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Myanmar human rights abuses worsened in 2020, with more restriction on freedom of expression and peaceful assembly. The international community became more concerned after the 2021 military coup. And the junta’s escalating atrocities plunged Myanmar into a humanitarian and human rights disaster.

The conflict has had a profound impact on civilians, as human rights violations and abuses persisted. They included:

• forced labour,
• torture, and
• extrajudicial killings.

Local activists and opposition groups have tried to combat these violations with limited success. Furthermore, the the international community’s role in addressing the crisis is muddled. Countries have used different methods to solve the problems caused by the Myanmar government and military. Consequently, Myanmar became one of the countries with the worst human rights record.

Historical Background of Myanmar Human Rights

Myanmar, (formerly Burma), has a tumultuous history marked by repressive military rule and widespread human rights abuses. Britain conquered Burma between 1824 and 1886 and incorporated the country into the Indian Empire. They administered Burma as a province of India until 1937 before it became a separate British colony.

Independance

After Burma gained independence from Britain in 1948, military coups and dictatorship soon followed. General Ne Win, who took power in 1962, launched a coup that began decades of military rule. Severe human rights violations and repression characterised the military’s rule. Ethnic conflict persisted, which exacerbated Myanmar’s troubles.

The National League for Democracy

The National League for Democracy (NLD), led by Aung San Suu Kyi in the late 1980s, struggled to bring democracy to Myanmar. The government subjected her to house arrest and limited political participation for decades. Then finally, Suu Kyi and the NLD won a landslide victory in the 2015 election. This laid the foundations for a civilian-led government. But the military thwarted them, as it retained significant control, particularly in matters related to security and defence.

2021 Coup

In February 2021, Myanmar’s democracy faced yet another setback when the military, led by General Min Aung Hlaing, staged a coup and arrested State Counsellor Aung San Suu Kyi and President U Win Myint. As a result, the junta reasserted its power, leading to widespread protests and violence. So, the toxic history of coups, military government and ethnic cleansing continued.

Myanmar Human Rights and ASEAN

The military regime has compromised human rights in Myanmar. Freedom House  rated the nation’s human rights 9 out of 100 (not free) in 2022. Even during a brief period of civilian rule, human rights abuses, particularly the plight of the Rohingya minority, persisted.

Myanmar joined the Associated South East Asian Nations (ASEAN) in 1997 and remains one of the 10 members despite its dreadful human rights record. This brings into question the power of the ASEAN Intergovernmental Commission on Human Rights (AICHR).

AICHR is a principal organ of ASEAN and the overarching institution on human rights with overall responsibility for the promotion and protection of human rights in ASEAN.

AICHR

Takeaway

Myanmar’s historical background is marked by military coups, dictatorship, ethnic conflicts, and a constant struggle for democracy. The 2021 military coup highlighted the complex and troubled history of human rights in the Southeast Asian nation.

Nature of Human Rights Violations

The atrocious human rights situation in Myanmar continued after the 2021 military coup. Issues of most concern include widespread torture, violence, and extrajudicial killings. With authorities suppressing freedom of expression and peaceful assembly, the people have suffered from systemic human rights violations.

Torture and Ill-Treatment

Torture and ill-treatment have been rife in Myanmar following the military coup. Security forces have aggressively targeted protestors and civilians, using extreme physical force and cruel tactics. Many detainees have been subjected to inhumane conditions and abuse while in custody, further exacerbating the human rights crisis.

Arbitrary Arrest and Detention

Arbitrary arrest and detention are serious breaches of human rights. The government frequently uses these methods to suppress dissent and target opposition members, journalists, and activists. They have held individuals without formal charges or access to legal representation, violating their right to due process and fair treatment under international law.

Violence and Extrajudicial Killings

Acts of violence and extrajudicial killings are increasingly common. Myanmar security forces have used excessive force against protests and in operations against ethnic groups. The number of deaths and enforced disappearances has been a disturbing trend. And the government has failed to provide accountability for the abuses.

Arbitrary Executions

Arbitrary executions have contributed to the human rights crisis in Myanmar. These acts, carried out with impunity, indicate a lack of respect for the rule of law. The government has undermined the population’s confidence in the justice system.

Forced Disappearances

The mysterious disappearance of many individuals is a harrowing human rights violation confronting Myanmar. Authorities have often abducted civilians without warning, leaving their families not knowing where they are. These unlawful abductions create a climate of fear and uncertainty, silencing dissent and stifling opposition.

Takeaway

The nature of human rights violations in Myanmar is deeply concerning and requires urgent attention from the international community. There have been continuous reports of:

• torture,
• violence,
• killings,
• detention,
• arbitrary arrests, and
• enforced disappearances.

It is critical the government holds perpetrators of crimes to account and supports the affected population. It must take clear, decisive action to prevent further abuses and promote the basic rights and freedoms all people are entitled to.

Specific Incidents and Crisis

Myanmar human rights crises have critically affected vulnerable minority groups. The most notable atrocity committed has been against the Rohingya population in Rakhine State. The government actions have been widely condemned and characterised as crimes against humanity. Some international observers have labelled them genocide. Targeted attacks, forced displacement, and systemic violence against the Rohingya have resulted in a massive humanitarian crisis, including large-scale refugee flows to neighbouring countries.

Four Cuts Doctrine

Apart from the desperate situation in Rakhine State, there have been armed conflicts in Kachin and Shan states. These conflicts have led to numerous human rights violations, including war crimes and widespread displacement of civilians. In particular, the military’s use of violence, torture, and enforced disappearances against anti-coup opponents has exacerbated the crisis. The military’s four cuts doctrine cutting:

• communications,
• funding,
• intelligence, and
• recruitment of opposition forces.

Four cuts has worsened the situation, driving a cycle of violence and human rights abuses.

Sexual Violence

Another issue of great concern is sexual violence against women, often perpetrated by military personnel. This form of violence is often used as a weapon of war and causes additional trauma, stigmatisation, and long-lasting physical and psychological effects on survivors. In some cases, the incidents of sexual violence have been so severe and systematic they have been considered war crimes.

Takeaway

In addition to the specific incidents mentioned, the broader human rights problem in Myanmar has deteriorated. Restrictions on freedom of expression, peaceful assembly, and the targeting of activists, journalists, and civil society members have been the main concerns. These, in conjunction with the crisis, create a grim picture of the human rights landscape in Myanmar.

Impact on Civilians

The Myanmar human rights crisis has had a devastating impact on civilians. The situation has resulted in increased violence towards the population, with thousands of people being detained or killed since the February 2021 military coup. In the junta’s crackdown on protesters’ dissent, they have used:

• rubber bullets,
• tear gas,
• water cannons,
• live rounds of ammunition, and
• other lethal forces.

Effect on Children

The crisis has severely affected children. A violent environment, lack of basic needs, and disrupted education are traumatic for children. In addition, as the cycle of poverty in the country worsened, people have been trapped in a perpetual state of struggle.

Displaced Individuals

The humanitarian situation in Myanmar has been alarming, as the crisis has displaced a considerable number of people. Many have been forced to leave their homes, either due to direct violence or fear of persecution. These internally displaced individuals face immense challenges, such as inadequate access to food, water, healthcare, and shelter.

Surge of refugees

As the crisis escalated, there has been a surge in the number of refugees fleeing Myanmar. Seeking safety in neighbouring countries, they are confronted with hardships, such as adjusting to new environments, language barriers, and limited resources. Furthermore, host countries struggle to accommodate the influx of refugees, leading to overcrowded camps and inadequate living conditions.

Takeaway

The Myanmar human rights problems has had a profound impact on the civilian population. Widespread violence, displacement, and lack of basic resources are just a few of the many challenges for innocent civilians, particularly children and displaced persons. Myanmar must address these issues and work towards restoring stability and peace in the country.

Activism and Opposition

A surge in activism in Myanmar, and opposition against the government, has led more activists to advocate for freedom of movement, human rights, and democracy.

One of the main opposition figures in Myanmar has been Aung San Suu Kyi, the leader of the National League for Democracy (NLD). The NLD has been at the forefront of pro-democracy movements, fighting for civil liberties and democratic reforms. However, her partial pardon in 2023 still keeps her in detention for another 27 years.

Myanmar has seen a rise in protests and pro-democracy movements, with citizens taking to the streets in peaceful protests. Demonstrators demanded the restoration of human rights, the rule of law, and the release of political prisoners. Unfortunately, the military has often responded with violence and suppression.

Rights defenders and human rights defenders play a crucial role in advocating for the rights and well-being of the citizens of Myanmar. They seek to expose injustices and hold the government accountable for its actions.

Four democracy activists have been executed by Myanmar’s military in what is believed to be the first use of capital punishment in decades.

BBC News 2022

Role of International Community

The international community has been actively involved in addressing the human rights situation in Myanmar. And several entities have had crucial roles.

UN Human Rights Council

The UN Human Rights Council urged protection and support for the people of Myanmar, under attack from their own military. The responsibility to protect the people pressured governments and international organisations to act.

The Security Council

The Security Council addressed the situation, and asked Myanmar’s government to co-operate with UN rights investigators. This included UN Special Rapporteur Thomas Andrews and the Independent Investigative Mechanism for Myanmar. The increased pressure was aimed at ensuring that meaningful action is taken to safeguard human rights in the country.

International Court of Justice

Responding to the crisis in Myanmar, the International Court of Justice has addressed the problem. Gambia initiated a case against Myanmar accusing the country of committing acts of genocide against the Rohingya population. The case highlights the role that countries can play in upholding international justice and accountability.

National Unity Government

Parallel to these efforts, the international community has recognised the National Unity Government as a crucial body that should be supported in its endeavours to restore democracy and address the humanitarian crisis in Myanmar. Supporting legitimate institutions and promoting dialogue between relevant parties is seen as an essential part of stabilising the country.

UN Security Council

Lastly, the role of the UN Security Council cannot be underestimated in dealing with the profound crisis affecting access to basic human rights in Myanmar since the coup in February of last year. As the principal body responsible for maintaining international peace and security, the Security Council can authorize and coordinate collective action to address the crisis. With hundreds of localized conflicts reported, the need for decisive, multilateral engagement is evident.

Takeaway

The role of the international community in tackling the human rights situation in Myanmar is multifaceted and involves entities working together. Through collective efforts and sustained pressure, the international community can help ensure that the human rights of the people in Myanmar are protected and that those responsible for violations are held accountable.

Steps Towards Accountability

The UN Human Rights Council has been actively working to advance accountability in Myanmar, particularly concerning human rights violations committed by both state actors and armed groups. This focus on justice and prosecution aims to address the lack of accountability for past crimes, including the corruption and human rights abuses that took place during the military junta period.

Coordination between Parties

Coordination between interested groups and agencies is vital to ensure the effective enforcement of accountability measures. One key initiative is the interactive dialogues held by the UN Special Rapporteur about Myanmar human rights. These dialogues are part of the collaboration between the Special Rapporteur and the High Commissioner for Human Rights to identify practical recommendations for addressing human rights violations in Myanmar.

International Support

Support from international organisations bolstered the implementation of these recommendations . Amnesty International praised the Human Rights Council’s resolution on Myanmar. It said it was an essential step towards justice and accountability for atrocious crimes.

Accountability Challenges

Despite the efforts, there remained many challenges to achieve full accountability. For example, the 2008 Constitution shields Myanmar’s security forces from domestic legal accountability. Thus, enabling human rights violations. However, the work of the UN Human Rights Council and its partners has gradually paved the way for a more inclusive and effective accountability process in Myanmar.

Ongoing Challenges and Future Perspectives

The human rights problems in Myanmar have remained dire following the military coup in February 2021. The crisis continued to escalate, sparking unrest in Chin, Sagaing, Magway, Karen, and Shan states. Human rights violations and abuses became a widespread concern, affecting civilians and opposition groups.

As the crisis unfolded, internally displaced people numbers have increased, especially in Kayah and Kayin states. Military authorities have deprived individuals of their liberty and have even detained some in makeshift camps. Additionally, humanitarian law was under threat as military authorities constantly targeted hospitals and medical workers, resulting in limited access to healthcare services.

Freedom of expression is a major challenge. Journalists and opposition figures face constant harassment and threats from military authorities. Many have been subjected to detention and, in some cases, violence. As a result, human rights organisations such as Amnesty International have called for urgent action. Action to protect individuals exercising their fundamental rights. And it advocates for free elections in the country.

Airstrikes and military offensives have wreaked havoc in Yangon, where tensions are high between ethnic groups. Ethnic minority populations have been particularly vulnerable throughout the crisis. With the denial of fundamental rights and freedoms by military authorities, it is reminiscent of apartheid-era practices.

The economy has suffered serious consequences of the repression and human rights violations in Myanmar. International human rights organisations have watched the situation closely. And, there have been calls for measures to mitigate the negative impacts on the Myanmar economy.

In the face of the immense challenges, future perspectives require a multi-dimensional approach to address human rights violations, encourage dialogue between military authorities and opposition groups, and re-establish the rule of law in Myanmar. Such steps could pave the way for the restoration of democracy and protection for everyone, regardless of ethnicity, religion, or political affiliation.

Frequently Asked Questions

What are the major human rights concerns in Myanmar?

The major human rights concerns in Myanmar include restrictions on freedom of expression and peaceful assembly. Also the increasing violence towards marginalised ethnic groups , such as the Rohingya population.Additionally, there have been reports of torture, extrajudicial killings, and arbitrary detention.

What actions have been taken against human rights violations in Myanmar?

The United Nations High Commissioner for Human Rights has published several reports documenting human rights violations in Myanmar, particularly since the 2022 coup d’etat. Furthermore, the International Criminal Court opened a preliminary investigation into alleged crimes against humanity, including forced deportation and persecution of Rohingyas.

How has the international community responded to Myanmar’s human rights issues?

The international community has expressed concern over worsening human rights abuse. Many countries and NGOs have condemned the actions of the military junta. And some have imposed sanctions on the military and its leaders. While others have increased humanitarian assistance to those affected in the population.

What steps is the Myanmar government taking to address human rights violations?

The government has not shown significant progress in addressing human rights violations or in prioritising reforms to help improve the situation. Government has been criticised for restricting freedom of expression, peaceful assembly, and humanitarian aid.

Sources and Resources

• Human Rights Council Starts General Debate on the Promotion and Protection of All Human Rights – United Nations
• Human Rights Watch – World Report 2021 – Myanmar
• Myanmar – United Nations
• Report of the UN High Commissioner for Human Rights

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