

Human Rights Situation in Burma (Jan-Dec 2018) 15

 deprived of sleep for up to three days during interrogation.

In October, two editors and a journalist from Eleven Media Group were
arrested and held at Insein Prison after the Rangoon government filed a suit
accusing them of reporting incorrect information regarding the city’s budgeting
and spending of public funds.25 Despite an order from the President’s Office
for the Rangoon city government to comply with the Media Law requiring
them to attempt to settle disputes outside of the court system first, the city
government declined to drop the case, demanding a published apology by
Eleven Media Group in government newspapers.

The right to protest and freedom of assembly was severely restricted over
the reporting period, with several high-profile cases occurring, indicating a
shrinking civic space for freedom of assembly and protest. In January, a police
crackdown on a protest of some 4,000 people in Rakhine State led to the
deaths of seven people, with a further 12 being injured. The demonstrators
were protesting a local government decision to withhold permission for
an annual event commemorating the fall of the Arakan Kingdom in the
18th century. Eight Arakanese men were detained for approximately eight
months in prison for their participation in the protests. They were released in
September and promptly rearrested, with police stating they plan to apply new
charges under the Union Flag Law.26

25. The Irrawaddy, 11 October 2018, “Yangon gov’t demands apology from Eleven Media”.
26. The Irrawaddy, 25 September 2018, “Eight Arakanese re-arrested after completing
sentence for Mrauk-U protest”.

16 Network for Human Rights Documentation Burma

In Kachin State, anti-war demonstrations started at the end of April and
continued throughout the beginning of May. The Northern Command of the
Burma Army sued three of the organisers for defamation after they accused
the military of committing human rights violations against Kachin civilians and
calling for protection of IDPs. In December, they were each sentenced to 6
months in prison for defaming the military.

Two further organisers of the protest were fined for having violated Article
19 of the Peaceful Assembly and Peaceful Procession Law. A solidarity
protest held in Rangoon in mid-May was violently dispersed by police and
17 organisers were charged with disturbing the public and holding a protest
without permission.27 In September, two poets and one peace activist were
found guilty of violating the Peaceful Assembly and Peaceful Procession Law
for participating in the May protests and given the choice of a fine or 15 day’s
imprisonment. The latter chose imprisonment to demonstrate the judicial
system’s culpability in the stifling of free expression.

In June, Yangon authorities banned all events marking the seven-year

anniversary of the resumed war in Kachin State. Organisers of a prayer event
to commemorate the anniversary in the Kachin capital of Myitkyina were
charged under Article 19 of the Peaceful Assembly and Peaceful Procession
Law despite having received prior permission from authorities.

Furthermore, three reporters for a local news organisation were briefly

detained in the Irrawaddy Region by the Burma Army while researching a
story on the alleged recruitment of a child soldier.28

Justice:

The reporting period saw a renewed international push to hold government

security forces accountable for mass human rights violations. The European
Union and Canada imposed sanctions on seven senior figures from the
military, police and Border Guard Force (BGF).29 The military did not respond

27. For more background on the repression of the Mytkyina and Yangon protests see:
Progressive Voice, July 2018, “Time to Hear Our Voices, Freedom of Assembly and the
Youth Peace Movement in Myanmar”.
28. Frontier Myanmar, 24 June 2018, “Three Myanmar Now reporters detained at Yegyi
military Camp”.
29. Council Implementing Regulation (EU) 2018/898 of 25 June 2018 implementing
Regulation (EU) No 401/2013 concerning restrictive measures in respect of Myanmar/
Burma.

Human Rights Situation in Burma (Jan-Dec 2018) 17

 directly to the sanctions but allowed one of the sanctioned generals to resign,
while another was dismissed for apparently unrelated reasons.

The UN Special Rapporteur on the situation of human rights in Myanmar,

Yanghee Lee, urged for Burma to be referred to the International Criminal
Court (ICC) so that those responsible for mass human rights violations can
be investigated and prosecuted. She proposed the establishment of an
international accountability mechanism to prepare for an ICC investigation.30
Yanghee Lee continues to be banned from entering the country, as are
investigators from the UN-mandated fact-finding mission tasked with verifying
allegations of mass human rights violations. The government created another
internal commission to investigate allegations of human rights violations
comprised of two local and two international members. Previous such
commissions have absolved soldiers of serious misconduct.31

In August, the UN released a report that strongly condemned the Burma

Army’s role in the violence and human rights violations in Rakhine State that
led approximately 700,000 Muslims to flee the country during the last quarter
of 2017.32 The report recommended the case be referred to the ICC, citing six

30. Oral update by Ms. Yanghee Lee, Special Rapporteur on the Situation of Human Rights in
Myanmar at the 38th session of the Human Rights Council, 27 June 2018.
31. Human Rights Watch, 07 August 2017, “Burma: National Commission Denies Atrocities”.
32. Human Rights Council, 39th Session, 10–28 September, Report of the Independent
International Fact-Finding Mission on Myanmar.

18 Network for Human Rights Documentation Burma

specific senior military figures that should be prosecuted for their role in the
large-scale human rights violations that occurred. In response, the Burma
government rejected the UN report’s accusations, clearing itself of any wrong-
doing in the military crackdown on the Muslim population in late 2017.

The military also took legal actions against a number of low-ranking soldiers
accused of committing human rights violations. In January, six soldiers
were sentenced to 10 years in jail with hard labour for killing three Kachin
civilians. In April, seven soldiers were sentenced to ten years in jail for the
killing of Muslim men in northern Rakhine State. The murdered men were
found in a mass grave that the Reuters journalists had been investigating
and subsequently sentenced to seven years in prison for (see Freedom of
Expression above). All cases were heard in secret military courts.

As of the end of December 2018, there were currently 292 individuals facing
trials for their political beliefs, including 56 currently awaiting trial in prison and
236 released on bail. April saw the release of 36 political prisoners under a
mass government amnesty, including the release of two Kachin pastors who
had been detained since December 2016 and charged with Article 17/1 of the
Unlawful Associations Act after helping media to document military attacks
in northern Shan State. Lahpai Gam, a Kachin farmer who was arrested
in 2012 under the Unlawful Associations Act and was badly tortured, was
also released. Former political prisoners do not receive redress following
incarceration and the government has no formal definition of the term ‘political
prisoner’, meaning they are not formally recognised as such. January saw
the death of San Zaw Htway and Zaw Min, two former political prisoners
who died of liver ailments. Their illnesses have been ascribed to the poor
prison conditions they endured over years of incarceration; both died without
receiving government recognition or redress.

The reporting period saw no meaningful government action on reparations

for victims of human rights violations. Domestic civil society instead continues
to provide assistance to victims. In February, a healthcare centre offering
free treatment for former political prisoners opened in Rangoon. It is run by
activists and former political prisoners. A monument commemorating the 8888
uprising was being built by activists in Bago at the time of writing.

Human Rights Situation in Burma (Jan-Dec 2018) 19

 CASE STUDIES
Case 1: Burma Army shelling killed one villager and injured seven in M---
village, Kutkai Township, northern Shan State, 28 June 2018
(Ta'ang Women's Organization)

On the morning of 28 June, Burma Army LID 88 shelled TNLA soldiers

stationed near M--- village, Kutkai Township, Muse District, northern Shan
State. According to one villager, “Burma troops started shelling from above the
monastery, hitting the houses. Burmese troops brought cars and motorcycles
to send injured villagers to Kutkai hospital. Villagers received serious injuries
and were very scared.”

A total of eight villagers were injured during the shelling, including two
pregnant women and two children aged seven and eight. The eight-year-
old was struck in the back and died due to the severity of his injuries. The
remaining victims were treated in hospital free of charge, but several have
lingering health issues.

20 Network for Human Rights Documentation Burma

Case 2: Burma Army soldiers shot and killed a local civilian in Ma---
village, Kamaing sub-Township, Kachin State, 2 January 2018
(Kachin Women’s Association Thailand)

On 2 January 2018 at 6:30 in the morning, U T---, a local farmer, was shot
and killed by soldiers from Burma Army Infantry Battalion (IB) 255. U T---
was holding a torch on his way to the outhouse when he was fired upon by
soldiers, after which a barrage of indiscriminate gunfire and shelling was
directed towards the village. The bombardment lasted for approximately 15
minutes. Villagers believe the Burma Army suspected members of a local
militia were staying in the village; however, villagers reported only hearing
shots fired by Burma Army soldiers. U T---’s wife and children were given
500,000 kyat ($327.13 USD) for his funeral, and Lieutenant Colonel Aung
Aung stated his death was “unintentional”.

Case 3: 58-year-old villager lost leg after stepping on a landmine, Kachin

State (Kachin Women’s Association Thailand)

On 10 May 2018, 58-year-old U S--- stepped on a landmine as he was

heading out to the field to check on his cows. His relatives sent him to
Myitkyina Hospital, where he lost his left leg. U S--- spent four months at
home convalescing, and his family is currently in a dificult economic situation.
According to an interview with the victim’s niece, they do not know who
planted the landmine; however, the incident took place in an area known for
armed conflict between the Burma Army and the KIA.

Case 4: Burma Army airstrikes displaced villagers, A--- village, Tanai

Township, Kachin State, 11 April 2018 (Kachin Women’s Association
Thailand)

On 11 April 2018, Burma Army jets dropped several bombs near A---
village around 1:30 pm. According to one woman, “Our village is near KIA
troops…Thus, almost 50 people were displaced to K--- [area] which is full
of landmines. We rested and slept there for four days and then we went
next to H--- [area] for two days of rest there.” Hearing that the Burma Army
had arrived in her village, they decided to press on eventually arriving at a
makeshift IDP camp with 300 other people.

Human Rights Situation in Burma (Jan-Dec 2018) 21

 “We walked almost one month in the jungle. On the way we rested
five days because most of the people were blind, in bad health, or
were old men and women, or children, who couldn’t walk…If we
had food, we would have shared food with each other, but we didn’t
have food and didn’t share with each other while we were displaced.
Most of the time we didn’t eat. Infants were carried in front and
some children were carried on the[ir] [mother’s] back. Some women
delivered on the way.”

Several civilians were wounded by the Burma Army air strikes, and at least
one individual was killed. Villagers are currently staying at Nawng Nang IDP
camp and have expressed concerns about being displaced again in the future.

Case 5: Civilian injured by Burma Army air strikes, A--- village, Tanai
Township, Kachin State, 11 April 2018(Kachin Women’s Association
Thailand)

On 11 April 2018, Mr. L--- was severly injured by Burma Army airstrikes. After
hearing the aircraft engines, Mr. L--- immediately directed his wife and son into
their neighbour’s bunker to hide. As he was about to descend into the bunker,
he was hit on his left arm.

“As I was shot in the arm, my wife could do nothing but cry. We could
hear the bullets passing around the bunker we were hiding in. My
injured arm was bleeding a lot, but I stayed strong as I was with my
beloved son and wife.”

Mr. L--- was taken to the KIO’s (Kachin Independence Organisation) hospital,
where he received treatment for his wounds. After treatment at the hospital,
Mr. L--- returned that day to his village to find his home completely destroyed
by the bombardment. Mr. L--- decided to flee the village just as the other
villagers had.

“It was such a hard time. I was taken care of by two nurses from the
KIA on the way. As they could not come along with me [all the way],
they gave me all the medicine I needed to take along the way. We had
to walk for 20 days. As for food, we searched and had to survive as
best as possible. We brought some salt and pepper with us...I could
not carry anything, and my wife and her sister did it for me.”

22 Network for Human Rights Documentation Burma

Case 6: Four villagers injured by a landmine on a tea farm, K--- village,
Namsam Township, northern Shan State, 12 May 2018 (Ta'ang Women's
Organization)

Four villagers taking a rest on a tea farm were injured after stepping on a
landmine. Daw A--- (30 years old), Daw O--- (50 years old), Ma Z--- (14 years
old) and Ma N--- (20 years old) were able to call for help and were sent to

Namsam Hospital. They were transferred to Lashio Hospital later due to the
severity of their wounds. Daw A--- and Ma N--- spent over a month in the
hospital recovering, while Daw O--- and Ma Z--- were released after two
weeks. It is unclear who planted the landmine, although an unknown military
column was conducting exercises near Sakantar village three days prior to the
incident.

Case 7: RCSS/SSA soldiers abitrarily detained three villagers in

Nammatu Township, Shan State, 14 August 2018 (Ta'ang Women's
Organization)

Restoration Council of Shan State/Shan State Army (RCSS/SSA) soldiers

arbitrarily detained and tortured three villagers suspected of being connected
with the TNLA. On their way back from cutting bamboo shoots in the forest,
the three villagers encountered RCSS/SSA soldiers, who detained the
villagers and took their money. The villagers were detained for two days and
were then released on 16 August 2018, after an RCSS/SSA leader went to the
village and investigated the detained villagers, receiving information that they
were innocent. During those two days of detainment, the RCSS/SSA soldiers

Human Rights Situation in Burma (Jan-Dec 2018) 23

 beat the villagers with bamboo and guns and tied them to trees.

Case 8: RCSS/SSA soldiers arbitrarily detained and forcibly disappeared

five villagers in Nammatu Township, northern Shan State, 15 March 2018
(Ta'ang Women's Organization)

Restoration Council of Shan State/Shan State Army soldiers arbitrarily

detained and forcibly disappeared five Ta’ang civilians after fighting between
the RCSS/SSA and TNLA had ceased. The five men were arrested after
returning to their village from a monastery where they had been sheltering
during the fighting. According to witnesses, they were questioned about
whether “TNLA soldiers [were] staying in the village or not.” It has been 11
months since the men were detained, and they have not been seen since.

Case 9: RCSS/SSA soldiers arbitrarily detained and forcibly disappeared

four villagers, P--- and M--- villages, northern Shan State, 31 July 2018
(Ta'ang Women's Organization)

On 31 July, RCSS/SSA soldiers arbitrarily arrested and forcibly disappeared

four villagers at the crossroads between M--- and P--- villages.

“When we were going to the M--- market we didn’t see any soldiers,
but on the way back home I looked back and saw two RCSS/SSA
soldiers arresting my friends. I rode home quickly and told our
village head what had happened,”
said a witness.

That morning, RCSS/SSA soldiers phoned the M--- village administrator

and threatened that they would burn down the village if they talked publicly
about the missing villagers. Villagers in the M--- area are regularly targeted
by RCSS/SSA soldiers, and the whereabouts of the four villagers remain
unknown.

A villager from K--- said,

“We appeal to the RCSS/SSA to release all our villagers and not to
arrest any more villagers. Our villagers are not involved in the conflict
and should not be used as hostages by armed groups.”

24 Network for Human Rights Documentation Burma

Case 10: Arakanese Writer Wai Hun Aung and MP Dr Aye Maung were
arbitrarily Detained by the Myanmar Authority (All Arakan Students’ and
Youths Congress)

On 16 January 2018 at 5:15 PM, Sittwe Police Chief Aye Khine Maung
arrested Arakanese writer Ko Wai Hun Aung (aka Aung Kyaw Won, 34), son
of U Aung Thar Twan, from his residence in Sittwe for delivering a speech
at the commemoration event of the 233 rd anniversary of the fall of the
Arakanese Kingdom in Rathedaung Township held on 15th January 2018.
The government filed three different cases against him. He was charged
under Section 17/1 of the Unlawful Associations Act by Station Officer Kyaw
Nu of Rathedaung Township police station and Sections 122 and 505(b) and
(c) of the Myanmar Penal Code, which include charges of mutiny against the
state, high treason, and incitement, by Deputy Township Administrator Khin
Maung Oo of Sittwe.

In a similar case, Arakanese political leader Dr. Aye Maung (60), a member
of parliament in the lower house (People’s Parliament) representing the
Ann Township constituency, was also arrested at his residence in Sittwe by
the local police on 18 January 2018. He was also accused under Section
17/1 of the Unlawful Associations Act and Sections 122 and 505(b) and (c)
of the Myanmar Penal Code of charges of high treason and incitement, by
Kyaw Nu, the station officer of Rathedaung Township, and Deputy Township
Administrator Khin Maung Oo of the General Administration Department of
Sittwe Township in Rakhine State, respectively, for his speech at the 233
rd anniversary of the downfall of the Arakanese Kingdom in Rathedaung

Human Rights Situation in Burma (Jan-Dec 2018) 25

 Township held on 15 January 2018. He allegedly told the public in his speech
to take advantage while the Burmese government was politically weak and to
struggle towards the achievement of Arakanese sovereignty.

Currently, both Ko Wai Hun Aung and Dr. Aye Maung are under detention in
Sittwe judicial custody and their trials are ongoing. As per the publication of
this report, the last time they appeared in court was 31 st December 2018.

Case 11: 28-year-old woman killed and 2 injured after separate landmine
incidents, Q--- village, Paletwa Township, Chin State, 20 October 2018
(Chin Human Rights Organization)

A 28-year-old woman was

killed, and an 18-year-
old woman injured after
stepping on a landmine near
K--- area, a 30-minute walk
away from Q--- village. They
were found by five women
who were looking for wood,
bamboo, flowers, and other
natural goods. The 28-year-
old left behind a 5-year-old

26 Network for Human Rights Documentation Burma

daughter.

Three days later, on 23 October 2018, a 35-year-old man stepped on a

landmine in Paletwa Township, severely injuring his leg. Villagers now report
avoiding forest areas for fear of stepping on landmines, and although the
Arakan Army has been active in the area, no one can confirm who planted the
landmines.

Human Rights Situation in Burma (Jan-Dec 2018) 27

 CONCLUSION

During the reporting period, ND-Burma documented a similar number of

human rights violations as the previous year, indicating little change in the
fact that civilians remain the ultimate victims in the armed conflicts which rage
across many parts of Burma. Despite the signing of the Nationwide Ceasefire
Agreement with a number of EAOs and the government of Burma’s purported
commitment to establishing peace and democracy, human rights violations
continue to occur on a disturbingly large scale in both conflict and non-conflict-
affected areas of the country.

Intense fighting between the military and EAOs over the reporting period,
particularly in Kachin, Shan and Rakhine states, resulted in ND-Burma
recording a large number of conflict-related human rights violations
perpetrated against civilians. The majority of human rights violations were
committed by government security forces, who frequently use a great deal
of cruelty against non-combatants. The use of indiscriminate shelling and
gunfire, as well as air strikes, by state security forces near civilian locations
has led to untold deaths and injuries, and the displacement of thousands of
individuals in Kachin and Shan states.

Ethnic armed organisation soldiers also commit human rights violations

against civilians. This includes the laying of landmines, which are responsible
for an increasing number of deaths and injuries in conflict zones. Ethnic
armed organisation troops also sometimes base themselves in and around
civilian areas, attracting shelling and gunfire from government forces, as well
as arbitrarily detaining villagers suspected of having ties with other EAOs,
subjecting them to torture and even forcibly disappearing them.

A lack of respect for human life and dignity runs through all of the cases of
human rights violations ND-Burma records. Weak rule of law and a culture
of impunity means the vast majority of victims never see justice or receive
redress for what they have suffered. This is despite the fact that victims of
human rights violations often have immediate and significant needs, such as

28 Network for Human Rights Documentation Burma

medical care or livelihood assistance. The Burmese government therefore
needs to urgently implement a reparations programme to address victims'
needs and build a system that respects human rights.

Human Rights Situation in Burma (Jan-Dec 2018) 29

 APPENDICES

Appendix 1: ND-Burma Documented Human Rights Violations from

January–December 2018

30 Network for Human Rights Documentation Burma

Appendix 2: ND-Burma Documented Human Rights Violation Categories
vs. Months (January–December 2018)

Human Rights Situation in Burma (Jan-Dec 2018) 31

 Appendix 3: ND-Burma Documented Human Rights Violations States and
Regions vs HRVs January–December 2018

32 Network for Human Rights Documentation Burma

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Human Rights Situation in Burma (Jan-Dec 2018) 33