Discriminatory Legal Systems
Human Rights Groups Call for Arrest and Prosecution of Myanmar’s Minister of Home Affairs for War Crimes and Human Rights Violations
FOR IMMEDIATE RELEASE—November 5, 2015
[GENEVA & NEW YORK] – Tomorrow, an alleged war criminal accused of torture, murder, enslavement, pillage, rape, and forcible population transfer, is scheduled to present Myanmar’s human rights record at the United Nations.
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.
Tweet #arrestkoko & support the people of Myanmar in bringing a war criminal to justice.
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.
2015 marks the 15th anniversary of the adoption of Resolution 1325 on Women, Peace and Security, which requires parties in a conflict to respect women’s rights and support their participation in peace negotiations and in post-conflict reconstruction. Yesterday the Security Council held its annual open debate under Argentina’s presidency calling upon UN Member to implement resolutions on women, peace and security. This year’s theme focused on the situation of women refugees and internally displaced persons (IDPs) around the world.
With numerous crises from Iraq, Nigeria, and Syria to Somalia and Mali and the increase of extremists take control of territory, the shifting trend in conflict is seeing a heightening of targeted violence against women, girls and their communities, warned the UN Secretary-General whose statement was delivered by the Executive Director of UN Women Ms. Mlambo-Ngcuka. The Executive Director in her own statement stressed that women are among the most vulnerable group and the primary subject to violence. But it is women who should be empowered by giving them a voice in decision-making in order to protect them. She noted that “key decisions are still made behind closed doors, deaf to the voices of those directly affected.” Increasing the representation of women in leadership roles and electing them to governing bodies is a way to ensure their protection, as has been seen in Haiti and the Central African Republic.
One of the important issues raised by Member States was that rape is still too often used as a weapon of warfare with a devastating impact on victims of war. Gender based violence also contributes to displacement and women fleeing in hope for safety. Speakers admitted that most refugees are women, and they face a lack of medical assistance which they desperately need. For instance, services that enable the safe termination of pregnancy are fundamental for women to restore their lives after rape and yet are continually denied due to US policy. Failure to provide these services violates the rights of victims of rape.
A highlight of the Open Debate was the statement by the award winning Iraqi women’s rights lawyer Suaad Allami who delivered her statement on behalf of the NGO Working Group on Women, Peace and Security and spoke first-hand of her experiences in working with refugees and the threats to women’s rights by extremist groups such as ISIS. She paid tribute to her friends and colleagues who recently have been killed defending women’s rights. She ended her statement with applause and spoke the last words in Arabic “All human beings have the right to be safe and live a life of dignity.”
Click here to read the Presidential Statement on behalf of the Security Council.
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.
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.
Janet Benshoof, GJC President, responds to an article in the NY Times, “Enslaving Young Girls, the Islamic State Builds a Vast System of Rape” (“State of Terror” series, front page, Aug. 14)".
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.
OCTOBER 13, 2011: The New York Times Opinion Pages publishes a letter by Janet Benshoof, founder and president of the GJC.
This document also includes two other Opinion Pieces published in the New York Times; one by Myra Dahgaypaw, campaign coordinator for U.S. Campaign for Burma, and one by Op-Ed Contributor Thant Myint-U titled "In Myanmar, Seize the Moment". This last Op-Ed called for President Obama to voice support for the changes happening in Burma under President Thein Sein. The other two Op-Ed pieces are in response to Mr. Thant Myint-U's piece, and Janet Benshoof calls instead for the global community to refuse to recognize the new constitution.
All of these Op-Ed pieces address the situation in Burma, and what the international response to it should look like.
Tuesday, March 31, 2015 09:00-10:00
The Global Justice Center will participate in event, along with Amnesty International and Justice Trust, examining the current issues in Burma and the potential political backsliding in terms of human rights.
Monday, March 30, 2015, 18:00-19:30
GJC is participating in a panel highlighting on the ground activism in Burma and the recent crackdowns. Speakers include legal representatives and former activists telling their stories about advocacy in Burma.
Akila Radhakrishnan of GJC spoke at the National Young Feminist Leadership Conference, speaking about her work at GJC and the global relevance of sexual violence. She particularly focuses on GJC’s Burma project and the correlation between international law and women’s work on the ground.
“Marital rape is only considered marital rape if your wife is under the age of 13. So these are the provisions that still exist right, so when you talk about Burmese women being able to go to a court and assert their rights, this is the law that they have to assert their rights under. So if you’re 14, you don’t have a right to allege rape by your husband. And they’re working on finally reforming these laws.”
Click here to watch the full video.
GJC Participates in Third Annual Women Law Summit at the NYU School of Law, titled, "Women in Conflict: Gender, Violence, and Peacekeeping"
Friday, 20 February, 2015 at 11:30am - 5:15pm
On February 20th, NYU School of Law held its third annual women's law summit which coincided with the 15th anniversary of UN Resolution 1325. The Summit sought to educate participants about women's roles within conflict and their various means of empowerment, especially within the legal system. The all-female panels were composed of practicing lawyers, doctors, academics, and theorists. GJC founder and president Janet Benshoof gave the keynote address, highlighting the organizations projects, such as a campaign for the prosecution of rape as a prohibited weapon, and a campaign seeking the provision of abortions for women in conflict. Further, GJC, who advocates "power, not pity," was referenced several times throughout the following panels, as speakers detailed the ways in which women might act in conflict. Akila Radhakrishnan, legal director of GJC sat on the final panel about women and the transformation of the legal space, where she spoke on the opportunity for transforming women's rights in Burma.
In November, the Human Rights Clinic at Harvard Law School released a legal memorandum,“War Crimes and Crimes Against Humanity in Eastern Myanmar.” The report was a result of a four-year investigation on the Burma military and examines the conduct of the military during an offensive that cleared and forcibly relocated civilian populations from conflict zones in eastern Burma. Collected evidence demonstrates that the actions of Burma Army personnel during the Offensive constitute crimes under international criminal law: attacking and displacing civilians, murder, torture, and other inhumane acts.
© By Burma Partnership
The Clinic also collected evidence relevant to the war crime of rape. Secondhand accounts of rapes committed by military personnel were recorded. Some interviewees spoke generally of soldiers raping Karen women but provided no specific accounts. Rape is both a war crime and a crime against humanity, according to the Rome Statute. However, it was concluded that more research and analysis are necessary to determine whether these crimes could be included in a criminal case associated with the Offensive.
Rule of law is limited in Burma, and the military enjoys constitutionally-guaranteed impunity for war crimes, including against the use of rape as a weapon of war. Burma’s new Constitution has been fully in place since 2011 and was deliberately designed to preclude democracy by embedding permanent military rule and preventing military officials from being held accountable for their crimes.
GJC calls on the international community to invest in a democratic future for Burma by insisting that the Burmese government dismantle these structural barriers which violate international law and prevent the advancement of true peace and democracy.
Burma Army soldiers continue to engage in acts of sexual violence on a widespread scale, and women and human rights defenders in ethnic communities face harassment and persecution, tells a new report “If they had hope, they would speak” released by the Women’s League of Burma (WLB). It reveals ongoing sexual violence by government forces against ethnic women in Burma, and presents troubling evidence of intimidation of those seeking justice for these crimes, by highlighting 118 incidences of gang-rape, rape, and attempted sexual assault that have been documented in Burma since 2010, in both ceasefire and non-ceasefire areas. These cases demonstrate the ongoing de facto impunity for human rights abuses enjoyed by Burma military personnel.
WLB’s report expresses strong concerns on developments contributing to a culture of impunity, such as increased military presence in ethnic areas, intimidation of civil society organizations and the continued absence of women in peace negotiations. Despite the Burmese government’s public commitment to advance the status of women – including by developing the National Strategic Plan for the Advancement of Women (NSPAW) and issuing the Declaration of Commitment to End Sexual Violence in Conflict – few steps have been taken to improve the lives of women in ethnic communities. The absence of concrete and time-bound plans of action has meant that amidst Burma’s ‘transition’, the country’s women continue to be denied their basic human rights.
“The military is sending a clear message that it is willing to use violence and coercion against those brave enough to speak out about human rights abuses”, said Tin Tin Nyo, General Secretary of the WLB. “The Burma Army must be brought under civilian control, and there must be a negotiated settlement to the civil war that will grant ethnic peoples equality under a genuine federal system of government. If these actions are not taken, state-sponsored sexual violence against women of ethnic communities will not stop.”
This year has been one of the worst years for children, according to the United Nations. “As many as 15 million children are caught up in violent conflicts in the Central African Republic, Iraq, South Sudan, the State of Palestine, Syria and Ukraine,” said the Unicef’s report. “Globally, an estimated 230 million children currently live in countries and areas affected by armed conflicts.”
“This has been a devastating year for millions of children,” said Anthony Lake, UNICEF Executive Director. “Children have been killed while studying in the classroom and while sleeping in their beds; they have been orphaned, kidnapped, tortured, recruited, raped and even sold as slaves. Never in recent memory have so many children been subjected to such unspeakable brutality.”
In the Central African Republic, Syria, Iraq, Gaza, South Sudan, Nigeria millions of children are affected by ongoing conflicts. Young girls are being kidnapped, tortured, forcibly impregnated, forced marriages, withheld from education, raped and turned into sex slaves. Half the victims of rape in conflict zones are children.
The Global Summit to End Sexual Violence in Conflict that took place in London this June recognized that rape and sexual violence in conflict often has a much bigger impact than the fighting itself, and that one should not underestimate the depth of damage done to individual rape victims. “Sexual violence in conflict zones includes extreme physical violence, the use of sticks, bats, bottles, the cutting of genitals, and the sexual torture of victims who are left with horrific injuries. Many die as a result of these attacks. But survivors can also face a catastrophic rejection by their families and may be cast out from their communities”.
Compounding the suffering is a US foreign policy that denies safe abortion services to girls raped in armed conflict. GJC’s August 12th Campaign challenges this routine denial of full medical rights to war rape victims as a violation of the right to non- discriminatory medical care under the Geneva Conventions and its Additional Protocols.
Young girls who become victims of rape used as weapon of war are forced to bear the child of their rapist. This also is an “unspeakable brutality”.
FOR IMMEDIATE RELEASE - November 24, 2014
[RANGOON, CHIANG MAI] A new report to be released Tuesday by the Women’s League of Burma (WLB) reveals ongoing sexual violence by government forces against ethnic women in Burma, and presents troubling evidence of intimidation of those seeking justice for these crimes.
On November 13th, 2014 President Barack Obama held a town hall at Yangoon University in Burma. During the event, protesters held up signs that read, “Reform is Fake,” “Illusion,” and in reference to Obama’s own campaign slogan, “Change?”
Obama himself addressed the signs at the beginning of his remarks, reading them aloud and assuring protesters that they would have time for questions at the end of the town hall where he could address their concerns.
The New York Times, in their article of the event, used pictures of the town hall but made no mention of the signs. The protest and its glossing over by major media outlets demonstrates the fraught relationship that many are having with the Burmese government as it inches towards democracy, accountability, and equality.
While there have been legitimate reforms that have enabled the United States to engage with the Burmese government on a diplomatic level, full reform and rule of law in Burma cannot be established while the constitution places the military outside of civilian control.
As Zin Mar Aung said in an Op Ed in the Irrawaddy Journal,
“Before fully embracing the Burmese government as a democratic partner, the United States must revisit its carrot and stick policy, which has, of late, been much more carrot than stick. Instead of a credible “stick,” we have seen an overall lack of accountability toward the regime.”
These sentiments reiterate statements from Global Justice Center, President, Janet Benshoof, from over a year ago.
“Despite this disturbing evidence of ongoing human rights abuses, military attacks on ethnic civilians, inconsistencies between government statements and actions…the global community continues to ignore or downplay both the significance of these violations as well as the limitations of the constitution.”
Though there have been democratic reforms and fragile advances, the reality is that military rule still prevails in Burma, armed conflict continues and the military enjoys constitutional-guaranteed impunity for war crimes. The Global Justice Center has long called on the United States and the international community to insist that the Burmese government dismantle the structural barriers in place that prevent true peace and democracy.
At the end of the town hall, Obama was asked what he would do if he was President of Burma to help the country develop, he responded,
“Number one, there needs to be an election next year. It shouldn’t be delayed. Number two, there should be constitutional amendments that ensure a transition over time to a fully civilian government. Number three, there needs to be laws put in place to protect freedom of the press, freedom of expression, freedom to politically organize.”
Though he is not President of Burma, there is still much Obama can do to help achieve these commendable objectives, by using diplomatic pressure, supporting capacity building, policy dialogue and calling for accountability for human rights abuses.