CHRO

Legal-Analysis_final (1)

Legal Analysis Related to Sanction Designations on Members of Northwestern Command of the State Administrative Council (SAC)

Introduction

This briefing outlines the key legal arguments pertaining to crimes against humanity and war crimes carried out by the State Administrative Council (SAC) in the context of the ongoing non-international armed conflict (NIAC) in Chin State and Western Burma. Select cases, compiled as part of the CHRO’s ongoing documentation activities, are used as reference points from across geographical locations which the CHRO has been closely monitoring and gathering first-hand information. Where required, information from credible secondary sources has been used. Within it are details of grave human rights violations having taken place in Matupi, Mindat and Thantlang townships of Chin State, and Magway and Sagaing Regions of Western Burma.

The objective of this briefer is to outline, and, where possible name the key decision-makers ordering the crimes outlined within this document. The CHRO has mapped the Tatmadaw hierarchy and command structure operating in Chin State and Western Burma for contextual reference for the initiation of appropriate individual and targeted sanction designations. The data has been compiled through access to leaked documents and interviews with defectors and eyewitnesses conducted by CHRO’s team of field workers. The primary objective of this briefer is to highlight why senior individuals within the below command structures and the specific battalions – that have designed and carried out attacks against the civilian population by targeting homes, livelihoods and lives – need to be considered for sanctions. It is also hoped that ongoing advocacy toward sanctioning regimes, such as those pertaining to aviation fuel and arms embargos will be supported by the following information within the report.

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2023.09.13.CJA CHRO KHRG Tom Lantos Comm. Statement

Tom Lantos Human Rights Commission
Burma: Human Rights in the Aftermath of the Coup
September 13, 2023
Statement by The Center for Justice and Accountability; Chin Human Rights
Organization; Karen Human Rights Group Submitted for the Record


The Center for Justice and Accountability, the Chin Human Rights Organization, and the Karen
Human Rights Group thank the Tom Lantos Human Rights Commission for convening this
important hearing on the human rights situation in Burma in the aftermath of the February 2021
coup and for the opportunity to submit this statement for the Commission’s consideration.

Read more in PDF

CHRO_ACF_Submission_Final (1)

December 16, 2022
Committee Secretary
Joint Standing Committee on Foreign Affairs, Defence and Trade
PO Box 6021
Parliament House
Canberra ACT, 2600

Australian Chin Federation and Chin Human Rights Organization
Submission to the Joint Standing Committee on Foreign Affairs, Defence
and Trade – Foreign Affairs and Aid Subcommittee

Introduction

1. The Australian Chin Federation (ACF) was founded in October 2013 in Melbourne, Australia by Chin communities who have settled and are living in various parts of Australia, including Melbourne, Adelaide, Queensland, Coffs Harbour and Perth. AFC works with different nongovernmental organisations and church groups, including the Australian Chin Christian Council
(ACC), which as 21 individual local churches, in advancing and representing the interest and well-being of Chin communities across Australia, as well as those living within Myanmar and the region.

2. The Chin Human Rights Organization (CHRO) is committed to protecting and promoting human rights through monitoring, research, documentation, education and advocacy on behalf of the Chin indigenous people and other oppressed and marginalized communities in Burma/Myanmar. Through our work, we envision meaningful social change and the full enjoyment of human rights
in a just, free and democratic society, where the equal dignity of all human beings is respected and upheld. CHRO was founded in 1995, by a group of Chin activists committed to documenting and exposing years of systematic human rights violations by State actors, previously unreported and unknown to the international community

Please read more on PDF https://www.chinhumanrights.org/wp-content/uploads/2023/10/CHRO _ACF_Submission_Final-1.pdf

 

Foreign Minister expresses commitment to continue dialogue with Myanmar CSOs

7 September 2022: Representatives of six Civil Society Organizations (CSOs) from Myanmar on Tuesday held a 90-minute-long dialogue with the Malaysian Foreign Minister Dato Saifuddin Abdullah and exchanged views on the multi-faceted crises in Myanmar. Present in the meeting were representatives from the Burma Human Rights Network (BHRN), Chin Human Rights Organization (CHRO), Karen Human Rights Group (KHRG), Myanmar Cultural Research Society (MCRS), Progressive Voice (PV), and Women’s League of Burma (WLB).

In his opening remarks, the Foreign Minister shared his views and the initiatives he has undertaken with respect to the current situations in Myanmar, including his recent communication to the Association of Southeast Asian Nations (ASEAN) Secretary-General requesting an update on the steps taken by ASEAN towards resolving the crises in Myanmar in the lead up to the upcoming ASEAN Summit in Indonesia in November. Expressing his concerns regarding the worsening humanitarian situation in Myanmar, the Foreign Minister said he recognized the need to directly support local civil society organizations working on the ground outside of the junta’s control to provide life-saving humanitarian aid to the people. He reiterated his earlier public statement regarding the need for ASEAN member states to urgently decide on whether to continue working with or without the military junta regarding the provision of humanitarian aid in Myanmar.

Representatives of the civil society organizations, in turn, expressed serious concern regarding the senselessness of working with the military junta in providing humanitarian aid to the very people who are suffering and fleeing from the junta’s atrocities. They stressed that current humanitarian aid delivery efforts being made with the focus on partnering with the military junta is completely ill-advised and counterproductive. They pointed out that the military junta, as the primary source of the crisis, cannot be trusted with aid delivery.

Taking the opportunity, participants of the meeting also thanked the Foreign Minister for his leadership in speaking out on the issue of the ongoing crises in Myanmar within the ASEAN membership and beyond the region. They urged him to continue to take a leading role in reaching out to other counterparts within ASEAN in forging a cohesive and coordinated response to the crises in Myanmar. At the same time, the CSOs noted the regional dimension to the Myanmar crisis, which has implications for the well-being and protection of refugees in Myanmar’s neighboring countries, including many thousands who have sought sanctuary in Malaysia following the attempted coup of 2021.

In particular, the CSO representatives raised grave concerns regarding the recent signing of new agreements and the presenting of credentials to the illegitimate junta by some of the UN Agencies working inside Myanmar, including the UN Office for the Coordination of Humanitarian Affairs, UN International Children’s Emergency Fund and UN Food and Agriculture Organization of the United Nations. Foreign Minister noted these concerns with great interest. The CSO representatives emphatically reminded the Foreign Minister that such maneuvers not only embolden the junta to continue committing atrocity crimes, but also serve to legitimize an illegal junta at a time when it is desperately seeking for international recognition ahead of the UN General Assembly session, which is once again set to decide on who will represent Myanmar at the world body.

Foreign Minister Abdullah expressed his commitment to continue interacting with Myanmar civil society organizations, as well as broadening the discussion to include other interested members of ASEAN.

 

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Statement on Meeting with Malaysia FM-

Date: July 20, 2022

Testimony_Oral_Presentation

Testimony of Salai Za Uk Ling, Deputy Executive Director of CHRO at the 4th Hearing of International Parliamentary Inquiry on Myanmar

Thank you for giving me the opportunity to appear before you this evening to speak about the situation of Chin people under military junta of Myanmar, which calls itself the State Administrative Council. My name is Salai Za Uk Ling and I represent the Chin Human Rights Organization, a group that has been documenting the human rights situation of Chin people for the last 27 years with a UN ECOSOC Special Consultative Status since 2018.

I am here to speak about the humanitarian consequences of the attempted coup with specific regards to the situation in Chin State, where I come from. I am doing so with the view of reminding all of us to stay laser-focused on who is responsible for the horrors of the past year and a half, and the urgent need for accountability and justice for the crimes committed, thus far with complete impunity. Let us be very clear that as we speak here today, the chief criminal mastermind who presided over the killings and mass atrocities against the people of Myanmar, General Min Aung Hlaing, is freely travelling internationally and visiting Russia, and the arm of international justice system is yet to reach him for the crimes he has committed. But I hope that this hearing will be the beginning of laying an important groundwork and providing impetus for advancing accountability and justice process in Myanmar.

That said, for the past year and half, Chin State with a Christian majority and a population of just below half a million, or one percent of the country’s population, has not escaped the kinds of atrocities and terrors at the hands of the Myanmar Army. In fact, the state has been one of the primary targets of military’s campaign of annihilation. I am using the word annihilation here because this is the exact word used by the junta’s spokesperson right before the start of their brutal military campaign around April last year. This should be emphasized because it was a public expression of criminal intent for what the army would do in the ensuing months. Our organization has closely monitored and documented incidents and patterns of the gross violations by the military over the period, and this is what we have found as of this month.

  • The unlawful deaths or extrajudicial killings of over 250 Chin civilians
  • Unlawful arrests and arbitrary detention of over 1100 people
  • The deliberate and intentional destruction of livelihood and civilian properties, including the burning of over 1800 houses across Chin State, the vast majority of which took place in my hometown Thantlang over the course of more than 30 separate attacks
  • The destruction of 65 religious buildings, including over 50 churches or places of worship
  • The forced displacement of an estimated 120,000 people, which constitute 20 percent of the entire population of Chin State

As you can see, despite being only 1 percent of the entire population, Chin State has suffered from disproportionate share of serious rights violations and related humanitarian crisis. The Tatmadaw is currently sending in two large military columns into Chin State, and there has been intense fighting in the north over the past three weeks. Soldiers from LID 22 have burned down three villages in Falam and Hakha Townships and summarily executed two civilians during this latest expedition. Fighting is also flaring up in the south as the reinforcement convoy is traveling from Pakhoku as we speak. The SAC troops are blocking all access routes to Chin State and preventing commercial traffics and basic commodities from entering to the area, including international humanitarian aid. This is all part of a strategy aimed at collective punishment under the four cuts practice. The objective is to establish strategic military dominance in the region by depopulating the entire region or pushing people into starvation, and eventually forcing them into submission under the military’s control. There is no end in sight for these gross violations being committed with impunity. The international community must act swiftly and decisively to tackle the culture of impunity and address the humanitarian needs of the people in the region. Everyday that action is delayed is another day that more people are dying and suffering. Something consequential needs to be urgently done to address the unfolding humanitarian disaster.

CHRO recommends the following course of action for the international community:

  • To take all measures to reject the legitimacy of SAC and deny their participation at any regional, multilateral or international spaces, including all the ASEAN platforms. We applaud countries that have boycotted the security summit in Russia this week, including New Zealand, Australia and the United States, and possibly South Korea and Japan
  • Adopt a more proactive, coordinated and direct approach towards Myanmar by stopping the usual approach of deferring everything to ASEAN, which has failed miserably
  • Directly engage with, and urgently make flexible funding and resources available for local CBOs and CSO networks who are providing humanitarian assistance to IDPs and refugee communities, especially via cross-border operations
  • Enable or increase funding for monitoring and human rights documentation work towards accountability and justice for international crimes committed by the military junta
  • Designate the civil servants across the country who continue to boldly defy the junta through the Civil Disobedience Movement as Frontline Human Rights Defenders to enable them to access channels for direct financial support for their brave human rights work.

 

Thank you

This report details human rights abuses that took place in Mindat Township, Chin State from the period of April to December 2021. In May 2021, Martial Law was imposed on Mindat Town, pre-empting a large-scale assault by air and on the ground in order to engage with the Chin Defense Force – Mindat (CDF-M) and establish military control of the town. During a three-day siege, indiscriminate bombing of civilian infrastructure took place, hospital premises were stormed, and widespread instances of war crimes committed by Tatmadaw forces were reported. Download 

 

Al Jazeera| On January 6, Pu Tui Dim, a human rights defender, journalist and former Chin Human Rights Organization (CHRO) colleague, was arrested by Myanmar junta solders while visiting his home village in northwestern Chin State’s Matupi Township. Nine other civilians from the same village, including a 13-year-old boy, were arrested alongside him.

A day later, my colleagues and I at the Chin Human Rights Organization (CHRO) learned that Pu Tui Dim and others from his village were missing. Fearing the worst, we began a desperate scramble to establish contacts on the ground and gather information.

We soon learned that Pu Tui Dim and the villagers were detained by junta soldiers as they were travelling by motorbike through an area where junta forces have been fighting against the Chinland Defense Force, a pro-democracy armed group. With the military having cut phone lines and internet connections in the area, however, gathering further information and establishing their whereabouts proved to be an agonising effort.

But just two days later, on January 9, our worst fears were confirmed.

Our sources on the ground informed us that they had found the dead bodies of Pu Tui Dim and other villagers. Their hands were tied behind their backs. They were gagged. Some had had their throats slashed. Others had stab wounds to their abdomens.

This gruesome mass murder was just one example of the horror and destruction the military routinely brings upon the people of Myanmar as it desperately tries to cling to power a year after its coup.

We at the CHRO have been documenting the situation on the ground in Myanmar’s northwest since the coup. Arbitrary arrests and detentions of civilians, torture, summary executions, indiscriminate shelling of civilian neighbourhoods and towns, violent nighttime raids, and destruction of private property have all become daily occurrences across the entire region in the past year.

The regime’s reign of terror has pushed more and more people to take up arms against the military as a last resort. But as the armed resistance grew, the military’s attacks on the civilian population became more vicious. Tens of thousands have become internally displaced or fled to neighbouring India in a matter of months.

Meanwhile, the military has deliberately sought to obstruct the collection of evidence of its abuses. It has blocked mobile internet services in 24 townships in Myanmar’s northwest since September, and at times, shut down mobile phone networks, as well. On top of this, it has occasionally imposed martial law, including movement restrictions, to make it more dangerous for people to collect information on the ground.

The coup has emboldened the military, which was already accused of genocide for its treatment of the Rohingya, to kill and destroy anyone and anything in its path.

I have been documenting the military’s human rights abuses for more than two decades, so I am well familiar with its brutal tactics. But I have rarely come across the extent of spine-chilling inhumanity that the military has shown across the country in recent months.

On December 23, for example, it launched indiscriminate air strikes on two Chin villages in the Sagaing region after suffering heavy casualties to local resistance forces in the preceding days. As civilians tried to flee, soldiers stormed the village, killing at least 19. On Christmas Eve, military forces massacred at least 35 people, including women, children and aid workers, in Karenni State, and burned them in their vehicles.

The military has also attacked my hometown of Thantlang at least 20 times during the past four months, burning more than 800 houses to the ground and displacing the entire population of more than 10,000. Deprived of access to basic medical attention and nutritious food, more than 30 people from Thantlang, mostly elderly, have died while fleeing, according to a tally conducted by my organisation.

Tragically, these attacks were foreseeable. Time and again, CHRO has joined civil society actors across the country in calling for governments around the world and the United Nations Security Council (UNSC) to act. Yet the world is doing almost nothing to rein in the junta as it continues to commit atrocities with impunity.

For example, in October, we were among more than 90 civil society organisations to sound an alarm about impending military attacks in northwestern Myanmar, including Chin State. Although the UNSC convened an emergency meeting on November 11, following which it released a statement expressing “deep concern”, we saw no tangible results. In the months since, the military has continued to burn down and destroy houses and places of worship and kill unarmed civilians, while intentionally depriving civilians of lifesaving aid.

In the absence of swift and decisive international action, we at the CHRO expect the situation to worsen. Since January 9, the military has sent at least 500 troop reinforcements as well as large quantities of arms and ammunition to Myanmar’s northwest, while bombarding Loikaw, the capital of Karenni State in southeastern Myanmar and sending about two-thirds of its 90,000 residents fleeing.

This past year, my colleagues and I have seen too many losses and too much suffering and destruction, and we are increasingly feeling abandoned in our efforts to stop the military from committing further human rights abuses. If governments and international bodies that could make an impact instead continue to look the other way, we are almost certain to see a further escalation in preventable violence.

Pu Tui Dim, who was 55 at the time of his death and left behind one son, had spent his entire adult life documenting the Myanmar military’s human rights abuses. During his six years with the CHRO, he had repeatedly put his own life at risk by clandestinely travelling to dangerous areas to collect human rights data. In spite of the nature of his work, Pu Tui Dim had always managed to stay positive and brighten the mood of our team. His selfless work was integral to CHRO’s efforts to give a voice to the Chin people and inform the world about the former military regime’s human rights abuses in Chin State.

After leaving the CHRO in 2002, he co-founded Khonumthung News, a local media outlet covering the situation in Chin State; he has spent the past 16 years serving as the organisation’s editor-in-chief. He was also one of the founders of Burma News International, a network of local media outlets.

Like countless other victims of the regime’s ruthless and arbitrary rule, Pu Tui Dim is an unsung hero of this people’s revolution against military dictatorship. May he rest in peace, and may he be the last human rights defender whose life is needlessly cut short by this regime.

As for those of us human rights defenders in Myanmar and the diaspora – we remain committed to continuing our work until all the people of Myanmar are free and able to exercise their fundamental rights.

The views expressed in this article are the author’s own and do not necessarily reflect Al Jazeera’s editorial stance.

A tribute to a human rights defender killed by Myanmar’s junta | Opinions | Al Jazeera


GENEVA (28 January 2022) – UN High Commissioner for Human Rights Michelle Bachelet on Friday urged the international community to intensify pressure on the military to stop its campaign of violence against the people of Myanmar and to insist on the prompt restoration of civilian rule.

“One year after the military seized power, the people of Myanmar – who have paid a high cost in both lives and freedoms lost – continue to advocate relentlessly for their democracy,” Bachelet said. “This week, I had a chance to speak in person with determined, courageous human rights defenders who are pleading to the international community not to abandon them, but to take robust, effective measures to ensure their rights are protected and the military is held accountable.”

“I urge governments – in the region and beyond – as well as businesses, to listen to this plea. It is time for an urgent, renewed effort to restore human rights and democracy in Myanmar and ensure that perpetrators of systemic human rights violations and abuses are held to account.”

Bachelet said she had heard chilling accounts of journalists being tortured; factory workers being intimidated, silenced and exploited; intensified persecution of ethnic and religious minorities – including the Rohingya; arbitrary arrests, detentions and sham trials of political opponents; “clearance operations” targeting villagers; and indiscriminate attacks including through airstrikes and the use of heavy weaponry in populated areas, showing gross disregard for human life.

“And yet, courageous human rights defenders and trade unionists continue to protest, to advocate, to document and accumulate the mounting evidence of violations,” she said.

The brutal effort by security forces to crush dissent has led to the killing of at least 1,500 people by the military since the 1 February coup – but that figure does not include thousands more deaths from armed conflict and violence, which have intensified nationwide.

The UN Human Rights Office has documented gross human rights violations on a daily basis, the vast majority committed by security forces. At least 11,787 people have been arbitrarily detained for voicing their opposition to the military either in peaceful protests or through their online activities, of whom 8,792 remain in custody. At least 290 have died in detention, many likely due to the use of torture.

Armed clashes have grown in frequency and intensity, with every part of the country experiencing some level of violence. In those areas of highest intensity military activity – Sagaing region, Chin, Kachin, Kayah and Kayin states – the military has been punishing local communities for their assumed support of armed elements. The Office has documented village burnings, including places of worship and medical clinics, mass arrests, summary executions and the use of torture.*

The crisis has been exacerbated by the combined forces of the COVID-19 pandemic and the collapse of the banking, transportation, education and other sectors, leaving the economy on the brink of collapse. The daily lives of people have been severely impacted, with devastating effects on their enjoyment of economic and social rights. There are projections that nearly half of the population of 54 million may be driven into poverty this year.

“Members of Myanmar civil society have told me first-hand what the impact of the last year has been on their lives and those of their families and communities,” Bachelet said. “The people have shown extraordinary courage and resilience in standing up for their basic human rights and support each other.

Now the international community must show its resolve to support them through concrete actions to end this crisis.”

While there has been near universal condemnation of the coup and the ensuing violence, the international response has been “ineffectual and lacks a sense of urgency commensurate to the magnitude of the crisis,” Bachelet said. The actions taken by the UN Security Council and by the Association of Southeast Asian Nations (ASEAN) have been insufficient to convince Myanmar’s military to cease its violence and facilitate humanitarian access and aid deliveries. The High Commissioner welcomed some private corporations’ decisions to withdraw based on human rights grounds, as a “powerful tool to apply pressure on the financing of the military’s operations against civilians”.

Bachelet also stressed that the current human rights crisis is “built upon the impunity with which the military leadership perpetrated the shocking campaign of violence resulting in gross human rights violations against the Rohingya communities of Myanmar four years ago – and other ethnic minorities over many decades beforehand.”

“As long as impunity prevails, stability in Myanmar will be a fiction. Accountability of the military remains crucial to any solution going forward – the people overwhelmingly demand this,” Bachelet said.

ENDS

* The UN Human Rights Office will publish a report in March 2022 detailing the human rights situation in the country since the 1 February 2021 coup.

OHCHR | Myanmar: One year into the coup, Bachelet urges governments and businesses to heed voices of the people, intensify pressure on the military

Based on credible sources, the Chin Human Rights Organization has now been able to piece together the chain of command structure of the military hierarchical set up in southern Chin State under the Tactical Operations Command (TOC) based in Matupi. The TOC in Matupi has under its command, Light Infantry Battalion 140, Infantry Battalion 304 and Light Infantry Battalion 274, which is based in Mindat.

CHRO learned that following the embarrassing loss suffered by the military in the battle for Mindat in May, the previous Tactical Operations Commander Col. Thein Htun Aung was demoted after a court martial and deputy commander Lt. Col. Thet Zaw Htet was also court martialed and jailed in Monywa. The shake-up resulted in the appointment of Col. Ye Kyaw as the new Tactical Operations Commander. In the shuffle, Nay Pyi Taw established a new Tactical Operations Command in Mindat with LIB 274, which reports directly to the North Western Regional Military Command in Monwya, as well as the Office of the Commander-in-Chief in Nay Pyi Taw.

Since October 2021, the junta has deployed 100 additional troops to each of all the existing battalions operating in Chin State under the North Western Regional Military Command, with the exception of Paletwa which falls separately under the Western Command in Rakhine State.

To protect and promote human rights and democratic principles