CHRO

Sunday, 09 February 2014

Written by  Rachel Fleming

Rachel Fleming has spent the past four years working as Advocacy Director at the Chin Human Rights Organization (CHRO). She recently visited Paletwa township, her first trip to Chin State. Here, in the first of a series of articles for Chinland Guardian, she writes about the issue of poverty from a human rights perspective.

It is a well-known fact that people in Chin State are officially the poorest in Burma, and by a wide margin. The majority of people in Chin State are subsistence farmers; 73 percent of people in live below the poverty line.  Rakhine State is the next poorest with 44 percent of people living in poverty, according to UN statistics.

Less well-known is the widening disparity between levels of abject poverty in Chin State and the rest of Burma.  25 percent of people in Chin State live below the ‘food poverty’ line, meaning they spend ALL of their income on food. This level of extreme poverty is five times higher than the national average, compared with four times higher the last time statistics were compiled, in 2005.

So why is poverty such a huge problem in Chin State?  

Discrimination as a root cause

Any sound analysis should adopt a human rights approach.  According to the UN Guiding Principles on Extreme Poverty and Human Rights, “Poverty is an urgent human rights concern in itself. Not only is extreme poverty characterized by multiple reinforcing violations of civil, political, economic, social and cultural rights, but persons living in poverty generally experience regular denials of their dignity and equality.”

At the heart of the matter is discrimination. Discrimination and poverty are inextricably linked, as emphasized by the UN Special Rapporteur on racism. The Chin experience many intersecting forms of State-sanctioned discrimination, based on their ethnicity (Chin), religion (predominantly Christian), language (for most Chin, Burmese is their second or third language), and socio-economic status (the poorest in Burma).  

State-sanctioned discrimination manifests itself in a myriad of ways.  Firstly, it is evident in government neglect, as noted by Mr. Quintana, UN Special Rapporteur on the human rights situation in Burma.  Basic road, electricity, and communications infrastructures are still woefully inadequate, leaving Chin State isolated from the rest of country. There are not enough schools or healthcare facilities to meet the basic needs of the population, and they remain chronically understaffed.

Secondly, discrimination is evident in the lack of effective participation in public and economic life for Chin Christians in particular, with very few holding senior government positions in Chin State or elsewhere in Burma.  

Thirdly, over the past two decades State-sanctioned discrimination has manifested as a pattern of pervasive human rights violations perpetrated against the Chin by State actors.  

Pervasive human rights abuses

During my time at CHRO, I have interviewed well over one hundred Chin refugees in different contexts in Malaysia and India.  As a root cause of flight, the pattern of human rights violations at the hands of the military and other State actors is crystal clear to me.  But over the past four years I have also encountered many prejudiced attitudes towards the Chin, from other Burmese. “Oh, the Chin are just poor. They’re not genuine refugees, just economic migrants,” is a remark I have heard all too often.  

It’s true that when I ask a Chin refugee about the main problem they faced in Burma, usually they start by saying they are poor. The head of a household will explain he couldn’t harvest enough rice to feed his family.  When I dig deeper, a disturbing pattern emerges. Land confiscation, reducing the available land for a family to cultivate; portering or other forms of forced labour several times a year, preventing family members from tending to their farm as often as needed to maximize crop yields; and soldiers misappropriating rice, chicken, or livestock at gunpoint, leaving families going hungry.  Typically, a person will reach a tipping point, and decide to flee.  For many I have interviewed, that point came after the third, fourth, or tenth experience of portering or other form of forced labour.  

A 2011 Physicians for Human Rights (PHR) report – based on a quantitative survey of human rights violations experienced by Chin households between 2009 – 2010 – found that almost 92 percent of Chin households surveyed were victims of forced labour within that year.  On average that year, each household was subjected to forced labour three times. PHR concluded that this, and other grave human rights violations perpetrated against the Chin by State actors, amounted to crimes against humanity.

The role of the State

Poverty has been created, perpetuated, and exacerbated by acts and omissions on the part of the State, underpinned by discrimination.

On the one hand, the government is failing Chin people in its obligations to provide basic infrastructure and services to ensure that Chin can enjoy their rights to an adequate standard of living, adequate food and nutrition, water and sanitation, education, and the highest attainable standard of physical and mental health.  Such failure – rooted in State-sanctioned discrimination – has both created and perpetuated abject poverty.  

On the other hand, in the case of Burma and Chin State in particular, pervasive human rights abuses committed by State actors – particularly forced labour and land confiscation – have seriously undermined Chin livelihoods over the past two decades, and undoubtedly exacerbated levels of extreme poverty.

Thankfully, the overall prevalence of human rights abuses committed by the military and documented by CHRO since President Thein Sein’s government took power in 2011 has declined.  However, CHRO continues to document serious violations, including land confiscation without adequate compensation, and violations of freedom of religion or belief.  As long as such abuses are ongoing, the cycle of poverty and discrimination will continue. At the same time, communities are still dealing with the long-term economic, social, cultural, and health consequences of pervasive past violations, with no access to justice or forms of redress available to them at present.  

Ending poverty in Chin State

Solutions for tackling poverty in Chin State must be rooted within the human rights framework.  It goes without saying that human rights abuses must stop; but this will only happen if positive steps are taken to end recurrence. These include wide-ranging measures to end all forms of discrimination against the Chin. Accountability for past violations is also a highly effective deterrent; but at present impunity remains deeply entrenched in Burma. It is for the Chin people themselves to debate and potentially pursue different elements of transitional justice, with support from organizations like CHRO. These could include the restitution of land confiscated by the military and other reparations for the harms suffered.

Massive investment in basic infrastructure and services is urgently required in Chin State. But any strategy or development programme aimed at poverty reduction in Chin State – be it led by government, international donors, UN agencies, INGOs, NGOs, or civil society organizations – must be implemented in accordance with the UN Guiding Principles on Extreme Poverty and Human Rights. These include: effective and meaningful participation; equality and non-discrimination; and transparency and accountability.

Only with the full enjoyment of their basic human rights, including the right to effective participation in public life – plus access to justice for past violations – will the Chin have a chance to break the vicious cycle of poverty and discrimination and determine a brighter future for themselves.

http://www.chinlandguardian.com/index.php/commentary-opinion/item/2103-poverty-a-pressing-human-rights-issue-for-the-chin

Karen News, John Arterbury, February 4, 2014

A report by a human rights groups claims Chin Christians are facing state discrimination and being denied their religious freedom.

Ethnic Chin Christians in Burma’s impoverished Chin State continue to face religious discrimination from Buddhist government authorities, according to a report released by a prominent Chin human rights organization.

Chin Human Rights Organization country coordinator Salai Bawi Pi said that Buddhist-driven government policies continue to hinder Christian religious practices and disproportionately favor Buddhist projects in the majority Christian state.

“Chin pastors, missionaries, and Christian families still face various forms of persecution and discrimination, including eviction from villages, bans on holding worship services, and assaults,” Salai Bawi Pi said.

The CHRO report documents 13 instances of religiously related abuse in 2013, including a threat made by government officials to torch a Christian village if its residents did not cease their religious services. Other incidents documented in the report include forced cancellations of religious services and the holding of mandatory government meetings – including one with President Thein Sein – during religiously sanctioned days of rest.

Senior legislative counsel for Physicians for Human Rights, Andrea Gittleman, said a “culture of impunity” allows officials to pursue religiously discriminatory policies.

“As a general matter, Burma’s democratic progress has not yet reached religious minorities, many of whom live in the peripheries of the country,” she said. “Burma remains saddled with a legal and political system that fosters discrimination, and the country’s initial progress toward democracy has not yet addressed this important underlying problem.”

The CHRO report also highlights persistent funding disparities between fully financed Buddhist-centric schools, known as Na Ta La, which are backed by the Ministry of Religious Affairs, and other public schools that “are left chronically underfunded.”

“State resources are used to promote Buddhism, for instance, in Na Ta La schools, where Chin children are coerced to convert to Buddhism,” Salai Bawi Pi said. “Peace only be achieved if the rights of ethnic and religion minorities are respected and protected under the law.”

East Asia team leader for Christian Solidarity Worldwide, Benedict Rogers, echoed the report’s findings and said that Burma’s transition toward democracy has resulted in “no significant change” for the country’s Christian minority.

“The government should end policies of discrimination against non-Buddhists in public service,” he said, “(and) end policies of restriction and discrimination, such as the destruction of crosses, holding meetings on minorities’ religious days, abolish the Na Ta La schools as documented by CHRO, and abolish the Ministry of Religious Affairs and replace it with a new, independent body to promote equal rights and counter racism, religious hatred, and discrimination.”

CSW is signatory to a January 27 statement by the European Burma Network endorsing several of CHRO’s demands for ending discrimination against the country’s religious minorities.

Ms Gittleman also stressed the importance of the international community’s role in combating reports of discrimination in Burma.

“Burmese leaders crave legitimacy on the world stage. Those in the international community have an opportunity to expose the ongoing abuses against Burma’s ethnic minorities and press the government to properly address violence and discrimination,” she said. “Specifically, members of the United Nations Human Rights Council should renew the mandate of the special rapporteur on the situation of human rights in Myanmar, a mandate that is up for renewal in March, in order to continue documenting and analyzing human rights violations in the country.”

The CHRO report recommends several changes to address practices it sees as discriminatory, including the abolition of the Na Ta La, greater redress provisions for victims of discrimination, and further guarantees for the freedom of religion. The report also calls on the international community to raise the issue of religious discrimination with the Burma government and to support an interfaith forum to foster dialogue on religious liberties in the northwestern state.

“Freedom of religion or belief is a fundamental human rights,” Salai Bawi Pi said. “We urge the government to take real, tangible process on protecting that right in 2014.”

http://karennews.org/2014/02/chin-human-rights-group-condemns-religious-discrimination.html/

By Bill O’Toole | Myanmar Times | Friday, 24 January 2014

Discrimination against the Chin ethnic group remained prevalent nationwide last year, the Chin Human Rights Organization said in its annual report.

An ethnic Chin man smokes a pipe in Chin State. (Wa Lone/The Myanmar Times)An ethnic Chin man smokes a pipe in Chin State. (Wa Lone/The Myanmar Times)

The organisation’s research found Chin pastors, missionaries and Christian families still face various forms of persecution and discrimination, including eviction from their villages, bans on holding worship services and assaults, said spokesperson Salai Bawi Thang.

“At the moment, it is very difficult to say it is getting better as new incidents where Christians are discriminated or physically attacked based on religion still happen,” he said.

The report documents a wide variety of what it calls “religious-based persecution” in 2013. Incidents range from the relatively subtle, such as local governments forcing employees to work through traditional Christian holidays, to more overt acts, such as denying Christian groups access to land and funding from the state.

In both the report and an interview with The Myanmar Times, CHRO singled out the Na Ta La school system as a direct attack on Chin culture.

The Na Ta La system, which is an acronym that roughly translates to “Border Areas National Races Youth Development Training Schools”, is touted by the government as a means of educating children in the poorest local communities.

However, CHRO, as well as many other human rights observers, describe the schools as a covert means of promoting Buddhism and pro-Bamar ideology among minority children, especially Chin children. “There are almost 800 Chin Na Ta La students in Chin State alone … Across Burma, there are 29 Na Ta La schools and one-third of Na Ta La students are Chin. The number clearly indicates that Chin children are specifically targeted for recruitment to the schools,” the report said.

While the report mainly focused on religious issues, Salai Bawi Thang said the lack of religious freedom has had much broader consequences for the Chin people.

“Discrimination against Chin Christians based on religion has serious impacts on economic and political rights as well,” he said, “including widespread forced portering, forced labour and land confiscation – and the result of over 60 years of the neglect have directly contributed to poverty in Chin State.”

The spokesman also pointed out that while Chin Christians account for about 90 percent of Chin State’s population, only about 14pc of department heads at the state level are Christian, and only 25pc at township level.

“Community-based organisations and churches are led by Chin leaders and pastors. However, discrimination against Chin Christians to get promoted to higher positions in the military, state government structures and administrative procedures still exists,” he said.

“We urge the government to put an immediate and unconditional end to discrimination and violation based on religion and ethnicity, and to make real, tangible progress on protecting that right in 2014.”

The Chin State Chief Minister’s Office could not be reached for comment.

http://www.mmtimes.com/index.php/national-news/9347-chin-rights-group-issues-damning-report.html

Activists want authorities to address dislocation, pollution concerns

By Venus Upadhayaya, Epoch Times | January 17, 2014

BANGALORE, India – Activists and environmentalists are concerned that the 242-mile-long Kaladan transit project linking India’s northeast to Burma is being built without input from the people who live along its length.

The project involves new roads and 99 miles of waterways that must cut through a thick cover of vegetation, including a wildlife sanctuary in India’s Mizoram State, and through the Kaladan River Basin in the Chin and Arakan states of Burma. Expected to be completed by 2015, India is footing the bill for the multimillion-dollar project, part of its Look East Policy, which aims to increase India’s influence in Southeast Asia.

Activists say the world’s largest democracy is dragging its feet when it comes to conducting a transparent environmental impact assessment. They want authorities to consult with the tribal indigenous peoples who live along the transportation route who fear the loss of their ancestral rights to the land and the river, and fear an increase in pollution.

The project is of great strategic and economic importance for both India and Burma (also known as Myanmar). Activists see it as an opportunity for both countries to showcase their commitment to democratic practices.

Asserting Rights
Already, significant work has been completed on the dredging and construction of one deep-sea port in Burma. Construction on another port is still in its early stages, and the highway between the Burmese port and the Indian border has not been started, according to Sam Cartmell, project manager at the Chin Human Rights Organization. He added that consultation with the people needs to happen before the work continues.

The nonprofit Kaladan Movement concluded that many local people don’t know they have the right to organize in response to the Kaladan Project, nor do they know how to respond due to a lack of information, fear, and a civil administration still influenced by decades of military rule.

Mizoram, on the eastern border of India, is composed of a variety of ethnic tribes that are among the most literate and urbanized in the country. The Chin region consists of various Chin tribes and a high poverty rate, whereas Arakan State is dominated by the largely-Buddhist Rakhines.

Activists working in the Burmese region of the project suggest that the negative impacts of the project are already visible. “Early phases of construction have led to … land confiscation without compensation, labor discrimination, and a lack of public consultation. People living along the project route are very concerned that there will be further unwanted impacts once the Kaladan Project is in operation,” said Cartmell.

He said the rights of indigenous people living in Chin and Arakan states are not in question. They “have inherent rights to full participation in all development decisions relating to the territory where they live.”

“The decisions about whether [and how] to proceed with the Kaladan Project must be made by people living in the project area, and by elected representatives at the state-level government, not simply dictated by a ministry in Naypyidaw (Burmese capital),” Cartmell said.

Accountability
Ko Tin Oo, coordinator of Arakan Rivers Network, said that it’s very unclear who would be held responsible for the human rights violations and ecological degradation that is likely to happen if the project is implemented without assessment and consultations.

Indian law states that an environmental impact assessment is necessary, yet the Indian government said the responsibility of conducting one is Burma’s. “Why shouldn’t India follow its own laws as a minimum standard when investing in another country?” asked Tin Oo.

At the same time, the Indian government has been severely criticized within India for similar issues related to many of its infrastructure and mining projects. Many mining projects in central and east India, and hydroelectric projects in the central Indian and Himalayan regions, have reportedly led to large-scale displacements of people. Reports allege that compensation and rehabilitation packages have not been delivered as promised.

According to Tin Oo, Burmese government representatives had earlier promised that a proper environmental impact assessment would be done. “In 2012, Burma’s Minister for Transport U Nyan Tun Aung and presidential adviser U Ko Ko Hlaing both made public statements promising that proper assessments would be conducted for the Kaladan Project. The Kaladan Movement calls on these government representatives to honor their promises,” Tin Oo said.

Cartmell said in his view a fully participatory and transparent environmental impact assessment should be done fast. “The Kaladan Project should follow global best practices for environmental impact assessment,” he said.

“As the financing for the Kaladan Project is classified as ‘development assistance’ to Burma—and is coming from the Indian government’s Development Partnership Administration (a department of the Ministry of External Affairs)—all steps should be taken to ensure that the project actually benefits the local people, and doesn’t negatively impact their livelihoods and environment,” he added.

http://www.theepochtimes.com/n3/454299-india-burma-transit-route-impact-feared-by-tribespeople/?photo=4

sittwe-port myanmar x589

sittwe-port myanmar x589Written by Nava Thakuria 
MONDAY, 22 JULY 2013

Port, river project gives India’s eastern states access to the sea

By 2015, a US$214 million port project at the town of Sittwe, at the mouth of the Kaladan River on the Myanmar side of the Bay of Bengal, is expected to provide the 60 million people of landlocked far eastern India vital access to commerce by sea.

Sittwe, population 180,000, is the capital of the troubled Arakan Province, the scene of Buddhist-Rohingya violence earlier this year. The seven states of eastern India are only accessible to the rest of the country via the Siliguri Corridor, nicknamed the Siliguri chicken’s neck, a narrow strip wedged between China, Bangladesh, Nepal and Bhutan. Routing cargo through the corridor causes delays and raises costs. Despite long-running negotiations for sea transit access, Bangladesh has never agreed to allow Indian ships access.

In addition to gaining access to the sea, as much as anything the Kaladan River Project, a network of riverine transport and roadways projected to cost a total of US$500 million, is a strategic gift to the leaders of Myanmar to attempt to counter Chinese influence. The project was conceived by New Delhi 10 years ago and formalized in 2008 under its Look East Policy, primarily to develop trade with Myanmar and other southeastern nations.

Although the project is a bilateral initiative between New Delhi and Naypyidaw, the Indian government is financing the entire development. The former military government committed the required land and security for the project, but showed reluctance in investing money. Hence New Delhi offered a US$120 million interest-free line of credit to the then-military regime.

Political observers believe that New Delhi was compelled to invest in the project, India’s largest development initiative in Myanmar, to woo the Naypyidaw administration, which is being transformed from a military junta into a quasi-democratic government. For decades, China has been Myanmar’s closest political and trading partner, although investment has dropped sharply as the country’s civilian leadership has opened to the west and sanctions have been dropped. Environmental protest has stopped two major projects, a US$3.7 billion hydropower dam on the Irrawaddy River and a copper-mine project that has been suspended at least temporarily.

The Kaladan River actually originates in central Mizoram, where it is known as the Chhimtuipui. Then it enters Myanmar and crosses the two largely undeveloped and poverty-stricken Burmese provinces, Arakan and Chin, to culminate in the Bay of Bengal.

Once the project becomes operational, seagoing cargo ships will arrive at the Sittwe port, and then the goods will be transported up the Kaladan to the Myanmarese town of Paletwa 190 km to the north, where they will be transported via a roadway which will enter India through the Lomasu trade point on the southern border of Mizoram.

The trade route is expected to enhance India’s economic linkages with other Southeast Asian countries and to expand Indian economic and political influence in Southeast and East Asia.

According to the Indian Union ministry responsible for the development of northeastern region (DoNER), the Kaladan project has been implemented by agencies including the Indian Inland Waterways Authority under the foreign ministry for the portion inside Myanmar and the Mizoram Public Works Department under the Department of Road Transport and Highways for the portion inside Mizoram.

Following completion, the infrastructure is to be handed over to the Myanmar authority. “The objective of the proposal is to provide an access route to the land-locked Northeastern region of India. The project is significant in view of severe pressure on the Siliguri corridor and Bangladesh’s continued intransigence in providing us transit rights through its territory to the Northeast,” stated the DoNER ministry.

The 180 km inland waterway transport system for cargo ships, with a terminal in Paletwa, is expected to be completed by June 2014. Construction of the two-lane highway from Paletwa to the India border point Lomasu — through mountainous, heavily jungled terrain is also going on although its status hasn’t been revealed by the Myanmarese authorities and hence it is not known when the highway will be completed.

However the Indian part of the two-lane highway has witnessed visible progress in construction. Once completed the 100 km stretch (from Lomasu to Lawngtlai in Mizoram) will connect to Indian National Highway No. 54. This part of the project is estimated to be completed by early next year.

There are problems. Indian and Burmese human rights and environmental organizations have challenged the project, alleging that it could have serious social and environmental implications for thousands of residents in both countries. Activists under the banner of the Kaladan Movement, an alliance of civil-society organizations concerned about human rights and the social, economic and environmental impacts, say officials have not disclosed enough information, keeping the indigenous people in dark about its environmental risks.

“We urge the governments of Burma and India to ensure that the Kaladan project is developed with full local public consultation and participation with an aim to ensure that the benefits of the project go to the least advantaged members of the local communities,” stated a report by the Kaladan Movement, whose three core members are the Arakan Rivers Network, the Chin Human Rights Organization and the Zo Indigenous Forum.

“So far we haven’t seen any report about the environmental, social and health impact assessments on the project,” asserted Twan Zaw, arguing that once completed the project could facilitate a major illegal route for wildlife trade across the border. He also claimed that the project could disrupt the livelihoods of thousands of indigenous families because of land confiscation and forced evictions.

Salai Za Uk Ling, program director of the Chin Human Rights Organization, said that “unless and until the essential elements of full transparency, public consultation and participation, and accountability are met, the Kaladan project should be suspended.”

He raised concerns that increased military activity may create more forced labor to complete the project. The Burmese Army, he said, has a long history of forcing villagers to build roads and even work in government farmlands without remuneration.

The Chin rights activist argued that “the benefits of the project should go to the least advantaged communities, but how can they benefit from the project if they know next to nothing about it, or how it might affect them?”

On the other hand, the Mizoram based Zo Indigenous Forum argued that nearly 1.2 million people living in the project areas want it to be a sustainable development which brings local economic benefits without destroying the ecological balance.

Talking to Asia Sentinel from Aizwal, C. Lalremruata, director of the Zo Indigenous Forum, insisted that the indigenous people of both the countries should be involved in all decision-making regarding their ancestral lands with fair compensation packages. He also added that the principle of free, prior and informed consent must be the foundation of this kind of infrastructure development project.

Thursday 11, July 2013

Bill O’Toole

Myanmar Times

On the eve of U Thein Sein’s presidential visit to Europe, The EU Parliament in Brussels, Belgium held a public hearing this week on the ongoing human rights abuses in Chin State.

“What we really hope is that the European Parliament…will raise these questions with Thein Sein in the coming weeks” said Ms. Rachel Fleming, advocacy director for the Chin Human Rights Organization in Chiang Mai.

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