GJC Weekly News Roundup

 Wednesday, Turkey detained eleven human rights defenders near Istanbul. The activists were attending a workshop on protecting the work of human rights groups when Turkish police arrested them on the baseless suspicion of belonging to an “armed terrorist organization,” and they are still in custody. Two are leaders of Amnesty International Turkey.

Friday, the Financial Times explored Brexit’s impact on women. The British government drew attention last month because of the lack of women on their negotiating team (two of the twelve negotiators at the initial meeting were women), but concerns extend beyond that. Laws on women’s rights might change with Brexit, particularly if Britain is no longer under the jurisdiction of the European Court of Justice. This could remove decades of progressive decisions on issues including equal pay, pregnancy discrimination, and sex discrimination laws.

Saturday, in an article about the Afghan province Ghor, The New York Times described what happens when the law provides no protection for women. Ghor’s weak rule of law and their marriage customs leave women vulnerable. There have been 118 registered cases of violence against women in the past year—with many more going unreported—and zero suspects in these 118 cases have been arrested. Extreme stories of women being abducted, shot, stoned to death and more have emerged from the province in recent years. Law officials say they have to balance justice with security when sharing borders with violent, Taliban-occupied territories.

Monday, Oregon’s legislature passed one of the most progressive pieces of reproductive rights legislation in the country. The Reproductive Health Equity Act requires health insurance to cover, at no cost to patients, a number of reproductive health services such as abortion, contraception and prenatal and postnatal care. Religious employers can opt out of covering abortion and contraception. It also reaffirms Oregon citizens’ rights to an abortion, protecting them from possible changes in federal law. The bill will now go to Governor Kate Brown, a Democrat who is supportive of reproductive rights.

Tuesday, in retaliation against the United States’ Global Gag Rule, Sweden’s development agency announced it will no longer give funding for sexual and reproductive health services to organizations that follow the Gag Rule. Sweden is also allocating new funds to organizations that agree to not follow the Gag Rule.

Wednesday, Buddhists protested the arrival of a UN human rights envoy to Myanmar. The envoy is on an information-gathering trip in the Rakhine state to investigate security forces’ human rights abuses against the Muslim Rohingya minority. The protestors said Yanghee Lee, who is leading the envoy, is too “one-sided.” Earlier this summer, Lee recommended a special UN mission to investigate the problems in Rakhine, which the Human Rights Council approved; however, Myanmar wouldn’t allow the mission members to enter the country.

Wednesday, U.S. Education Secretary Betsy DeVos is re-examining the college sexual assault policies instituted under Title IX during the Obama administration. She is meeting with victims of sexual assault, men accused of assault, and higher education officials. Obama’s policies sparked a backlash from some who believed the policies and investigations went too far in ignoring the rights of the accused.

GJC at the CEDAW Session in Geneva, Switzerland

Status of women’s rights in Myanmar to be reviewed at the UN

In July 2016, GJC staff member Michello Onello and Ma Sabe Phyu, Director of Gender Equality Network, published an article in Mizzima titled, "Status of women’s rights in Myanmar to be reviewed at the UN," on the Myanmar's CEDAW Review taking place in Geneva.

Click here to read the article in Mizzima.

Global Justice Center and Gender Equality Network Call on the Government of Myanmar to Fulfill Its Obligations to End Discrimination against Women

FOR IMMEDIATE RELEASE—July 1, 2016

[GENEVA] –  On July 7th, Myanmar’s implementation of its obligations to ensure gender equality will be reviewed by the UN’s Committee on the Elimination of Discrimination against Women (CEDAW Committee). Myanmar ratified the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) in 1997, but this will be the first international women’s rights review of the country since the elections that brought Daw Aung San Suu Kyi’s National League for Democracy (NLD) to power.

Myanmar and the Road to Lasting Peace Round Table Discussion

On February 11th, 2016, the Global Justice Center hosted a round table on Myanmar and the Road to Lasting Peace, featuring two Human Rights defenders from Myanmar, Naw Zipporah Sein and Ying Lao, and Policy Advisor at US Campaign for Burma, Myra Dahgaypaw. At the round table, moderated by the Global Justice Center’s Senior Burma Researcher Phyu Phyu Sann, participants discussed the impact and shortcomings of last year’s cease-fire and election, as well as their hopes for continued international participation in the peace process.

In November 2015, Aung San Suu Kyi’s National League for Democracy (NLD) won an enormous victory in Myanmar’s national election, ending almost half a century of military control of the government. Despite this promising democratic election, Myanmar’s military continues to play an outsized role in governance as the country’s constitution guarantees the military at least 25% of the seats in parliament and the constitution cannot be amended without army approval. The month before the election, the military government and eight of the armed ethnic groups signed a cease-fire after almost two years of negotiations. Although the international community has heralded the cease-fire as a victory for peace in Myanmar, the round table participants noted that fighting continues in many areas of the country, especially in the Shan state and other regions with large ethnic minority populations.  One participant testified that fighting actually increased in many of these areas after the cease-fire was signed, even on the day of the national election. She urged that the international community work to include all ethnic groups in cease-fire agreements. The current cease-fire was signed by only eight ethnic armed organizations—seven other groups refused to sign, and another six were prevented from signing by the government.

In the 2015 election, Myanmar’s ethnic groups voted overwhelmingly for Suu Kyi’s NLD party, but a round table participant remarked that they are still waiting to see whether or not the new government has the power to effect change while the military retains so much political and economic power. The NLD government continues to face entrenched challenges, but the people of Myanmar made it clear in the election that they want to see change.  Round table participants stressed that armed conflict and human rights abuses are continuing to take place in their country, and they urged the international community to continue to press for a lasting and fair peace in Myanmar that includes all ethnic groups.

Indict Myanmar’s General Ko Ko

A war criminal accused of ordering attacks on civilians, murder, enslavement, execution without trial, sexual violence, pillage and torture is scheduled to testify about Myanmar’s human rights record at the UN Friday, Nov. 6th.

With overwhelming evidence of his crimes exposed in a Harvard Law School report, General Ko Ko should be arrested when he reaches Geneva. Instead, as Myanmar’s chosen representative on its human rights record, he will be granted complete immunity by the UN itself.

Despite his immunity, the Global Justice Center (GJC), in partnership with Justice Trust, developed a model indictment for General Ko Ko that will be served on Friday in Geneva. GJC is calling for Ko Ko’s arrest and prosecution, under universal jurisdiction and through the ICC, so there can be justice for thousands of Myanmar’s citizens.

“Victims of heinous military crimes, including ethnic women and girls, are entitled to justice in their lifetimes,” said GJC President Janet Benshoof.

Local efforts to hold Ko Ko accountable have been stonewalled, and advocates for justice retaliated against. Undeterred, a coalition of more than 500 civil society groups in Myanmar, supported by international human rights organizations, are urging the international community to take steps to hold Ko Ko criminally accountable for past and ongoing crimes.

You can read more about General Ko Ko’s crimes here and more about the indictment here.

Tweet #arrestkoko & support the people of Myanmar in bringing a war criminal to justice.

Myanmar's Long Road to Gender Equality: Issues for Myanmar's November 2015 UPR

Myanmar’s upcoming Universal Periodic Review (“UPR”) provides an ideal venue to question the Government of Myanmar (“Government”) regarding its failure to ensure substantive equality for women as required by the Universal Declaration of Human Rights, the UN Charter, and international treaties including CEDAW. Since 2011, Myanmar’s “democratization” has neither improved women’s status nor dismantled structural barriers preventing women’s equality.

Myanmar’s failure to ensure women’s rights arises from entrenched legacies of inequality that impede genuine reform in all aspects of law. Specifically, ongoing supremacy of the military, gender inequality embedded in the Constitution and other laws, and the lack of adequate justice mechanisms including an independent judiciary serve as structural barriers to equality. No Government reforms have addressed these issues. As a result, women in Myanmar face (1) gender discrimination embedded in law; (2) barriers to access to justice; and (3) exclusion from participation in public and political life.

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New Report Exposes Critical Gaps in Burma’s National Gender Equality Plan

FOR IMMEDIATE RELEASE - October 15, 2015
 

[NEW YORK, NY] – Women will never enjoy equal rights in Burma without dismantling structural barriers to gender equality, such as limitations in the 2008 Constitution, an antiquated legal system, and the ongoing legacy of a male-dominated military leadership, according to a report released today by the Global Justice Center and the Leitner Center for International Law and Justice at Fordham Law School. The report, Promises Not Progress: Burma’s National Plan for Women Falls Short of Gender Equality and CEDAW, concludes that Burma’s national gender policy fails to acknowledge or address these structural barriers or to fulfill Burma’s international obligations to ensure substantive gender equality and faults the Government of Burma for failing to follow through on the promises it has made to advance women’s rights. The report is released in advance of Burma’s Universal Periodic Review in November, where the international community can support the fight for gender equality in Burma by exposing the lack of commitment and failures of the Government.

GJC President Janet Benshoof Question Burma’s Minister of Foreign Affairs

Below you can read the question that Janet asked Wunna Maung Lwin, the Minister of Foreign Affairs of Myanmar, about accountability for human rights abuser General Ko Ko at the Council on Foreign Relations. 

Janet Benshoof:
Thank you very much, my name is Janet Benshoof, Global Justice Center. After a 4 year on the ground investigation, Harvard Law School Lawyers concluded, using the standards of the International Criminal Court that Myanmar’s Major General Ko Ko has committed war crimes and crimes against humanity against the Karen ethnic group. I have a two-part question:
First, could you explain, given that Myanmar has been in armed conflict for 60 years if there have been any prosecutions of military commanders for international crimes: war crimes, crimes against humanity or genocide. And second, could you explain the government process by which 6 months after the Harvard report, the government selected General Ko Ko to present and defend Myanmar’s human rights record before the Human Rights Council next month. Thank you very much.


Response by Wunna Maung Lwin, Minister of Foreign Affair of Myanmar
To answer your first question, there is no Myanmar General prosecuted or facing any kind of trial in the International Criminal Court or any other court because some of the allegations were unfounded and untrue. Because whenever there is a military operations or whenever there is an insurgency problem, every country has to defend their people, especially the innocent people who were hampered their livelihood by those insurgent groups. So for the military commander that you have mentioned, he is the Commander of the Southern Myanmar regions. So in his region there were insurgent problems and he commanded some of the military operations in that area. He is doing his responsibility as a military commander to defend those people from the scourge of insurgency. This is one question.
Another thing is that in the next month I think we will be submitting our universal periodic review report to the Human Rights Council. So we will be sending a delegation and we will be submitting our universal periodic review for the second time.

Human Rights Hypocrisy: Burma’s Lieutenant General Ko Ko, Suspected of Crimes Against Humanity, to Lead Burma’s Delegation to the UN’s Universal Periodic Review

In November 2014, Harvard Law School’s International Human Rights Clinic published a legal memorandum revealing that Lieutenant General Ko Ko is one of the leading actors in crimes against humanity committed in Burma. Despite this comprehensive report, General Ko Ko has been appointed by Burma to lead its delegation to this year’s United Nations Universal Periodic Review. Every four years states are subject to this review process that provides states the opportunity to declare what actions they have taken to improve the human rights situation in their countries and to fulfill their human rights obligations.

To have General Ko Ko- a man explicitly linked to human rights violations- as the leader of Burma’s upcoming human rights review is sheer hypocrisy. As stated in Harvard Law’s Human Rights Blog “Human Rights @ Harvard Law,” “Ko Ko should not be the face of human rights in the new Myanmar.”

In response to Burma’s decision to have General Ko Ko lead their delegation to the UPR this fall, the U.S. Campaign for Burma has created a petition to add General Ko Ko to the U.S. Sanctions list.

As the petition states, “General Ko Ko has a long history of committing crimes against humanity and human rights abuses throughout Burma. During his post as Regional Commander in Karen State, tens of thousands of Karen fled for safer borders as they faced rape, extrajudicial murders, forced labor and portering, human shields and land grabs. Now, as Home Affairs Minister, General Ko Ko continues his attacks on any individual who supports democratic principles and desires justice. “

Sign the petition and tell President Obama to add General Ko Ko to the Specially Designated Nationals List.