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Human Rights Violation in Myanmar 


 
Prepared by: GROUP II “THE SEARCH ENGINE” 

Leader: Oñate, Richard Q. 


Members:
Francisco, Roda B.
Opaco, Ronaliza J.
Pedrosa, John Francis Paul P. 
 
One Cainta College 
 
Lecturer: Teresita Carey 
 
Summary:
  
The people of Myanmar are growing up with suffering, fear, insecurity, and most of all
despair and that is the urgent action that they needed to reverse their catastrophic situation and to
restore peace, democracy, and sustainable development. The Myanmar military’s offensives
throughout the country are designed not only to target its opponents but also to punish any
community it deems not supporting them as a result they were involved in the mass killing of
innocent civilians including children caused by countless wars. Military tactics increasingly
involve indiscriminate attacks and weaponry. The growing use of air power and artillery during the
monsoon season is significantly impacting civilians and residential areas. In Magway and Sagaing
regions as well as Kachin, Shan, Kayah, and Kayin states, residential, buildings and many as
30,000 schools and other civilian infrastructure have been burnt to the ground during military
ground operations. 

 Purpose:
 
The purpose of our study report here is to discuss the events that occurred in the country,
regarding the violation of human rights in Myanmar. Some of the literature we use, can provide
knowledge and understanding about human rights violations that may happen to us including the
various neighboring countries. The main purpose of this study is to influence the level of thinking
and perspective of our fellow students, that abusing others is a huge crime that anyone should be
held accountable for. 
I.
Introduction

Human rights in Myanmar under its military regime have long been considered among the
worst in the world. International human rights organizations including Human Rights Watch, Amnesty
International, and the American Association for the Advancement of Science have repeatedly
documented and condemned widespread human rights violations in Myanmar. Freedom House's
Freedom in the World 2011 report states that "The military junta suppressed almost all fundamental
rights, and committed human rights abuses with impunity." As of 2011, the country has "more than
2,100 political prisoners including approximately 429 members of the NLD (National League for
Democracy), and the winners of the 1990 elections."As of July 2013, according to the Assistance
Association for Political Prisoners, there are approximately 100 political prisoners in Burmese prisons.

On 9 November 2012, Samantha Power, US President Barack Obama's Special Assistant on Human
Rights, wrote on the White House Blog ahead of the President's visit about the "continuation of serious
human rights abuses against civilians in some regions, including against women and children.” The
United Nations General Assembly has repeatedly called on the former Burmese military governments
"to respect human rights" and in November 2009 the UN General Assembly adopted a resolution
strongly condemning the ongoing systematic violations of human rights and fundamental freedoms and
also called on the the ruling Burmese including the military junta to take immediate steps to end
violations of international human rights and humanitarian law.

Forced labor, human trafficking and child labor are among the abuses that have been committed in
Myanmar. The Burmese military junta is clearly one of the most notorious human rights abusers
including the use of sexual violence as an instrument of control, also many of the allegations occur
about the systematic rape and the recruitment of military sex slaves. A practice which continued in
2012.

In March 2017, a three-member committee at the United Nations Human Rights Council conducted a
fact finding mission. This mission aims to "establish the facts and circumstances of alleged recent
human rights violations by the military and security forces, and abuses, in Myanmar with the aim of
ensuring full accountability for perpetrators and justice for victims".Unfortunately, the government of
Myanmar did not work with the Fact Finding Mission (FFM). They neither not allow the UN special
rapporteur on the situation of human rights in Myanmar into the country. What the Fact-Finding
Mission found and announced was that security forces in Myanmar committed serious violations of
international law "that warrant criminal investigation and prosecution, namely crimes against humanity,
war crimes, and genocide.”

In response to those claims, the Myanmar Government has taken the position that the work of the FFM
has been irresponsible and non-constructive. In September 2019, for example, U Kyaw Moe Tun,
Myanmar Permanent Representative to the United Nations in Geneva, provided comments during a
Session of the Human Rights Council in Geneva. U Kyaw Moe Tun said that the "People of Myanmar,
who used to stand with the UN in their long struggle for democracy and human rights, are increasingly
disappointed with the less than objective stand taken by some elements of the UN with respect to
Myanmar."
Context

I. Freedom of religion, minority rights, and internal conflict

Based on the evidence we gathered from (Wikipedia), it suggests that the Burmese regime marked
certain ethnic minorities in Myanmar such as the Karen, Karenni and Shan for extermination or
'Burmisation'. However, it received little attention from the international community because it was more
subtle and indirect than the mass killings that took place in places like Rwanda. According to Amnesty
International, Rohingya Muslims continue to suffer human rights violations under the rule of the junta that
has ruled Burma since 1978, and many of them have fled to neighboring Bangladesh as a result. violence
against Christian communities such as the Kachin has also flared since the start of the conflict in June 2011
to 2012 - Kachin Conflict.

On March 21, 2022, at the 49th session of the United Nations Human Rights Council, Michelle
Bachelet said that the - "systematic brutality of the security forces known as the Tatmadaw has fueled long-
standing armed conflicts in many ethnic states. In amid a deep crisis facing access to basic human rights in
Myanmar following the February 2021 coup, hundreds of local armed groups have fought and now formed
across the country, triggering widespread violence in previously stable areas."

1.1 Persecution of Muslims

The Muslim Rohingya continue to face human rights abuses by the Burmese regime which refuses to
recognize them as citizens (despite generations of living in the country) and attempts to forcibly evict the
Rohingya and bring not Rohingya to replace them. This policy resulted in the expulsion of approximately
half of the Rohingya population from Burma. An estimated 90,000 people have been displaced by recent
sectarian violence between Rohingya Muslims and Buddhists in Burma's western Rakhine State. As a result
of this policy, the Rohingya have been described as "among the world's least wanted" and "one of the world's
most persecuted minorities". Since 1982, the Rohingya's citizenship law has been abolished by the Burmese.

In 2012, violence broke out between ethnic Rakhine Buddhists and Rohingya Muslims, leaving 78
people dead, 87 injured, and thousands of homes destroyed. It also displaced more than 52,000 people. In
July 2012, the Government of Myanmar did not include the Rohingya minority group they classified as
stateless Bengali Muslims from Bangladesh since 1982, in the government's list of more than 130 ethnic
groups and therefore the government said they had no claiming Myanmar citizenship.
1.2 The 2012 Rakhine State Riots

The 2012 Rakhine State riots was a series of ongoing conflicts between Rohingya Muslims and
ethnic Rakhine people in northern Rakhine State, of Myanmar. The riots came after weeks of sectarian
disputes and were condemned by most people on both sides of the conflict. The immediate cause of the riots
is unclear, with many commentators citing the killing of ten ethnic Rakhine Burmese Muslims after the rape
and murder of a 13-year-old Rakhine girl by Burmese Muslims, as the main cause. The entire village was
destroyed, and more than three hundred houses, and several public buildings were destroyed. According to
Tun Khin, the President of the Burmese Rohingya Organization UK (BROUK), as of June 28, 2012, there
were 650 Rohingya killed, 1,200 missing, and more than 80,000 displaced. According to Myanmar
authorities, violence between ethnic Rakhine Buddhists and Rohingya Muslims has left 78 people dead, 87
injured, and thousands of homes destroyed. It also displaced more than 52,000 people.The government
responded by imposing curfews and by deploying troops to the regions.

In 2012 of June, a state of emergency was declared in Rakhine, allowing the military to participate in
the administration of the region. Resulting of accusation to Burmese army and police about the targeting of
Rohingya Muslims through mass arrests and indiscriminate violence. Some organizations of monks who
have played an important role in “Burma's struggle for democracy” have taken steps to block any
humanitarian aid to the Rohingya community. In May 2019, Amnesty International accused the Burmese
army of committing war crimes and other atrocities in Rakhine State. The army has been accused of killing
and abusing civilians, and indiscriminate attacks Amnesty said on - (2019 of January). "The new operations
in Rakhine State reveal an unrepentant, unreformed and unaccountable military that terrorizes civilians and
commits mass violations as a deliberate tactic", said of Amnesty's Regional Director for East and Southeast
Asia.

1.2 The Continuing Violence

Due to the conflicts between the two opposing sides, on day30 of June, 2013 another heinous crime
broke out, rioters burned two houses on the west coast of the town of Thandwe. The unrest started over
rumors of a Muslim man raping a minor girl, or the territorial dispute between Rakhine and trishaw-riding
Muslims. Three Muslims were injured in the fire. Roads in and out of town were blocked and a government
spokesman said “Myanmar police were working to find the culprits.” Due to the ongoing countless human
rights abuses in Myanmar, on March 21, 2022 Biden Administration, (The current President of the United
State of American) declared that the Myanmar military had committed a serious crime against the Rohingya
minority.
The Secretary of State, Antony Blinken said that, "the US has seen evidence that points to a clear
intent to destroy the Rohingya, with reports of killings, mass rape, and burning of properties." As of July 4,
2022, a United Nations investigator has documented apparent war crimes by the Myanmar military and
released shocking footage of brutal killings allegedly in Sagaing Region. On 10 May, 30 men were captured
after a Myanmar military raid in Mon Taing Pin village, in Ayadaw. At least five of them later appear dead,
their hands bound, shot from behind. Report obtained by Radio Free Asia (RFA), gives damning evidence of
the brutal operation which reinforce a pattern of killings that bear the hallmarks of the military’s atrocities.

1.3 Ethnic cleansing

The Myanmar government has been accused by the UN of Ethnic Cleansing of the Rohingya
population and committing a state-sanctioned crimes such as extrajudicial executions, mass murder,
genocide, torture, gang rape, and forced labor on children, these are some of the displacements against them
but the Myanmar government still denies it. Meanwhile in August 2017, a new massacres and burning of
Rohingya villages, by the Myanmar Army were reported. In 2020, Yanghee Lee, the UN special rapporteur
on Myanmar, said that the Tatmadaw was emboldened due to the increased powers granted to them during
the Corona-Virus Pandemic.

In some investigations led by Amnesty International, they concluded that the airstrikes taken place in
March/April 2020 by the Myanmar military, killed some of civilians including children. According to there
witness testimonies, “Myanmar soldiers arbitrarily detained the civilians over alleged link to Arakan Army.
The detainees were brutally tortured and beaten by the army.” On that time internet has been cut-off for more
than a year in the conflicted territory. The civilians are deprived of the humanitarian assistance over COVID-
19 pandemic. Amnesty also reported the destruction and burning of villages in Rakhine and Chin State. -
Amnesty International(2020)
II. Freedom of Speech and Political Freedom

According to a 2004 Amnesty International report, between 1989 and 2004, more than 1,300
political prisoners were imprisoned after unfair trials. The other prisoners are the leaders of the National
League for Democracy,(NLD) including Aung San Suu Kyi and U Tin Oo, based on the testimony of
Amnesty International they say that "it is wrong to deprive them of their freedom if what they are fighting
for is for peaceful activities that cannot be considered crimes under international law", Amnesty International
claims. (The Freedom House), report notes that the authorities arbitrarily search citizens' homes, intercept
mail, and monitor telephone conversations, and that the possession and use of telephones, fax machines,
computers, modems, and software are criminalized.

According to Assistance Association for Political Prisoners (Burma), there were 1,547 political
prisoners in Burma – the number had doubled from 1,100 in 2006 to 2,123 in 2008. As of April 2013, there
were 176 political prisoners in Burmese prisons.Political prisoners may be detained on charges seemingly
unrelated to politics, complicating the case for their release. For example, National Democratic
Force member and land rights activist Daw Bauk Ja was detained by police for medical negligence in 2013,
though the detainment was linked to a 2008 death, the case for which had been withdrawn by family of the
deceased in 2010. She had run for election in 2010 and also actively campaigned against the Myitsone
Dam and took Yuzana Company to court for its land confiscations in Kachin State's Hukawng Valley region.

1.1 Freedom of the press

The Burmese media is tightly controlled by the government. Newspapers, journals and other
publications are run under the Ministry of Information and undergo heavy censorship before publication.
Reporters face severe consequences for criticizing government officials, policy, or even reporting on
criticism. Restrictions on media censorship were significantly eased in August 2012 following
demonstrations by hundreds of protesters who wore shirts demanding that the government "Stop Killing the
Press". The most significant change has come in the form that media organization will no longer have to
submit their content to a censorship board prior to publication, however, as explained by one editorial in the
exiled press Irrawaddy, this new "freedom" has caused some Burmese journalists to simply see the new law
as an attempt to create an environment of self-censorship as journalists are required to follow 16 guidelines
towards protecting the three national causes – non-disintegration of the Union, non-disintegration of national
solidarity, perpetuation of sovereignty – and "journalistic ethics" to ensure their stories are accurate and do
not jeopardize national security.
Based on (Media shift of Myanmar) - on 3 September 2018 Myanmar court sentenced two Burmese
reporters working for Reuters to seven years in prison allegedly for protecting state secrets. In August 2019,
a Myanmar court sentenced a filmmaker to one year in prison with hard labor for criticizing the military on
Facebook. Also a Burmese filmmaker, Min Htin Ko Ko Gyi, was arrested on 12 April 2019 and formally
charged under section 505(a) of the Penal Code on 1 August 2019, for one-year prison on charges of
criticizing the Myanmar military in his Facebook post. Min Htin Ko Ko Gyi is also a founder of the Human
Dignity Film Institute (HDFI) and the Human Rights, Human Dignity International Film Festival. Nicholas
Bequelin Director for East and South East Asia at Amnesty, condemned the punishment and called it 'cruel'
considering serious health ailments that Min Htin Ko Ko Gyi is suffering from, one of which is liver cancer
that demands specialist treatment.

1.2 Freedom of Expression

New provisions were also introduced in the Criminal Procedure Code to allow searches, seizures,
arrests, surveillance and interception of communications to take place without warrants. The military
authorities periodically imposed nationwide internet and telecommunications shutdowns, violating the right
to freedom of expression. In areas where there were military operations, such as in Hpakant township in
Kachin State, Chin State and the regions of Sagaing, Magway and Mandalay, internet and WiFi services
were suspended and, in some instances, mobile phone networks cut. This severely obstructed
communications, including those concerning human rights violations committed by security forces, as well
as negatively impacting humanitarian operations.

On June 19, 2020, HRW urged the Myanmar government to immediately end a year-long
government-enforced internet shutdown, which has affected more than a million people living in a conflict
zone. HRW cited humanitarian workers stating that some villages are unaware of the corona-virus pandemic,
due both to the internet shutdown as well as due to humanitarian workers being barred access to the villages.
III. Children's Rights

According to (Human Rights Watch), recruiting and kidnapping of children into the military is


commonplace. An estimated 70,000 of the country's 350,000–400,000 soldiers are children. There are also
multiple reports of widespread child labour.

1.1 Children's Right of Education

Based on the (Amnesty International), they also reported about 12 million children and young
people had no access into formal education due to the combination of Covid-19-related to schools, colleges
and university closures, armed conflict and the actions of the military authorities. Teachers who participated
in the civil disobedience movement were among those arrested and at least 139 teachers had been detained as
of the end of November. Schools and other educational facilities were bombed or otherwise attacked by
unknown actors. In May alone, at least 103 such attacks were reported. The military occupied schools and
university campuses across Myanmar.

1.2 Child's Soldier

On the report of (Independent TV), in their website. The ‘Child Soldiers’ have and continued to play
a major part in the Burmese Army as well as Burmese rebel movements. The Independent reported in June
2012 that "Children are being sold as conscripts into the Burmese military for as little as $40 and a bag of
rice or a can of petrol." Based on UN's (United Nations), the Special Representative of the Secretary-General
for Children and Armed Conflict, ’Radhika Coomaraswamy’, who stepped down from her position a week
later, met the representatives of the Government of Myanmar on 5 July 2012 and stated that “she hoped the
government's signing of an action plan that would be signal a transformation about child’s soldier.”

On the other hand in September 2012 the Burmese Army released 42 child soldiers and
the International Labour Organization met with representatives of the government as well as the Kachin
Independence Army to secure the release of more child soldiers. According to (Samantha Power), a US
delegation raised the issue of child soldiers with the government in October 2012.
IV. State-sanctioned Torture, Rape & Other ill-treatment

Sexual violence and threats of sexual violence by the security forces against women, girls and in
some instances men arrested during protests, were documented by the UN and others, including in the
context of interrogations. Detained LGBTI people who participated in the protests, often under rainbow
flags, were also reported to have been subjected to torture including sexual violence, according to the AAPP,
at least 8,338 of those arrested since 1 February remained in detention as of 31 December, including 196
children. In addition to journalists, these included NLD party members and their relatives, peaceful
protesters, members of the civil disobedience movement and other activists, as well as bystanders. Relatives
who were able to visit family members in detention reported seeing physical injuries and other signs of
torture or ill-treatment. The UN also documented the widespread use of torture by security forces against
detainees, in some cases resulting in death.

1.1 Sexual Abuses

A 2002 report by The (Shan Human Rights Foundation) and (The Shan Women's Action Network),
License to Rape, details 173 incidents of rape and other forms of sexual violence, involving 625 girls and
women, committed by Tatmadaw (Burmese Army) troops in Shan State, mostly between 1996 and 2001.
The authors note that the figures are likely to be far lower than the reality.
According to the report, "the Burmese military regime is allowing its troops systematically and on a
widespread scale to commit rape with impunity in order to terrorize and subjugate the ethnic peoples of Shan
State." Furthermore, the report states that "25% of the rapes resulted in death, in some incidences with bodies
being deliberately displayed to local communities. 61% were gang-rapes; women were raped within military
bases, and in some cases women were detained and raped repeatedly for periods of up to 4 months."
However the Burmese government denied the report's findings, and stating that insurgents are responsible for
violence in the region.

1.2 Torture

A 2003 report "No Safe Place: Burma's Army and the Rape of Ethnic Women" by (Refugees
International), stated a documents about the widespread of rape use by Burma's soldiers to brutalize women
from five different ethnic nationalities. Human rights organizations such as Amnesty International also report
frequent torture of prisoners, including political prisoners.
V. Health Fundamental Rights

The health system effectively collapsed in the aftermath of the military takeover as health workers
joined the civil disobedience movement and a third wave of Covid-19 hit the country. Health workers
clandestinely providing medical care, including to injured protesters, were attacked and arrested by the
security forces. According to the WHO, more than 286 attacks on healthcare facilities and personnel took
place during the year, accounting for over one third of attacks on healthcare globally. The majority of attacks
were attributed to the military, although bomb attacks by unknown assailants against military-run hospitals
were also reported. At least 26 health workers were killed and 64 injured during the year.

The military government further undermined the Covid-19 response by confiscating personal
protective equipment and already severely limited oxygen supplies in Chin, Kayin and Yangon for use by the
military. In July security forces reportedly opened fire to disperse people queuing for oxygen cylinders in
Yangon.

Women and girls faced difficulties in accessing sexual and reproductive healthcare, especially in
armed conflict areas. There were reports of displaced women giving birth without access to basic medical
services. In several reported cases in Kayah and Shan states, newborn babies of displaced families died due
to lack of adequate healthcare and shelter.

VI. Human Rights Labour

According to (Research), shows that online research about the various abuses that occur in Myanmar.
Forced labor is also one of the abuses taking place in Myanmar. Another issue here is inhumane work,
neglect of workers, lack of right to work and above all low wages, these are just a few of the main abuses
recorded in Myanmar.

1.1 Force Labour

According to the (International Confederation of Free Trade Unions), several hundred thousand men,
women, children and elderly people are forced to work against their will by the administration. Individuals
refusing to work may be victims of torture, rape or murder. The International Labour Organization has
continuously called on Burma to end the practice of forced labour since the 1960s. In June 2000, the ILO
Conference adopted a resolution calling on governments to cease any relations with the country that might
aid the junta to continue the use of forced labour.
1.2 Rights to Organize Labour

Trade unions were banned when General Ne Win came to power in 1962. In 2010, amid growing
calls for reform to labour laws, unofficial industrial action was taken at a number of garment factories in
Rangoon, causing concern at government level. In October 2011, it was announced that trade unions had
been legalized by a new law

1.3 Labour rights improvements

An initiative was launched in 2014 by the Myanmar government and the International Labour
Organization, in conjunction with the US, Japan and Denmark, to promote the development of fundamental
labour rights and practice in Myanmar.

VII. Past Condemnation and Individual Cases

1.1 1990s

In a landmark legal case, some human rights groups sued the Unocal corporation, previously known
as Union Oil of California and now part of the Chevron Corporation. They charged that since the early
1990s, Unocal has joined hands with dictators in Burma to turn thousands of its citizens into virtual slaves.
Unocal, before being purchased, stated that they had no knowledge or connection to these alleged actions
although it continued working in Burma. This was believed to be the first time an American corporation has
been sued in a US court on the grounds that the company violated human rights in another country.

1.2 2000s

The Freedom in the World 2004 report by (Freedom House), notes that "The junta rules by decree,
controls the judiciary, suppresses all basic rights, and commits human rights abuses with impunity. Military
officers hold all cabinet positions, and active or retired officers hold all top posts in all ministries. Official
corruption is reportedly rampant both at the higher and local levels.”

(Brad Adams), director of Human Rights Watch's Asia division, in a 2004 address described the
human rights situation in the country as appalling: "Burma is the textbook example of a police state.
Government informants and spies are omnipresent. Average Burmese people are afraid to speak to foreigners
except in most superficial of manners for fear of being hauled in later for questioning or worse. There is no
freedom of speech, assembly or association."
From 2005 to 2007 (NGO’s) found that violations of human rights included the absence of an
independent judiciary, restrictions on Internet access through software-based censorship, that forced
labour, human trafficking, and child labour were common, and that sexual violence was abundantly used as
an instrument of control, including systematic rapes and taking of sex slaves as porters for the military. A
strong women's pro-democracy movement has formed in exile, largely along the Thai border and in Chiang
Mai. There was also said to be a growing international movement to defend women's human rights issues. In
a press release on 16 December 2005 the US State Department said UN involvement in Burma was essential
and listed illicit narcotics, human rights abuses and political repression as serious problems that the UN
needed to address.

According to Human Rights Defenders and Promoters (HRDP), on 18 April 2007, several of its
members (Myint Aye, Maung Maung Lay, Tin Maung Oo and Yin Kyi) were met by approximately a
hundred people led by a local official, U Nyunt Oo, and beaten up. Due to the attack, Myint Hlaing and
Maung Maung Lay were badly injured and subsequently hospitalised. The HRDP alleged that this attack was
condoned by the authorities and vowed to take legal action. Human Rights Defenders and Promoters was
formed in 2002 to raise awareness among the people of Burma about their human rights.

1.3 2010’s

In April 2019, the UN appointed an American prosecutor as head of an independent team that will
probe human rights violations in Myanmar's volatile Rakhine state, focusing on atrocities committed against
Rohingya Muslims. However, Myanmar's ruling political party National League for Democracy disapproved
of the new UN investigative mechanism.

1.4 2020’s

On 14 August 2022, UN High Commissioner for Human Rights Michelle Bachelet began a four-day


official visit to Bangladesh. This is the first official visit by a UN Human Rights Chief to the country. Ms.
Bachelet will go to Cox’s Bazar where she will be able to visit camps housing Rohingya refugees
from Myanmar and meet with refugees.
References

  "A Special Report to the 59th Session of the United Nations" (PDF). Geneva: Freedom
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External Link’s

 Burmese soldiers target Christians in recent attacks – 2 November, 2011


 Human Rights Watch: Burma
 Burma Campaign UK
 Collection of reports on issues in Burma, maintained by Burma Center Prague
 Amnesty International report on prisoners of conscience
 International Confederation of Free Trade Unions' Burma Campaign
 Freedom House's Burma ratings
 Minorities in Burma and Burma: Time for Change by Minority Rights Group
International
 Licence to rape, a report on the Burmese military regime's use of sexual violence in
Shan State, by The Shan Human Rights Foundation and The Shan Women's Action
Network
 Karen Human Rights Group, Documenting the voices of villagers in rural Burma
 Refugees International on Burmese refugees
 Burma Project (Open Society Institute)
 The Free Burma Coalition
 Censorship in Burma: IFEX
 Focus on Myanmar The Boston Globe. 16 November 2005
 Burma Labour Solidarity Organisation
 Asian Human Rights Commission – Burma homepage
 Rule of Lords Weekly column on human rights & the rule of law in Burma &
Thailand
 Chin Human Rights Organization
 Human Rights abuse in Burma reported on by Guy Horton
 Burma 2012 Human Rights Report United States Department of State

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