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UA: 213/13 Index: ASA 16/003/2013 Myanmar
Amnesty International
Date: 6 August 2013

URGENT ACTION
MYANMAR ACTIVIST ARBITRARILY DETAINED

74-year-old human rights defender Kyaw Hla Aung has been arbitrarily detained in Myanmar since 15 July. He is in poor health and may not be receiving the medical treatment he requires. He is on trial, facing charges related to his peaceful activities.

Kyaw Hla Aung has been in arbitrary detention in Sittwe Police Station No. 1 in Myanmar’s Rakhine state since 15 July 2013. He suffers from hypertension (high blood pressure) and gastric problems and requires regular treatment with medicine. There is concern that he may not have access to appropriate medical treatment or a lawyer of his choosing and that the conditions of detention fail to meet international human rights standards.

Kyaw Hla Aung had been in hiding and in fear of arrest after the Myanmar authorities arrested several Muslim leaders following community protests against a government-led population registration exercise conducted in Rakhine state in April 2013. Tensions arose when members of the Rohingya community refused to identify themselves as “Bengali”, which is viewed by many as a divisive term used to deny recognition to the Rohingya community in Myanmar and imply that all Rohingya are actually migrants from Bangladesh. Protests forced the authorities to suspend the registration exercise. Kyaw Hla Aung was not present during the protests. Instead, he tried to contact other Muslim leaders in an attempt to stop the protests from becoming violent. He has likely been targeted as he is an influential Rohingya human rights defender with connections to the international community.

On 15 July 2013, a police officer and two plainclothes officials took Kyaw Hla Aung from his temporary shelter in Sittwe and brought him to the Sittwe police station for questioning. The police did not inform him of the charges against him at the time. He was reportedly brought before the Sittwe District Court on 31 July 2013, and has been charged under Articles 148 (rioting, armed with a deadly weapon), 150 (hiring or conniving at hiring of persons to join an unlawful assembly), and 333 (voluntarily causing grievous hurt to a public servant to deter him from his duty) of the Myanmar Penal Code. Court sessions are reportedly due to continue on 14 August 2013. He remains detained in the Sittwe police station. According to credible sources, he has not been seen by a doctor in detention, and the authorities are not providing him the medicines he requires. He does not have access to clean drinking water or water for bathing, and family members have not been allowed to visit him in detention.

Please write immediately in English or your own language, urging the authorities to:
  • Immediately and unconditionally release Kyaw Hla Aung and drop all charges against him;
  • Ensure that Kyaw Hla Aung is not tortured or otherwise ill-treated in detention, and that he has access to medical treatment, lawyers of his choosing and visits from family members; and
  • Ensure that prison conditions, conditions in detention facilities, and the treatment of prisoners meet standards provided for in the UN Standard Minimum Rules on the Treatment of Prisoners.

PLEASE SEND APPEALS BEFORE 17 SEPTEMBER 2013 TO:

Attorney General
Dr. Tun Shin
Office of the Attorney General Office
No. 25, Nay Pyi Taw
Republic of the Union of Myanmar
Salutation: Dear Dr. Tun Shin

Director General, Myanmar Police Force
Brig-General Zaw Win
Ministry of Home Affairs
Office No. 10, Nay Pyi Taw
Republic of the Union of Myanmar
Fax: +951 549 663 / 549 208
Salutation: Dear Director General

And copies to:
Minister for Home Affairs
Lt. Gen. Ko Ko
Ministry of Home Affairs
Office No. 10
Nay Pyi Taw
Republic of the Union of Myanmar

Also send copies to diplomatic representatives accredited to your country.

Please check with your section office if sending appeals after the above date.

URGENT ACTION
MYANMAR ACTIVIST ARBITRARILY DETAINED

ADDITIONAL INFORMATION

Kyaw Hla Aung is a prominent Rohingya lawyer and former staff of a humanitarian non-governmental organization. He has spent more than 16 years in prison in Myanmar due to his involvement in peaceful activities, and continues to be monitored and harassed by the authorities. Most recently, he was arbitrarily arrested and detained in June 2012 along with several Rohingya aid workers following violence between Buddhist and Muslim communities in Rakhine state. He was later released in August 2012.

Peaceful activists and human rights defenders continue to face arbitrary arrest, detention and harassment in Myanmar. Amnesty International highlighted recent arrests in a public statement on 4 July 2013 (see:

Under Article 2 of the UN Declaration on Human Rights Defenders, each state has a duty to create the conditions necessary to defend human rights within their jurisdictions. However, human rights defenders in Myanmar continue to be arrested, detained and imprisoned simply for their involvement in peaceful activities. Human rights defenders in Myanmar also face intimidation and harassment. Amnesty International calls on the Government of Myanmar to ensure an environment in which it is possible to defend human rights without fear of reprisal or intimidation.

Prisoners of conscience and other detainees in Myanmar are at risk of torture and other ill-treatment and many are held in poor conditions which do not meet the UN Standard Minimum Rules for the Treatment of Prisoners. Article 24 of the UN Standard Minimum Rules for the Treatment of Prisoners states that a medical officer should see and examine all prisoners as soon as possible after their admission, and Article 25 states that the medical officer should daily see all sick prisoners. Further, Article 20 states that all prisoners should be provided with “food of nutritional value adequate to health and strength” and that “drinking water should be available to every prisoner when he needs it”. In addition, Article 15 states that prisoners should “be provided with water and with such toilet articles as are necessary for health and cleanliness”.

The Rohingya have faced discrimination for decades in Myanmar. They are not recognized as an official ethnic group and continue to be denied equal access to citizenship rights. Their rights to study, work, travel, marry, practise their religion, and receive health services are restricted to various degrees.

Name: Kyaw Hla Aung
Gender m/f: M

On a recent visit to London Myanmar's leader Thein Sein announced he would release all prisoners of conscience. © 2013 Getty Images
July 17, 2013

Amnesty International has called into question President Thein Sein’s recent commitment to clear Myanmar’s jails of prisoners of conscience by the end of the year. 

On the same day he made this promise to delegates at a conference in London, police in Myanmar’s Rakhine state arbitrarily detained a 74-year-old Rohingya human rights defender. 

“The government continues to rely on repressive laws to silence dissent and jail peaceful protesters in Myanmar,” said Amy Smith, Amnesty International’s Myanmar researcher. 

“For there to be lasting change in the country, these practices need to be stopped and the laws need to be brought in line with international standards.” 

During a speech at the independent policy institute Chatham House in London on 15 July 2013, President Thein Sein said, “I guarantee to you that by the end of this year, there will be no prisoners of conscience in Burma.” 

Thein Sein added that all cases are being reviewed through a committee established by the government earlier this year, “to ensure that no one remains in prison due to his or her political beliefs.” 

“We’ll be looking to President Thein Sein to make good on this promise. He could start by avoiding the creation of new prisoners of conscience by ending the arrest and imprisonment of human rights defenders and peaceful protesters,” said Smith. 

Since Monday, U Kyaw Hla Aung, a 74-year-old prominent Rohingya lawyer and former staff of an humanitarian non-governmental organisation has been held in police custody in Rakhine state. 

U Kyaw Hla Aung has spent more than 16 years in prison in Myanmar due to his involvement in peaceful activities, and continues to be monitored and harassed by the authorities. Most recently, he was arbitrarily arrested and detained in June 2012 along with several Rohingya aid workers following violence between Buddhist and Muslim communities in Rakhine state. He was later released in August 2012. Amnesty International believes he is currently being targeted as an influential Rohingya human rights defender with connections to members of the international community. 

“U Kyaw Hla Aung joins scores of other human rights defenders who have recently been arrested, charged, or detained for their involvement in peaceful activities. The charges against these activists should be dropped and those detained should be immediately released,” said Smith. 

On 4 July 2013, Amnesty International highlighted recent arrests of human rights defenders and peaceful protesters in Myanmar in a public statement. The authorities rely on a range of domestic laws to criminalize individuals exercising their rights to freedom of expression, assembly, and association. Amnesty International called on the Myanmar government to bring these laws in line with international human rights standards. 

Since the statement was issued, further activists have been arrested. For example, on 10 July 2013, police in Pyay Township in Bago Region arrested activist Wai Phyo for organizing a “Free Political Prisoners” poster campaign in July 2011. He is being charged with violating the 1962 Printing and Publications Registrations Act. Wai Phyo is the Secretary of Generation Wave, a pro-democracy youth group in Myanmar. 

“It’s all well and good for Thein Sein to promise an end to prisoners of conscience, but there is a long way to go from what we’ve seen in recent months,” Smith said.
Thousands of Rohingya Muslims have been displaced by the violence in Rakhine state
© AFP/Getty Images
May 1, 2013

Recommendations in a government-backed report investigating last year's devastating violence in Myanmar fail to effectively tackle discrimination against Rohingya Muslims and could trigger more human rights abuses, Amnesty International said. 

The government-appointed Rakhine Commission this week issued a briefing on its investigation into violence between Buddhist and Muslim communities in Rakhine state, western Myanmar, which first erupted in June 2012. The clashes have resulted in a considerable loss of life and left thousands displaced. 

The Commission, which did not include any Rohingya on its panel, called on the government to “double” the presence of security forces in Rakhine state, including the Border Security Force (NaSaKa) 

“There are some positive steps in this report but also several flaws. Deploying more security forces without first suspending -- pending further investigation -- those who may have been involved in human rights violations during last year's violence could fuel further abuses," said Isabelle Arradon, Amnesty International's Asia Deputy Director.

"Comprehensive reform of the security forces, including the establishment of robust accountability mechanisms, adequate vetting systems and training on relevant international standards, is also essential."

Since June 2012, the NaSaKa, police and army have arbitrarily detained hundreds of men and boys, mostly from Muslim-dominated areas, and subjected many of them to torture and other ill-treatment. 

There are also consistent reports that security forces have failed to protect members of the Muslim community, particularly the Rohingya minority, from attacks. In some cases, security forces have used unnecessary and excessive force that has led to deaths and injuries.

The Commission did recommend the establishment of a Truth-Finding Committee, and stressed the need to ensure that those who break the law are “prosecuted”. 

“A Truth-Finding Committee is a positive step, as long as it is part of an independent investigation to determine responsibility for the violence and its findings are released to the public," said Isabelle Arradon.

"But such a commission should not bar or replace criminal justice, or reparation for crimes under international law.” 

The Commission said citizenship claims by Rohingya, who are referred to in the report as "Bengali", should be addressed in a “transparent and accountable manner.” 

However, it failed to call for a review of the 1982 Citizenship Law, which has rendered Rohingya Muslims effectively stateless.

"Under international human rights standards no one must be left stateless. Anything short of granting the Rohingya equal access to citizenship is in itself a form of discrimination which should be urgently addressed,” said Isabelle Arradon

The Commission also called for several measures to address the ongoing humanitarian crisis in Rakhine state, recognizing that the humanitarian response “still has several gaps”. 

According to UN estimates, some 140,000 people remain displaced across Rakhine state with limited access to bare necessities like food and medical care. 

Conditions are expected to worsen during the monsoon season, which starts in May, as heavy rains threaten to flood certain internally displaced person (IDP) camps.

“It is deeply concerning that humanitarian organizations still do not have unfettered access to all populations in need of aid, including those living in remote areas or unregistered camps," said Arradon.

“Immediate arrangements must be made for the displaced living in flood-prone areas to avoid a humanitarian crisis with the approaching rainy season.”

The Commission recommended that the de facto segregation of the Rakhine and Rohingya populations – enforced following the violence – should continue until tensions between the communities subside.

“While there is obviously a need to restore calm, the authorities must also consult internally displaced persons and develop a plan to facilitate their voluntary return home. Segregation and IDP camps cannot be a long-term solution,” said Isabelle Arradon. 

The Commission, which was established in August 2012, comprises 27 stakeholders including Muslims, but does not feature a representative from the Rohingya community.
(Photo: Tayza Hlaing/Irrawaddy)
Amnesty International
March 22, 2013

Violence between Buddhist and Muslim communities in Burma that reportedly left several people dead demonstrates an urgent need for Burmese authorities to protect people at risk, Amnesty International said. 

On Wednesday, violent clashes broke out between Muslim and Buddhist communities in Meiktila, a town in Burma’s Mandalay Division, following a dispute at a Muslim-owned gold shop. 

According to local sources, several people have been killed. There was also widespread damage to property in the town, including the destruction of mosques and a government building. 

Tensions between Muslim and Buddhists have been heightened in certain parts of Burma, such as in Rakhine state where violence erupted in June 2012. 

Amnesty International’s Deputy Asia Pacific Director Isabelle Arradon, said: 

“These latest reports of violence are very worrying, and show that tension between the two communities is spreading to other parts of the country. There is a real risk of further violence unless the authorities take immediate steps to protect those at risk. 

“There should also be an immediate and impartial investigation into the recent violence so that those responsible can be held to account.

“The authorities are responsible for ensuring protection of people, their homes and livelihoods. While doing so, they must ensure protection of all communities without discrimination. 

“It is imperative that the cycle of violence is not repeated.”

Police were deployed to Meiktila after the incident and a curfew has been put in place. 

In June violence erupted between the Buddhist and Muslim communities in Rakhine state, leaving scores dead and injured, and leading to widespread destruction and displacement. Both communities have been affected by the violence, but the Muslim communities, including the Rohingya minority community, have been the primary victims. 

A government-appointed commission was established in August 2012 to investigate the violence between Buddhists and Muslim communities in Rakhine state. It is expected to submit its report to the president of Burma and release it publicly at the end of March.

Amnesty International
March 7, 2013

As Myanmar President Thein Sein concludes his visit to Europe, the United Nations Human Rights Council is scheduled to discuss the situation of human rights in Myanmar and the need for continued international human rights monitoring in the country. Considering remaining human rights concerns in the country, it is critical that international human rights monitoring mechanisms are maintained in Myanmar. 

Since 2008, Myanmar has allowed the United Nations Special Rapporteur on the situation of human rights in Myanmar to conduct regular country visits. The mandate of the Special Rapporteur was created in 1992 and has been extended annually since then. On 11 March, the Human Rights Council is scheduled to discuss, among other issues, whether or not to renew the mandate of the United Nations Special Rapporteur on the situation of human rights in Myanmar. If they do not renew the mandate, it will cease to exist. 

Despite some positive developments in Myanmar over the last two years, the human rights situation remains serious as shown by the recent report from the Special Rapporteur who visited the country in February 2013. In a human rights situation like that which prevails in Myanmar, independent and objective international human rights monitoring mechanisms play a critical and often unique role in promoting and protecting human rights alongside national human rights mechanisms. 

There continues to be credible reports of violations and abuses of international human rights and humanitarian law in northern Myanmar. Despite the resumption of peace talks in early 2013 between the Myanmar government and the Kachin Independence Organisation (KIO), armed conflict persists in northern Kachin State. Over 75,000 ethnic Kachin civilians remain displaced by the conflict, and many continue to face obstacles in accessing sustained assistance by humanitarian organisations. 

Amnesty International is also concerned about the human rights situation in Rakhine state following the eruption of communal violence between Rakhine Buddhist and Muslim communities in June 2012. The violence is ongoing and has resulted in considerable death and injury on both sides. Despite the need to ensure protection of both communities, reliable reports indicate that in some cases state security forces have failed to protect people. Government forces have conducted massive sweeps, largely targeting Rohingya and other Muslim populations; hundreds remain in detention in Rakhine State. Over 120,000 internally displaced persons (IDPs) are currently living in temporary shelters with limited access to food, medical care, sanitation facilities, and other types of humanitarian necessities. 

Although government amnesties have resulted in the release of thousands of prisoners, including prisoners of conscience since May 2011, many more prisoners remain arbitrarily detained or imprisoned in Myanmar. Among them are individuals whom Amnesty International considers prisoners of conscience who have been imprisoned solely for the peaceful exercise of their human rights, in particular to freedom of speech, association and assembly. Many others have been falsely charged or convicted of serious offences after trials that fell far short of international fair trial standards, including convictions that relied on “confessions” obtained by torture. Those arbitrarily imprisoned include farmers and villagers in ethnic minority areas, such as Shan and Kachin states. 

Lastly, despite recent changes in the laws ostensibly relaxing restrictions on media freedoms and freedom of assembly, the right to freedom of expression continues to be limited through the use of existing and newly enacted laws. The government detained and charged numerous peaceful protestors under the 2011 Right to Peaceful Assembly and Peaceful Procession Law last year. Further, there have been credible reports of unnecessary or excessive use of force by members of the security forces towards peaceful protestors. Many laws are not in line with international human rights law and have been used in the past by the government to stifle free expression, assembly, and association. These laws include the Law on the Right to Peaceful Assembly and Peaceful Procession, the Unlawful Associations Act, the Penal Code, the Printers and Publishers Registration Law, the Electronics Transactions Act, the State Protection Act, the Emergency Provisions Act, and the Law Relating to Forming of Organisations. 

Amnesty International recommends that the UN Human Rights Council and its member and observer States: 

Ensure that the mandate of the United Nations Special Rapporteur on the situation of human rights in Myanmar is renewed; 

Address the ongoing human rights concerns in Myanmar in the Human Rights Council resolution on the country; 

Call on the Myanmar Government to guarantee sustained international human rights monitoring to promote and protect human rights alongside national human rights mechanisms; and 

Urge the Myanmar government to respect, protect and fulfil their human rights obligations.
Abuse Against Myanmar's Rohingya Erodes Recent Progress 

Amnesty International
July 20, 2012

More Than 50,000 Displaced; Number of Political Prisoners Again on the Rise

(Washington, D.C.) – Amnesty International today called recent attacks against minority Rohingyas and other Muslims in Myanmar a "step back" in the country's recent progress on human rights, citing increased violence and unlawful arrests following a state of emergency declared six weeks ago in the Rakhine state.

"Declaring a state of emergency is not a license to commit human rights violations," said Benjamin Zawacki, Amnesty International's Myanmar researcher. "It is the duty of security forces to defend the rights of everyone--without exception or discrimination--while abiding by human rights standards themselves."

The Myanmar government declared a state of emergency in Rakhine State on June 10, following an outbreak of communal violence in the previous week among the Buddhist Rakhine, Muslim Rakhine, and Muslim Rohingya communities. It remains in effect in several areas.

Since then, Myanmar's Border Security Force (nasaka), army and police have conducted massive sweeps in areas that are heavily populated by Rohingyas. Hundreds of mostly men and boys have been detained, nearly all held incommunicado, and some subjected to ill-treatment.

Most arrests appear to have been arbitrary and discriminatory, violating the rights to liberty and to freedom from discrimination on grounds of religion.

"Myanmar has done an about-turn on the situation of political imprisonment," said Zawacki. "After more than a year of prisoner amnesties and releases, the overall number of political prisoners in Myanmar is again on the rise."

Those arrested during the state of emergency must be charged with an internationally recognized offense. Related judicial proceedings must be both fair and impartial and not include the death sentence. If detainees are not justifiably charged, they must be released from custody.

Many Rohingyas and other Rakhine Muslims reported cases of physical abuse, rape, destruction of property and unlawful killings carried out by both Rakhine Buddhists and security forces. Authorities in Myanmar must take action to stop these acts and prevent future abuses from occurring.

Myanmar's National Human Rights Commission said on July 11 that at least 78 people have been killed since the violence began, and the government and the United Nations have estimated that between 50,000 and 90,000 have been displaced. The wide range results from the extremely limited access for independent monitors and humanitarian aid workers.

"The human rights and humanitarian needs of those affected by the violence depend on the presence of monitors and aid workers," said Zawacki. "The Myanmar authorities are compounding the error by exacerbating the suffering of those displaced by the violence and violations."

Amnesty International calls on Myanmar's Parliament to amend or repeal the 1982 Citizenship Law that rendered the Rohingya stateless.

"For too long, Myanmar's human rights record has been marred by the continued denial of citizenship for Rohingyas and a host of discriminatory practices against them," concluded Zawacki.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 3 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.
Mizzima News
May 25, 2012

Amnesty International (AI) on Thursday said  Burma’s military is committing crimes against humanity in ethnic conflict zones, where ongoing fighting has overshadowed sweeping political changes.

amnesty-international-logo
The rights group also said that authorities had blocked humanitarian aid from reaching tens of thousands of desperate refugees in conflict areas and said soldiers had sexually assaulted civilians.


“The government enacted limited political and economic reforms, but human rights violations and violations of international humanitarian law in ethnic minority areas increased during the year,” AI said in its annual report.

“Some of these amounted to crimes against humanity or war crimes.”

The Burmese army had launched “indiscriminate attacks” that at times targeted ethnic minority civilians in Kachin State, Karen state and the Tanintharyi region, it said.

The following is the 2012 country report on Burma, which notes positive changes but says numerous human rights violations are continuing as the country undergoes democratic reforms.

The report:

“The government enacted limited political and economic reforms, but human rights violations and violations of international humanitarian law in ethnic minority areas increased during the year. Some of these amounted to crimes against humanity or war crimes. Forced displacement reached its highest level in a decade, and reports of forced labour their highest level in several years.

“Authorities maintained restrictions on freedom of religion and belief, and perpetrators of human rights violations went unpunished. Despite releasing at least 313 political prisoners during the year, authorities continued to arrest such people, further violating their rights by subjecting them to ill-treatment and poor prison conditions.

Background

“Myanmar’s Parliament, elected in November 2010, convened on 31 January and voted in Thein Sein as President of a government formed on 30 March. It was the first civilian government in decades. In July and August, opposition leader Daw Aung San Suu Kyi travelled outside Yangon for the first time since 2003. She met with Labour Minister Aung Gyi four times during the year and with President Thein Sein in August.

“Beginning that month, the government carried out a series of limited political and economic reforms. It released at least 313 political prisoners; slightly relaxed media censorship; passed an improved labour law; and established the National Human Rights Commission. In September, the government suspended construction of the controversial, China-backed Myitsone Dam in Kachin state, citing domestic opposition to the project. It also reportedly ceased demanding that ethnic minority armed groups become official Border Guard Forces. In November, the National League for Democracy re-registered as a political party, and its leader Aung San Suu Kyi announced her intention to run for Parliament in the 2012 by-elections. Parliament also passed a law that month allowing peaceful protests under certain conditions.

Internal armed conflict

“The armed conflict in Kayin (Karen) state and Tanintharyi region that began in late 2010 escalated during the year. In March, conflict between the Myanmar army and various ethnic minority armed groups intensified in Shan state. In June, the army broke a 17-year ceasefire with the Kachin Independence Army (KIA) in Kachin state. Smaller conflicts continued or resumed in Kayah (Karenni) and Mon states.

“In all of these conflicts, the Myanmar army launched indiscriminate attacks causing civilian casualties, at times directly attacking ethnic minority civilians. Credible accounts of the army using prison convicts as porters, human shields and mine sweepers emerged from Kayin state and adjacent areas of Bago and Tanintharyi divisions. In Kachin state, sources reported extrajudicial executions, children killed by indiscriminate shelling, forced labour, and unlawful confiscation or destruction of food and property. Shan civilians were tortured, arbitrarily detained and forcibly relocated. Soldiers reportedly sexually assaulted Kachin and Shan civilians.

“In August, ethnic armed groups, including some that had committed abuses, rejected the government’s offer of talks between individual armed groups and the relevant regional administration rather than talks between an alliance of such groups and the federal government. However, several groups agreed to ceasefires with the army during the year. In September, the army intensified fighting in Kachin and Shan states, violating human rights law and international humanitarian law. Some of these acts amounted to crimes against humanity or war crimes.
  • On 7 June, a seven-year-old child was killed in Mae T’lar village in Kayin state’s Kawkareik township, when the army shelled the village with mortars.
  • On 16 June, soldiers in Hsipaw township, Shan state, shot and killed a 35-year-old man, a 70-year-old woman and one girl, aged 13; all were civilians.
  • On 18 September, soldiers in Shan state’s Kyethi township forced at least 10 local monks to act as human shields during an operation to deliver supplies to other troops in the area.
  • On 12 October, soldiers killed a 16-month-old baby in Mansi township, Bhamo district in Kachin state, while storming a village and shooting indiscriminately.
  • Beginning on 28 October and lasting several days, soldiers detained and reportedly gang-raped a 28-year-old Kachin woman in Hkai Bang village in Bhamo district, Sub-Loije township, Kachin state.
  • On 12 November, Myanmar army soldiers extrajudicially executed four captured KIA fighters and tortured four others in Nam Sang Yang village, Waingmaw township, Kachin state.

Forced displacement and refugees

“Fighting in ethnic minority areas displaced approximately 30,000 people in Shan state and a similar number in or near Kachin state. The majority of them were forced out of their homes and land by the Myanmar army. Most individuals and families were unable or unwilling to leave Myanmar, and so became internally displaced. In addition, approximately 36,000 people had already been displaced in Kayin state. In a one-year period ending in July, 112,000 people were reportedly forced from their homes in Myanmar, the highest such figure in 10 years.

 – In March, the army forced approximately 200 households in Nansang township, Shan state, to move in preparation for the construction of a new regional command base.
– In April, soldiers burned down around 70 homes in seven villages in Mong Pieng township, Shan state, accusing the residents of supporting an armed group.
– In May, 1,200 refugees from Kyain Seikgyi township in Kayin state fled to Thailand.

“In many cases, authorities prevented humanitarian agencies from entering conflict-affected areas so that they were unable to reach tens of thousands of people displaced by the fighting or the army, especially those in camps on the Myanmar-China border. In Chin state and other ethnic minority areas, the government maintained lengthy and complex administrative procedures for obtaining travel permits both for humanitarian agencies that already have a presence and for new ones seeking permission to work in the country.

“Ethnic minority Rohingyas continued to face discrimination and repression primarily in Rakhine state and remained unrecognized as citizens. As a result, many continued to leave Myanmar on their own or were smuggled out, either overland to Bangladesh or on boats during the “sailing season”, in the first and final months of the year.

Forced labour

“In June, the ILO noted that there had been “no substantive progress” towards compliance with the 1998 ILO Commission of Inquiry’s recommendations on forced labour. On 12 August, Information Minister Kyaw Hsan stated that Myanmar was “almost free from forced labour”. In November, the ILO said that forced labour complaints in Myanmar had increased to an average of 30 per month since March compared with 21 per month for the same period in 2010, 10 per month in 2009, and five per month in both 2008 and 2007.

Approximately 75 per cent of these complaints related to under-age recruitment into the army, with the remainder pertaining to trafficking for forced labour and military forced labour. Labour activists and political prisoners U Thurein Aung, U Wai Lin, U Nyi Nyi Zaw, U Kyaw Kyaw, U Kyaw Win and U Myo Min remained in prison, as reportedly did 16 others.

In October, Myanmar border security forces in Rakhine state’s Maungdaw township forced villagers to carry out construction work at a military camp.

In August and early September, a government official in Chin State reportedly ordered civil servants to carry out manual forced labour in the capital Hakha.

Freedom of religion or belief

“Violations of the right to religious freedom affected every religious group in Myanmar. Buddhist monks who participated in the 2007 anti-government demonstrations continued to be arrested, ill-treated and harassed. Muslim Rohingyas were suppressed and forced to relocate on religious as well as ethnic grounds. Christian religious sites were relocated or destroyed.

  • On 9 August, soldiers set fire to the Mong Khawn monastery in Mansi township, Kachin state, apparently because they suspected that the monks had provided support to the KIA.
  • On 10 September, authorities in Htantlang village in Htantlang township, Chin state, ordered a Chin Christian preacher not to speak at a local church and to leave the area.
  • On 14 October, authorities in Hpakant township, Kachin state, ordered local Christian churches to request permission at least 15 days in advance to carry out many religious activities.
  • On 6 November, soldiers opened fire on a Christian church in Muk Chyik village, Waingmaw township in Kachin state, injuring several worshippers.

Impunity

“Government officials and military personnel who committed human rights violations, including some on a widespread or systematic basis, remained free from prosecution. Article 445 of the 2008 Constitution codifies total impunity for past violations. In September, the President appointed a National Human Rights Commission whose mandate included receiving and investigating human rights complaints, but

“Myanmar’s justice system continued to demonstrate a lack of impartiality and independence from the government. In January, the government stated that there was “no widespread occurrence of human rights violations with impunity” in Myanmar.

Political prisoners

“In May, the Myanmar government released at least 72 political prisoners under a one-year reduction of all prison sentences in the country. In October, it released 241 more political prisoners. However, few of those freed were from ethnic minorities. More than 1,000 political prisoners, including prisoners of conscience, remained behind bars, but exact figures were uncertain due to Myanmar’s opaque prison system, differences in definitions of what constitutes a political prisoner, and ongoing arrests.

  • In February, a court sentenced Maung Maung Zeya, a reporter with Democratic Voice of Burma – a media outlet based outside Myanmar – to 13 years in prison for peaceful activities.
  • On 26 August, Nay Myo Zin, a former military officer and member of an NLD-supported blood donation group, was sentenced to 10 years in prison for peacefully exercising his rights to freedom of expression.
  • On 14 September, Democratic Voice of Burma reporter Sithu Zeya, already serving an eight-year prison term, was sentenced to a further 10 years under the Electronic Transactions Act.
“Political prisoners continued to be subjected to cruel, inhuman and degrading punishment and very poor prison conditions.
  • In February, Htet Htet Oo Wei, who was suffering from a number of health problems, was placed in solitary confinement reportedly for making too much noise. She was denied family visits and parcels.
  • In February, authorities in Yangon’s Insein prison placed political prisoner Phyo Wei Aung in solitary confinement for a month, after he complained about fellow inmates bullying other prisoners.
  • In May, at least 20 political prisoners in Insein prison went on hunger strike to protest the government’s limited release of such prisoners that month and to demand better prison conditions. As punishment, seven were placed in cells designed to hold dogs.
  • In July, the Monywa prison authorities in Sagaing division withdrew visitation rights to Nobel Aye (aka Hnin May Aung), after she urged high-ranking officials to withdraw recent public statements that claimed there were no political prisoners in Myanmar.
  • In October, 15 political prisoners in Insein staged a hunger strike in protest against the denial of sentence reductions for political prisoners, in contrast to criminal convicts. Some were reportedly deprived of drinking water and were otherwise ill-treated. Eight of them were placed in “dog cells”.
  • In October, information emerged that U Gambira, a Buddhist monk and leader of the 2007 anti-government demonstrations, was seriously ill and being held in solitary confinement. He had been suffering from severe headaches, possibly due to torture he was subjected to in prison in 2009. Prison authorities were reported to be regularly injecting him with drugs to sedate him.

International scrutiny

“In January, Myanmar’s human rights record was assessed under the UN Universal Periodic Review. In March, Latvia and Denmark added their support for the creation of a UN Commission of Inquiry into international crimes in Myanmar, bringing the total number of supporting countries to 16. Despite a January call by ASEAN to lift economic sanctions against Myanmar, the EU and the USA extended their sanctions.

“However, in April the EU eased travel restrictions on 24 officials. In May and October, the UN Secretary-General’s Special Adviser on Myanmar visited the country.

“President Thein Sein visited China in May and India in October. After being denied a visa in 2010 and earlier in the year, the UN Special Rapporteur on the situation of human rights in Myanmar visited in August. The US Special Representative and Policy Coordinator for Burma visited in September, October, and November. In September, the ICRC was authorized for the first time since 2005 to conduct an international staff-led engineering survey in three of Myanmar’s prisons. After a year-long debate, Myanmar was named Chair of Asean for 2014 in November. In December, for the first time in over 50 years, the U.S. Secretary of State visited Myanmar.

    • Rohingya Exodus