Inhabitants of Myanmar’s ethnic minority regions continue to struggle with the enduring effects of past human rights violations and abuses, both those suffered in the midst of war and those experienced as a result of militarisation and economic depredation. Efforts to address these abuses and their effects are hampered by on- going armed conflict, the existence of parallel justice systems, lack of political will, and by the fact that civil war and human rights abuses continue throughout the country, in both traditional and different forms.

Despite significant improvements since the signing of the 2012 Preliminary Ceasefire Agreement between the Karen National Union (KNU) and the Myanmar government, the population of Southeast Myanmar continues to face a broad range of human rights violations. Reduction in armed conflict has paved the way for new and increased forms of abuse such as land confiscation, exacerbating existing forms of vulnerability and worsening conditions for some villagers. Conflict-affected communities also struggle with the effects of decades of armed conflict, ethnic discrimination and deeply ingrained societal trauma.

In 2015, the signing of the Nationwide Ceasefire Agreement (NCA) created some possibilities for positive change. As the peace process is now at a deadlock, it remains unclear to what extent it will be able to address the historical legacy of human rights abuse and emerging patterns of abuse in Southeast Myanmar. Indeed, the consequences of past abuses continue to impact the daily lives of local people, often combining with new forms of abuses to compound people’s economic marginalisation. It is therefore paramount to guarantee that victims of human rights violations have access to both justice and reparation. Whether or not these concerns are being effectively addressed can only be determined by the civilians affected.

This report presents their perspectives on changing patterns of abuse, set against historical trends in Southeast Myanmar, as well as on access to justice and remedies for past and present human rights violations. In order to understand some of these changes, KHRG focused on asking villagers about their lives in the context of the 2015 NCA. However, it should be understood that many of the changes in terms of military behaviour and human rights abuses actually date back to the 2012 Preliminary Ceasefire Agreement. The report refers to both agreements throughout, in part as a reflection of the fact that many villagers see the two as part of one on-going process.

Chapter 1: Human rights abuses during the pre-ceasefire period: an enduring legacy

Chapter 1 looks at historical patterns of human rights abuses and violations in Southeast Myanmar during the pre-ceasefi re period. It gives a review of the abuses that civilians faced mostly before 2012, with a focus on the phenomenon of displacement and the more enduring effects of human rights abuses. This history and its enduring legacy are crucial for understanding civilian perspectives in Southeast Myanmar, the challenges facing the peace process and the desire for justice among victims.

Section A – Overview highlights how the Tatmadaw carried out systematic attacks against Karen villages and subjected civilians in conflict- affected areas to a wide range of human rights violations. These included killings, torture and other inhumane or degrading treatment, the use of widespread sexual violence against women as a weapon of war, and destruction of property. The Tatmadaw also consistently used civilians as an unpaid labour force, including for military purposes, often subjecting victims to violence, threats and life-threatening conditions. It also engaged in looting and extortion, as well as in land confiscation along with other Myanmar government agencies.

“The Tatmadaw prohibited us from traveling outside of the delimited area, and ordered us to obtain permission letters [to travel]. We could be arbitrarily arrested or killed if we did not respect their rules. […] Many villagers were killed while they went to fish or to find vegetables in the forest outside of the delimited area.”

Male interviewee from Mone Township, Nyaunglebin District/eastern Bago Region

Section B – Displacement analyses the causes and consequences of conflict-related displacement. It shows that Karen and other communities routinely had to abandon their villages to flee from fighting between armed actors. In some instances, the Tatmadaw deliberately targeted villages or forced civilians to relocate with threats. Some people also left because they were afraid of being subjected to human rights abuses, while others had to abandon their village following land confiscations. Relatives of Karen National Liberation Army (KNLA) soldiers were usually targeted by the Tatmadaw, and therefore particularly vulnerable to displacement. Displaced populations had to leave behind their plantations, and therefore faced livelihood difficulties and food shortages, including in IDP or refugee camps. They were also affected by a wide range of health issues, mostly because of poor living conditions and lack of access to healthcare services.

Section C – Impacts of human rights violations looks at the short- and long-term impacts of human rights abuses and conflict on livelihoods, health and education.

Key findings:

• As the majority of rural communities in Southeast Myanmar have long relied on subsistence farming or day wage labour, the loss or temporary absence of the main breadwinner as a result of human rights abuses had dire and sometimes long lasting livelihood consequences for families.
• The loss of lands or livestock, either through confiscation or deliberate destruction, threatened the economic survival of many; while heavy restrictions on freedom of movement by the Tatmadaw prevented villagers from carrying out their daily work or accessing healthcare.
• Several survivors of human rights violations interviewed by KHRG are still struggling with long- term physical health issues, including post-traumatic stress disorders.
• Fighting, attacks against villages, livelihood difficulties and displacement also affected access to education for Karen youth, leading many children to drop out of school. Some families whose main breadwinner died before 2012 are still unable to support the education of their children.

Chapter 2: The situation in Southeast Myanmar since the signing of the Nationwide Ceasefire Agreement 

Chapter 2 examines villagers’ current engagement with the peace process, how they feel that the ceasefire has affected their lives, and what they anticipate for the future. This chapter assesses whether past abuses have lessened and presents data on the new threats villagers confront.

Section A – Life after the Nationwide Ceasefire Agreement analyses the current situation in Southeast Myanmar and concludes that it has improved over the course of the peace process. Although some challenges remain, freedom of movement has increased, allowing some civilians to resume their livelihood activities. However, some communities still face hardship due to displacement and lack of lands or job opportunities.

Key findings:

• Interviewees from some areas reported to KHRG that they now feel safer than before, even though skirmishes between armed actors still occur in a context of increasing militarisation, notably in Hpapun District, sometimes resulting in displacement.
• Access to health and education has also improved in the region, but many challenges remain in that regard.
• KHRG has documented the persistence of traditional forms of abuses, such as killings, sexual and gender-based violence, child rights violations, physical abuse, religious discrimination, forced labour and extortion.
• Emerging trends of abuse include an increase in land confiscation and a complete disregard for the rights of rural Karen populations over natural resources.

Section B – Local perspectives on the peace process shows that a significant number of the villagers interviewed by KHRG lack basic knowledge about the NCA and the peace process. Many expressed their desire to learn more and even to engage with decision-makers, to raise their suggestions and help achieve sustainable peace.

Key findings:

• A number of factors contribute to a lack of trust in the peace process and to the feeling that it will not bring about sustainable peace. These include ceasefire violations, on-going militarisation and clashes between the KNLA and the Tatmadaw in several areas of Southeast Myanmar, as well as the confiscation and use of customary land by the Myanmar military.
• Some civilians also expressed concern that the Tatmadaw is using the peace process to consolidate its power in the region, and that fighting may resume in the future.
• Others voiced that sustainable peace is undermined by the slow pace of political reforms in Myanmar to create a democratic, federal governance structure; while some feel unsafe with the Tatmadaw proposal to move towards a single army model.

Chapter 3: The issue of justice in Southeast Myanmar 

Chapter 3 considers issues of formal justice. First, it analyses the challenges around seeking justice for human rights abuses that occurred mostly before the peace process; and second, experiences engaging with the various justice systems in Southeast Myanmar after the signing of the NCA. The underlying question this chapter seeks to answer is whether the legal/judiciary infrastructure in Southeast Myanmar can now deal with human rights abuses that took place during the peace process.

Section A – Lack of accountability for pre-ceasefire human rights abuses establishes, based on interviews conducted by KHRG, that the vast majority of abuses perpetrated before the ceasefire were met with impunity. Villagers identified several barriers to justice:

• A fear of armed actors that prevented them from reporting human rights violations.
• The lack of judicial independence and due process of the Myanmar government justice system.
• A general lack of rule of law during the period of military dictatorship.
• The absence of civilian jurisdiction over abuses committed by the Tatmadaw.

Interviewees also suggested a wide range of solutions to deal with past human rights violations. These include prosecuting perpetrators under formal justice mechanisms or removing them from their positions of authority. Non-punitive approaches were also put forward, such as acknowledgement, apologies and guarantees of non-repetition. Several villagers also voiced their desire to recover their confiscated lands and to receive fair compensation for the abuses they suffered. Others stated that they would like to benefit from financial, material or psychological support programmes.

Section B – Perspectives on the current administration of justice in Southeast Myanmar looks at local villagers’ perspectives on this issue, and concludes that none of the three local justice systems are equipped to deal with post-ceasefire human rights violations in a satisfactory way.

Key findings:

• The customary justice system is inconsistent, unable to deal with larger cases and to enforce judgements, and corruption at the village head level remains a problem.
• The Myanmar government justice system does not have jurisdiction over the Tatmadaw, is perceived as biased against ethnic minorities, lacks transparency, takes too much time to process cases and is plagued by bribery and corruption. In addition, it is too expensive for rural communities in Southeast Myanmar, who also often lack the Burmese language skills to engage in proceedings.
• It appears that the Karen community has a strong preference for the KNU justice system. However, it often fails to take action on villagers’ complaints, applies legislation inconsistently and lacks both resources and qualified staff. It is also perceived as too lenient, and corruption and bribery undermine its credibility.

Conclusion

Serious human rights violations were committed by the Tatmadaw against the civilian population in Southeast Myanmar prior to the 2012 Preliminary Ceasefire Agreement, including widespread and systematic killings, torture, and sexual and gender based violence. To date, the Myanmar government has shown no genuine will to establish meaningful accountability mechanisms for military atrocities.

While the signing of the 2012 Preliminary Ceasefire Agreement has brought about a decrease in situations of violence and an improvement in the enjoyment of fundamental human rights, many challenges remain. Notably, violations of the 2015 NCA and land confiscations plague Southeast Myanmar. The current justice systems are ill-equipped to effectively address current human rights violations and abuses due to a lack of transparency, corruption, discrimination and a general lack of judicial capacity within the systems.

The peace process in Southeast Myanmar cannot move beyond the current deadlock without fair, impartial, effective, and independent justice systems to hold accountable perpetrators of past and current human rights violations and abuses. A holistic approach to justice should also include guarantees of fundamental human rights, redress for past violations, and consideration of the voices of local communities.

“How can we build peace without accountability? Actually, accountability has to go parallel with the peace process.”

Member of the Karen Women’s Organization

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