A/HRC/25/NGO/X

United Nations

General AssemblyDistr.: GeneralXX February 2014
English only

Human Rights Council
Twenty-fifth session
Agenda item 4
Human rights situations that require the Council’s attention

Written statement* submitted by Human Rights Now, a nongovernmental organization in special consultative status
The Secretary-General has received the following written statement which is circulated inaccordance with Economic and Social Council resolution 1996/31.
[18 February 2014]*This written statement is issued, unedited, in the language(s) received from the submitting nongovernmental organization(s).
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Human Rights Situation in Myanmar
1. Human Rights Now (HRN) 1 welcomes the improvement of human rights situation in Myanmar after the long
military regime in Myanmar officially ended in 2011. However, issues and concerns regarding human rights violations
continued to be reported. HRN is especially concerned over the situation surrounding of ethnic violence and press
freedom. It also concerns that the foreign investments and development projects cause negative impact of human rights
situation of local people.
2. The first imprisonment of a reporter since the lifting of media restrictions in 2012 has raised questions about press
and media law and censorship issue in Myanmar. On November 2013, three-month prison term was given to Yangonbased Eleven Media journalist Naw Khine Khine Aye Cho, also known as Ma Khine, based on charges of defamation,
trespass and use of abusive language. 2International press organizations have argued that the charges are unjustified and too harsh. 3 For example,Reporters Without Borders issued a statement that urged the court “to reexamine the facts of this case when it comes up
for appeal and to reach a decision that respects the rights of journalists.”4 Ma Khine is believed to be the first journalist
sentenced to prison under censorship laws since President Sein began his administration.5
In January 2014, four journalists and the CEO of Yangon-based Unity Journal were detained by police after thenewspaper reported the existence of an alleged chemical weapons factory in the Magwe Division.6 The journalists werecharged with publishing state secrets and have been denied bail.
3. On December 2013, the government freed numbers of political prisoners and promised to drop charges for activist
facing trials.7 However, the Myanmar government has failed to uphold its promise to release all political prisoners by
the end of 2013. Also, activists still claims that Myanmar authorities continue to prosecute dissidents.8 Bo Kyi, founderand joint-secretary of the Assistance Association for Political Prisoners (AAPP) has indicated that the Committee for
Scrutinizing Remaining Political Prisoners will continue work through 2014, despite government claims that allpolitical prisoners were released by December 31 of last year.9AAPP records show at least 33 political prisoners remain in prison with around 148 awaiting sentencing. It also
report that January 2014 saw the arrest of 10 individuals, 9 of which were charged under Section 18 of the Peaceful
Procession and Peaceful Assembly law, the other under section 447 of the Trespass Law. 104. One of the most serious human rights concerns is the situation in Rakhine State. It was reported that ethnic Violence
intensified in the first month of 2014 and primarily occurred in Du Chee Yar Tan village in Maungdaw, Rakhine1Human Rights Now (HRN) is Tokyo-based international human rights NGO
The Irrawaddy, December 23, 2013: http://www.irrawaddy.org/burma/prison-term-reporter-leads-outcry-mediafreedom.html
3Id.
4
Eleven Media, December 25, 2013: http://elevenmyanmar.com/national/4554-rsf-outraged-by-imprisonment-ofeleven-media-reporter
5
The Irrawaddy, January 7, 2014: http://www.irrawaddy.org/burma/burmese-journalists-protest-ma-khines-jailsentence.html
6
The Irrawaddy, February 2, 2014: http://www.irrawaddy.org/burma/journalists-detained-reporting-alleged-burmesechemical-weapons-factory.html
7The Irrawaddy, December 31, 2013, http://www.irrawaddy.org/burma/burma-pardons-political-offenders.html
8News 24, December 11, 2013, http://www.news24.com/World/News/Myanmar-frees-44-political-prisoners20131211
9
DVB, January 14, 2014: https://www.dvb.no/news/36058-not-finished-yet-political-prisoners-burmamyanmar/36058
10
http://www.aappb.org/22

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State. Some media reported that violence against Rohingya Muslims has continued more than two weeks since it
started on January 9, and in the course of violence, security force was involved in killing of Rohingya Muslims.1112
On 17th January, The UN Special Rapporteur Mr.Quintana, urged the Myanmar government to investigate thereported violent clashes between security forces and Rohingya residents.13
In response, the Myanmar government denied that these deaths and blamed the Rohyinga for instigating theviolence. 14 Further, the government strongly criticized media organizations for their coverage of the alleged massacre.
On January 24, the Myanmar Foreign Affairs Ministry warned that any international aid organization or media groupthat releases information that is not verified by government officials would be considered to be interfering in
Myanmar’s internal affairs.15
Proper investigation has not yet been conducted by the government. The routs cause of the ethnic violence has
not been properly addressed.
5. Ongoing foreign investment projects have accelerated violations of human rights under the name of “development”.
Myitsone dam project, which was slated to provide most of its electricity to China, had provoked massive public outcry
over the widespread flooding and deforestation the dam would cause, as well as the displacement of 10,000 ethnic
Kachin villagers. 16 More than 300 households from Tanphye, Padan and Myitsone villages were relocated for theproject, and villagers have not been allowed to return during the suspension.17 Relocated residents have complained thatcompensation they’ve received is too low and the land they have been allocated is not suitable for planting crops andrearing livestock, hurting their livelihoods. 18
Likewise, Thilawa Special Economic Zone Project which is sponsored by the Japanese government and JICA isalso causing serious violation of human rights to local communities. There are people who are already suffering fromlack of livelihood after moving to the relocation site in Myaing Thar Yar without appropriate compensation measures.
Villagers have raised several concerns with respect to this situation including, (i) signing of compensation agreements
under duress, (ii) uncertain understanding about the relocation and compensation, (iii) even after signing, noconsideration of the transition period from the old livelihood to the alternative one, and (iv) no insurance for theaffected villagers to improve or restore the stable livelihood. 19 Villagers also raised complains that this situation clearlyshows the violation of several provisions of the JICA’s Guidelines for Environmental and Social Consideration such as“Host countries must make efforts to enable people affected by projects to improve their standard of living, income
opportunities, and production levels, or at least to restore these to pre-project levels.”20
6. In many regions of Myanmar, concerns about land seizures are in need of serious investigation. Farmers from Pyin
Oo Lwin township, Mandalay region, have begun clearing confiscated fields that they say should have been returned

11

Human Rights Watch, January 23, 2014: http://www.hrw.org/news/2014/01/23/burma-investigate-new-killingsrohingya
12
The Irrawaddy January 17, 2014: http://www.irrawaddy.org/burma/buddhist-mob-police-raid-rohingya-villagemany-left-dead-rights-group.html
13
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14178&LangID=E
14
Eleven Myanmar, January 30, 2014:
http://www.elevenmyanmar.com/index.php?option=com_content&view=article&id=4904:fire-in-du-char-yar-tanvillage-planned-in-advance&catid=32:politics&Itemid=354
15
The Irrawaddy, January 28, 2014: http://www.irrawaddy.org/burma/govt-rejects-call-intl-investigation-allegedrohingya-killings.html
16Strategy World, December 24, 2013:
http://www.strategypage.com/qnd/myanmar/articles/20131224.aspx.
17
Id.
18
Id.
19
A letter from the Thilawa Social Development Group (or the group consisted of the villagers affected by theThilawa SEZ project) to JICA, dated on October 29, 201320
JICA guidelines for environmental and social considerations
http://www.jica.go.jp/english/our_work/social_environmental/guideline/pdf/guideline100326.pdf

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when the military project for which they were taken ceased to be implemented. 21 Farmers say they were not paidcompensation for the project and they are now risking legal repercussions by their attempts to take the fields back. 22
This comes following their unsuccessful requests to return the land,23 based on a provision in the Farmland Law ofMarch 2012 that requires confiscated land to be returned to the original owners should the project be completed or failto be implemented.24
Moreover, farmers near the Letpadaung copper mine are claiming that more land has been confiscated for thecontroversial mine project. The mining project also resulted in a seizure of over 300 acres of land in Monywa, Saigang
region.25 In addition to the mine itself, there is concern that a sulfuric acid plant that supports purification of the copperfrom the mine is responsible for local illnesses. 26 According to a study conducted by an environmental conservationgroup, soil samples taken from nearby Kan Kone village, where residents have complained of air pollution and suspect
the plant is responsible for 31 deaths during 2013, revealed unhealthy levels of sulfate. 27
Few activists and protestors who involved in protest against the Letpadaung mine were arrested. Among theactivists, Myint Myint Aye was jailed earlier in 2013 for her involvement in a land grab dispute, was released on
December 24, 2013, along with two other activists.28

7. Considering that the human rights situation in Myanmar is still serious, the Human Rights Council should continue
its mandate over the human rights situation in Myanmar. Although restrictions on the press have loosened since 2011,
Myanmar’s citizens continue to struggle against instances of media censorship. Also, political prisoners should bereleased as the government promised, and violence against ethnic and religious minorities cannot be tolerated andinvestigations for alleged cases have to be conducted.
HRN also emphasizes that human rights violations in the context of development must be addressed and urges
appropriate remedy and reparation to be provided for local people who are affected to the ongoing development project.
All the ongoing and potential investors as well as states concern are obliged to respect and protect the human rights of
the local populations.
HRN call on the Myanmar government, as well as all development partners to establish an effective safeguard
guidelines and policies for local residents to not be victimized by investment and development projects and investment,
especially large-scale development projects involving natural resource extraction such as natural gas, oil, mines, andinfrastructure construction projects.

21

Myanmar Times, December 8, 2013: http://www.mmtimes.com/index.php/national-news/8975-farmers-reclaimland-confiscated-by-military.html
22Id.
23
Id.
24
Myanmar Times, December 8, 2013: http://www.mmtimes.com/index.php/national-news/8975-farmers-reclaimland-confiscated-by-military.html
25
Democratic Voice of Burma, December 13, 2013: https://www.dvb.no/dvb-video/more-land-fenced-off-atlatpadaung-locals-devastated-burma-myanmar/35247
26
Mizzima, December 10, 2013: http://www.mizzima.com/mizzima-news/environment/item/10721-health-surveyplanned-at-village-near-copper-mine-acid-plant; The Irrawaddy, December 12, 2013:
http://www.irrawaddy.org/burma/near-letpadaung-factory-pollution-raises-health-fears.html
27
Id.
28
Democratic Voice of Burma, December 24, 2013: https://www.dvb.no/news/hunger-strikers-released-from-prisonburma-myanmar/35515

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