26 January 2011: The Burmese military junta has begun a secret census as of earlier this month and it is believed that the local authorities are planning to set up a ‘People’s Military Service’, as the regime recently issued such a law in Matupi Township of Chin State, western Burma.

“The Block and village authorities could not say why the census was being undertaken. It may be related to a recruiting drive,” a local from Matupi town said.


“If they start recruiting, I will have to join the Chin armed group or run away somewhere,” a local youth said. Local people are worried on account of the local authority’s behaviour recently.


“We have to send our wards somewhere, or else they will face jail. We cannot imagine what will happen in the future,” a mother said.


The draft law issued on December 17, 2010 declared that men between the ages of 18 and 45 and women between the ages of 18 and 35 must serve in the military for two years. The service term could be increased to five years in the event of a national emergency.


The local authorities are conducting a census based on parameters such as male, female and age groups and will cover other townships in Chin state soon.


“The issue must be discussed in the forthcoming assembly session. The authorities seem to be neglecting and disrespecting the people,” a Chin Progressive Party member said.


The ‘Physicians for Human Rights’ announced its findings conducted in 19 December 2010 of 92% of the first population-based survey to document human rights violations in all nine townships in Chin State.


The report, ‘Life Under the Junta: Evidence of Crimes against Humanity in Burma’s Chin State’, provides the first quantitative data on human rights violations against people of nine townships in Chin State, Western Burma.

Physicians for Human Rights

Life Under the Junta

Evidence of Crimes Against Humanity in Burma's Chin State

 

(Read the foreword by Justice Richard Goldstone and Archbishop Desmond Tutu.)

Methods

Our research team consulted with 32 key informants and representatives from Chin civil society to conduct a population-based survey to document alleged human rights violations in Chin State. We led a twoweek skills-training course in interview techniques, sampling methodology, survey questions, case definitions, interviewing vulnerable populations, and informed consent for 23 community leaders and health professionals from across Chin State. From February to March 2010, surveyors performed a multi-stage, 90-cluster sample survey of 702 households in all nine townships in Chin State. They used an 87-question survey that had been translated into five regional languages to ask heads of household about their life under the junta during the past 12 months.

Findings

Of the 621 households interviewed, 91.9% reported at least one episode of a family member being forced to do hard labor, such as porter military supplies or build roads. Government authorities, primarily soldiers (68.3%), committed 98.3% of the attacks. Overall, 1,768 of the most severe abuses were reported across all nine townships of Chin State.

Legal Analysis

Our data reveal that Government authorities have perpetrated human rights violations against the Chin ethnic nationality in Western Burma. Although other researchers have posited that a prima facie case exists for crimes against humanity in Burma, the current study provides the first quantitative data on these alleged crimes. At least eight of the violations that we surveyed fall within the purview of the International Criminal Court (ICC) and may constitute crimes against humanity. The ICC has jurisdiction over the most serious crimes of concern to the international community, including murder, extermination, enslavement, forced displacement, arbitrary detention, torture, rape, group persecution, enforced disappearance, apartheid, and other inhumane acts.
For acts to be investigated by the ICC as crimes against humanity, three common elements must be established: (1) Prohibited acts took place after 1 July 2002 when the ICC treaty entered into force. (2) Such acts were committed by government authorities as part of a widespread or systematic attack directed against a civilian population. (3) The perpetrator intended or knew that the conduct was part of the attack.
Our research demonstrates that the human rights violations we surveyed in Chin State meet these necessary elements. While our data imply knowledge that would satisfy the third element of the definition, further evidence is needed to establish individual culpability. This evidence would likely stem from a U.N. Commission of Inquiry or another thorough investigation.

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