Myammar: "They Came and Destroyed Our Village Again" - The Plight of Internally Displaced Persons in Karen State

I. Summary

When the Tatmadaw entered my village they killed men and beat women when they caught them.¹

Burmese soldiers came into Tho Mer Kee village and burnt down all the houses. They killed all our pigs, goats and chickens -- -- and then shot the buffalos for fun.²

We had to flee to the jungle, where we stayed for a week, with very little food. Then we returned to re-build our homes, and try to farm again. However, the next year, they [the Tatmadaw] came and destroyed our village again.³

While the nonviolent struggle of Daw Aung San Suu Kyi against the Burmese military government's continuing repression has captured the world's attention, the profound human rights and humanitarian crisis endured by Burma's ethnic minority communities has largely been ignored.⁴

Decades of armed conflict have devastated ethnic minority communities, which make up approximately 35 percent of Burma's population. The Burmese army, or Tatmadaw, has for many years carried out numerous and widespread summary executions, looting, torture, rape and other sexual violence, arbitrary arrests and torture, forced labor, recruitment of child soldiers, and the displacement and demolition of entire villages as part of military operations against ethnic minority armed opposition groups. Civilians bear the brunt of a state of almost perpetual conflict and militarization.

Violations of international human rights and humanitarian law (the laws of war) by the Tatmadaw have been particularly acute in eastern Karen state, which runs along the northwestern border of Thailand. One woman described to Human Rights Watch more than twenty years of Tatmadaw brutality:

The Burmese Army troops first attacked in November 1979, while we were harvesting our fields near Ler Kaw village. They shot and killed my sister, who was only thirteen, and my cousin, who was fifteen. We had to flee, but they chased after us and shot and killed another villager. There was no fighting near the village at that time. The Burma Army troops just wanted to kill us Karen villagers.

The Burmese soldiers attacked us again at Htee Hto Kaw Kee, in 1992. They shot and killed my husband and injured other villagers. The soldiers burned down our houses and killed and ate our animals. They also burned our rice barn, destroying 190 tins of rice. [They also] killed my son-in-law, who was just collecting betel nut in the forest. He [had] small children.

In January 1998, at Lo Kee village, my cousin's husband was killed by Burmese troops when they entered the village. Many people fled to the jungle. In March 2002 my other cousin's husband was also killed. Their house and livestock were destroyed too.

The woman's mother added more details to the account, and clarified that the Burmese troops faced no armed resistance that could justify their attack on the villagers:

I will never forget our suffering at Ler Kaw village. When the soldiers shot my thirteen-year-old daughter, her intestines came out. Her father and I tried to save her, and escape. She was in agony, and screaming, but we couldn't do anything to ease her pain. She died after an hour. We haven't done anything against the government. All we had in our hands when their troops attacked was our paddy, and harvesting tools. If the soldiers had called us, we would have gone to talk with them. They didn't have to shoot.⁵

One result of the Tatmadaw's brutal behavior has been the creation of large numbers of internally displaced persons (IDPs) and refugees among Burma's ethnic minority communities. Conflict and its consequences have been going on for so long that in many ethnic minority-populated areas, continuous forced relocations and displacement -- -- interspersed with occasional periods of relative stability -- -- have become a fact of life for generations of poor villagers.

The scale of the IDP problem in Burma is daunting. Estimates suggest that, as of late 2004, as many as 650,000 people were internally displaced in eastern Burma alone. According to a recent survey, 157,000 civilians have been displaced in eastern Burma since the end of 2002, and at least 240 villages destroyed, relocated, or abandoned. The majority of displaced people live in areas controlled by the government, now known as the State Peace and Development Council (SPDC), or by various ethnic armed groups that have agreed to ceasefires with the government. But approximately eighty-four thousand displaced people live in zones of ongoing armed conflict, where the worst human rights abuses continue. Many IDPs live in hiding in war zones. Another two million Burmese live in Thailand, including 145,000 refugees living in camps.

Karen State is the location of some of the largest numbers of IDPs in Burma. Since 2002, approximately 100,000 people have been displaced from Karen areas, which include parts of Pegu and Tenasserim Divisions. Though a provisional ceasefire was agreed in December 2003 between the SPDC and the Karen National Union (KNU), sporadic fighting continues. Tatmadaw military operations against the KNU's army, the Karen National Liberation Army (KNLA), in the first months of 2005 caused numerous deaths and injuries to civilians in poor villages along the Thai border. They also forced many civilians to flee internally or to Thailand. For example, at least 9,000 civilians were displaced in Toungoo District, in the far north of Karen State bordering Karenni State, and in Nyaunglebin District in northwest Karen State, during major Tatmadaw offensives between November 2004 and February 2005.

The majority of Karen IDPs have been forced out of their homes as a direct result of the Tatmadaw's "Four Cuts" counter-insurgency strategy, in which the Burmese army has attempted to defeat armed ethnic groups by denying them access to food, funds, recruits, and information from other insurgent groups. H.T., a twenty-eight year-old Karen from Dooplaya District, described his experience with the Tatmadaw in January 2005:

There were two groups [of Tatmadaw soldiers]. The first was commanded by Lt. Soe Myint Aw, and the second was commanded by Captain Toe Toe Aung. They had about sixty men each. Lt. So Myint Aw told us that the "strategic commander" gave them orders to attack the village. I just ran. It took twenty minutes to walk to the border. We stayed there on Monday. There is a motorbike and a phone that everyone in the village can use. We had to leave them there. I could hear machine gun fire and mortars when I was running to the borderline. I am afraid for my family, and very afraid that the SPDC will kill me. It's possible I will be tortured when I go back. Eleven SPDC soldiers were killed by the KNU. I don't want to go back to see the [SPDC] soldiers. I want to go back to my village when the fighting stops but I will be prepared to run once again.6

This report describes the situation in government-controlled areas, including relocation sites, which are generally not accessible from across the Thailand border. The report identifies two main causes of displacement:

- Displacement due to armed conflict as a direct result of fighting, or because armed conflict has undermined human and food security and livelihood options; and

- Displacement due to human rights violations, particularly land rights caused by Tatmadaw and militia confiscation of land and other violations of land rights, especially in the context of natural resource extraction, such as logging and mining. Other rights violations, such as forced labor, killings, torture, and rape, also cause displacement.

The report describes patterns of abuse and forced relocation over a period of many years. It documents how serious violations of international humanitarian law and human rights abuses continue to occur in some parts of Karen State, such as Toungoo and Nyaunglebin Districts, while other areas are relatively quiet. It recommends a need to think of new and more realistic answers to the dilemmas faced by IDPs, many of whom may not be able -- -- or may not want -- -- to go home again.

For this report, Human Rights Watch interviewed community leaders, representatives of nongovernmental organizations (NGOs), staff at community-based organizations (CBOs), U.N. officials, and many others. Most important, we interviewed forty-six Karen IDPs living in the Papun hills, in mid-late 2003, and along the Thai border, in early 2005. These forty-six individuals altogether were displaced more than one thousand times. Incredibly, five individuals had been forcibly displaced more than one hundred times. One of these five, an elderly woman, first fled to the jungle during World War II, when Japanese soldiers came to her village.

All the interviewees for this report had been farmers and continue to derive most of their food from working their own or others' rice fields. These fields remain susceptible to destruction by Tatmadaw patrols. Displacement often means that new land must be cleared for farming, rather than farmers being able to return to former swidden fields in sustainable rotation after fallow swiddens have regained their fertility. Over time, the disruption of traditional agricultural practices has seriously undermined livelihoods and caused encroachment by swidden farmers into primary forest, rather than rotating their plots in secondary forest customarily used for swidden agriculture.

Many IDPs have been displaced for some time, and live alongside others who are not -- -- or have not recently been -- -- displaced. Their needs may therefore be similar to those of other vulnerable populations in peri-urban and rural Burma.

The main problems identified by interviewees were lack of consistent access to food; insufficient income and livelihood problems; human rights abuses and poor physical security related to displacement and fighting; lack of access to education and health services; and, finally, the problem of landmines, which destroy both land and their victims' lives. Their primary need is to be able to farm properly, without disturbance, and thus improve income and food security, as well as better access to education and health services. All wanted to, as one interviewee put it, "live in peace and with justice." Most of these problems are linked to longer-term structural problems, and can only be addressed in the context of socio-economic -- -- and above all political -- -- solutions to Burma's protracted ethnic conflicts.

The findings of this report caution against assuming that all IDPs necessarily want to return "home." Returning home can be a problematic concept for people who have been on the move for long periods of time. Many IDPs may wish to return home, if it still exists, but others may want to stay put or resettle elsewhere. Some who have returned home or have otherwise resettled still face major problems, while others have not. Some have not moved and built new lives in the place to which they were displaced, often in the jungle hills or in a relocation site.

Thus, those providing assistance should avoid taking a one-size-fits all approach to meeting the needs of IDPs. Instead, the focus should be on individual choice and the needs of specific communities. Indeed, the U.N. Guiding Principles on Internal Displacement, which summarize existing international law as it applies to IDPs, make choice the touchstone. Competent authorities have a duty to "establish conditions, as well as provide the means" to allow voluntary resettlement and integration in the place to which people are displaced, if that is their choice.⁷

An understanding of long-term patterns of forced displacement should inform the design of humanitarian, development, and socio-political interventions on behalf of the displaced. One aspect that deserves careful consideration is the effect of ceasefires on the human rights situation and on displacement. Over the past decade many armed ethnic groups have entered into ceasefires with the military government in Rangoon. In some parts of the country, ceasefires have meant a reduction in the most severe forms of human rights abuses, though this has not usually led to greater respect for other basic rights, such as freedom of expression or the right to due process of law. But in many cases, ceasefires have been quietly accompanied by the reemergence of local civil society actors. This has been one of the most important, yet under-studied, aspects of the ceasefires in Burma.

The SPDC and KNU agreed to an informal ceasefire in December 2003. In some parts of Karen State, the situation began to stabilize. Across the whole of Tenasserim Division, and much of lower and western Karen State, there has been less fighting and fewer of the most severe type of human rights violations, such as extrajudicial executions and torture, than before. Some IDPs are beginning to return from hiding places in the jungle and from relocation sites to build more permanent houses and grow crops other than swidden rice. However, the Tatmadaw continues its aggressive use of forced labor, especially on road-building projects, land confiscation, and arbitrary taxation in many areas. It has recently stepped up attacks on a variety of armed ethnic groups. Under the right conditions, a ceasefire between the SPDC and the KNU could deliver a substantial improvement in the human rights situation, creating the space in which local and international organizations can begin to address the urgent needs of Karen IDPs. But the situation may yet return to guerilla warfare and full-scale counterinsurgency.

Many of the ceasefires are now under threat. Since the purging of General Khin Nyunt last October, hard-liners in the SPDC have attempted to undermine ceasefires agreed between Rangoon and several armed ethnic groups since 1989. In mid-2005, the future of these ceasefires looks more and more uncertain.

If the SPDC and KNU reach a genuine settlement -- -- an outcome about which Human Rights Watch takes no position -- -- the current transitional period may develop into the type of post-ceasefire scenario seen in Mon and Kachin States since the mid-1990s. There may be more space for civil society to emerge. CBOs and local NGOs can play important roles in the needs analysis, planning, implementation, monitoring, and evaluation stages of projects. This is particularly true in remote areas inaccessible to international agencies. Donors can assist this process with careful, well-targeted grants to capable local organizations.

Sadly, experiences in Mon and Kachin states show that displacement does not necessarily come to an end with the cessation of armed conflict. Instead, the causes of displacement may change, as the Tatmadaw expands into previously contested areas and confiscates land as part of its efforts to consolidate control and make money. Increased and more industrialized natural resource extraction and other economic activities, such as large-scale agricultural production and development-induced activities, including road and bridge construction, can lead to further displacement. These factors indicate the importance of focusing on the protection of economic, social, and cultural rights, including the critical need to clarify land tenure for indigenous groups and to protect their customary land rights.

In April 2005 the U.N. Commission on Human Rights called upon the Burmese government:

(a) To end the systematic violations of human rights in Myanmar, to ensure full respect for all human rights and fundamental freedoms, to end impunity and to investigate and bring to justice any perpetrators of human rights violations, including members of the military and other government agents in all circumstances; (b) To end widespread rape and other forms of sexual violence persistently carried out by members of the armed forces, in particular against women belonging to ethnic minorities, and to investigate and bring to justice any perpetrators in order to end impunity for these acts; (c) To end the systematic enforced displacement of persons and other causes of refugee flows to neighboring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies.⁸

Human Rights Watch urges the military government in Rangoon to implement these recommendations immediately. It must issue orders to its troops to end all attacks on civilians. In addition to constituting serious human rights abuses, these attacks undermine any hopes the SPDC may have of reaching a political settlement with representatives of Karen communities. To address the internal displacement problem in Karen areas, Human Rights Watch also urges:

- All parties to the conflict to allow greater international access to conflict areas to provide humanitarian assistance and protection to IDPs. Landmine mapping and clearance is a particularly urgent unmet need. International and local agencies should employ protection staff and provide protection training to all other field staff, and offer such training to all appropriate government officials.

- The development and implementation of policies regarding individual and community land rights and access to land in Burma, including restitution of, or compensation for, property confiscated, stolen, or illegally occupied, and respect for customary rights to land.

- Emphasis on the principle that every solution should be voluntarily chosen through the informed consent of the displaced individual, whether that solution be integration, relocation, or return home.

- That the provision of humanitarian and development assistance is not misused by the government and the Tatmadaw to further military objectives in conflict-affected, often traditionally semi-autonomous, areas. It is critical that international agencies such as the United Nations High Commissioner for Refugees (UNHCR) should be able to function independently without unnecessary restrictions.

- Donors to work with local NGOs and rights-respecting local government officials and ceasefire groups to provide services, such as formal and informal education, vocational and skills training and materials, health services, including training of medics, micro-credit programs, natural resource management and environmental protection.

- The provision of aid and assistance through civil society groups and networks, many of which are operational in areas inaccessible to international agencies.

Building the capacity of such groups must be a priority. Donors should foster the emergence of under-represented groups, such as non-Christians, minorities within Karen State, and women, and should not concentrate all resources on a narrow set of professional and westernized NGOs. Genuine partnership and joint ownership of projects with civil society actors should be encouraged. Needs and vulnerability assessments should mainstream conflict resolution, protection and gender issues, and highlight policies that effectively address the needs of the poor. Both the SPDC and KNU must be persuaded to let these processes take place, even if they do not like the outcome.

A more detailed set of recommendations can be found in Section VII at the end of this report.

Notes:

¹ Human Rights Watch interview conducted at Thwa Hta village, Papun District, June 2003.

² Human Rights Watch interview with N.L. at Hor Ker IDP settlement, Papun District, May 2003.

³ Human Rights Watch interview with S.L. at Hor Ker IDP settlement, Papun District, May 2003.

⁴ In 1989 the English name of the country was changed from Burma to Myanmar by the ruling State Law and Order Restoration Council (SLORC, now called the State Peace and Development Council, or SPDC). English versions of place names were changed to Burmanized versions at the same time, e.g., Rangoon became Yangon. The National League for Democracy, which won elections in 1990 that were subsequently rejected by the military government, does not recognize these name changes, and ethnic groups that are not ethnic Burman regard them as part of an effort to Burmanize national culture. Human Rights Watch uses the term "Burma."

⁵ Human Rights Watch interviews with N.W. and her mother from Nyaunglebin District (July 2003).

⁶ The units involved in the attack on Ka Law Gaw were Light Infantry Battalion # 356 and Infantry Battalion # 230. Both were commanded by the Regional Military Command No. 12 based in Hpa-an. It seems likely that the orders to attack Ka Law Gaw village came from a regional command order.

⁷ The U.N. Guiding Principles on Internal Displacement (U.N. Document E/ CN.4/1998/53/Add.2; November 11, 1998) [online], http://www.reliefweb.int/ocha_ol/pub/idp_gp/idp.html (English); http://www.unhchr.ch/html/menu2/7/b/principles_burm1.htm (Burmese); http://www.unhchr.ch/html/menu2/7/b/principles_karen1.htm (S'ghaw Karen) (retrieved May 21, 2005).

⁸ United Nation Economic and Social Council, Commission on Human Rights (Sixty-first session, Agenda item 9), "Question of the violation of Human Rights and Fundamental Freedoms In Any Part Of The World - Situation of human rights in Myanmar" (E/CN.4/2005/L April 29, 2005).

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