Myanmar (Burma) Human Rights Report 2020

Myanmar
The government of Myanmar in 2019 continued to defy international calls to seri-
ously investigate human rights violations against ethnic minorities in Shan,
Kachin, Karen, and Rakhine States. A United Nations-mandated Fact-Finding
Mission (FFM) found sufficient evidence to call for the investigation of senior mil-
itary officials for crimes against humanity and genocide against ethnic Rohingya
Muslims. The government has been unwilling to address the root causes of the
crises, including systematic persecution and violence, statelessness, and con-
tinued military impunity.
In August 2019, the FFM called on Myanmar’s security forces to stop using sexual
and gender-based violence, including rape and gang rape, against women, chil-
dren and transgender people, to terrorize and punish ethnic minorities. The mili-
tary has used sexual violence to devastate communities and deter women and
girls from returning to their homes.
De facto leader Aung San Suu Kyi and her civilian government have repeatedly
refused to cooperate meaningfully with UN rights investigators’ pursuit of ac-
countability for rights violations. The government has not granted visas for inde-
pendent UN investigators including Special Rapporteur Yanghee Lee and the
members of the UN FFM, and limited access to the country by staff of the Office
of the UN High Commissioner for Human Rights.
Rohingya Under Threat
More than two years after the Myanmar military’s campaign of ethnic cleansing
in northern Rakhine State, over 900,000 Rohingya refugees remain in over-
crowded camps in Cox’s Bazar in Bangladesh, now the largest concentration of
encamped refugees in the world.
The FFM’s final report in September 2019 found that the 600,000 Rohingya re-
maining in Rakhine State were still the target of a government campaign to eradi-
cate their identity, and were living under “threat of genocide.” The report found
the laws, policies, and practices that underpin the government’s persecution of
the Rohingya—and which serve as causal factors for the killings, rapes and gang
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HUMAN RIGHTS WATCH
and rejection at school, in the community, and at times by their own families.
They struggle to overcome barriers such as threats of attacks, bullying, and lack
of reasonable adjustments in the classroom, which violate their right to education.
Sexual Orientation and Gender Identity
Four years since the decriminalization of homosexuality in Mozambique, and de-
spite a November 2017 court decision that declared unconstitutional a law with
vague “morality” provisions that had been used to justify denying registration to
lesbian, gay, bisexual, and transgender (LGBT ) groups, the government has still
not registered the country’s largest LGBT group, Lambda.
The UN Human Rights Council has appealed on several occasions to the govern-
ment to register nongovernmental organizations that work on issues of sexual
orientation and gender identity. Despite authorities showing some tolerance for
same-sex relations and gender nonconformity, LGBT people continue to experi-
ence discrimination at work and mistreatment by family members.
Key International Actors
Switzerland was instrumental in brokering the August 2019 Mozambique peace
agreement, with Swiss diplomats playing a major role as mediators. In August,
the chairperson of the African Union Commission hailed the amnesty signed that
month as a vital milestone in ending the Mozambican conflict. In June, Mozam-
bique hosted for the first time the US-Africa Business Summit. While the meeting
was important for promoting investment in the country, its agenda did not in-
clude discussions about the links between business, insecurity, and human
rights in the areas being considered by investors.
Pope Francis visited Mozambique in September. He met with youth from differ-
ent religions, as well as political and civic leaders, encouraging them to consoli-
date the peace accord. In September, the European Union, which deployed 32
long-term election observers for the general elections, expressed concern over
the violence and political harassment during campaign. After the elections, the
EU said its observers mission identified some irregularities and malpractices on
election day and during the results management process, including ballot-box
stuffing, multiple voting, intentional invalidation of votes for the opposition, and
altering of polling station results with fraudulent addition of extra votes.
WORLD REPORT 2020
408

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HUMAN RIGHTS WATCH
rapes, torture, and forced displacement by the military and other government au-
thorities—remain in place.
In July 2019, a delegation of senior Myanmar officials arrived in Cox’s Bazar to
promote refugee repatriation. The delegation pressured refugees to enter a digi-
tized National Verification Card (NVC) process but would not guarantee they
would be granted citizenship. The government has made no efforts to amend the
discriminatory 1982 Citizenship Law that effectively stripped Rohingya of their
citizenship rights. Refugees who want to return are required to sign up for the
NVC, which identifies them as foreigners in Myanmar, making them vulnerable to
discrimination and restrictions on their rights.
On August 22, Bangladesh and Myanmar made a second attempt to return
refugees to Myanmar. Unlike the first attempt to return refugees in November
2018, Bangladesh this time agreed to consult with the UN refugee agency, ask-
ing UNHCR to assess the intentions of the 3,450 refugees Myanmar said were eli-
gible to return, selected from a list of 22,000 names shared by Bangladesh.
Once again, Bangladeshi officials, UN staff, and journalists waited for refugees
to appear for voluntary return to Myanmar, but none did.
UNHCR has stated that conditions in Myanmar are not currently conductive for
voluntary returns of refugees in dignity and safety. Facilities that resemble de-
tention camps, surrounded by barbed-wire perimeter fences and security out-
posts, have been built to receive and house returning refugees from Bangladesh.
Satellite images of the Hla Poe Khaung Transit Centre show it was built on top of
razed Rohingya villages.
The approximately 128,000 Rohingya and Kaman Muslims confined to closed in-
ternally displaced people (IDP) camps in central Rakhine State have little free-
dom of movement and limited access to important health, education, and other
humanitarian services. In addition, there are security concerns for refugees re-
turning to Rakhine State due to hostilities between the Myanmar military and the
insurgent Arakan Army.
Ethnic Conflicts and Forced Displacement
Fighting between the Myanmar military and ethnic armed groups intensified in
2019. The government regularly barred rights monitors and journalists from con-
WORLD REPORT 2020
410

Trafficking of women and girls remains a serious problem in Kachin and northern
Shan States as revealed in Human Rights Watch’s report “‘Give Us a Baby and
We’ll Let You Go’: Trafficking of Kachin ‘Brides’ from Myanmar to China.” IDPs
face economic desperation from displacement by conflict, inability to pursue vi-
able livelihoods by farming, and little access to other forms of employment.
Women are often breadwinners, and the eldest daughters face cultural expecta-
tions that they will help provide for their families. Young women and girls are
being lured into China from IDP camps and villages near the porous border, on
false promises of gainful employment and then sold to Chinese families for
forced marriage. Neither the Myanmar nor the Chinese governments have taken
necessary steps to prevent trafficking, recover victims, bring perpetrators to jus-
tice, and assist survivors.
Freedom of Expression and Repressive Laws
Freedom of expression declined sharply in Myanmar in 2019. More than 250 peo-
ple faced lawsuits under various rights-restricting laws.
In May, Reuters journalists Wa Lone and Kyaw Soe Oo were released from prison
on a presidential amnesty after serving eight months of a seven-year prison sen-
tence under the colonial-era Official Secrets Act. The pair had reported on a mili-
tary massacre of Rohingya in Rakhine State’s Inn Din village and police arrested
them in December 2017. The politically motivated nature of the trial became clear
when the court convicted them, despite a police officer testifying on the stand
that arresting officers had been ordered to entrap the two journalists.
Prosecutions for criminal defamation continued under article 66(d) of the 2013
Telecommunications Act, frequently used as a tool to restrict freedom of expres-
sion online and curtail criticism of members of parliament, the government and
military. Athan, a local group, reported that about 45 percent of all charges
against media or journalists were filed under article 66(d). More than 250 people
have faced criminal law suits in 2019 under various laws restricting freedom of
expression. Authorities also used the Unlawful Associations Act and criminal
defamation provisions under section 500 of the Myanmar Penal Code against
journalists and critics.
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HUMAN RIGHTS WATCH
flict areas and denied access to UN and international humanitarian agencies
seeking to provide food, medicine, and other important aid.
Starting in November 2018, fighting increased between the Arakan Army and
government security forces in Rakhine and Chin States. The government ordered
an internet blackout that began on June 21 across eight townships in Rakhine
State and Paletwa township in Chin State, making it very difficult to verify reports
of attacks on civilians and arbitrary detention, torture, and deaths in military
custody. The internet ban was lifted from Chin State and four townships in
Rakhine State on September 1, leaving Ponnangyn, Mrauk-U, Kyauktaw, and Min-
bya still under blackout.
The UN Office for the Coordination of Humanitarian Affairs (OCHA) estimates at
least 33,000 ethnic Rakhine remain displaced due to fighting, including 3,300
children out of 9,000 IDPs in northern Rakhine State. The figure is contested; the
UN special rapporteur stated as many as 65,000 were displaced. A lack of food
security, access to shelter and basic humanitarian services, and inability to ac-
cess to livelihoods remain major problems for Rakhine civilians.
Civilians continued to be targeted during hostilities in northern Burma. Northern
Shan State witnessed renewed fighting where 17 civilians were killed and 27 in-
jured in the first few weeks of fighting, many of them women and children, ac-
cording to the UN. Fighting broke out on August 15 after insurgent Northern
Alliance forces, minus the Kachin Independence Army, carried out coordinated
attacks on military targets and civilian structures. The Myanmar military quickly
counterattacked. Fighting is affecting civilians in at least five townships in north-
ern Shan State, with civilians killed by shelling and in crossfire.
The fighting caused the displacement of an estimated 8,000 people who sought
shelter in schools, monasteries, and churches. By the end of September, approx-
imately 2,000 remained displaced.
In Kachin State, the United Nations Children’s Fund, UNICEF, reported an esti-
mated 6,385 IDPs had returned to their areas of origin. However, more than
97,000 remained displaced, some for many years already, in 136 IDP camps, or
camp-like settings throughout the state. Just over 40 percent of those IDPs were
in camps in areas controlled by Kachin armed groups. Humanitarian assistance
was barred from reaching those areas outside the government-controlled areas.
In addition to fighting, return by IDPs to their original areas was hampered by
landmines and unexploded ordinance.
WORLD REPORT 2020
412

At time of writing, 11 lawsuits encompassing 50 persons had been filed in 2019
under penal code articles 505(a), barring criticism of the military, and 505(b),
prompting “fear or alarm to the public … whereby any person may be induced to
commit an offence against the state or against the public tranquility.”
On August 29, the prominent filmmaker, Min Htin Ko Ko Gyi, was sentenced to
one year in prison with hard labor under article 505(a) of the penal code for criti-
cizing the military on Facebook. Despite suffering from liver cancer and being
visibly unwell during his trial, Min Htin Ko Ko Gyi was repeatedly denied bail to
seek medical care outside prison.
In April and May, seven members of a traditional theater group were arrested for
their satirical performance deemed critical of the military. On October 30, five
members were sentenced under article 505(a) of the penal code to one year
each. On November 18, Kay Khine Tun, Zayar Lwin, Paing Ye Thu, Paing Phyo Min,
and Zaw Lin Htut received an added one-year sentence by a different court, also
under 505(a) charges. Su Yadanar Myint will serve one year while Nyein Chan
Soe was acquitted. All seven defendants face additional charges under section
66(d) for “defaming” the military, which brings a maximum prison sentence of
two years.
Article 8(f) of the Law Protecting the Privacy and Security of Citizens also con-
tributed to the rise in defamation charges against ordinary citizens. There were
78 cases against individuals at time of writing, which aimed to limit online
speech and criticism of the government. The law also enables third-party com-
plaints to be filed against an individual.
Protesters were often targeted under the Peaceful Assembly and Peaceful Pro-
cession Law, which requires organizers to seek approval from authorities 48
hours prior to holding an event. Two Kachin activists, Paulu and Seng Nu Pan,
were sentenced in September to 15 days in jail, for a street performance marking
the eight-year anniversary of the end of a 17-year ceasefire in Kachin State. Paulu
received an additional three months in jail for contempt of court, after present-
ing the presiding judge with a set of broken scales symbolizing the broken jus-
tice system.
Farmers across the country also faced difficulties with repressive laws. In March,
the Vacant, Fallow and Virgin Lands Management Law came into effect, requiring
anyone occupying land classified as “vacant, fallow, or virgin” to apply for per-
415
HUMAN RIGHTS WATCHWORLD REPORT 2020
414

Kachin, Shan, and Karen ethnic minorities to the newly operational Independent
Investigative Mechanism for Myanmar (IIMM).
The UN Human Rights Council mandated the IIMM to follow up from the FFM, and
collect and preserve evidence of serious crimes to facilitate and expedite fair
and independent criminal proceedings
Released on August 5, the FFM investigative report on military-owned businesses
in the Myanmar Economic Corporation and Union of Myanmar Economic Hold-
ings holding companies, found at least 14 foreign firms have partnerships with
military enterprises, and at least 44 have other commercial ties. The report found
these military businesses generate revenue strengthened the military and pro-
vided financial support for its operations that violated international human
rights and humanitarian law.
The Independent Commission of Enquiry (ICOE), established by the Myanmar
government in July 2018, operates without transparency, lending further weight
to concerns about its credibility to investigate allegations of grave abuses
against the Rohingya. Governments such as those of the United Kingdom and
Japan continue to support the ICOE despite profound concerns about its inde-
pendence, impartiality, and working methods.
The European Parliament passed a resolution on September 19 calling for the
imposition of a comprehensive arms embargo on Myanmar and referral of the
situation of Myanmar to the ICC. The resolution called on EU members to support
efforts aimed at holding Myanmar to account for violations of the UN Genocide
Convention before the International Court of Justice.
Despite strong findings pointing to Myanmar’s security forces’ responsibility for
atrocities against the Rohingya, the UN Security Council remains paralyzed, mak-
ing impossible the referral of Myanmar to the ICC and the imposition of sanc-
tions on military and government officials implicated in grave abuses against the
Rohingya.
In May, the report of an independent inquiry into UN involvement in Myanmar
was published, finding “systemic and structural failures,” which undermined the
UN response to the crisis.
417
HUMAN RIGHTS WATCH
mits. Failure to apply and continuing to use the affected land could mean up to
two years in prison. In September, eight farmers were sentenced to two years for
farming land in the Irrawaddy Division that local government sold to a private
company.
Article 377 of the colonial-era penal code criminalizes adult consensual same-
sex conduct.
Key International Actors
On November 11, Gambia brought a case against Myanmar before the Interna-
tional Court of Justice for its atrocities against the Rohingya as violating the Con-
vention on the Prevention and Punishment of the Crime of Genocide. Gambia’s
filing marked the first time that a country without any direct connection to the
crimes relied on its membership in the Genocide Convention to bring a case be-
fore the world court.
On November 13 in Argentina, Rohingya and Latin American human rights organi-
zations used the principle of universal jurisdiction to file a criminal case against
Myanmar’s top military and civilian leaders, including Aung San Suu Kyi, for
crimes committed in Rakhine State. This avenue is available for crimes so seri-
ous that all states have an interest in addressing them.
The International Criminal Court (ICC) on November 14 also confirmed it would
begin investigations into alleged crime against humanity, namely deportation,
other inhumane acts, and persecution committed against Rohingya in Myanmar
since October 2016. The court in 2018 confirmed its jurisdiction over the crime of
deportation, which was completed in Bangladesh, an ICC member country, as
well as other related crimes.
In July, the United States imposed travel bans against key military leaders, in-
cluding commander in chief Gen. Min Aung Hlaing, for their role in the persecu-
tion of the Rohingya. His second-in-command, Gen. Soe Win, and two other
senior officials were also subjected to travel bans. In September, a bill was
passed by the US House of Representatives by a huge majority to strengthen
sanctions against Myanmar’s military leaders.
The UN-mandated FFM ended its mission in September, handing over evidence
of serious crimes committed by Myanmar’s armed forces against the Rohingya,
WORLD REPORT 2020
416

1/16/2020 Myanmar - Burma | World | Asia | Human Rights Watch
https://www.hrw.org/asia/myanmar-burma 1/8
FREE SPEECH
Myanmar’s stalled democratic transition has given way to a massive human rights and
humanitarian crisis. Since August 2017, the military has committed mass killings, sexual
violence, and widespread arson against Rohingya Muslims in Rakhine State that amount to
crimes against humanity, forcing several hundred thousand to flee to Bangladesh. Armed
conflict between the military and ethnic armed groups in northern Myanmar has intensified,
causing mass displacement. Under Aung San Suu Kyi’s de facto leadership, prosecutions of
journalists, activists, and critics have increased. The military remains the country’s most
powerful institution, with control of key ministries and autonomy from civilian oversight.
Available in မနမ ဘ သ >>
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December , | Commentary
Aung San Suu Kyi Denies Burmese Genocide of Rohingya at The Hague
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December ,
“Are We Not Human?”
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April ,
“Paying for a Bus Ticket and Expecting to Fly”
How Apparel Brand Purchasing Practices Drive Labor Abuses
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Program O cer, Asia Division
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Japan: Hold Myanmar to Account for Atrocities
Myanmar: Rohingya Jailed for Traveling
Interview: Why ‘Brides’ From Myanmar Are Tra cked
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In northern Myanmar, women and girls are being trafficked across the border and sold as “brides” to families in China,
where the country’s “one-child policy” means many men can’t find a wife. We spoke with Heather Barr, acting
women’s rights co-director, about what happens to these women in China.
Interview: Photographing the Impact of Myanmar’s
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The award-winning photographer Patrick Brown traveled with Human Rights Watch to Shan State and Ayeyarwady
and Yangon Regions to document the effect of government “land grabs” on the people there. He spoke to Human
Rights Watch about what drew him to this project and what he’s working on in Myanmar now.
Daily Brief January ,
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Plus: hope for legislation to protect workers' rights; leaked report reveals parties flouted Libya arms embargo;
former rebel leader returns to Central African Republic; Commonwealth leaders should question Rwanda's
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https://www.hrw.org/my/asia/burma 1/6
FREE SPEECH
၂၀၁၆ ခစ မတလတင တ ဝနစထမ ဆ ငခသည မနမ ငင၏အရပသ အစ ရသည သသ
ထငရ သည ပ ပင ပ င လမမ က ဆ ငရကလမမညဆသည မ လငခကမ က မ ဖညဆည
ပ ငခပ ။ အစ ရက ဖစ စ၊ တပမ တ က ဖစ စ ဝဖနသည တကကလပရ သမ က ဖမ ဆ
တရ စဆအ ပစ ပ သည ဖပသညဥပ ဒမ က အ ဏ ပငမ က ဆကလကအသ ပ နကဆ
ဖစသည။ အဓကကသည ဝနက ဌ နမ က ထန ခပထ ပ အရပသ တ၏က ကပမက မခရဘ
လတလပစ ဆ ငရကငသည တပမ တ သည ငငအတင အ ဏ အရဆ အဖအစည ဖစ နပ
သ သည။ ၂၀၁၆ ခစ  င ပင တင တပမ တ သည ရခင ပညနယရ ဟငဂ မတစလငမ
အ ပ ရကရကစကစက ဖခင ခရ တင ဥပ ဒမသတ ဖတ ခင ၊ မဒမ ကင ခင ၊ ည ပန ပစက ခင
င အအ ပ မ ဖကဆ ခင မ ကလည က လနခသည။ တပမ တ င တင ရင သ
လကနကကင တပဖမ အက မပ ဆ သ သ တကခကမမ မ လည ရမ ငကခင ပညနယ
တ၌ ပမ ပင ထနလ ပ လ ပ င မ စ အ ပစအမပစ စနခ ထက ပ ခကရသည။
မနမ ငင

ဇနနဝ ရလ ,
မနမ - ဟငဂ မ အတက အ ပည ပညဆငရ တရ စရငမ တ င ခ ခင
INTERNATIONAL JUSTICE
ဒဇငဘ လ အသ ပ စက စ - လအမည အ ပညအစ ,
အ န ကအပစက မနမ ငငကလမ သ သတ ဖတမအတကတ ဝနမခ စငခ ပမအ ဖရကငငငယ လ က
ဒကစမ ဝငပ လ ခပ။
WOMEN'S RIGHTS

မတလ ,
မနမ - အမ သမ င မန က လ မ အ ‘သတသမ မ ’ အ ဖစ တတငငသ လကနက ခင
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မနမ : ငမခမ စ ဆထတ ဖ မကတရ မစပ န
HRW အဖက Brad Adams န တဆ မ မန ခက

သဂတလ ,
အစ ရက တ ဆ ငခရသ န
မနမ ငင ရခင ပညနယက ဂဏ ဂဏဆငရ အကမ ဖကမမ င န ကဆကတ မ တ မတရ အငကငမ
မ
ကနမတဟ မကနရစထ တလ တလပ ပ
မနမ ပညမ ခင လမ မ – မနမ ပညမ က မလ ခ၊ အယမ က အက အကယမရ
မနမ - ငမ ခမ စ ဝဖနကသမ တရ အစခ နရ ခင
ဇလငလ ,
မနမ - သမ ဆည မယ မ ပနလညရရ ရ လယသမ မ ဆ ငရက
အစရငခစ မ
News
ဧပလ ,
ဖစည ပအ ခခဥပ ဒတင လတလပစ ထတ ဖ ရ သ ပ ဆခငက ပည ပညဝဝအက ကယ ပ ရန
မနမ ငငအ စ ရအ လတလပစ ထတ ဖ ပ ဆခငဆငရ ကမ ကငအဖအစည (၂၀) ဖမ တကတန
လကသည။
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ဝငဘ လ ,
( မနမ ) ဟငဂ အမ သမ မ င မန က လ ငယမ အ ကယကယ ပန ပနမဒမ ကင
မ
သဂတလ ,
မနမ - ရခင ပညနယတငမ မမ ရ က င ဂဟတသတင အခကအလကမ က ပ
ဇနလ ,
မနမ ငင - ၂၀၁၃ ခစ ဆကသယ ရ ဥပ ဒ ပဒမ ၆၆ (ဃ) က ပသမ ပ
မလ ,
မနမ : အစလမဘ သ ရ က င စ က င ရနကနတငပတထ
မနမ ငငအတက မတက ပ မအ လကခန လညင ရ က ပမ မဆငရ ပဓ နအသ
ပ ကဆ ခပ
Linda Lakhdhir
Legal Advisor, Asia Division
မနမ : ငမခမ စ ဆထတ ဖ မကတရ မစပ န
မလ ,
ရညန ။ ။ ဆကသယ ရ ဥပ ဒ ပဒမ ၆၆ (ဃ)

ဝငဘ လ ,
ခမ ခ ကခ နရဆ မနမ လတလပစ ပ ဆခင
Linda Lakhdhir
Legal Advisor, Asia Division
Published In: The Irrawaddy
သဂတလ ,
ငမ ခမ ရ ဆ  ပမ တင အမ သမ မ ၏က မကနခပ စင မနမ ပည
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Myanmar (Burma) Human Rights Report 2020

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Myanmar (Burma) Human Rights Report 2020