Reports Covering Mon Situations

Reports Covering Situations of Mon People in Monland, Burma (Union of Myanmar) CATWALK TO THE BARRACKS & NO LAND TO FARM

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CATWALK TO THE BARRACKS Conscription of women for sexual slavery and other practices of sexual violence by troops of the Burmese military regime in Mon areas

by Woman and Child Rights Project (Southern Burma) In collaboration with Human Rights Foundation of Monland (Burma)

July 2005

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Woman and Child Rights Project (Southern Burma) The Woman and Child Rights Project (WCRP), Southern Burma, was founded in 2000 in order to monitor and protect the rights of women and children and focus international attention on Burma in order to pressure Burma's military regime to respect the rights of women and children. WCRP's main aim is to promote and protect the rights of women and children according to CEDAW and CRC. WCRP is implementing various activities to expose how the regime and its Burmese Army are widely involved in violations of women's rights. It also seeks to educate and empower women and children to know their rights, so that they can become involved in the protection of these rights. Objectives • To educate women about the rights of women and children. • To inform international organizations about violations of the rights of women and children in order to focus international attention on Burma Activities • Quarterly publication of The Plight, with news and reports on the rights of women and children (in English) • Reports on specific issues related to the rights of women and children (such as education or health) • Women's Journal (in Mon and Burmese) • Women's Empowerment Workshops Contact Address: WCRP Southern Burma P. O. Box 11 Ratchburana Post Office Bangkok, THAILAND 10140 E-mail: [email protected] Human Rights Foundation of Monland (Burma) The Human Rights Foundation of Monland (HURFOM) - Burma is a non-governmental local human rights organization formed in 1995 by Mon students, Mon youth and community Leaders displaced from Mon areas in the lower part of Burma (or Myanmar). The main aim of HURFOM is to work for the restoration of human rights, democracy and genuine peace in Burma. HURFOM's main activities are human rights advocacy and education to achieve the abovementioned aim. The objectives of HURFOM are: • To monitor the human rights situation in Mon territory and the southern part of Burma • To protect and promote internationally recognized human rights in Burma HURFOM produces a monthly publication The Mon Forum, and distributes information on the human rights situation in Mon areas and the southern part of Burma to the international community to raise international awareness in order to protect human rights in Burma according to international human rights principles. Contact Address: HURFOM , P. O. Box 11, Ratchburana Post Office, Bangkok, THAILAND 10140 E-mail: [email protected]

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Contents Executive Summary Introduction Background The Mon in Lower Burma Five decades of civil war Role of women in Mon society Analysis of findings Context of rape cases Rape and sexual slavery as punishment for being "rebel supporters" Rape during conscription of women for "entertainment" Military "Fashion and Beauty Show" Conscription of women for sexual slavery in army bases Rape during porter service Rape during forced labour Rape caused by increased military deployment and land confiscation Continuing impunity for military rapists What happens to victims? Community responses to rape Physiological and psychological effects of rape Forced to migrate to other areas of Burma Forced to migrate to Thailand Conclusion and recommendations Appendix 1: Summary of cases of sexual violations Appendix 2: Detailed cases of sexual violations Appendix 3: Interviews with women who fled from villages where women were forced to take part in SPDC “Beauty and Fashion Shows”

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Executive Summary This report exposes the ongoing and increasingly brazen use of sexual violence by Burmese Army troops in Mon areas of Burma. This is despite the ceasefire between the main Mon political party, the New Mon State Party, and the Burmese military regime, the State Peace and Development Council (SPDC) since 1995, and despite the regime's repeated denials during the past few years that its troops are practicing systematic sexual violence. The report details 37 incidents of sexual violence against 50 women and girls, aged 14 to 50 years old, and reveals evidence of widespread conscription of women into sexual slavery by Burmese Army troops. Since many women are unwilling to reveal that they have been raped owing to fear of stigma and reprisals by the army, detailed information has only been collected about a small portion of the actual number of women who have been raped. The report corroborates the findings of earlier reports on sexual violence in Shan and Karen States, showing the use of rape as a strategy of control by the junta’s troops, and revealing a pattern of abuse that provides strong evidence that rape has become systemic under military rule in Burma. The lack of rule of law and climate of impunity for military rape have caused SPDC’s troops to become increasingly emboldened in their acts of sexual violence. Many rapes took place during military operations against armed groups still active in southern Burma, such as the Karen National Union and a Mon splinter group; SPDC troops gangraped, beat, kicked, slashed and killed women as "punishment" for supporting rebel groups. However, sexual violence is not only occurring in areas of conflict, but in "peaceful" areas under full SPDC control. The SPDC has deployed 20 more battalions in the southern Mon area since 1998; these troops have seized land from local villagers and forced them to work on military plantations and guard infrastructure projects such as gas pipelines. The increased troop presence has caused increased incidents of rape of local women. During operations in 2003-2004 against rebels in southern Ye township, SPDC troops brazenly conscripted scores of "comfort women" from nearby villages, who were forced to work for the troops by day and were forced into sexual slavery at night. They also forced about 30 young women, including schoolgirls, to stay at their base and take part in a military "fashion and beauty show." Over half of the documented cases of rape were committed by military officers, often in front of, or together with their troops. Many of the rapes took place in the women's homes or in other villagers' houses, frequently in the presence of other family members. In contrast to the SPDC's claim that "effective action is taken against those who commit rape according to the existing laws of the Myanmar Armed Forces," in none of the cases in this report was legal action taken against the perpetrators of sexual violence. In most cases, the community leaders did not dare to report the incidents of sexual violence to the military battalion commanders for fear of reprisals. Those that did were scolded, beaten or threatened to be killed. In one case complainants were forced to sign a written statement pardoning the rapist. Significantly, half of the rape cases documented in this report took place after June 2002, when the Shan report "Licence to Rape" first drew international attention to the Burmese regime's use of sexual violence, and UNGA resolutions on Burma began highlighting the issue. Burmese Army troops have therefore continued to flagrantly commit sexual violations

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in Mon areas precisely while the regime has been denying to the world that this practice exists. It is evident that political reform is urgently needed to address the problem of military rape in Burma. Unless the system of impunity for military rape is ended, and the political problems relating to equal rights for ethnic peoples and the restoration of democracy in Burma are solved, the culture of violence will continue to escalate, and the suffering of all civilians including women and children - will continue. Recommendations The (Mon) Woman and Child Rights Project – Southern Burma (Myanmar) in collaboration with the Human Rights Foundation of Monland (HURFOM) make the following recommendations: To the State Peace and Development Council (SPDC) 1. To immediately stop its militarization program throughout Burma, implement a nationwide ceasefire and withdraw all Burma Army troops from the ethnic areas; 2. To fully implement the resolutions on Burma adopted by the UNCHR since 1992. To the Royal Thai Government 1. To provide protection and allow humanitarian assistance to civilians who have fled from human rights abuses (and not just "armed conflict") in Burma, and allow UNHCR to extend its activities for the protection of the refugees from Burma who suffer from systematic persecution; 2. To continue the RTG's efforts for democratization in Burma by coordinating with Burma's immediate neighbours and other ASEAN countries, to demand that the SPDC hold genuine political dialogue with the pro-democracy opposition, including the National League for Democracy (NLD) and United Nationalities Alliance (UNA), and non-Burman ethnic nationalities. To members of ASEAN: 1. To raise the issue of state-sponsored sexual violence in Burma with the SPDC, based on its obligations under the Declaration on the Elimination of Violence Against Women in the ASEAN region which was signed by SPDC on June 30, 2004; 2. In order to end state-sponsored sexual violence, to use economic and diplomatic means to pressure the SPDC to begin a process of meaningful political reform, and to actively support the efforts of the UN and other key stakeholders to achieve peace, human rights and democracy in Burma. To the international community: 1. To call for UN bodies to authorize comprehensive sanctions against the regime including an arms embargo until genuine democratic reform takes place in Burma 2. To coordinate with Burma's regional neighbours, particularly ASEAN members, to pressure the SPDC to begin a process of meaningful political reform, which will lead to a restoration of democracy and the rule of law.

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Introduction This report was compiled by the ‘documentation program’ of the (Mon) Woman and Child Rights Project (WCRP) – Southern Burma documentation program, with the help and collaboration of the Human Rights Foundation of Monland (HURFOM). Since the WCRP was set up in 2002, it has constantly monitored the rights of women and children in the southern part of Burma (Pegu Division, Mon State, Karen State and Tenasserim Division), with the objective of exposing continuing violation of their rights by the current military regime in Rangoon (Yangon), the capital of Burma (Myanmar), even after it ratified CEDAW and CRC. During the course of five decades of civil war in Burma, the government troops have used rape as a punishment to stop the ethnic communities from supporting the ethnic rebels. However, few records of rights violations were kept in the past and the people in the rural areas had also become accustomed to the violations. The growth of local human rights groups and civil society organizations along the ThailandBurma border after the 1988 pro-democracy uprising in Burma, has led to increased documentation of human rights violations, including rape. In 2002, the Shan Human Rights Foundation and Shan Women’s Action Network (SWAN) produced the report ‘Licence to Report’ that compiled information about rape cases committed by Burmese Army troops against women in Shan State between 1996-2001.1 In 2004, the Karen Women's Organisation published "Shattering Silences," documenting incidents of rape by the Burma Army in Karen areas.2 To provide evidence that similar patterns of sexual violence are occurring in Mon areas of Burma, the WCRP has during the past few years been compiling cases of rape by the SPDC military. Some of these have been documented by the HURFOM and included in its monthly publication, “The Mon Forum”. Some cases have already been released by local Mon media groups, such as the Independent Mon News Agency and Kao Wao News group, which have conducted interviews with witnesses, or sometimes directly with rape survivors. Some of the cases were also included in the report "System of Impunity" by the Women's League of Burma in 2004, which documents systematic sexual violence perpetrated by the regime's armed forces and authorities throughout Burma.3 WCRP has verified all the cases of sexual violations which are included in this report, conducting its own interviews with rape survivors and witnesses, and relying also on written records from local SPDC authorities and sources close to the New Mon State Party. WCRP’s and HURFOM’s human rights documentation workers travel not only in Mon areas, but also often pass through Karen ethnic areas and receive information on sexual violations against Karen women. Therefore, this report also includes information about rape cases against Karen women (not included in "Shattering Silences"). WCRP encountered various difficulties in compiling information for the report. Owing to the strong feelings of shame associated with rape, village leaders, community members and the rape survivors often try to keep information of sexual violence to themselves. Villagers also 1

The report can be viewed at http://www.shanland.org/shrf/License_to_Rape/license_to_rape.htm 2 The report can be viewed at http://www.karenwomen.org/Reports/SHATTERING%20SILENCES.pdf 3 The report can be viewed at http://www.ibiblio.org/obl/docs3/SYSTEM_OF_IMPUNITY-1.doc

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fear repercussions by the Burmese Army if news of violations in their area is publicized. In December 2003, local SPDC battalions ordered hundreds of villagers from two Mon villages to stand in the midday sun for up to 6 hours in punishment for news of forced recruitment of porters by the Burmese Army being broadcast from the Democratic Voice of Burma on December 22, 2003. WCRP has therefore not included the real names of women or villages in the detailed cases of sexual violence, except in cases where the women have been killed.

Background The Mon in Lower Burma The Mon, members of the Mon-Khmer language family, were the first people to migrate to Burma from China, arriving in Burma over 2,500 years ago. Later, as the Burman people migrated to Upper Burma, the Mon gradually moved down to the southern part of Burma and reached the Andaman Sea4. The Mon people had water and inland communication with India for several hundreds of years and developed close trade links with India. They also had similar links with Sri Lanka. Thus, the Mons brought culture, customs, administrative systems and other traditions from India, and they also received Buddhism from Sri Lanka in the 2nd Century BC5. The Mon people established a kingdom in the southern part of Burma which lasted for several hundred years. They enjoyed an advanced administration system6, and developed their own unique culture, literature, agriculture, architecture, etc. Their civilization was based on Buddhism, and they also spread Buddhism to neighbouring countries. Five decades of civil war The start of Mon resistance In 1947, when the British Government offered independence to Burma after nearly 100 years of rule in southern Burma, the Mon political leaders demanded ethnic rights for the Mon people. These demands to the Burman leaders -- to maintain Mon literature and culture, and to form a ‘Mon Council’ representing the Mon people -- were rejected. After Burma’s independence on January 4th, the new democratic government of Burma cracked down on Mon political activities, assassinating Mon leaders, arresting and detaining them, and burning down their villages7. As a result, the Mon had no choice but to take up arms like the Karen against the Burmandominated government. During the early days of armed resistance, the Mon National Defense 4

The Mon: A People Without A Country by the Mon Unity League: “the Mon people arrived into Burma probably between 2500 and 1500 BC. They are close cousins of the Khmer in Cambodia.” 5

The Mon: A People Without A Country by the Mon Unity League: The ancient monastic settlement near a Mon State town, Thaton, was founded by Indian Emperor Asoka’s missionaries, which was mentioned in early Ceylonese (Sri Lankan) records as being represented at a great religious synod held in Ceylon (Sri Lanka). 6

The first strong Mon kingdom in Burma was well-known as ‘Suwannabhumi’, The Golden Land, and it was situated near Thaton, in the northern part of Mon State. 7

Two Mon leaders from Mon Freedom League (MPF): Nai Maung Maung Gyi and Nai San Thu, were assassinated by the soldiers of Burmese Army, and Nai Shwe Kyin was arrested by the government and imprisoned for two years. Some Mon villages in Pa-an Township in Karen State were also burned down by the Burmese Army.

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Organization (MNDO) and Karen National Defense Organization (KNDO) were involved in fighting against the Rangoon government. Democratically elected governments in Rangoon were also unsupportive of political negotiations and increased the size of their armed force, the Burmese Army (BA), intensifying the war against the Mon and Karen ethnic armed resistance groups. From 1948 until 1962, during the civil war against the Mon and Karen ethnic nationalities, human rights violations such as forced relocation, destruction of village communities, assassination of political leaders, summary killing and detention, occurred. Sexual violations against Mon women in the rural areas of southern Burma by the troops of Burmese Army also occurred, according to elderly people who had experience of that period. Intensification of civil war under Burmese military rule The civil war gave the Burmese Army the opportunity to build up its forces under the leadership of Gen. Ne Win8. In early March 1962, Gen. Ne Win seized political power from the democratically elected government, having built up a strong army. The army then detained hundreds of Burman and non-Burman political leaders in order to abolish democratic institutions entirely. The Burmese Army intensified its military offensives after its seizure of political power. From 1962 until 1970, the Burmese Army continued to expand, adopting a policy to crush all rebellion in the frontier areas. From the 1970s until 1988, the Burmese Army adopted a "four-cuts campaign" to cut civilian support (food, funds, intelligence and recruits) to the rebel armed forces. Under this ‘four-cuts campaign’ thousands of ethnic civilians in the remote areas or village communities were forced to move into the Burmese Army’s designated ‘concentration or relocation camps’ along motor-roads and near military bases, or into villages under firm Burmese Army control. During this campaign, the troops of the Burmese Army killed large numbers of civilians, burnt down their villages, forced the villagers to move without warning, destroyed food belonged to civilians, and ethnic women were raped as ‘punishment’ because they belonged to the same ethnic group as the rebel organizations. Post-88 offensives and the Mon ceasefire In late 1988, after killing thousands of pro-democracy demonstrators in cities and towns, the Burmese Army under the name of the ‘State Law and Order Restoration Council (SLORC)’ reasserted political power. The Burmese Army then carried out a series of major military offensives against the ethnic armed forces along the borders with neighboring countries. After the uprising thousands of students, civil servants, Buddhist monks and civilians had fled to the border areas under the control of ethnic armed groups. The pro-democracy opposition and ethnic political parties were then able to establish alliances or political fronts. The Burmese Army's offensives aimed to suppress these political activities. During these offensives, the troops of the Burmese Army used more terror campaigns against the ethnic people in the rural areas. In 1995, the Burmese Army had almost completely seized control of the border bases that had previously been occupied by the ethnic armed groups.

8

Some Burman dominated political parties during the parliamentary era from 1948 to 1958 had fully supported the Generals in the Burmese Army to increase the number of troops and crush all armed struggle conducted by non-Burman political armed groups in the border areas.

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In mid-1995, the main Mon political party, the New Mon State Party (NMSP)9, agreed to a ceasefire with the SLORC. Increased Burmese Army deployment, forced labour and land confiscation in Mon areas After the NMSP ceasefire, the Burmese Army troops took the opportunity to increase military deployment into Mon areas. Since 1998, the Burmese Army has deployed over 10 Light Infantry Regiments or Battalions and an additional 10 Artillery Regiments in the southern part of Mon State especially in Thanbyuzayat and Ye Townships10. The Burmese Army cited ‘the possibility of foreign invasion’ as the reason for setting up strategic positions along the ThaiBurma border in defense of its sovereignty11. This has enabled Burmese Army troops to move closer and closer to NMSP-controlled areas, which had been agreed upon by both parties as ‘permanent ceasefire zones.’ As more Burmese Army battalions have been established in Mon areas, the troops have increasingly been forcing local villagers to work without pay on their army bases, constructing and maintaining the barracks, digging bunkers and trenches and erecting fences. Villagers have also been conscripted at the bases to make food, and fetch water and firewood for the troops. On top of this, the Burmese Army has been confiscating land from local farmers, and forcing villagers to work on these confiscated farms in order to raise income for their troops. l During the NMSP’s ceasefire talks in 1995, the military regime promised to discontinue the use of forced labour, but these promises were not kept. Under the name of its border area development project, the regime (renamed the State Peace and Development Council of SPDC in 1997) built the 110-mile-long Ye-Tavoy railway that connected Mon State and Karen State, and the Burmese Army conscripted hundreds of thousands of local ethnic Mon, Karen and Tavoyan villagers to contribute their labour until February 199812. Since the conscription of forced labour was ongoing, local Mon villagers became dissatisfied with the ceasefire agreement and a new Mon armed group, which did not have a proper political agenda and structure, rose up to fight against the Burmese Army. The Burmese Army’s command in southern Burma apparently felt that this small Mon splinter group could obstruct its military deployment in the area, as well as development projects such as the Yatana gaspipeline.13 They therefore carried out military operations against the Mon splinter group beginning in late 1997. 9

The New Mon State Party (NMSP) began resistance against the Rangoon government in 1958, after the surrender of the initial Mon political party, the Mon People Front (MPF) to the central government. The NMSP was founded by the prominent Mon leader, Nai Shwe Kyin. 10

NO LAND TO FARM: A comprehensive report on land confiscation in Mon State produced by the Human Rights Foundation of Monland (HURFOM) describes how the military regime, SPDC, confiscated about 8,000 acres of land belonging to the Mon people, especially in Ye Township of Mon State in order to deploy new Burmese Army battalions during the period 1998-2002.

After the Depeyin massacre on May 30th 2003, the local Burmese Army commanders in Mon State gave speeches in the basic military training schools during late 2003 predicting a possible foreign invasion of Burma like American’s invasion of Iraq. 11

12

Reports on the conscription of forced labour in construction of the Ye-Tavoy railway have been published by the Mon Information Service (MIS) and the monthly publication of the Human Rights Foundation of Monland (HURFOM), The Mon Forum, during 1995 to 1998. 13

The multinational oil & gas companies UNOCAL (United States) and Total (France) constructed the 220-mile-long ‘Yatana Gas Pipeline’ in the area with security and protection provided by members of the Burmese Army. The gas pipeline crosses from the sea 65 miles inland through Tenasserim Division to reach the Thai border. By selling gas to Thailand, the current military regime receives about 400 Million US $ annually.

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Thus, while enforcing restrictions on movement of the NMSP and its armed faction, MNLA, after the 1995 ceasefire, the Burmese Army carried out full-scale military operations against the Mon splinter group and the Karen National Liberation Army (KNLA) in the southern part of Burma. Effects of the civil war and militarization on women and children In operations by the Burmese Army against resistance forces, the Burmese troops commonly target non-combat ethnic civilians in rural areas, including women, who they suspect of being relatives or wives of members of the rebel groups. For five decades, the women have suffered from summary executions, cruel and inhumane treatment, summary detention, and sexual violations including rape. The Burmese Army has deliberately destroyed Mon villages which it suspects of being "rebel bases", causing women and children to become homeless. Normally, when the troops of Burmese Army approach an ethnic village, the men flee, leaving only women, elderly people and children in the villages. When the troops of the Burmese Army shoot into villages with artillery shells, the victims are more often than not minors. For several decades, the Burmese Army has also targeted the educational institutions of non-Burman ethnic nationalities; there has been repeated evidence of burning down of ethnic schools providing education to boys and girls in the rural areas Due to the increased Burmese military deployment in the southern part of Mon State during the past decade, women who live near the newly deployed military bases have suffered increasingly from sexual violations and many types of harassment. When conscripted to do forced labour for the troops, they are also particularly vulnerable to abuse. The ongoing human rights violations have caused many ethnic villagers in rural Mon areas to become displaced. Displaced women in hiding are vulnerable to killing, rape and torture if the Burmese Army troops discover them in jungles or forests or other hidden places. Furthermore, during displacement, the local villagers cannot get easy access to food supplies, medical care and other necessities. Many ethnic villagers, including women, have fled to the Thai border to seek refuge. According to a report produced by an international relief agency, the Thailand Burmese Border Consortium (TBBC), there are over 150, 000 ethnic refugees in Thailand’s refugee camps and over 600, 000 people who are Internally Displaced Persons (IDPs) in Shan State, Kayah (Karenni) State, Karen State, Mon State and Tenasserim Division14. Publicity gained by reports about the Burmese military's systematic use of sexual violence against women in ethnic areas during the last few years has strengthened demands for increased international pressure against the regime. Sexual violence has been an issue at all recent UN forums relating to Burma. The UN Special Rapporteur on Human Rights in Burma has raised the issue in each of his special reports to the UNGA since 2002, and the UNGA Resolutions since 2002 on the situation of human rights in Burma have also raised the issue. However, efforts to increase pressure on the regime over the issue of sexual violence have been undermined by the fact that UN agencies and international organisations based in Burma have chosen to keep silent on systematic human rights abuses by the junta’s troops, including sexual violence. Furthermore, the Association of South East Asian Nations (ASEAN), of which Burma is a member, has also kept silent in the interests of diplomatic and economic relations, although ASEAN issued a Declaration on the Elimination of Violence Against Women in June 2004.

14

Thailand Burma Border Consortium (TBBC) report: “Internal Displacement and Vulnerability in Eastern Burma, October 2004.

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Role of women in Mon society Traditionally, Mon society is male-dominated, like other communities in Burma. This is partly due to the influence of Buddhism, as only men can become monks, who play a leading role in communities in the maintenance of the religion and also of Mon literature and culture. At the same time, men were usually the main family breadwinners, working in farms and orchid plantations, etc. Since all family members mainly relied on the income from crop production in farms, the heads of the families – men – had the main role in the decisionmaking process in families. It was felt that women’s main responsibilities were in the kitchen and with their families. Women were expected to respect their husbands and spend most of their time at home. These centuries-long cultural norms meant that women themselves tended to accept that they should not play any role in decision-making processes in the community. However, owing to the deterioration of the economy under military rule, the role of women has been changing. Nearly all Mon families have their own paddy-growing farms and orchid plantations and the men take responsibility to produce crops and seek income. However, after the start of military rule in Burma in 1962, government authorities collected heavy taxes on crops, causing the majority of Mon people, who are traditional farmers, to face economic hardship, like many other farmers in the whole country. Both married and unmarried women in Mon communities have therefore increasingly been seeking various forms of employment outside their homes in order to earn income and help their parents and families. Many Mon women who cannot find work in their homes or villages or towns have been forced to migrate to neighbouring countries for work. Many of them are working for Thailand’s fishing industries, construction firms, and agriculture industries where the Thai employers need manual labourers Even though more women have been working outside their homes and communities, their increased economic role has not yet been reflected in greater access to decision-making processes in their communities. Women continue to shun the public sphere, and are reluctant to raise issues such as sexual violence publicly. Thus, women who have suffered sexual violence tend to keep silent and feel too ashamed to expose the incidents even to their parents or other women15. It is thus certain that many sexual violations remain hidden.

Analysis of findings This report contains documentation of 37 incidents of sexual violence committed by Burmese Army troops and authorities against at least 50 women and girls in Mon areas between 1995 and 2004. A third of the cases took place recently, in 2004. The age range of the women suffering sexual violence was from 14 to 50 years old. Eleven were girls under the age of 18. The incidents occurred in Ye and Thanbyuzayat townships of Mon State, Kya Inn Sei Kyi and Pa-an townships of Karen State, Yebyu township of Tenasserim Division and Pegu township in Pegu Division, involving officers and troops from 20 different battalions. These are mostly areas where armed resistance groups, such as the KNU and a Mon splinter group have continued to operate.

15

Sexual violations against women by villagers in rural Mon villages are quite rare. Traditionally, men consider women in their communities as their ‘sisters’ and if a man is involved in rape and the case is exposed, the entire family or the relatives of the rapist will feel great shame.

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The report corroborates the findings of earlier reports on sexual violence in Shan and Karen States, showing the use of rape as a strategy of control by the junta’s troops, and provides strong evidence that rape has become systemic under military rule in Burma In many cases, rape was committed as “punishment” to local women for allegedly supporting the rebel armies. These incidents of sexual violence frequently involved extreme brutality, including beating, kicking, slashing with knives and scalding with hot water, sometimes resulting in death. Evidence of the Burmese Army’s open endorsement of sexual violence in Mon areas is the recent trend, during 2003-2004, to recruit scores of “comfort women” from local villages in southern Ye township for purposes of sexual slavery, and also to openly stage a “fashion and beauty show” involving sexual molestation of about 30 young women at an army base. The fact that in over half of the cases the rapes were committed by military officers, often in front of, or together with, their troops, shows that these officers were confident that they could get away with their crimes because they are above any existing domestic laws. Many of the cases of sexual violence occurred in the women’s homes or in other villagers’ houses, frequently in the presence of other family members, again indicating that the troops have become so emboldened that they feel no fear or shame at being witnessed committing rape. This is in blatant contradiction to the regime's claims that "From the point of view of tradition and culture as well as religion rape is totally unpardonable".16 There is continuing impunity for military perpetrators of sexual violence. In only eight cases, did village headmen and community leaders dare to report the incidents of sexual violence to the SPDC battalion commanders concerned, but no legal action was taken against perpetrators. In only one case were the perpetrators (members of the local pro-government militia) dismissed, but not otherwise punished. Complainants were beaten, threatened to be killed, and forced to sign written statements retracting the complaints. Owing to the climate of impunity for military rape, sexual violence is not only taking place in areas of conflict, but also in "peaceful" areas fully under SPDC control. The SPDC has deployed 20 more battalions in the southern Mon area since 1998. These troops have confiscated land from local villagers and forced them to work on military plantations and guard infrastructure, which has caused increased incidents of rape of local women.

Context of rape cases Rape and sexual slavery as punishment for being “rebel supporters” The context of the civil war continues to be used as justification by the Burmese Army troops for committing gross human violations, including rape, against local villagers as a means of terrorizing and exerting control over ethnic populations, to prevent them supporting ethnic resistance groups. In spite of the fact that the NMSP reached a ceasefire agreement with the regime in 1995, and only small pockets of armed resistance remained in Mon areas, the SPDC has not desisted in terrorizing local ethnic peoples it suspects of supporting the resistance. As a result, local civilians, both men and women, have been arrested and interrogated under torture by Burmese soldiers about their contacts with the rebels. In the case of women, methods of torture included rape. In ten of the cases documented in this report, women or girls were raped by Burmese Army soldiers who accused them or their family members of giving support to the ethnic rebels 16

Myanmar Information Committee, Information Sheet No. D-3160 (l) September 10, 2004

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An instance of rape being used together with other forms of torture to extract confessions from two Karen girls, took place in October 1999 in Kya-Inn-Seikyi township. The Burmese soldiers arrested 12 villagers including two women.(...) Naw B-- B-- (16 years old) and Naw M-- K-- (17 years old). These two women were married and their husbands had fled from the village to avoid being arrested by the Burmese soldiers. Thus, the soldiers said their husbands were Karen soldiers… First, after beating during interrogation, the soldiers raped these two women repeatedly. As the women denied their husbands, were rebel soldiers, the soldiers also cut Naw B-- B--‘s breasts with a knife. Because of this serious injury, the woman lost consciousness. The soldiers also poured hot water into Naw M-- K--‘s nose. Her whole face was burnt with hot water and her skin was severely damaged. Her face became totally red and severely painful. Naw M--K-- had a four-month-old baby and although she asked to feed milk to her baby, the soldiers did not allow her. Her hungry baby cried for the whole day. (Case no. 7) In another instance a 50-year-old Karen woman accused of taking rice to rebel soldiers was killed after being gang-raped by SPDC troops in August 2000: They accused her of sending food to the rebel soldiers. She denied this and said she had just got back from her farm, but the soldiers did not believe her. Then, a group of soldiers raped her one by one. Then, accusing her of being a relative of the rebel soldiers who made military attacks against them in the area, they killed her by stabbing her with army knives. (Case no. 11) In several cases occurring more recently, in 2003 and 2004, after the arrest of women or girls on the allegation of links to “rebel supporters,” they were kept for periods of days up to several months for the sexual pleasure of the soldiers. One 14-year-old girl arrested in September 2004 on the accusation that her father had contact with Mon rebels was gang-raped for several days (case no. 35). In another incident, four young women were arrested in October 2004 on suspicion of having contact with rebel groups, and then gang-raped repeatedly for several days by commanders and soldiers in the local army base (Case no. 37). One 20-year-old woman who was 5-6 months’ pregnant, was arrested after her father had been detained (and later killed) on the accusation of being a rebel agent. She was kept as a comfort woman by the troops of LIB 586 for two months (Case no. 22): She was brought by the Burmese soldiers of LIB No. 586 and repeatedly raped by both officers and soldiers. She was mostly gang-raped by the soldiers when they launched a military operation. She was brought from one place to another by the soldiers and they raped her at night time. She was not fed with sufficient food and could not sleep for several nights… She said that she had asked the soldiers to kill her instead of raping her, but they continuously raped her. She delivered her baby prematurely after only eight months when the troops arrived at a Mon village, Yinye, about 5 kilometers from her village. After she delivered the premature baby, she was taken care of by the villagers. Rape during conscription of women for “entertainment” Recently, during the Burmese Army South-East Command’s military offensives against a Mon splinter group from December 2003 until May/June 2004, the Burmese Army systematically conscripted women for entertainment purposes, similar to the Japanese Army’s practice of conscripting ‘Comfort Women’ during WWII17. 17

The Mon Forum, February 2004, Report: Terror in Southern Part of Ye Township – Part II

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Military “Fashion and Beauty Show” There is no local tradition of holding fashion shows or beauty contests in Mon areas. However, in December 2003, the No. 3 Tactical Command led by Brigadier Myo Win ordered 15 villages in the southern part of Ye township to provide 2 to 4 pretty young unmarried Mon women to take part in a “Fashion and Beauty Show”, to be held in Khaw-za village, where the No. 3 Tactical Command was based. Brigadier Myo Win, recently appointed from the Southeast Command in Moulmein, the capital of Mon State, organized the fashion show, and said it was to celebrate the 46th Anniversary of Burma’s “Independence Day” on January 4, 200418. Selection process Village headmen were ordered to provide young Mon women aged between 17 and 25 who were slim and tall (over 5 feet 6 inches) to take part in the show. Schoolgirls were also ordered to be recruited, if they were in 8th standard or above. Local military personnel were involved in the selection process, scouting out attractive-looking local girls and instructing the village headmen to include them in the show. As explained by a 20-year-old woman from Kyone Kanya village who was chosen to participate: Because of my appearance (tall with a fair complexion), the Burmese Army commander and the soldiers, and the headman of the village, ordered me to participate in the “Beauty and Fashion Show” to be held by the Burmese Army in Khaw-za village. (Appendix 3, Interview #1) The villages that were forcibly ordered to send young women to the show are as follows: 1) Khaw-za 2) Toe-tat Ywa-thit 3) Yin-ye 4) Yin-dein 5) Kabya-gyi 6) Kabya-wa 7) The-kon 8) Kyone-kanya 9) Mi-htaw-hla-kalay 10) Mi-htaw-hla-gyi 11) Magyi 12) Kyauk-I 13) Tayoke-taung 14) Shwe-hinda Ywa-thit and 15) Khaw-za Chaung-wa Villages which failed to provide young women for the Fashion and Beauty Show were liable to a fine of 150,000 kyat. Many of the young women ordered to take part in the shows fled from their homes to avoid having to participate. In cases where the selected women fled from the villages, the village headmen were fined by the local commanders. The headmen collected money from all the families in the village, with the parents of the selected women sometimes being forced to pay more. In some villages, when the headmen could not find enough young women to take part in the show, they had to hire women from elsewhere to fill their quota. Another two girls from my village were selected to be involved in the fashion show against their will. As the Burmese Army commander had requested four girls to be involved in the fashion contest, the village headmen had to find two girls from town

18

Burma regained her Independence from Britain colony on January 4, 1948.

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(Ye Town) to take part in the fashion show. The villagers had to pay to hire these women. (Appendix 3, Interview #3) If the women chosen did not meet the approval of the Burmese Army troops, the village headmen were forced to choose other women. During December 2003 and January 2004, out of a total of about 400 displaced Mon villagers who arrived at Halockani Mon Refugee Resettlement Camp from southern Ye township, many were young women who had fled with or without their parents to escape from participating in the Fashion and Beauty Show. About 80% of these displaced villagers then crossed the border into Thailand to seek work19. “Catwalk” at the army base Prior to the actual beauty contest, the selected girls from each village were forced to spend several days and nights at the SPDC army base near Khaw Za, to practice on a “catwalk” in front of the army personnel. The girls were ordered to parade in front of the officers and troops, and some who looked too young were sent back to their villages. “They were asked to live in the battalion for 3 days and 2 nights. During these days, the ladies were asked to rehearse on a “Catwalk” in front of them (the commander and soldiers in the battalion base) and later the commander released 2 of 4 selected girls because of their ages. These two girls were between 8th and 10 standard in their high school classes and even though they were pretty, their physical appearance was still young.” (Appendix 3, Interview #2) While on the “catwalk” in front of the soldiers, the young women were sexually molested: “According to the selected girls, they had to go on a ‘catwalk’ in front of the army commanders for hours. If the commanders were not satisfied, they were forced to keep walking. The commanders also came and touched their bodies and pulled at their clothes during the rehearsal.” (Appendix 3, Interview #3) As well as parading in front of the soldiers, the women were forced to do other kinds of work while staying at the army base, and at night were forced to “entertain” the officers: “The young women were forced to do work in the army bases, such as by cooking, carrying water and finding food for them during these rehearsal days. At night-time, they were also forced to entertain the officers of the battalion such as by massaging them, especially the commander of the battalion. Nobody knows exactly who was raped by the officers and soldiers.” (Appendix 3, Interview #2) It was reported that about 30 women in total were forced to stay at the army base prior to the fashion show. The show itself was held on January 4, 2005 at the Khaw-za Army Base. During the show, the selected women were made to parade on stage and pose in a number of ways. Finally the winners were chosen and awarded with small prizes. Conscription of women for sexual slavery in army bases During the military operation in southern Ye township, Burmese Army units setting up temporary bases in villages would request the headmen to provide them with several young 19

Accordingly to the estimation of the village leaders who arrived at the border area, nearly 25% of the total population in the area have left from their native villages and become displaced.

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women every day for entertainment purposes, as well as to do menial tasks for them. The villages affected were the same as those from which women were ordered to take part in the "Fashion and Beauty Show." According to a village headman from Kyone-kanya village, who fled to a Mon refugee resettlement camp in the second week of February 2004: They (the commanders and soldiers) asked for 3 women every day to stay (for 24 hours) at their bases. Their (temporary) bases are normally in a good house in a village or in a school close to a village. Soon after they set up their base, they asked for a television, a CD player and a generator. We had to find CDs for them to sing songs and gasoline for generators. They took 3 women, married or unmarried, every day. They said they wanted only women under 30 years old. In their bases, they forced the women to sing songs, serve liquor to them, feed them with food, give them a massage at nighttime, and at daytime, they forced them to do work such as cooking food, carrying water, and finding fire-wood. They also threatened the women that if they fled, they would be killed. After one night and one day, we had to send another 3 women. At first, I refused to send women to them. Then they beat me severely and said that if I didn’t obey their orders, they would kill me. Therefore, I was afraid and had to approach the community women to send the women. … After the (karaoke and drinking) party, the officers took the beautiful women and raped them This headman said that about eighteen women from his village alone were forced to go to the military base to sing karaoke songs during the night with the military officials, while some village leaders were asked to participate in giving presents to the women. He said he did not know exactly how many women had been raped, but thought that about sixty percent of the women who were forced to stay the night in the military bases were probably raped by SPDC troops. While serving the troops, the women were forced to drink Black Label whiskey or alcohol mixed with Star Cola juice, so that they would become drunk and more easily raped. One of the women, 23 years old, who was raped in this way (case 23) explained that attractive women were called again and again by the soldiers to sleep in their bases, not on a rotation basis. Some of the women who had participated in the January 4 Independence Day ‘Fashion and Beauty Show’ had then repeatedly been ordered by local officers to stay at their bases at night time. Some parents who lied that their daughters were not at home when Burmese Army personnel arrived to take the women, were forced to buy expensive foreign produced liquor like Black Label, worth about 25,000 Kyats (25 US dollars) in Burmese currency as a punishment. Rape during porter service Several incidents of rape documented in this report took place in the context of the Burmese Army’s practice of forcible conscription of porters. During the course of the civil war in Burma, the Burmese Army troops have constantly recruited local ethnic civilians to carry food supplies and ammunition for them without payment. In areas where the SPDC and the Burmese Army exert full or partial control, village headmen are ordered to take responsibility for arranging porter recruits. But in most ‘black areas’, where the Burmese Army has no control, the Burmese Army troops will arrive without warning in villages and arrest villagers, usually men, as porters. As a result, men in

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such areas often flee in advance when they hear that Burmese Army troops are approaching their villages. This means that the women remaining in the village are vulnerable to be conscripted as porters instead, or to suffer violations committed by the Burmese Army troops. In one case in this report, a woman was killed when resisting attempted rape after most of the men in her village had fled from a Burmese Army patrol (Case 5). In June 1999, when IB No. 25 troops entered Maw-khani village, Yebyu Township, Tenasserim Division, all the men in the village except elderly people fled to escape being taken as porters. Some soldiers also climbed into many villagers’ houses and looted belongings and attempted to rape women. When a low ranking commander, Corporal Myo Myint, tried to rape Mi M-- (25 years old), she refused and fought against him. He lost his temper and killed her by stabbing her with his army knife. She died on the spot. When women are taken as porters, they are expected to carry heavy loads during the day like men, and at night have to fear sexual violence by the Burmese soldiers. In the following case, 4 young Mon women suffered gang-rape while being forced to be porters in April 2000 (Case no. 9): The soldiers seized 13 ethnic Mon women in the village…The age range of these women was between 23 and 60 years old, some married and some unmarried. The soldiers took these women for porter service in their military patrol for three days and three nights. During porter service, the soldiers forced the women porters to carry about 25 kilograms of ammunition or food supplies and forced them to walk for the whole day with that weight. When the women could not walk as fast as the soldiers, they shouted, beat and kicked the women porters, treating them like the male porters who had been seized from another village… After sunset, the soldiers grouped them in one place and let them sleep. After midnight, some soldiers came and pointed their guns at some young women and separated them from the group and some commanders raped them. Rape during forced labour Several cases of sexual violence documented in this report took place when women had been conscripted to do forced labour for Burmese Army troops. The SPDC has implemented a policy in recent years to create self-reliance in each battalion of the Burmese Army. Thus, battalions in Mon areas have been confiscating farmlands or taking possession of wild lands to create their own paddy-farms or rubber plantations or fruit gardens. In farming or cultivating crops, or planting fruit trees, the Burmese Army battalions force local villagers to do this work without payment. Women who work in these agricultural work places are vulnerable to be raped or gang-raped by the soldiers. In one incident documented in this report, a woman was raped in September 2000 while being forced with other villagers to work on a palm plantation for the local military battalion (Case no. 12): Among the 25 villagers (forced to work), there were 12 men and the remaining 13 were women. This group of villagers worked together in the plantation for three days. Their main work was to clear the grass, dig holes and plant small palm trees. On the evening of September 23, just before the villagers were due to return home, one of the women was raped.

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In the evening, at about 7 o’clock, after the group of villagers finished having dinner, the commander, Sergeant San Win told the group leader, Nai Maung Sein, that he would like to meet with Mi S-- H--, to give some tree plants to her. The leader said that it was night-time, so it was not good to meet with the woman and he suggested he should meet her the next day. However, the commander refused, so the group leader told Mi S-- H-- to meet the Sergeant and suggested that she take another girl to accompany her. When she arrived at the barracks, the commander ordered the other girl to stay outside the barracks, saying he wanted to meet only Mi S-- H--. Then the commander brought Mi S-- H-- to a kitchen building near the barracks, where he pushed her over and raped her. Not only are women being forced to work on military agriculture projects, they are also sometimes forced to guard railways, motor roads, gas-pipelines, dams and other government infrastructure projects in order to protect them from sabotage by rebels. The isolation of the guard outposts means that women conducting such duties are particularly vulnerable to sexual violence. One incident of sexual violence happened to a 17-year-old Mon woman forced to take guard duty in Ye Township in February 2003 (Case no 21): Mi M-- P--’s household was due to take the roster for guarding the railway line and the Kanbauk-Myaingkalay gas pipeline (near the same route), but her husband had gone fishing late in the evening and he had not returned home. Therefore Mi M-- P-took the roster on behalf of her husband. At about 12 pm, the Sergeant and one of his privates came to the hut where she was on duty. He said: “Women don’t have to perform this duty, so go home.” Then Mi M-- P-was taken along with them to return home. On the way, at Kyauk–tan village, the private walked ahead and the boss put his hand on her mouth, pushed her down and raped her. Rape caused by Increased Military Deployment and Land Confiscation “When there are more and more Burmese soldiers arriving into our areas, we feel this is more and more dangerous for our daughters and women” (Mon villager from Aru-taung village, Ye Township, Mon State) The increased deployment of Burmese Army troops in Mon areas since 1998, and the subsequent large scale confiscation of farmland by the military, has meant an increased risk of sexual violence for local women. This is because more Burmese troops have been deployed close to local communities in order to guard the confiscated farmlands. For example, in October 2001, after the Burmese Army’s South-East Command had recently confiscated lands in the northern part of Ye Township, Burmese troops from IB No. 61 in Ye town were deployed for a while in the area in order to guard the confiscated lands. One of the low-ranking commanders of these troops raped a local woman while returning drunk to his outpost one night (Case no. 14). Another incident of sexual violence took place after the deployment of new troops from LIB No. 587 near Kun-doo village in the northern part of Ye township, where many hundreds of acres of land have been confiscated from local villagers (Case No. 19): On July 8, 2002, three soldiers from LIB No. 587 arrested an 18-year-old Mon girl near Kun–doo village, and gang-raped her. (...)

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She and her two friends (a boy and a girl) had been paying a visit to Kun–doo village. When they returned to their home in XX village, in the evening at about 4 o’clock, they met those 3 soldiers. Fearing the soldiers, they turned back to Kun-doo village. However, the soldiers followed them and dragged Mi K-- H-- into a rubber plantation. Although the boy who was with her tried to stop them, the soldiers pointed their guns at him and threatened to kill him. Then the boy ran to XX village to ask for help from the villagers. The soldiers repeatedly raped Mi K-- H-- in the rubber plantation until she lost consciousness. When a group of villagers arrived at the scene, the soldiers had already left and they found only the unconscious and injured girl lying near a rubber tree. They then carried her back to the village. The threat of sexual violence has been one of the means used by local Burmese Army battalions to prevent villagers from harvesting rubber or fruit from the local plantations which have been confiscated from them. Following the confiscation by SPDC of thousands of acres of plantation land from Mon villagers during 1998-2003, some farmers and the New Mon State Party complained to the South East Command, and requested the return of the land or suitable compensation. The South East Command then agreed that the land owners would be allowed to collect fruit or tap rubber sap from their lands for three years as compensation. However, in reality, the land owners who are returning to their lands to harvest their crops are being faced by threats from the local soldiers. Some women or girls who tried to tap rubber sap early in the morning (from 1:00 a.m to 6:00 a.m.) have also faced sexual assault by the soldiers. Thus, the land owners are being denied even the concession to harvest the crops from their confiscated lands.

Continuing impunity for military rapists In contrast to the SPDC's claim that "effective action is taken against those who commit rape according to the existing laws of the Myanmar Armed Forces,"20 in none of the cases in this report was legal action taken against the perpetrators of sexual violence. In most of the cases documented in this report, community members or village headmen did not dare to complain to the local military authorities for fear of punishment. In only eight cases were the incidents of sexual violence reported to the SPDC military authorities, and in only one case was action taken against the perpetrators (members of the local pro-government militia), who were dismissed, but not otherwise punished. This shows clearly that the military authorities do not regard sexual violence committed by their troops as a serious crime. Instead of seeking to ascertain the facts surrounding reported incidents of rape, the military authorities in some cases scolded family members or community leaders who had reported the incidents and warned them not to pursue the cases (Cases no 2 and no 33). In one case the complainants were beaten (Case no. 4), and in another case, after the woman’s relatives and the village chairman had complained to the local battalion commanders, they threatened to kill her (Case no. 16). In one incident, the battalion commander gave a small amount of cash to the girl who had been raped, and then ordered her to keep silent about the case (Case no. 21). In a recent case, in early 2004, when the parents of a girl who had been raped complained to the local army commanders for legal action against the rapist, the commanders forced the girl's father and the village headmen to sign a document pardoning the rapist instead (Case no 25).

20

Myanmar Information Committee, Information Sheet No. D-3160 (l) September 10, 2004

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It is thus evident that, despite the international publicity surrounding the report Licence to Rape in 2002, which exposed the climate of impunity for military rapists, there has been no change in policy by the SPDC to ensure punishment for perpetrators of sexual violence within their ranks.

What happens to victims? Community responses to rape In several of the interviews conducted for this report, family and community members actively assisted rape victims, in some cases physically intervening to stop the rape occurring. For example, villagers rushed to assist a woman raped in her house by a soldier (Case no. 2): As she shouted for help, the villagers nearby altogether ran to help her, holding sticks, swords and spears. Sergeant Than Sein, the rapist, ran away, leaving his jungle hat and military trousers behind. However, if many soldiers were involved, villagers would be too intimidated to intervene (Case no. 10): Even though many villagers and the village headman knew she was being raped, nobody dared to help her because many soldiers were guarding her house compound. Generally speaking, families and community members provided sympathy and support to rape victims, but in some cases, the survivors faced censure from their communities, who blamed the women for being raped. For example, in the case of three young women raped by troops of LIB 586 in separate incidents in villages in Ye township in early 2004 (Cases 28-30), all three decided to flee from their villages after the incidents because they felt “blamed and despised” by local villagers. One of the women, a 17-year-old, stated that she felt too “ashamed” to cry out for help while being sexually assaulted. Some community members accuse the women of having behaved or dressed improperly, thereby provoking the sexual abuse. Even the wife of a local village headman in southern Ye was quoted as saying that rape cases happened because the women “did not behave properly and dressed up to attract men.” Physiological and psychological effects of rape WCRP experienced many difficulties in conducting interviews with the rape survivors in order to identify physiological or psychological problems they were facing. Some women had been so psychologically scarred that it was impossible to talk about their ordeal. In many cases, the pain of sexual assault had been so great that the victims lost consciousness and had to be carried, as they could not even walk. In some cases, the victims of rape were also beaten and slashed with knives, particularly when resisting rape. One victim fainted from severe bleeding after being slashed, and had to be hospitalized (case no 13). In one case (case no. 22), a pregnant woman who had been repeatedly gang-raped by soldiers for a period of 2 months, gave birth prematurely. It is not common for women who have been raped to go to hospitals to take pregnancy tests or to receive medical treatment for their wounds as they are ashamed and fear stigma. They do not even dare disclose that they were raped. Physiological symptoms following rape which victims revealed included insomnia, loss of appetite, loss of weight, and extreme fatigue.

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Most of them not only suffered from depression, sadness and fear, but also no longer dared to participate in their social surroundings or community gatherings. A woman who was repeatedly raped by a group of men said that she had told them: “Kill me right away.” In some cases the survivors of rape tried to appeal to the rapist military officers to marry them. Some women wanted to commit suicide. Most of the raped women wanted to bring legal action against the rapists for the crimes they had committed. The lack of legal action caused increased distress and anger for the women. One woman said she felt ashamed and outraged when the military authorities not only failed to put the offender in court, but actually punished the people who had complained about the offence. In this way, the victims are doubly punished. Some women revealed that their families and other community members had provided them with care and counseling, which helped them cope with their ordeal. However, some suffered from stigmatization following rape. Forced to migrate to other areas of Burma Owing to stigmatization, some women decide to leave their homes after suffering rape, moving to other villages or nearby towns where people do not know what has happened to them. During 2004, several rape victims from the southern part of Ye Township moved to Ye Town or other towns or Halockhani, the Mon refugee resettlement camp on the ThailandBurma border. Some women also flee their homes to prevent possible sexual abuse. When Burmese Army commanders took girls to be ‘comfort women’ at their military bases in the southern part of Ye Township during 2003-2004, many parents in villages such as Khaw-zar and Kaw-hlaing in Southern Ye Township sent their unmarried daughters away to Ye Town in order to prevent possible rape. However, as this was the time when the Burmese Army was conducting an offensive against a Mon splinter group, there were also widespread restrictions on movement of local civilians in the southern part of Ye Township. This made it much more difficult for women to leave their villages. According to a woman who arrived at a Mon refugee resettlement camp with her sick mother in March 2004: We were prohibited from going out from the village. If we wanted to go out, we had to get a permission paper. As my mother was seriously ill, I had sent her to the hospital for medical treatment. I left my village saying that I had to look after my mother. The same woman revealed that she and her mother did not dare go home for fear of arrest after leaving her village. Other families who had fled from their native villages also testified that they had to provide a very strong reason to the military authorities in order to leave their villages. Forced to migrate to Thailand The anti-insurgency measures conducted by the military regime and its army in Mon State, involving gross human rights violations including rape, have caused many villagers to flee their homes and head for the Thai-Burmese border. However, travelling to the border also places women at risk of sexual violence. In one incident documented in this report (case 18), a woman who was arrested with other villagers for travelling illegally to Thailand was detained and raped by an SPDC township immigration official. At the border, displaced villagers have sought refuge in the refugee resettlement camps or displaced villages set up by a local relief organization and a resistance group on the Thai-

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Burmese border21. However, people living in the refugee camps face a various difficulties, including a lack of sufficient food or other supplies such as blankets, mosquito nets, etc. As a result, many Mon displaced persons migrate across the border into Thailand to seek jobs, often illegally. Displaced women, including victims of rape, who travel to Thailand to work as illegal migrant workers, are vulnerable to arrest by Thai authorities and exploitation and sexual abuse by their employers22. For example, a 15-year-old Mon girl working as a migrant worker in a fish and prawn processing factory in the Mahachai area of Samut Sakhon province was raped by her employer on July 23, 2004. She was staying in a rented apartment with her elder sister. Her employer broke into her locked room, beat her elder sister and raped her. Similar cases of rape have happened to women working as housemaids, who have been sexually abused by the household heads or their sons. In some cases, even though the wives knew their husbands had raped their housemaids from Burma, they kept silent, believing it preferable to having their husbands visit brothels outside their homes. Some women have been tricked by human traffickers into prostitution, and some raped by soldiers or police at the border checkpoints which they pass on the way to Thailand23. In one of the cases in this report, (case 32), a young woman travelling with her husband to Thailand was raped by two former Burmese Army soldiers before crossing over at the Three Pagoda Pass border point.

Conclusion Testimonies in this and other reports by women's groups of Burma provide strong evidence that sexual violence has become systemic under military rule in Burma. Lack of rule of law and the climate of impunity for military rape has caused SPDC’s troops to become increasingly emboldened in their acts of sexual violence, to the extent that have been brazenly conscripting scores of women for purposes of sexual slavery. It is clear that under the current system, no woman or girl is safe from rape and sexual slavery, regardless of their location, whether in the civil war zones, the ceasefire areas or “non-conflict” areas. Women’s groups have been reiterating that there can be no other solution to the problem of systemic sexual violence in Burma than an end to military rule. Unless the system of impunity 21

The local Mon relief organization, Mon Relief and Development Committee (MRDC) set up three Mon refugee resettlement camps along Thailand-Burma border after the 1995 NMSPSPDC ceasefire in order to resettle the Mon refugees from Thailand who were spontaneously repatriated due to pressure from the Thai authorities’ pressure and without international monitoring. MRDC also set up over 10 villages in NMSP controlled areas, to settle the families of Internally Displaced Persons who fled from conflict zones into NMSP areas. According to MRDC, there are about 40,000 IDPs in the NMSP areas. 22

Thousands of ethnic Mon migrant workers, including many women, are working in fishing industries in Thailand’s Samutsakorn, Samutprakan and Ranong Provinces and in agricultures and rubber plantations in the southern part of Thailand. Additionally, many women are also employed as housemaids in many Thai families’ households. 23

Although the SPDC’s GONGO the Myanmar Women’s Affairs Federation has claimed that it is fighting against human trafficking, corrupt local SPDC authorities in border areas are routinely collaborating with human traffickers and profiting from taxes collected from migrant workers passing through their checkpoints.

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for military rape is ended, and the political problems relating to equal rights for ethnic peoples and the restoration of democracy in Burma are solved, the culture of violence will continue to escalate, and the suffering of all civilians - including women and children - will continue.

Recommendations The (Mon) Woman and Child Rights Project – Southern Burma (Myanmar) in collaboration with the Human Rights Foundation of Monland (HURFOM) make the following recommendations: To the State Peace and Development Council (SPDC) 1. To immediately stop its militarization program throughout Burma, implement a nationwide ceasefire and withdraw all Burma Army troops from the ethnic areas; 2. To fully implement the resolutions on Burma adopted by the UNCHR since 1992. To the Royal Thai Government 1. To provide protection and allow humanitarian assistance to civilians who have fled from human rights abuses (and not just "armed conflict") in Burma, and allow UNHCR to extend its activities for the protection of the refugees from Burma who suffer from systematic persecution; 2. To continue the RTG's efforts for democratization in Burma by coordinating with Burma's immediate neighbours and other ASEAN countries, to demand that the SPDC hold genuine political dialogue with the pro-democracy opposition, including the National League for Democracy (NLD) and United Nationalities Alliance (UNA), and non-Burman ethnic nationalities. To members of ASEAN: 1. To raise the issue of state-sponsored sexual violence in Burma with the SPDC, based on its obligations under the Declaration on the Elimination of Violence Against Women in the ASEAN region which was signed by SPDC on June 30, 2004; 2. In order to end state-sponsored sexual violence, to use economic and diplomatic means to pressure the SPDC to begin a process of meaningful political reform, and to actively support the efforts of the UN and other key stakeholders to achieve peace, human rights and democracy in Burma. To the international community: 1. To call for UN bodies to authorize comprehensive sanctions against the regime including an arms embargo until genuine democratic reform takes place in Burma 2. To coordinate with Burma's regional neighbours, particularly ASEAN members, to pressure the SPDC to begin a process of meaningful political reform, which will lead to a restoration of democracy and the rule of law.

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Appendix 1 no

1

Date of abuse

Age of woman, Ethnicity Township of origin

Type of abuse

Perpetrator

Circumstance of abuse

Details

Action taken

Dec 3 1995

17 Karen

Rape

SPDC Capt Thein Soe, LIB 407

The commander accused her of being linked to Karen insurgents, then demanded she become his wife. When she refused, he threatened to kill her and raped her.

-

Rape

SPDC Sgt. Than Sein, LIB 403

She was returning with other villagers from a Mon refugee camp, when a group of soldiers blocked their path She was at home when a group of soldiers arrived at her village

He climbed into her house and raped her. When other villagers intervened, he ran away leaving his hat and trousers.

Rape

SPDC Maj Lin Maung, LIB 273

She was at home with her father when a column of troops came to her village

Gangrape

SPDC troops from IB 61, led by Col. Than Win

The women were at home when troops entered their village

The troops arrested her father and beat him, accusing him of contacting Karen soldiers. The commander then pointed a gun at her and raped her in the house. While the troops were interrogating villagers about Karen troops, a squad of soldiers arrested the two sisters and raped them repeatedly.

When villagers complained to the company officer, he just scolded them and warned them not to tell anyone. -

Attempted rape, killed

SPDC Corporal Myo Myint, IB 25

She was at home when 25 SPDC troops came and looted her village

Yebyu

2

June 15 1997

27 Mon

Kya-innseikyi

3

Aug 27 1997

19 Mon

Eastern Ye

4

July 26 1998

21,26 Karen (sisters)

Yebyu

5

June 99

25 Mon

Yebyu

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When Corporal Myo Myint tried to rape her, she fought back, so he stabbed her with his army knife, killing her on the spot.

The headmen complained to the commander Col. Than Win, but he ignored them and had them beaten Although this case was wellknown, no action was taken against the rapist.

6

Sept 99

16 Mon

Gangrape

SPDC troops from IB 103

She was at home when a patrol came to her house.

They pointed their gun and tied her up then raped her one by one.

Gangrape, torture

SPDC troops from LIB 120, led by Lt. Col Maung Maung Oo

The girls were beaten and raped repeatedly. The troops cut 1 girl’s breasts with a knife. They poured hot water into the other girl’s nose.

Rape, killed

SPDC Private Aung Win, IB 77

Gangrape while being porters

SPDC troops from LIB 104

They were in their village when SPDC troops came and accused them of being wives of rebel soldiers She was returning from meditating at a pagoda They were arrested as porters from their village

Rape

SPDC Maj. Khin Soe, LIB 273

She was at home when troops came to her village

Gangrape, killed

SPDC troops from IB 31

She was carrying rice from her farm. The troops accused her of taking it to the rebels. She was doing forced labour for the troops. The women were in their houses at night.

Yebyu

7

Oct 3 1999

16, 17 Karen

Kya-innseikyi

8

Oct 15 1999

24 Mon Pegu

9

April 2000

n.a. (4 Mon women) Yebyu

10

June 2000

29 Mon Ye

11

August 2000

50 Karen

Kya-innseikyi

12

Sept 23 2000

28 Mon Yebyu

Rape

SPDC Sgt San Win, LIB 282

13

July 28 2001

40,50,20 Mon

Rape, Attempted rape

Village militia commander U Aung Win and one of his men

Rape

SPDC Sgt Kyaw Myint

Yebyu

14

Oct 8 2001

30 Mon Ye

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The woman was in her farm-hut with her husband and baby.

The headmen were too afraid to complain to the commander -

The soldier raped the girl and then killed her.

-

The women were made to carry heavy loads and were beaten and kicked. For 3 nights, they were repeatedly raped. The commander raped her while many soldiers guarded the compound A group of soldiers raped her one by one and then stabbed her to death with army knives.

-

The Sgt ordered her to come to his barracks at night and then raped her. The men climbed into the houses and raped two women, slashing them with their knives. They attempted to rape another woman.

-

The soldier seized her, holding a knife at her throat, then raped her. He beat her and almost killed her.

-

-

The villagers arrested the men, and reported the case to the SPDC military, but the men were only dismissed from the militia. -

15

Jan 5 2002

20 Mon

Attempted rape

SPDC Sgt from LIB 343

She was in her house.

Rape

SPDC Sgt. Zaw Moe, LIB 851

She was coming back to her house with her son after watching TV.

Rape

SPDC officer U Aung Khaing, LIB 343

She was sleeping in her house; her husband was out fishing

He came into her bedroom and raped her.

Rape

SPDC township authority U Than Win

She was traveling to the Thai border.

Gangrape

3 SPDC soldiers from LIB 587

She was walking home with friends.

She was arrested with other travelers for illegal migration. U Than Win detained her in a house and raped her. The soldiers dragged her into a rubber plantation and gang raped her till she lost consciousness.

Rape, killed

SPDC soldier Thein Naing, IB 62 (no. Ta176399)

She was preparing a meal for Buddhist monks at her grandparents’ house.

Thanbyuzayat 16

Jan 17 2002

30 Mon

Pa-an

17

June 7 2002

27 Karen

Kya-innseikyi

18

June 14 2002

22 Mon Ye

19

July 8 2002

18 Mon

Ye

20

July 22 2002

16 Mon

Thanbyuzayat

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He sneaked into her house and tried to rape her, but she called for help and other villagers came and stopped him. He threatened her with his gun, and raped her.

The soldier raped her in the house. When her father tried to call for help, he was killed by the soldier. Other soldiers joined in the fighting, killing the girl and 3 others.

-

Her relatives took the case to the battalion commanders but they threatened to kill her. The family took the case to the village chairman, but he did not dare report it to the battalion commander Her parents informed intelligence officers but no news of action taken The villagers did not dare complain to the battalion commander because they were afraid. IB 62 released the news that the villagers had been killed in fighting with insurgents. NMSP lodged a complaint but to no avail.

21

Feb 26 2003

17 Mon

Rape

SPDC Sgt. Than Hlaing of LIB 587

She was forced to take guard duty of the railway and pipeline route at night

She was told she could go home, but was raped by Sgt Than Hlaing on the way.

Gangrape, sexual slavery

SPDC Capt. Hla Khaing and his troops, LIB 586

She was arrested after her father was arrested on suspicion of being a rebel agent.

Rape, sexual slavery

SPDC IB 299 officers

She was ordered with other women to do forced labour at the army camp.

She was taken with the troops and gang-raped repeatedly for 2 months. She was 5-6 months pregnant and gave birth prematurely after the ordeal. After making dinner for the officers, she (and other women) were made to massage the officers and then raped by them.

Gangrape, sexual slavery

SPDC Lt Ngwe Soe and troops of LIB 586

She and her father were detained for interrogation about Mon rebels.

Rape

SPDC Corporal Naing Naing of 4th military training centre of S.E. command

She went to meet the Corporal believing he was in love with her.

Rape

SPDC Lt. Thi Min Hteike, IB 61

Their house was looted by SPDC troops and they were arrested.

Ye

22

Dec 9 2003

20 Mon

Ye

23

end of Dec 2003

23 Mon

Ye

24

Jan 1 2004

38 Mon Ye

25

Jan 3 2004

17 Mon

Thanbyuzayat

26

Jan 15 2004

n.a. (2 Mon women) Ye

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She was detained for over 3 months and raped repeatedly. She and her father had to pay 250,000 kyats for their release. He raped her, then threatened her and left her.

They were taken to the head office of LIB 586 and then raped by Lt. Thi Min Hteike.

Her relatives complained to the SPDC Batt. commander but he told both sides to keep the case quiet and gave her a small amount of cash.

Her father and village headman complained to the commander of the training centre, but they were forced to sign a document pardoning the rapist.

27

Jan 17 2004

21 Mon

Gangrape

SPDC Capt. Hla Khaing and his troops, LIB 586

Rape, sexual slavery

SPDC Capt Hla Khaing, LIB 586

Gang rape

SPDC soldiers under command of Capt Hla Khaing LIB 586

Rape

SPDC soldier under command of Capt Hla Khaing LIB 586

Rape

SPDC Capt Nyi Nyi Lwin, LIB 586

They were in their houses.

Rape

SPDC Sgt Tin Oo from LIB 406

She was travelling by boat near her village

Rape

SPDC troops from LIB 282

They were at home, one was bathing in the river

Ye

28

Jan 19. 2004

20 Mon

Ye

29

Feb 14 2004

25 Mon

Ye

30

Feb 17 2004

17 Mon

She was arrested after her grandparents were beaten up and accused of being rebel supporters Her father was arrested and accused of having contact with Mon rebels; she was then called to negotiate the release of her father.

She was raped by the commander and then raped by his troops.

Capt Hla Khaing took her into a house, drove out the owner and raped her. He raped her repeatedly for 2 days.

The soldier threatened her with a knife gangraped her. When she shouted for help other villagers came and rescued her. The soldier raped her in her house.

Ye

31

May 11 2004

20,22 Mon Ye

32

Aug 10 2004

18 Mon Yebyu

33

Sept 2004

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18,24 Mon

The soldiers forced their parents out of their houses, then Capt Nyi Nyi Lwin raped their daughters. He robbed the other passengers, seized her and raped her for a day and night; she had to be hospitalized In one case, the soldier raped the girl in her home, after threatening to kill the family if they shouted. In

Nobody dared complain about the cases.

Villagers arrested him and tied him up. One mother and the village headman went to meet the

Yebyu

34

Sept 15 2004

19 Mon

the other case, the soldier raped the woman when she was bathing, threatening to kill her.

Gangrape

Ex SPDC soldiers U Soe Aung and Maung Yangon

She was her husband were trying to enter Thailand to find work.

They beat her husband unconscious then raped her.

Gangrape, sexual slavery

SPDC troops from LIB 282 and 401

She was taken by the soldiers and gang-raped for several days.

Rape

SPDC Capt Nay Lin of LIB 409

She was arrested as her father was accused of contact with Mon rebels She was at home with her mother.

Gangrape, sexual slavery

SPDC troops from IB61

They were taken as "comfort women" for the troops who had set up base in their village

They were gang raped for several days. The commander claimed the young women had some contact with the rebel group, but in fact did not question them, only raped them.

Kya-innseikyi

35

Sept 04

14 Mon Ye

36

Sept 19 2004

14 Mon

Yebyu

37

Oct 23 2004Nov 2 2004

16,18,18,22 Mon

Ye

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He and his troops arrived in her house. He raped her, threatening her & her mother with a knife. Her hand was cut.

LIB 282 commander but he denied the incident and even shouted at them. She took the case to NMSP officers, who tried to arrest the rapists but they escaped.

Appendix 2 Detailed Cases of Sexual Violations Case 1 Name: Naw M-- N-Age: 17 years Marital status: Single Ethnicity: Karen Religion: Buddhist Occupation: Dependent (to parents) Location: XX village, Yebyu township Date of incident: December 3,1995 Perpetrator: Captain Thein Soe, SPDC LIB 407 When a group of displaced villagers went back to their village from a Mon border refugee camp, they met a group of Burmese soldiers. They were blocked by the soldiers and questioned by the commander. While the commander was interrogating the displaced persons, he also raped a young woman in the group. The victim, Naw M-- N--, told her story as follows: “When I responded to the Captain that I could not speak Burmese, he said he also was a Karen and interrogated me in Karen. “He asked me how I was related to that old woman and the man. I answered that she was my grandmother and the man my cousin. Asked whether I knew Dah Leih (the name of a Karen commander) and his (armed) group, my answer was “no,” but he said I was a Karen and so must have known them, the Karen insurgents. “He asked me why I had gone to live in the refugee camp, rather than in my own village. To this question, I explained that I did so because I no longer had my parents to rely on, and could not earn my own livelihood and so I had no other means except to follow my grandmother to live in the refugee camp. When the Captain asked what we were provided with in the refugee village, I answered that we got rice, prawn paste and salt. Asked what was my job, I replied slash-and-burn farming. He then said it was very tiresome work and I should live together with him, as he pitied me. Also, he continued that if I did so, I would not be in trouble and need to do such hard work and for this he would take me as a wife. “When I responded that it would not be possible, the Captain forcefully drew me close to him and embraced me. When I struggled out from him and shouted to my grandmother for help, he said I must be killed and buried, pointing to a mattock nearby. “Scolding me sharply that I must be quiet and not make him become bad-tempered, the Captain forcibly raped me.”

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Case 2 Name: Ma T-- N-Age: 27 years Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Farmer Location: XX Village, Kya-inn-seikyi Township, Karen State Date of incident: June 15, 1997 Perpetrator: Sergeant Than Sein, SPDC LIB 403

On 15th June, 1997, no sooner had a company including about 30 men of LIB No. 403 arrived at XX Village, Taung-bauk Village Tract, Kya-inn-seikyi Township, Karen State, when a 27-year-old Mon woman Mi T-- N--, 27, was raped. She was a mother of 2 children. The company’s Sergeant Than Sein climbed up to her house. When he found there were no men in the house, he raped her. The incident occurred even though it was day-time. When she shouted for help, all the villagers nearby ran to help her, holding sticks, swords and spears. The rapist, Sergeant Than Sein, then ran away, leaving his jungle hat and military trousers behind. Although the villagers submitted the case together with the items of evidence to the company officer, he just scolded them and gave them a warning not to expose the case to other people.

Case 3 Name: Mi H-Age: 19 years Marital status: Single Ethnicity: Mon Religion: Buddhist Occupation: Dependent (to parents) Location: XX Village, (Eastern part of) Ye township Date of incident: August 27, 1997 Perpetrator: Commander Maj. Lin Maung, SPDC LIB 273 On August 27, 1997, a column of Burmese Army troops from LIB No. 273 led by Maj. Lin Maung came into a Mon village, XX, in the eastern part of Ye township. The commander of the troops himself raped a girl Mi H--- (19 years old) to punish her father who was accused of contacting the KNLA’s local battalion. Soon after the troops arrived in the village, they arrested the victim’s father, Nai P-(53 years old) and tied him up in the outer open room of his house. During the interrogation, the soldiers beat him and asked him how often he had gone to meet the KNLA soldiers. The soldiers also gathered other village leaders in front of Nai P--’s house during the interrogation. While the soldiers were torturing the man, the commander, Maj. Lin Maung, went into the inner room of the house and pointed a gun at his daughter to rape her. The girl resisted and asked for help from her father,

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but the commander carried on and raped her. Although the father heard the suffering of his daughter, he could not help because of the gun pointed at him. Other village headmen also heard the cries of the girl, but they could not help. After the rape, the commander came out from the inner room and said to the man that if he continued contacting KNLA soldiers, he would again be punished and his daughter would be raped. Case 4 Name: Naw M-- T-- & Naw M-- N-Age: 21 & 26 years old Marital status: Unmarried (both) Ethnicity: Karen Religion: Buddhist Occupation: Dependents (on parents) Location: XX village, Kya-inn-seikyi Township, Karen State. Date of incident: July 26,1998 Perpetrators: SPDC troops from IB No. 61 led by Col. Than Win On July 26, 1998, when the troops of IB No. 61 led by Col. Than Win moved from Mon State to Three Pagodas pass, a border town with Thailand, they went into a Karen village called XX on the Zami river bank and a group of soldier raped two Karen sisters. Before the soldiers arrived at the village, they were attacked by KNLA soldiers and believed that the villagers from XX supported these rebel soldiers. They quickly entered the village and arrested all the headmen and interrogated them about why the rebel soldiers had arrived so close to their village. While the commander and some of his soldiers were interrogating the village headmen, another squad of soldiers went into a house and arrested two sisters, Naw M-- T-- (21 years old) and Naw M-- N-(26 years old) and took them to another place. Then the group of soldiers raped them repeatedly. The headmen also knew about the rape and complained to the commander, Col. Than Win. But he ignored the headmen and the soldiers also beat them again. Case 5 Name: Mi Myaing Age: 25 years Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: Maw-khani village, Yebyu Township, Tenasserim Division Date of incident: June 1999 Perpetrator: Corporal Myo Myint, SPDC IB No. 25 In June 1999, when IB No. 25 troops entered Maw-khani village, Yebyu Township, Tenasserim Division, all the men in the village except elderly people fled to escape being taken as porters. Some soldiers also climbed into many villagers’ houses and looted belongings and attempted to rape women.

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When a low ranking officer, Corporal Myo Myint, tried to rape Mi Myaing (25 years old), she refused and fought against him. He lost his temper and killed her by stabbing her with his army knife. She died on the spot. This incident of attempted rape and murder was well-known to the commander of IB No. 25, but no action was taken against Corporal Myo Myint. Case 6 Name: Mi T-- A-Age: 16 years Marital status: Single Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Yebyu Township, Tenasserim Division Date of incident: September 1999 Perpetrators: SPDC troops from IB No. 103 In September 1999, when troops of IB No. 103 went into XX village, Yebyu Township, Tenasserim Division, during their military patrol, some soldiers tried to rape a young girl. The young girl, Mi T-- A-- (only 16 years old) was very beautiful and the soldiers noticed her during the daytime. In the evening, a group of soldiers discussed raping her. After sunset, the soldiers went to her house and some soldiers took her parents away at gunpoint. They then aimed their guns at her and tied her up. They raped her one by one until she lost consciousness. As the village headmen were afraid of the battalion commander, they did not report the case to him. Therefore, the soldiers who were involved in this gang-rape were not punished. Case 7 Name: Naw B-- B-- & Naw M-- K-Ages: 16 & 17 years Marital status: Married Ethnicity: Karen Religion: Buddhist Occupation: Housewives Location: XX village, Kya-inn-seikyi Township, Karen State Date of incident: October 3 1999 Perpetrators: SPDC troops from LIB No. 120, led by Lt. Col. Maung Maung Oo On October 3, 1999, SPDC troops from LIB No. 120 led by Lt. Col Maung Maung Oo went into XX village and stayed there for one week to check who were the supporters of KNLA soldiers and wives of rebel soldiers. The Burmese soldiers arrested 12 villagers including two women. The soldiers tortured 10 men by cutting off some of their ears, as well as beating, kicking and burning them with fire. The soldiers also tortured two women, Naw B-B-- (16 years old) and Naw M-- K-- (17 years old). These two women were married women and their husbands had fled from the village to avoid being arrested by Burmese soldiers. Thus, the soldier said their husband were Karen soldiers. They tortured the two women cruelly.

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First, after beating the two women during interrogation, the soldiers raped them repeatedly. As the women denied their husbands were rebel soldiers, the soldiers also cut Naw B-- B--‘s breasts with a knife. Because of this serious injury, the woman lost consciousness. Then the soldiers also poured hot water into Naw M-- K--‘s nose. Her whole face was burnt with hot water and her skin was severely damaged. Her face became totally red and severely painful. Naw M-- K-- had a four-month-old baby and although she asked to feed milk to her baby, the soldiers did not allow her. Her hungry baby cried for the whole day. This rape and accompanying torture by the Burmese Army were apparently intended to instill fear into Karen villagers so that they would not contact KNLA troops.

Case 8 Name: Ma Kwar Nyo Thin Age: 24 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: Pegu Town, Pegu Division Date of incident: October 15, 1999 Perpetrator: Private Soldier Aung Win, SPDC IB No. 77 In October, 1999, during the period of communal violence between Buddhist monks and Muslims (then between Buddhist monks and SPDC authorities), SPDC put many hundreds of troops in Pegu Town, the capital of Pegu Division, surrounding many monasteries. While the soldiers were guarding Pegu town to stop the potential riot, some soldiers also tried to rape women who worshipped at the pagodas. On October 15, a soldier, Aung Win, from IB No. 77 raped and then killed a girl, Ma Kwar Nyo Thin (24 years old), when she returned home after meditation in Shwe Kyet Yet pagoda. The soldier had apparently looked for an opportunity to rape the girl for several days, and had studied the time that the girl went to pagoda and returned. It is speculated that the soldier killed the girl to prevent her from identifying him, because he was worried the case could be brought against him. Case 9 Name: 4 women (names unknown) Age range: ~ 25 to 60 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Farmers Location: XX village, Yebyu Township, Tenasserim Division Date of incident – April 2000 Perpetrator – SPDC troops from LIB No. 104 In April 2000, when LIB 104 led by Lt. Col Yatkha went into XX village, Yebyu Township, the soldiers tried to arrest all the men as porters. This village is a Mon village with over 500 households. However, the men, who had received advance information about the arrest, fled outside of the village and hid in forests and their

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plantations. Therefore the soldiers were quite angry and seized some women instead as porters from their houses. The soldiers seized 13 ethnic Mon women in the village: Mi K-- Y--, Mi Y-- O--, Mi N--, Mi M-- T--, Mi S--, Mi T-- O--, Mi K--, Mi C--. Mi S--, Mi K--, Mi S-- and two others. The age range of these women was between 23 and 60 years old, some married and some unmarried. The soldiers took these women for porter service in their military patrol for three days and three nights. During porter service, the soldiers forced the women porters to carry about 25 kilograms of ammunition or food supplies and forced them to walk for the whole day with that weight. When the women could not walk as fast as the soldiers, they shout, beat and kicked the women porters, treating them like the male porters who had been seized from another village. During porter service, two women, Mi K-- Y-- and Mi T- O--, who could not manage to keep up with the soldiers, were kicked by a Sergeant. After sunset, the soldiers grouped them in one place and let them sleep. After midnight, some soldiers came and pointed their guns at some young women and separated them from the group and some commanders raped them. About 4 women (the witness did not identify their names) were separated from the group during three nights and were repeatedly raped. Case 10 Name: Mi K-- H-Age: 29 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Location: XX, Ye Township, Mon State Date of incident: June, 2000 Perpetrator: Maj Khin Soe, SPDC LIB 273 In June 2000, when the troops from LIB No. 273 went into XX village, the column commander, Maj. Khin Soe, raped a Mon women, Mi K-- H-- (about 29 years old) when her husband was away. When the troops arrived in the village, the commander found her house and thought Mi K-- H-- was a widow. At night time, although the woman resisted and explained she had a husband, the commander did not listen and raped her. Even though many villagers and the village headman knew the woman was being raped, nobody dared to help her because there were many soldiers guarding her house compound. Case 11 Name: Naw Laung Age: 50 years old Marital status: Married Ethnicity: Karen Religion: Buddhist Occupation: Farmer Location: Win-laung village, Kya-Inn-Seikyi Township, Karen State Date of incident: August 2000 Perpetrator: Troops from SPDC IB No.31

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In August, 2000, when about 60 troops of IB No. 31 launched military activities against KNLA along the Zami river in Kya-Inn-Seikyi township, Karen State, the soldiers arrested one woman, Naw Laung (50 years old) in Win-laung village. She was accused of being a rebel supporter when the soldier found her carrying rice, and they accused her of sending food to the rebel soldiers. She denied this and said she had just got back from her farm, but the soldiers did not believe her. Then, a group of soldiers raped her one by one. Then, accusing her of being a relative of the rebel soldiers who made military attacks against them in the area, they killed her by stabbing her with army knives. Case 12 Name: Mi S-- H-Age: 28 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Farmer Location: XX Village, Yebyu township, Tenasserim Division Date of incident: September 23, 2000 Perpetrator: Sergeant San Win, SPDC LIB No. 282 On September 20, the army commander from LIB No. 282 asked XX village headmen to provide 25 villagers from the village to contribute free labour in growing palm trees in the plantation. The commander also instructed the village headmen that the villagers had to contribute their labour for three days from 21st to 23rd September, and they could return on 24th September. He also ordered the villagers to carry their own food. The village headmen had to send the requested villager labourers on the evening of the 20th. Among the 25 villagers, there were 12 men and the remaining 13 were women. This group of villagers worked together in the plantation for three days. Their main work was to clear the grass, dig holes and plant small palm trees. On the evening of September 23, just before the villagers were due to return home, one of the women was raped. In the evening, at about 7 o’clock, after the group of villagers finished having dinner, the commander, Sergeant San Win told the group leader, Nai Maung Sein, that he would like to meet with Mi S-- H--, to give some tree plants to her. The leader said that it was night-time, so it was not good to meet with the woman and he suggested he should meet her the next day. However, the commander refused, so the group leader told Mi S-- H-- to meet the Sergeant and suggested that she take another girl to accompany her. When she arrived at the barracks, the commander ordered the other girl to stay outside the barracks, saying he wanted to meet only Mi S-- H--. Then the commander brought Mi S-- H-- to a kitchen building near the barracks, where he pushed her over and raped her.

Case 13 Name: Age:

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Mi P-40 years old

Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: XX village, Yebyu Township, Tenasserim Division Date of incident: July 28, 2001 Perpetrator: Pro-SPDC village militia commander U Aung Win & one of his militiamen Name: Ma MAge: 50 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: XX village, Yebyu Township, Tenasserim Division Date of incident: July 28, 2001 Perpetrator: Pro-SPDC village militia commander U Aung Win & one of his militiamen Name: Mi K-- L-Age: 20 Marital status: Uunmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Yebyu Township, Tenasserim Division Date of incident: July 28, 2001 Perpetrator: Pro-SPDC village militia commander U Aung Win & one of his militiamen On July 28, 2001, two members of the Yapu village militia force raped two women and attempted to rape a woman in XX village, Yebyu township of Tenasserim Division, when they were drunk. In the evening of July 28, the deputy-commander of the Yapu militia force, U Aung Win and one of his followers, went and visited their friends in XX village, which is about 10 miles away from their village. While they were with their friends, they drank a lot of local alcohol and by midnight had become drunk, so their friends kept their guns and said they would give them back in the morning. The two militiamen left their friends’ house and tried to climb into other villagers’ houses where there were only women because their husbands were away in farms or working in fruit plantations. When they climbed into these houses, they took their knives along with them. U Aung Win’s follower climbed into the house of a woman called Ma M-. He tried to rape her by pointing his sharp knife at her. When the woman refused, he cut her hands with the knife, and pointed his knife at her throat and other body parts and then raped her. She dared not cry for help for fear of being killed. U Aung Win climbed into another house where there was only one women, Mi P-(about 40 years old) and tried to rape her. When she resisted the rape, he cut Mi P--’s hands, then pointed his knife at her and raped her, After the rape, she lost consciousness due to heavy blood loss. Then U Aung Win climbed into another house nearby, where there was only a young lady, Mi K-- L-- (about 20 years old) and tried to rape her. When she realized the man was trying to rape her, she cried for help urgently. When he tried to stab her with the knife, she ran out of her house and escaped.

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After hearing her cries, the other villagers came to help her. When they found out that the two militiamen had raped some women in the village, they went to help the other two women, Mi P-- and Ma M--. When the villagers arrived, Mi P-- had lost a lot of blood and was in a serious condition. The villagers could not stop the blood flow and they sent her urgently by truck to Yapu village for treatment. As Ma M-- did not have serious injuries, the villagers did not take her to the medic for treatment. Then the XX villagers arrested the two rapists and sent them to Yapu village and told the military commanders about the rape cases and violence. However, the rapists did not receive any serious punishment and were simply dismissed from the militia.

Case 14 Name: Mi H-- Y-Age: 30 years Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Farmer Location: near XX village, Ye Township, Mon State Date of incident: October 8, 2001 Perpetrator: Sergeant Kyaw Myint, SPDC IB No. 61 On October 8, 2001, a low ranking commander of IB No. 61, Sergeant Kyaw Myint, who was responsible for the security of a bridge near XX village, about 10 miles from Ye town in the north, went to the village drunk with liquor he had looted from a shop in a village that evening. When he returned to his temporary outpost by the bridge, he was alone and walked back in the dark. He entered a hut owned by Nai Htai on a plantation on his return journey and asked the farmers to give him 100,000 Kyat as a ransom. He said he was from a rebel group. The farmers did not believe him because of his fluent Burmese and told him that they had no money and begged him to forgive them. The Sergeant also threatened to kill them, but in the end, he agreed that the farmers had no money and told them to show him how to get to his outpost. The farmer took him part of the way until they came to another farm-hut owned by a villager called Nai M--. The Sergeant then allowed the farmer to return home, and went into the second farm-hut, where he met Nai M--, his daughter Mi H-- Y-- and her husband Nai M-- D--. Mi H-- Y-- was about 30 years old and she had a small baby with her. The Sergeant told them the same story, that he had been sent by a rebel group and he needed 100,000 Kyat ransom from them. The farmer pleaded with him, saying they had no money on the farm to pay him. But this time, Kyaw Myint took a long knife from the farm-hut and kidnapped the woman. He added that if they didn’t give him a ransom of 100,000 Kyat, he would take the woman away. He put his knife to the woman’s throat and threatened to burn down their farm-hut. When he realized that he could not get the money, he took the woman with him. About 15 minutes after leaving the farm-hut, he shoved her down onto the ground and he demanded sex from her. The woman begged him not to rape her and explained she was the mother of a baby. But the Sergeant ignored her and punched her in the stomach once and then raped her.

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After the rape, he took the woman along with him down the slippery road in the dark. Whenever she could not keep her footing and fell down, the Sergeant beat her. Then, when they got near to the village cemetery, he took her in there, apparently intending to kill her. She cried and said that she would not tell anyone about the rape. He then changed his mind and took her to a deserted farm-hut. He warned her that there were land mines in the surrounding area, and if she tried to run, she would be blown up by a mine. The woman was too frightened to run away. In the hut, he tried to rape the woman again. But the woman pretended she had a stomachache and appealed to him not to rape her again. The hut was close to a soldiers’ outpost for the security of the bridge and the Sergeant said he would go there to speak to his friends. He warned her again not to run away, saying that if she ran she would be killed by the land mines in the area. Then he left. The woman thought that if a group of soldiers came and raped her, she would also be killed so she decided to run in spite of her fear of the landmines. She was also worried about her small baby and hurried back to her farm-hut. She arrived back at her hut at about midnight. Case 15 Name: Mi A-- C-Age: ~ 20 years Marital status: Single Ethnicity: Mon Religion: Buddhist Occupation: Mon teacher Location: XX village, Thanbyuzayat Township, Mon State Date of incident: January 5, 2002 Perpetrator: a Sergeant from SPDC LIB No. 343 (name unknown) On January 5, 2002, a Sergeant from LIB No. 343 attempted to rape a Mon teacher, Mi A-- C--, at about 7 o’clock in the evening at XX village. LIB No. 343 was based in XX and that evening, the army sergeant sneaked into the teacher’s house while she was alone and tried to rape her. She immediately called for help, and the villagers in the surrounding area arrived in time to prevent him from committing the rape. The villagers knew that the Sergeant had been planning to rape the teacher for some days already, and so they were quick to stop his attempt. However, they did not dare to arrest him.

Case 16 Name: Mi S-- H-Age: 30 years Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: XX village, Pa-an Township, Karen State Date of incident: January 17, 2002 Perpetrator: Sergeant Zaw Moe, SPDC LIB 851

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On January 17, 2002, Sergeant Zaw Moe of LIB No. 851 raped a Mon women Mi S-H--, when she came back from watching TV at 10:30 pm. She was living in XX village in Pa-an Township of Karen State. When she came back after watching TV with her 7-year-old son, Sergeant Zaw Moe seized her and attempted to rape her. Mi S-- H-- said: “Release me, or I will scream!” He said: “If you scream, I will kill you,’ and he showed his gun to her. She was so afraid, she did not dare scream. People passing by were alerted by Mi S-- H--’s child, who had been left out on the road and was crying. When they stopped to ask the child what was wrong, they saw the rapist. Mi S-- H--’s relatives reported the rape to the village chairman and then to the battalion commanders. However, when the LIB No. 851 commanders learned about the case, they threatened to kill Mi S-- H--. She therefore did not dare pursue the case.

Case 17 Name: Naw W-- Y-Age: 27 years Marital status: Unmarried Ethnicity: Karen Religion: Buddhist Occupation: Farmer Location: XX Village, Kya-inn-seikyi Township, Karen State Date of incident: June 7, 2002 Perpetrator: U Aung Khaing (a low-ranking officer), SPDC IB 24 On June 7, 2002, Aung Khaing, an officer from LIB 343, attempted to rape Naw W-Y-- (27 years old) from XX village, when her husband went fishing at night. At 10 pm, when she was sleeping in her house, the officer came into the bedroom and raped her. She was afraid and did not dare to scream. After he raped the woman, the officer Aung Khaing went back to his sleeping quarters. He did not think the woman would speak out about what happened. The family took the case to the village chairman, but the village chairman did not dare to report the case to the battalion commander.

Case 18 Name: Mi K-- H-Age: 22 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Farmer Location: XX village, Ye Township, Mon State Date of incident: June 14,2002 Perpetrator: SPDC township authority U Than Win

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On June 14, 2002, an official of Ye Township’s SPDC immigration department raped a 22-year-old Mon woman after she was arrested by officials for illegally migrating to Thailand. On that day, the Deputy Chief of the township immigration department, U Than Win (about 40 years old), was checking the passengers on all the trucks passing over Ye river bridge, a large bridge in the town, and arrested 23 Mon villagers who were suspected of migrating to Thailand to seek work, including 22-year-old Mi K— H—, an unmarried woman from XX village, Ye Township, Mon State. The group of villagers, including 2 alleged traffickers, were brought by the officials and policemen to the police station to face trial. The officials also took 700,000 kyat from those traffickers and villagers. They put the 2 traffickers on trial, and the migrant villagers also needed to have their cases processed by the court. The officials requested money for the release of these villagers. Some villagers paid bribes to the officials and then they were released. However, Mi K-- H-- could not pay in advance and appealed to pay later. But U Than Win did not accept this and brought the young women to a house and raped her for the whole night. The next day, he released the woman and let her return her home. The woman informed her parents about the rape case and they also informed SPDC military intelligence officers based in Ye township. The MI officers then reported the case to township officials, but there has been no news of action taken against the perpetrator.

Case 19 Name: Mi K-- H-Age: 18 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Ye Township, Mon State Date of incident: July 8, 2002 Perpetrators: Three SPDC soldiers from LIB No. 587 On July 8, 2002, three soldiers from LIB No. 587 arrested an 18-year-old Mon girl near Kun–doo village, in the northern part of Ye township, and gang-raped her. The soldiers repeatedly raped the young girl, Mi K-- H--, until she lost consciousness. The rape incident occurred half-way between the two Mon villages, XX and Kundoo, in the northern part of Ye Township. The native village of Mi K-- H-- is XX village. She and her two friends (a boy and a girl) had been paying a visit to Kun–doo village. When they returned to their home in XX village, in the evening at about 4 o’clock, they met those 3 soldiers. Fearing the soldiers, they turned back to Kun-doo village. However, the soldiers followed them and dragged Mi K-- H-- into a rubber plantation. Although the boy who was with her tried to stop them, the soldiers pointed their guns at him and threatened to kill him. Then the boy ran to XX village to ask for help from the villagers.

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The soldiers repeatedly raped Mi K-- H-- in the rubber plantation until she lost consciousness. When a group of villagers arrived at the scene, the soldiers had already left and they found only the unconscious and injured girl lying near a rubber tree. They then carried her back to the village. The villagers and the headman did not dare to inform the battalion commander, because they were afraid. They kept quiet about what had happened. Among the three soldiers, one soldier was a medic in the battalion and he was easily recognized by the boy, who reported that the other two soldiers were ordinary soldiers. LIB No. 587 had been based near that village since 2001 and it had confiscated many hundred acres of land from the Kun-doo and XX villagers.

Case 20 Name: Mi Thu Zar Age: 16 years old Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Student Location: Kalein-pa-daw village, Thanbyuzayat Date of incident: July 22, 2002 Perpetrator: Thein Naing (soldier), SPDC IB No. 62 Mi Thu Zar, aged 16, was raped by Thein Naing (Army No Ta-176399) at her grandparents’ house on July 22, 2002 at 4.00 a.m. local time at Kalein-pa-daw village, in Thanbyuzayat Township, Mon State while she was preparing a meal for the Buddhist monks in the morning. Her father, Nai Kun Kyit, secretary of the village, went to call for help from the neighbors, but was shot and killed by the soldier. When they heard the gunshot, other SPDC soldiers outside the house began shooting into the house. They killed Mi Thu Zar (16), Daw Kun Boh (65), wife of Nai Kun Kyit, Mr Wet Tey (41), a hired worker, and Min Chit Thau (10), the grandchild of Nai Kun Kyit. The rapist, Private Thein Naing (18), was also injured. After the incident, the local Burmese Army IB No. 62 based in Thanbyuzayat released the news that the fighting was between an insurgent group and the Burmese army. Local members of the New Mon State Party then lodged a complaint in order that formal legal action could be taken against the criminals, but there has been no confirmed information about any legal proceedings against the soldiers who committed the violations. Case 21 Name: Mi M-- P-Age: 17 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Taung-bone village tract, Ye Township, Mon State Date of incident: February 26, 2003 Perpetrator: Sergeant Than Hlaing, SPDC LIB No. 587

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The incident occurred on February 26, 2003, at night. Mi M-- P--’s household was due to take the roster for guarding the railway line and the Kanbauk-Myaingkalay gas pipeline (near the same route), but her husband had gone fishing late in the evening and he had not returned home. Therefore Mi M-- P-- took the roster on behalf of her husband. At about 12 pm, the Sergeant and one of his privates came to the hut where she was on duty. He said: “Women don’t have to perform this duty, so go home.” Then Mi M-- P-was taken along with them to return home. On the way, at XX village, the private walked ahead and the boss put his hand on her mouth, pushed her down and raped her. After this rape, the relatives of the victim reported the case to the battalion commander. The commander questioned both sides, Sergeant Than Hlaing and the victim, Mi M-- P--, and he then ordered that the case be kept silent after giving a small amount of cash to her. Case 22 Name: Mi A-- L-Age: 20 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Ye township Date of incident: December 9, 2003 Perpetrator: Captain Hla Khaing & his troops, SPDC LIB No. 586 In the second week of December, a woman called Mi A-- L--, 20 years old, from XX village was arrested by troops of Burmese Army’s LIB No. 586 soon after her father was arrested on the accusation of being a rebel agent. Her father, Nai W--, had been arrested by the commander of LIB No. 586, Captain Hla Khaing. She was brought by the Burmese soldiers of LIB No. 586 and repeatedly raped by both officers and soldiers. She was mostly gang-raped by the soldiers when they launched a military operation. She was brought from one place to another or one village to another by the soldiers and they raped her at night time. She was not fed with sufficient food and could not sleep for several nights. Her father disappeared and she never found him. She believed he was killed by the soldiers. When she arrived back at her home, she was extremely weak and ill. She said that she had asked the soldier to kill her instead of raping her, but they continuously raped her. When the soldiers arrived at her home village, they let her stay at her home for a while and then when they left for military operations, they brought her along with them again. Therefore, she was raped for over two months in total. When she was arrested and gang-raped by the Burmese soldiers from LIB No. 586 soldiers, she was about 5-6 months pregnant. Her husband had fled to escape arrest and killing by the Burmese soldiers.

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According to the latest information, she delivered a baby prematurely after only eight months when the troops arrived at a Mon village, XX, about 5 kilometers from her village. After she delivered the premature baby, she was taken care of by the villagers. Case 23 Name: Mi K-- H-Age: 23 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Farmer Location: XX village, Ye Township, Mon State Date of incident: end of December 2003 Perpetrators: Soldiers from SPDC IB 299 At the end of December 2003, SPDC No. 3 Tactical Command, which was conducting a military campaign in Southern Ye Township, Mon state, ordered the village headmen to send three women daily in rotation to do basic work such as cooking, carrying water, finding firewood, etc. for the military in the daytime and to be raped during the nighttime. The women from many households in XX village and six villages nearby were forced to send three women every day to the army encampment, where IB No. 299 were temporarily based. Mi K-- H--, 23, a woman who was raped said that women were forced to do the cooking and the officers raped them during the night-time. In the daytime they had to cook meals for them and carry water for their shower (for the officers including even low ranking officers). After having dinner, they demanded to have a massage, and when night fell, they raped the women. As the rapes happened at their bases, the women could not resist at all. The women were changed with another 3 women on a rotation basis the next day. This conscription of ‘comfort women’ lasted nearly two months, during December 2003 and January 2004. Only this woman, Mi K-- H--, confessed that she was raped while many women kept silent about what happened to them during night-time at the military base. Case 24 Name: (not known) Age: 38 years Marital status: Married with one child Ethnicity: Mon Location: XX, Yetaungshe, Ye Township, Tenasserim Division Date of incident: Jan 1, 2004 Perpetrators: Lt-Ngwe Soe & his soldiers from LIB 586 On the night of January 1, 2004, the 38-year-old woman and her father were taken by the army to Yaung Yae Village to be interrogated about where the Mon splinter group was. They were detained for over 3 months. While in detention, she was taken out by the soldiers during the nights, on the pretext of being interrogated, but instead she was repeatedly raped.

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Both were released on April 3, 2004. They had to pay 250,000 Kyats to Lt. Ngwe Soe for their release.

Case 25 Name: Mi M-- H-Age: 17 years old Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Thanbyuzayat Township, Mon State Date of incident: January 3, 2004 Perpetrator: SPDC Corporal Naing Naing On January 3, 2004, at night, a Corporal from the 4th military Training Center of SPDC’s South-East Command raped a 17-year-old girl from XX village, Thanbyuzayat Township. Corporal Naing Naing of the Military Training Center stationed at Wae-ka-li village, Thanbyuzayat Township, pretended that he was in love with Mi M-- H-- and invited her to meet him. Mi M-- H-- unsuspectingly went to the appointed place, and was raped by him. After having been raped, Mi M-- H-- begged Corporal Naing Naing to marry her. He not only refused to marry her, but also threatened her and then left her. Some villagers who went to the rubber plantation after midnight to collect rubber sap found her crying, and took her back home. Mi M-- H--’s father and the village headman complained to the commander of the Military Training Center about the rape, and demanded that action should be taken against Corporal Naing Naing. However, without taking any action against the rapist, the military authorities forced Mi M—H--’s father and the village headman to sign a document retracting the accusation. Several women in the area have been forced to run away from their work-place because the soldiers from the artillery battalion near the 4th Military Training Centre of South-East command have been attempting to rape the women workers on rubber plantations.

Case 26 Name: Mi S-- & Mi K-Age: n. a. Ethnicity: Mon Location: XX Village, Ye Township, Tenasserim Division Date of incident: Jan 15 2004 Perpetrators: Lt. Thi Min Hteike from SPDC IB 61 The soldiers from IB 61 destroyed their house, robbing 6 baskets of paddy, 2 baskets of rice, & household possessions, altogether about 5 cartloads. They were taken to the head office of LIB 586. The officer took the two girls to Nai Yun & Mi Noon's house and raped them.

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Case 27 Name: Mi M-- A-Age: 21 Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Location: XX village, Ye Township, Mon State Date of incident: 17 January 2004 Perpetrator: Captain Hla Khaing and his troops, SPDC LIB No. 586 On January 17, 2004, a woman called Mi M-- A-- (21 years old) from XX village was arrested by troops of Burmese Army LIB No. 586 soon after her grandmother and grandfather were beaten up by these soldiers who accused them of being rebelsupporters. She was arrested by the Burmese soldiers of LIB No. 586 and was raped by the commander Captain Hla Khaing. When the soldiers arrested her, they said they were going to interrogate her about the rebel group. They accused her of contacting the rebel group and then raped her in Nai B-- T--’s house at 9 pm in the village. Then they released her the next morning. Case 28 Name: Mi M-- H-Age: 20 years old Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Ye Township, Mon State Date of incident: 19 January 2004 Perpetrators: SPDC troops from LIB No. 586 led by Captain Hla Khaing Case 29 Name: Mi S-- W-Age: 25 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: XX village, Ye Township, Mon State Date of incident: 14 February 2004 Perpetrators: SPDC troops from LIB No. 586 led by Captain Hla Khaing Case 30 Name: Age: Marital status: Ethnicity: Religion: Occupation:

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Mi Z-- T-17 years old Unmarried Mon Buddhist Dependent (on parents)

Location: XX village, Ye Township, Mon State Date of incident: 17 February 2004 Perpetrator: SPDC troops from LIB No. 586 led by Captain Hla Khaing Captain Hla Khaing of SPDC’s 58th IB and his troops who were fighting against a Mon splinter group raped Mi M-- H--, 20, daughter of Nai S--, from XX village. Soldiers under the Captain’s command also gang-raped Mi S-- W--, 25 from XX Village and Mi Z-- T--, 17, from XX village. Other villagers who were aware of the cases have blamed the raped women. Because of this, the raped women no longer dare live in their villages and have run away to other villages. Mi M-- H--’s niece said she was taking refuge in Ye Town. People who are close to Mi S-- W-- and Mi Z-- T-- said they also were hiding in other villages in the Northern Ye area. Captain Hla Khine arrested Mi M-- H--’s father, accusing him of having contact with the splinter Mon armed group. While the accused was being beaten in custody, the captain called Mi M-- H-- to negotiate with her about the release of her father. At night Captain Hla Khine took Mi M-- H--, who had come to meet him in the hope of helping her father, to a house, drove out the owner of the house and then raped her. He detained her for two days and raped her repeatedly. In the case of Mi S-- W--, soldiers gang-raped her by threatening her with a knife. When she shouted for help, other villagers came to her rescue. However, the villagers who had saved her, then started blaming her, causing her to run away. Mi Z-- T-- said she felt too ashamed to cry out for help while she was being assaulted by soldiers in her house.

Case 31 Name: Mi S--, Mi K-Age: 20 years & 22 years old Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Ye Township, Mon State Date of incident: 11 May 2004 Perpetrator: Captain Nyi Nyi Lwin, SPDC LIB No. 586 During the military offensives against the Mon splinter group in the southern part of Ye Township, Captain Nyi Nyi Lwin of LIB 586 also led a military column and went into one village after another. On May 11, 2004, when his troops arrived at XX village, southern Ye township, he raped two women from the village. After arriving at the village, he said he needed women and then climbed into two houses belonging to the parents of Mi S-- and Mi K-- on the same night. He and his soldiers forced the parents out of their homes and he then raped the two women. As the villagers and village headmen in the area were already afraid of the Burmese Army, nobody complained about the cases. Case 32

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Name: Mi A-- M-Age: 18 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Yebyu Township, Tenasserim Division Date of incident: August 10, 2004 Perpetrator: Sergeant (Tin Oo) from SPDC LIB No. 406 On August 10, 2004 when a young Mon woman was traveling near her village, in Yebyu Township, Tenasserim Division, she was repeatedly raped by a Sergeant from the Burmese Army’s LIB No, 406, according to a source close to woman. Mi A-- M-- an 18-year-old woman was from XX village, Yebyu Township. She was travelling with a group of 5 male villagers from her village to Mae-than-taung village by boat in the morning of August 10. On the way, an SPDC army sergeant stopped their boat and asked them to approach the river bank. When the boat stopped, he robbed the passengers and took all their belongings. The passengers had to give him all their valuables, including gold and silver. After the robbery, the Sergeant also took the woman, Mi A-- M-- along with him and let the boat and passengers continue on. Then he raped the woman for one day and one night. The next morning at about 10 am, he brought the young woman to the village. The young woman was immediately brought to the clinic in the village for treatment of injuries. She was hospitalized for 3 days. On August 12, the Sergeant came back to the village and as the villagers recognized him, they tried to arrest him. He then shot at them, injuring some of them. However, the villagers were able to arrest him and tied him up. The incident happened near the Kanbauk area, where the US company Unocal and the French company Total are involved in exploitation of gas from the offshore ‘Yadana’ gas field. LIB No.406 and LIB No, 273 battalions are mainly taking responsibility for the security of the Yadana gas-pipeline area in order to prevent attacks from rebels. Case 33 Name: Mi Y-- and Mi K-- Y-Age: 18 & 24 years old Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependents (on parents) Location: XX village Yepyu township Date of incident: 1st Week September 2004 Perpetrator: SPDC troops from LIB No.282

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Two young women from XX village, Yepyu Township of Tenasserim Division in southern Burma were raped by Burmese Army soldiers, while the troops of LIB No. 282 were temporarily based in their village. Although the villagers complained about the rapes, the LIB 282 commander denied that the incidents had occurred. “Mi Y--, 18 years old, daughter of Daw T-- M--, was raped by a Burmese Army soldier from LIB No.282 on the night of September 3 at her house after her family was threatened to be killed if they called for help,” said a witness, a local medic who had treated the victim. “Mi K-- Y--, a 24-year-old married woman was also raped by a soldier from the same battalion from LIB No.282 when she went to the river to bathe. She was also threatened to be killed if she called for help when the soldier raped her,” said the same witness. “In the case of Ms M-- Y--, her mother told me a (low-ranking) officer of the Burmese Army climbed up to her house and told her he would like to have sex with her daughter. He offered her some money but she refused. The commander then warned that if anyone from her family shouted for help, all of her family would be killed. The army commander then raped her daughter that night in the presence of the parents and other family members,” added the witness. The next morning Mi Y--’s mother, Daw T-- M-- and the XX village headmen went to meet the LIB No.282 commander and complained about the rape case to him. But the commander denied that the incident had occurred. The commander also shouted at them, saying it was impossible that any of his soldiers had acted like this, said the witness. “Even in Mi K-- Y--’s case, nobody has been able to take any action. Her family has kept silent. However if the Burmese Army does not stop its military operation against the Mon splinter groups such violations against women will not stop in this village,” said the witness. The local village has about 300 households, where the medic had set up a clinic. However, the SPDC soldiers accused the clinic of assisting the rebels, and then seized the clinic and all the supplies, worth about 800,000 Kyat.

Case 34 Name: Mi M-- M-- A-Age: 19 years old Marital status: Married Ethnicity: Mon Religion: Buddhist Occupation: Housewife Location: Pa-laing Japan Village, Three Pagoda Pass Sub-Township, Kya-inn-seikyi Township, Karen State Date of incident – September 15, 2004 Perpetrator – (Former) SPDC Soldiers U Soe Aung & Maung Yangon On September 14, 2004, two former soldiers of the Burmese Army U Soe Aung (54 years old) and Maung Yangon, who had settled in a Mon village, Palaing-Japan, near the border with Thailand, raped a 19-year-old woman, Mi M-- M-- A-- from XX village of Kyaikmayaw Township, Mon State, while she and her friends were trying to enter into Thailand to seek work.

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She and her husband Nai M-- M-- H-- (22 years old) arrived at Pa-laing Japan village in the second week of September and they found shelter at the former soldier’s house, U Soe Aung, who worked as human-trafficker. At night, U Soe Aung and Maung Yangon let her husband drink a lot of alcohol. When M-- M-- H-- was drunk, they threatened him with a knife and beat him until he lost consciousness. Then the two men called her out of the house and raped her. “They took me into a hut and raped me,” she said. The wife of U Soe Aung was against this rape and explained that the men had also raped recently raped some other women who were trying to go to Thailand. Maung Yangon (not his real name, but the name given during his stay at the village) was an assistant to U Soe Aung in human trafficking deals. After the rape, the victim took the cases to the New Mon State Party officers in the area and the NMSP soldiers also provided them with protection. Then the NMSP officers tried to arrest the two rapists but they managed to escape. Case 35 Name: Mi C-- O-Age: 14 years Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependent (on parents) Location: XX Village, Ye Township, Mon State Date of incident: 2nd Week of September 2004 Perpetrators: SPDC troops from LIB No. 282 and No. 401 In September 2004, there was a Joint Military Operation held by SPDC battalions from the South-East Command, based in Moulmein, the capital of Mon State, and the Coastal Region Command in Tenasserim Division. Under this operation, LIB No. 282 and No. 104 under the command of the Coastal Region Command were allowed to launch military activities in Ye Township. Troops from the two battalions went into one Mon village after another in order to check the activities of the Mon rebels. In the 2nd week of September 2004, the SPDC troops from LIB No. 282 and 401 arrested and raped Mi C-- O--, a 14-year-old girl, from XX village, in the southern part of Ye township. They accused her father of having contact with the Mon rebels and also accused her of knowing about this contact with the Mon rebel group. After the arrest, the soldiers gang-raped her. The villagers could not help her because they were afraid of the SPDC soldiers. She was arrested and taken by the soldiers for several days.

Case 36 Name: Age: Marital status: Ethnicity:

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Mi M-14 years Unmarried Mon

Religion: Buddhist Occupation: Dependent (on parents) Location: XX village, Yebyu Township, Tenasserim Division Date of incident: September 19, 2004 Perpetrators: Troops from SPDC LIB No.409 led by Captain Nay Lin On September 19, 2004, Mi M--, a 14-year-old girl from XX village, in the southern part of Ye township, was raped by a commander from LIB No. 409, Captain Nay Lin. The rape happened when his troops were in the village in order to check the activities of a Mon splinter group in the area. At about 10 pm on September 19, the soldiers from that battalion went into the village and the commander and some of his soldiers arrived at Mi M--’s house and threatened her and her mother with a knife. The commander then raped Mi M--. When she tried to resist, she received knife cuts in her hand. Case 37 Name: Mi M--, Mi K-- S--, Mi T--, Mi M-Age: 16 years, 18 years, 18 years and 22 years old respectively Marital status: Unmarried Ethnicity: Mon Religion: Buddhist Occupation: Dependents (on parents) Location: XX village, Ye township, Mon State Date of incident: October 23 to November 2, 2004 Perpetrators: SPDC troops from IB No.61 From October 23 to November 2, 2004, SPDC troops from IB No. 61 raped 4 Mon women in XX village, in the southern part of Ye township in Mon State when the troops were based at the village. The soldiers stayed at the village for over one week. During this time, the officers and the soldiers asked the four girls (who were unmarried) to go and stay at their temporary base. Those women were gang-raped by the soldiers. Every villager in the village knew that the young women had been raped, but no one dared complain. However, the commander and the soldiers said to the village headmen and villagers that they suspected those girls of having contacts with the rebel group. According to one of the victims, Mi M--, ‘All of us were repeatedly raped by the commander and soldiers in the base. They didn’t let us go home.” The soldiers took them for several days without questioning them about the rebels but just repeatedly gang-raped them. Appendix 3 Interviews with women who fled from villages where women were forced to take part in SPDC “Beauty and Fashion Shows” Interview# 1 Name: Ms. Mi H-- W-Age: 20 years old Native village: Kyone-kanya village, southern Ye Township, Mon State

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My name is Mi H-- W-- and I live in Kyone-kanya village of Ye Township. Because of my appearance (tall with a fair complexion), they (the Burmese Army commander and the soldiers including the headman of the village) ordered me to participate in the “Beauty and Fashion Show”, which was to be held by the Burmese Army in Khaw-za village via our headman. As soon as I heard that I had been selected to be involved in the show, my parents started to worry about me and they didn’t want me to be involved in that show. So I fled from my village to the current place, here. For my village, the headman selected 2 of my friends, who are aged 18 and 22 years old. Since l had fled here, I didn’t hear about what happened later. I am also not sure whether they were involved in the show or not. Interview #2 Name: Mi H-- L-Age: 19 years old Native village: Yain-dein Village, Ye Township, Mon State I’m H—L--- from Yin Dein village of southern Ye Township, Mon State. In order to join in the “Fashion and Beauty Show” in Khaw-za village in the evening of Independence day, which was managed by the local Burmese battalion, our village headman selected 4 young Mon ladies who were tall and slim from our village to participate in the Show. According to the order of the commander of the Burmese Army battalion, the selected girls were Mi S--, Mi T-- C--, Mi A-- T-- and Mi S-- N--. They were asked to stay in the battalion for 3 days and 2 nights. During these days, the ladies were asked to rehearse a “Cat Walk” in front of them (the commander and soldiers in the battalion base) and later the commander released 2 of the 4 selected girls because of their ages. These two girls were between 8th and 10th standard in their high school classes and even though they were pretty, their physical appearance was still young. The young women were also forced to do work in the army bases, such as cooking, carrying water and finding food for them during these rehearsal days. At night-time, they were forced to entertain the battalion officers such as by massaging them, especially the commander of the battalion. But nobody knows who were raped by the soldiers and officers of the local Burmese Army battalion in the fashion and beauty show.

Interview #3 Name: Mi E-- W-Age: 19 years old Native village: Khaw-za Village, Ye Township, Mon State My name is Mi E-- W--- from Khaw-za village (southern part of Ye Township). As the local Burmese Army commander saw that I was tall and slim, he ordered our village headmen to include me in the “Fashion & Beauty Show”. The commander ordered all unmarried women, who were over 5 feet and 6 inches tall to be involved in the fashion show. I did not want to be involved in the fashion show and so I fled from my village. Another two girls from my village were selected to be involved in the fashion show

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against their will. As the Burmese Army commander requested four girls to be involved in the fashion contest, the village headmen had to find two girls from town (Ye Town) to be involved in the fashion show. The villagers had to pay for these hired women. It was not only women from our village, but they also asked 10 other villages to send 1 to 4 girls to the fashion show to be involved in the contest. They also told the village headmen to select even schoolgirls, but they had to be in Grades 8 to 10. I heard they selected four girls from Yin-dein village. If the selected girls were not beautiful and too young (if they looked like children), they rejected them and forced the village headmen to select again. Those selected girls had to go to the army base (near Khaw-za village) and stay in the base for two days and two nights for rehearsal before the fashion show actually took place. During these days and nights, we didn’t know how the commanders and soldiers treated those girls. According to the selected girls, they had to do a ‘catwalk’ in front of the army commanders for hours. If the commanders were not satisfied, they were forced to keep walking. The commanders also came and touched their bodies and pulled at their clothes during the rehearsal. There were about 30 girls in the whole area who were forced to be in army bases for several days for the rehearsal of the ‘catwalk’ for the fashion show. Then, (in the second week of December 2003) the commanders held a ‘fashion show’ contest in Khaw-za village. Girls were asked to do the ‘catwalk’ and posed in different styles on the stage and the commanders selected the most beautiful girl and gave them small prizes. Besides this fashion show, the young women in many villages have been constantly forced to do work in the army bases and to entertain the commanders of Burmese Army. They asked at least three women from one village to stay at their bases for 24 hours. Those women had to do cooking, carry water and find food for them. At night-time, the commanders forced the women to sing ‘karaoke’ songs together with them to entertain them. The women had to serve liquor and food for them. They also had to do massage them. Many women were raped, but I don’t know the details.

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NO LAND TO FARM A Comprehensive Report On Land and Real Estates Confiscation By Burmese military regime State Peace and Development Council (SPDC)

REPORTED BY Human Rights Foundation of Monland P. O. Box 35 Sangkhlaburi Kanchanaburi Thailand 71240 E-mail:[email protected]

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NO LAND TO FARM BY HUMAN RIGHTS FOUNDATION OF MONLAND

ACKNOWLEDGEMENT We, the Human Rights Foundation of Monland (HURFOM) – Burma, and members of Monthly Publication “The Mon Forum” greatly thank to the volunteers who contribute their precious times and skills to complete this “NO LAND TO FARM” report during the previous six months. We would like to express our heartfelt thanks to: · Ponnya Mon, Monland Restoration Council (USA) for his time and energy in putting the categories of the report and filling reliable information with the facts that he received from HURFOM ; · Jarai Mon, Monland Restoration Council (USA) for her time for the proof reading of all through of the report ; · Banya Honga, Managing Editor, Independent Mon News Agency – IMNA (Australia) for his enthusiastic help, valuable time and energy in managing the land confiscation data in this report; · Ashley South, the author of Mon Nationalism and Civil War in Burma, for his checking English language in some parts of this report ; We are grateful to the National Endowment for Democracy (USA) and Norwegian Burma Council (NBC) for providing fund to make this report. We also acknowledged that without the information, facts, and help assisted by community leaders and people, land-loss victims and the political leaders, we would not have this concrete and comprehensive report. Therefore, we express our gracious thanks to them for their collaboration. Director Human Rights Foundation of Monland - Burma Date : September 20,2003

I. Introduction 1|Page

Among the current inhabitants, the Mon is the first arrivals in Burma. The Mon had been living with its own kingdom until 1757, when the Burman occupied and destroyed their last kingdom Hongsawatoi.1 After Burma gained her independence from British in 1948, like other ethnic groups in Burma, Mon people demanded the central government to grand the ethnic rights they deserve. The Mon was working hard to gain their rights by peaceful means. However, the government rejected their demands. Finally, a group of Mon youth took up arms and began the armed struggle to fight for their rights.2 The group later formed the Mon People’s Front (MPF) and fought against the Burmese government until 1958. In 1958, MPF accepted the invitation from the government and agreed to exchange their arms for democracy.3 However, the Burmese government betrayed Mon leaders, who exchanged their arms for peace and democracy. Most of the MPF’s leaders were arrested and jailed in 1962, when General Ne Win’s Revolution Council came to power. Nai Shwe Kyin who refused to participate in exchanging arms for democracy left in the jungle formed the New Mon State Party (NMSP) to continue armed struggle for the rights of Mon people.4 In order to appease the Mon’s armed struggle, the Ne Win’s (Burmese Socialist Programme Party – BSPP) government created the current Mon State, which covered a small part of the original Mon State “Ryamonyadesa”, in 1974. (Note: Ryamonyadesa covered almost a whole of today’s lower Burma). However, the creation of new Mon State did not appease the Mon armed struggle. The NMSP continued fighting against the central government till 1995 when it reached cease-fire agreement with the SLORC. The current Mon State includes 10 Townships which are divided into two Districts, Moulmein District (or Mawlamyaing District) and Thaton District.5 Mon State has about 4747 Square miles and the population in the State is over 2 millions (unofficial). The residents in Mon State are the majority Mon people, but also ethnic nationalities, Karen and Pa-oh and Burman. Mon people also living in Pa-an, Kawkareik and Kya-inn-seikyi Townships in Karen State. In those Townships, the Mon people are living along the rivers and streams, because they are the inhabitants of the lowland paddy cultivators. It is also known that there are a few numbers of Mon people in Pegu Division, which is not far from Rangoon (or Yangon), the capital of Burma.6 Additionally, there are many Mon people living in Yebyu Township of Tenasserim Division, the southernmost area of Burma. Almost all of the Mon people are Buddhists (except a few Christians). Traditionally, 95% of Mon people earn their livelihood by growing paddy rice and other crops. Therefore, they normally grow paddy crop along the coastal area of southern Burma, as well as planting durian, mangosteen, lime, sweet lemon, pomelo, pepper and betelnut trees etc. along the eastern part of the Mon State, especially in Ye Township. During the BSPP era (the socialist government led by Gen. Ne Win), thousands of acres of rubber plantation were planted in Mon State, under a government-run project, and consequently Mon State has become the main producer of raw rubber in Burma. As the population has increased, the cultivable lands have decreased. Formerly vacant and uncultivated plots of land have been turned into cultivated ones; paddy-growing farms and especially plantations. Most uncultivated lands were confiscated by the BSPP government to deploy troops or create government-owned rubber and other fruit plantations between 1962-1988.7

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But, betel nut, coconut plantations or small orchards are important to local economy in Mon’s areas. In Mon custom, the parents divided their lands into equal shares of ‘legacy’ and distribute them among their children. After a few generations have passed, they no longer have enough land to be divided into equal shares for all of their successors. This has lead many young Mon people to seek for livelihood as migrant workers in the neighboring countries including Thailand, Malaysia and Singapore, rather than relying on lands. In the last four years, the Burmese army based in Mon State has confiscated thousands acres of farmland. The farmers whose land had been confiscated were not given any compensation. They have no opportunity to take legal actions against the army. As a result, many farmers who lost their lands left to Thailand to seek employment. Those who stayed in villages and towns became landless and jobless. Human rights violations in the Mon’s areas have increased with the military deployments. Since 1995, thousands of additional Burmese troops have been deployed in Mon State. Even though the present military regime reached cease-fire agreement with the NMSP, the Burmese military authority failed to live up by the agreements. After the cease-fire, taking advantage on the withdrawals of NMSP’s troops, the government has increased its military deployment in the area. As the proverb by the Mon states: ‘misfortune never comes alone’, successive military governments in Rangoon have confiscated the Mon people’s private plots of lands while cultivated lands become scarce due to the increasing population. This situation has caused tremendous difficulties for Mon people who lives by means of agriculture. Thousands of Mon civilians were killed as a result of decades long Burmese military operations against Mon National Liberation Army (MNLA)8 and other armed groups are operating in the Mon’s areas. Until now, the military personnel have been inconsiderately abusing the basic rights of the local people. The army often accuses local civilians as rebel sympathizers. Killings, rapes, forced labors, and lands confiscating by the army are widespread in the areas.9 Despite the cease-fire agreement between the Burmese military regime and the New Mon State Party over the seven years, human rights violations in Mon territory has not yet stopped or decreased. The plight of Mon people has not yet brought to the attention of international community. The report is composed of 21 case studies conducted by the Mon Forum, the monthly publication of Human Rights Foundation of Monland (HURFOM), which has formally monitored the human rights situation in southern part of Burma. The Mon Forum has been reported on human rights violation in Mon State and southern Burma for many years to raise international awareness. The purpose of this report is to raise awareness on human rights abuses in Mon’s areas and to help bring the plight of Mon people to the attention of international community.

II. Data Collection

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The data were collected by interviewing the land-loss victims those are inside Burma and who fled to the Thai-Burma border area. The studies covered Mon State and some parts of Karen State and Tenasserim Division inside Burma. We, trained Human Rights Workers, visited confiscated land sites and interviewed many victims, Mon elders, and community members in order to obtain accurate numbers on confiscated land area, crop coverage, and their market values. We also interviewed the victims who fled to the Thai-Burma border and compiled the records on their losses. In case of exact numbers for the values of the land, crops or plantations were not available, estimated values, which were adjusted with the average market prices of the years that land was confiscated, were used. However, there are a few cases that we were not able to provide the estimate values due to very limited access to the sites or/and the owners. Although this report concentrates on land confiscation, we also documented other abuses such as forced labor, tax extortion, movement restriction, sexual violations, taken place in the area of studies. Since 1997/1998, HURFOM’s Human Rights Workers noticed about the land confiscation as the violations of ‘Economic Rights’ of the people in Burma, according to Article 17 of Universal Declaration of Human Rights, which described as: (1) Everyone has the rights to own property alone as well as in association with others; and (2) No one shall be arbitrarily deprived of his property.10 Since 1999, HR workers conducted interviews and collected information about land confiscation to the land-loss victims. In 2001 and 2002, when there were more land confiscation occurred in southernmost part of Mon State, HURFOM found it was a regime policy, ‘militarization’ in Mon State. HURFOM conducted interviews over 30 land-loss victims at their native area; 7 landloss victims who fled to border areas; 8 community leaders; and 3 Mon political leaders. We also examined some community records from Heads of Villages (HoV); local competent authorities; and even (secretly) with government servants. Some information are filed for years and kept as records to especially include in this report. III. Military Development and Land Confiscation III. A. Burmese military deployment in Mon State SPDC (the then State Law and Order Restoration Council – SLORC) has increased its troops from about 190,000 to 400,000 as a part of strategy to be able to stay in power in late 1988. The SPDC has not shown any intention to solve political problems by political means although many of the armed groups have agreed to ceasefire with the SPDC for a political change in Burma. The NMSP signed the ceasefire agreement with the SPDC seven years ago hoping to reach a political solution by peaceful means.11 However, the SPDC has expanded military deployment in Mon’s areas and confiscated thousands acres of land from Mon civilians over these years. Accompanying with the military deployments, various kinds of human rights abuses such rape, killing, forced portering, looting, and illegal taxation are widespread in Mon areas. Taking advantages on the ceasefire agreement with the NMSP, the SPDC has been increasing deploying army, police and militia forces in Mon State. According to the cease-fire agreement, the NMSP was allowed to choose twelve zones, which were 1|Page

approved by the Burmese military regime to locate its troops; these twelve zones are also called “permanent cease-fire zones”. The NMSP must keep all it troops (MNLA) within these zones.12 About half of the 12 zones are located in eastern part of Ye township, along Ye river. The remaining zones are located in the Three Pagoda Pass, Kya-inn-seikyi and Kawkareik townships. The NMSP has moved all its troops (MNLA) from various parts of Mon State, Karen State, and Yebyu Township of Tenasserim Division into the designated permanent ceasefire zones during 1995 and 1996. The NMSP was allowed to open liaison office outside in cities and towns in Mon State to communicate between the party and the military regime during ceasefire period. After the withdrawal of MNLA, the SPDC planned to deploy 10 additional Light Infantry Battalions (LIB) under the command of Military Operation Management Command (MOMC) No. 19. By 2001, nine of out ten battalions have already been deployed in Ye Township in Mon State. The nine battalions are Burmese LIB No. 583, No. 584, No. 585, No. 586, No. 587, No. 588, No. 589, No. 590, and No. 591. The SPDC sets up the headquarters of MOMC No. 19 in Ye and deployed its battalions in various parts of Ye Township. Thousands acres of land were needed for construction of military barracks and battalions, so that the military confiscated those land from the civilians in Ye Township, southern Mon State. The main purpose of increasing military deployment in Mon State is that SPDC tries to gain control of the areas, which had been controlled by the NMSP before the ceasefire agreement.13 Although the SPDC claims that expansion of its troops in Mon areas is to prevent external enemy14 or internal enemy such as Karen National Union, its real intention is to weaken the MNLA and to prevent the expansion of MNLA in the future. By expending Burmese troops near the ceasefire zones, which is close to the MNSP’s base, Burmese army could easily occupy the MNSP’s base if there were be a case that the NMSP resumes fighting against the government in the future. In other words, the Burmese army could pressure the NMSP if the NMSP would refuse to surrender when the government requires them to do so.15 Another purpose is to security of the area for both foreign and domestic investment sites, especially Unocal and Total, natural gas companies that have made economic deals with the SPDC.16 These investment sites are located in Tenasserim Division, Mon State and Karen State and the SPDC is trying to provide security to them as part of the deals. Therefore, the SPDC is increasing military deployments in the areas to protect a gas pipeline that provides gas to a cement factory17 , Yatana gas-pipelines and other investments. III. B. Background of Ye Township18 Ye Township is situated in southern part of Mon State. The majority of its inhabitants are the Mon, but some Karen people live in eastern part of the township. Ye Township, except the Ye city area, was under the control of NMSP from the beginning of civil war in late 1940s until the cease-fire between the Burmese military regime and the NMSP in 1995. The eastern part of Ye township borders with Thailand, while the western part borders with a long seacoast of Andaman Sea. Most of the Ye inhabitants are farmers. They grow paddy, vegetables, rubber plantations, and orchards. Some villagers who live along the coastal line are fishermen. ( See the map of Ye Township, Page # 102)

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Ye township is included in Moulmein district and it occupies an area of about 1085 square miles, the largest one among the 10 townships in Mon State. In term of communication and infrastructure, the township is accessible by motor road and railway. The township is covered with rubber, orchard, and betel nut19 plantation in eastern part and with paddy fields in western part. There are also mountainous area covered with thousands acres of monsoon rain forests. Geographically, therefore, it is attracted by both Mon and Karen armed groups to set bases and launch their military activities against the Burmese Army. Due to this strategically unique location, the Burmese Army could not suppress the rebellions for many decades. Since most of the inhabitants are Mon and Karen, the villagers in the area were constantly accused by the Burmese army as rebel-supporters. With this accusation, many Mon civilians from this township had been killed, tortured and raped during the armed conflict between the NMSP and successive Burmese military regime. After the ceasefire between the NMSP and the SLORC, the abuses related to suspicion of rebelsupporters seemed to be reduced in the NMSP controlled areas, eastern part of Township area and along Ye river area.20 But, a Mon splinter armed group is still operating military activities against the Burmese Army in both southern and northern parts of Ye Township.21 Thus, the civilians outside of NMSP control area have been still suffering from human rights violations that related to suspicion of rebelsupporters. In addition, the civilians in Ye township have been illegally taxed, required to serve as unpaid labor, and needed to provide food supplies at free of charge for the military battalions. Before deploying of the MOMC No. 19, there were four Burmese Army battalions, IB No. 61, IB No. 106, LIB No. 343 and LIB No. 299, based in the area.22 When these military battalions operated military activities against the rebels, soldiers usually took foods and livestocks from villagers and conscripted the villagers to be porters to carry their ammunitions and foods supplies. These battalions also took charge in land confiscation for new military deployment in the areas. Moreover, they forced civilians in the area to be unpaid labors whenever the army or township authorities implemented road construction and other development projects.

III. C. Land confiscation The main cause of land confiscating is the expansion of Burmese troop deployments in the Mon areas since 1998. As the number of military battalions increase, land confiscating and other human rights abuses were also increased in Mon areas. The numbers of Burmese troops has been double since 1998. As number of armed forces increase, the government does not have enough budgets to contribute food ration to their army and to pay for new constructing of army barracks. The government also has been facing shortage of rice, main food ration for the army, in recent years. In 1997, due to difficulties in collecting yearly paddy tax from the farmers and the decreases in paddy production in the country,23 the government received less and less paddy tax from the farmers. Moreover, the decreases in paddy production with the combination of market control by rice traders caused the price increases in local rice markets. As the prices increase, the regime is not able to buy enough rice to feed their soldiers. The regime was not able to provide sufficient food rations to some their local military commands including Southeast Region Military Command (also known as 1|Page

Southeast Command) based in Moulmein, the capital of Mon State. The Southeast Command controlled many battalions in both Mon and Karen State. Since the government could not to provide sufficient food supplies to the local military battalions, the local battalions were ordered to support themselves or “selfreliance” for food supplies and battalions operating expenses.24 But, the government provides salaries for all soldiers. As a result, the army and police confiscated thousands acres of land in Mon State to support themselves for food productions and battalions operation funds. Some lands owned by Mon villagers in Karen State and Tenasserim Division were also confiscated by the Burmese army. Since the beginning of 1998, the local military battalions have confiscated nearly 8,000 acres of agricultural lands in Mon State, Karen State and Tenasserim Division. Along with the farmland, hundreds million Kyats worth of plantations were confiscated and destroyed. Farmers from these areas have suffered from losses of their land, joblessness, and conscription of forced labor. The SPDC township authorities or local military battalions have directly participated in land confiscation. They use the confiscated land to grow paddy for local military battalions food supplies and for constructions of new barracks. To grow the paddy and to construct the barracks, the army also conscripted the local villagers as unpaid labors.25 In some cases, families were forced to work as unpaid labors on the land that they have lost to the army. This act was very inconsiderate of the army and created more hardships and pains to those families.26 Although SPDC issued the order to stop forced labour practices but the Burmese Army has not cared the order ( See the order in Appendix C; Page 74) Besides farmlands, some battalions and township authorities also confiscated orchards, rubber plantations, salt production fields, and pasture lands. In some cases, the lands were confiscated for the government so-called development projects and population transfer projects. In these projects, the local authorities confiscated lands for road, military housing, business buildings and other constructions. The army, police, or local authorities also confiscated some land when farmers could not afford to pay heavy land taxes.27 In fact, there are many thousands acres of uncultivated lands in Ye township. If the Burmese Army used those lands for construction of their battalions, it might not affect the traditional livelihoods of the local communities. However, the army did not use those lands for building their military barracks and other military purposes. The army chose to confiscate valuable farm and plantations, so that the army could own some parts of the farms and plantations that are not needed for building new barracks. The army can harvest the crops and earn money for use by their battalions. For example, LIB No. 343 confiscated many hundreds acres of rubber and betel nut plantations to construct 9 military barracks in late 1999 and early 2000. However, they did not need all those lands to build those 9 barracks. They cut down a part of the plantations for the space needed for the buildings. The rest of plantations were taken to the ownership of the battalions, and the army harvests crops and sells them in markets to earn income for the battalions.28 The land confiscating in Mon State was begun in early 1997. But, the major land confiscation occurred between 1998 and 2002 and still continues in 2003. In 1998 1|Page

alone, the Burmese army confiscated over 3,000 acres of land. Most of these lands are paddy farms and rubber plantation. These confiscated lands are located Kyaikmayaw, Thanphyuzayat, Ye townships of Mon state and Kawkareik and Pa-an townships in Karen State. Most of these land confiscations were not for building military barracks. They were used for food production for local military battalions. In some cases, the farmlands were confiscated for local military commanders and police officers’ own benefits (see case # 4). In the case of Thanphyuzayat Township, the local authorities confiscated land for the government so-called development projects. However, many areas confiscated in 1999 were for new military deployments in Ye township, Mon State. In order to deploy more army regiments in Mon State, the Burmese Army confiscated over 1, 000 acres of land from Mon civilians in Ye Township in 1999. In March 1999, a local SPDC battalion IB No. 61 confiscated about 300 acres of land from the local villagers in southern parts of Ye Town for deploying a new battalion, LIB No. 299. The lands were rubber, betel nut, cashew nut plantations and orchards. Most of these orchards and plantations were owned by Mon villagers from Hangan and Koe-mile villages. About the same time, another 200 acres near Koe-mile village, and 800 acres of land near Aru-taung village were confiscated. The sites of these confiscated lands are located along Moulmein-Tavoy motor road. About 70 percent of the lands are owned by the local Mon civilians. Most of these lands were covered with rubber, durian, betel nut, lime, and citrus crops, which are the main income sources for the local people. The local people had been farming on these lands for nearly 80 years (see case #7). The land and other properties owned by local civilians were also confiscated for Total and Unocal’s regional development project in 1999. In order to provide electricity from the Unocal and Total gas pipeline areas to Ye town, the local authorities also confiscated lands and destroyed local civilians properties which were worth about 10 millions Kyats. Although Unocal and Total’s regional development project benefits some villages in the gas pipeline areas, many villages suffered from Unocal and Total’s business activities due to increasing Burmese army deployment to secure its business interests in the area. (See Case # 6) Although thousands acres of land were confiscated in 1998 and 1999, only 100 acres were confiscated for military deployment in 2000. In this case, the landowner lost aproximate 8 millions kyats on their lands and plantations. Morover, 20 houses had also to be removed in a construction of gas pipeline from Tenasserim to Karen State because the those properties were on the way of the pipeline. None of these villagers received compensation for the loss of their properties. Land confiscations increased again in 2001 due to increasing military deployment in the area. Over 2,000 acres of lands were confiscated in 2001. The major purpose of land confiscating in 2001 was repairing an old Japense air base and deploying more battallions in Ye township. Burmese Army repaired an old Japanese air base, used during the WWII, to deploy a new air-forces base in the area. To secure the air base, the Burmese army requires more ground troops and artillery forces in the surrounding areas. As a result, hundreds acres of land and plantations owned by the villagers were confiscated for the military uses. The owners were not allowed to harvest their crops and did not receive any compensation for their losses.

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Some commanders from the Burmese Army said,29 “The main aim for the deployment of the air base, ground base and artillery forces in the area is to protect the area from KNU/KNLA’s activities.” However, it does not seem to be the only reason. The other reason is to keep the NMSP and its army at bay if they would resume the fighting against the government. The Burmese army also intends to push the Mon arm forces to the Thai-Burma border to cut off any supports from local Mon people. More than one thousand acres of land including plantations were also confiscated in other part of the Ye township. The LIB No. 588 and 587 confiscated more than one thousand acres of land in Tamort-kanin, Kun-du, San-kha-le, San-pya, and Done-phi villages. The LIB No. 61 confiscated 153 acres of lands covered with various types of plantation crops. The value of the lands plus crops were about 81 millions Kyats. None of these farmers and villagers received any compensation from the government. As military deployment continued, the confiscation also continued in 2002. Over one thousand of lands were confiscated in 2002. The LIB No. 586 confiscated 500 acres of lands belong to Thu-myaing and San-hnit-thar villagers of Ye township. Moreover, MOMC No. 19 confiscated 300 acres of land belong to San-pya and Done-phi villagers. The lands were used for building military battalions and for other military purposes. Over two hundreds of lands were also confiscated by other military battalions in the areas. IV. Analysis of Land Confiscation Although land confiscation occurred in Mon State and other parts of Burma for many years during the BSPP era and early SLORC (State Law and Order Restoration Council) period, it had not been known. In those days, a few plots of land were confiscated, but no massive force of the Burmese Army was deployed; and no accurate records were kept; therefore, the real loss of the Mon people is not known. Moreover, the rate of population increase at that time was not so much yet, and there still remained a lot of vacant and uncultivated land in Mon State. During the BSPP era, the Burmese Army and the government authorities confiscated virgin soil and vacant plots of land for military deployment so that there were not so much loss for the people. In comparison with BSPP era, more and more confiscation of lands have been seen in the latter military rules by the SLORC and SPDC since 1988. Mon State, and other areas where the majority Mon people live, are situated close to ‘Andaman Sea’ and the soil is fertile for seasonal crops and fruit trees and there are not much mountainous areas. Because they are easily accessible, the military government can confiscate more lands in Mon State because they can easily control most areas. The scale of land confiscation in Mon State has increased greatly since 1998. Since then, more lands have been confiscated, including many rubber and other orchard plantations. The Mon people have suffered great loss and the value of lost lands is enormous. 1|Page

In discussion about the confiscation of thousands of acres of land, with Mon political leaders, the reverend Mon monks, local Mon civilians, village headmen and Mon nationalists, the following comments emerged: 1. Armed Force Deployment: The present land confiscation is intended by the SPDC and Burmese Army to ensure that the armed force are deployed in the best places of land due to the increased army battalions and divisions. Simultaneously, they proposed to distribute the confiscated land among the families of the army personnel deployed in the area in order for these families to earn a livelihood. 2. Armed Force Stabilization: The present land confiscation program is connected to the stabilization and expansion of the SPDC’s armed force, the Burmese Army. In the Burmese Army, because of the hardship of day-to-day living and terribly low salary, many married soldiers abandon their armed units to earn enough money for their families. Hence, the desertion rates among the battalions and divisions in the Burmese Army is increasing and more and more married soldiers have abandoned their armed units. In order to solve this problem, the Burmese Army commands provide lands for married soldiers’ families so that the soldiers’ concerns for their families diminish, and they would be able to serve longer in the army. On the other hand, when they go to the frontline, they no longer need to worry about the survival of their families left in the battalion bases.30 Solving the main problem of soldiers would probably lessen the desertion rate, so that the numbers of soldiers in the armed force could be maintained consistently. Moreover, the soldiers’ families can be settled around the military bases so that when the soldiers come back from front-line, they do not need to go away from the bases in order to take part in agriculture and poultry and other money-earning activities. 3. Implementation of ‘Assimilation’ Policy: The confiscation of many thousands acres of lands and deployment of many thousand troops in Mon State is intended to promote a policy of ‘Assimilation’ or ‘Burmanization’ that the successive military governments in Rangoon have applied to the other non-Burman ethnic groups. The local military commanders encourage their soldiers to get married to the local ethnic women. After their soldiers have got married to those women, the commanders persuade the in-laws of those soldiers to act as army supporters or informers by giving privileges in the economics and social spheres. By urging local women who to get to the soldiers, and their relatives to speak Burmese language, the Assimilation policy could be implemented in long-term situation. The schools teaching native Mon language are threatened to be closed and replaced ones teaching the Burmese language. The Burmese Army’s bases in the areas will use their influence to use Burmese language as the main language in all schools, including the government schools, the battalions’ schools and the community established Mon national schools. The increasing use of Burmese language in the community and in the surrounding areas indicates the success of the government’s plan. According to the experience in Mon State and other ethnic regions, after the Burmese Army deployed their troops within 10 to 15 years the proportion of the population speaking the Burmese language has increased and consequently some villages and in 1|Page

some town wards no longer speak their native language, and instead speak Burmese language as their main language. Besides this, the villagers even teach their children to speak mainly Burmese language at home. In this way, in any area, where Burmese armed force are massively deployed, the successive military governments in Rangoon have systematically implemented their assimilation polity to ethnic communities. 4. Population Transfer Project: One other reason for land confiscating was for population transferring program. The SPDC, like the previous racist military regimes, has implemented “population transfer” programs in order to transfer Burman people from their native to the areas crowded with non-Burman ethnic people in order to convert these ethnic nationalities to Burman. Such practices is part of the government “Burmanization policy” to assimilate non-Burman ethnic to be Burmans. Furthermore, the regime also resettled their soldiers, retired and disables soldiers’ families by providing them land that was confiscated from the local civilians. The regime uses these resettles as its supporters. Most of those soldiers came from various parts of poor areas or central part of Burma and had never owned any pieces of land. The soldiers are happy to own the valuable lands given by the government and blindly turn to government supporters. This implementation creates conflicts between the local community whose lands were confiscated without any compensation and regime-supporters, who received valuable lands for free. The confiscation of many thousand acres of land and systematically bringing in the soldiers’ families are directly connected with the ‘population transfer’ scheme implemented by the military government. There are few opportunities for the officers and other members of the Burmese Army to go homes and make their livelihoods in their native Upper Burma or other parts of Burma after their retirement, because the population density there and the agricultural lands are scarce. If they are given possession of a considerable amount of land in the ethnic areas while they are in the army service, they would settle down there and decide to not return to their native homes. Then, Burman ethnic soldiers who settle in ethnic areas could also bring their relatives and help them seek jobs and find plots of agricultural lands. 5. Future Political Agenda: An experienced politician commented that the military’s stationing of its soldiers in the ethnic areas might link to the current regime’s foresighted political agenda. He explained that whenever there is an election in the future, the current regime will use the USDA31 or create a new political party, and therefore they will need voters in each constituency. In order to protect the Burmese Army for their past guilt and human rights violations, they need some of their representatives in parliament. For this political agenda, he said, now the regime is preparing their supporters for future elections. Currently the concerned military commanders in various bases in Mon State are also giving the political instructions to the USDA members to strengthen their organization as preparation for a future political party. They also force all government servants to attend the training that provides lecture about ‘the important role of the Burmese Army in Burma’s politics’. It is observed that the above-mentioned policy implementations are now more frequent than ever before. Usually, the ex-servicemen, who came from other parts of Burma, have been settled down more in Mon State, and are provided with important positions in every Township, Town Ward, Village Tract and Village level administrative body. Those ex-servicemen also receive special opportunities in

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economic activities, land management and income-generating projects provided by the SPDC. In the long-term, these ex-servicemen of Burmese Army would stand for the regime’s sponsored political party and support full implementation of the assimilation and population transfer project. Obviously, the military regime, in turn, provided their families and the relatives with land and economics privileges with an expectation that they would get support for the long-term. Similarly to soldier families and the exservicemen’s families, the in-laws of ex-servicemen and USDA families are also provided with many privileges during the SLORC and SPDC era. V. Land Act Burma’s first 1947 Constitution that guaranteed for Burma’s Independence in 1948 protected the rights to private property and the people enjoyed under the Article 23 – Economic Rights. This Article also protected the small farmers to not lose their lands and properties due to the exploitation of monopolist organizations such as cartel, syndicates and trusts. (See the Article 23 – Economic Rights of 1947 State Constitution on Page - 72, APPENDIX : A) The farmland in Burma was nationalized under the Agricultural Land Nationalization Act during the U Nu led parliamentary democratic government in 1953. Under this Act, the government confiscated all the lands from foreigners and landlords and distributed freely to peasants who had worked on the farms for a long period. The farmers, who were under the protection of the “Rights of Exemption”, should not need to lose their land unless they violated the article 11 of the Act. However, peasants must meet qualifications described in the Article 6 of the Act in order to be granted the “rights of exemption” from the government.32 During BSPP era 1962-1988, the government did not take the lands from farmers unless the farmers break the land laws, but the farmers had to register their lands in order to access them. The Burmese Army under the leadership of Gen. Ne Win seized the political power in 1962 and drew a new constitution based on Socialism in 1974 to permanently rule the country. The new Constitution rejected the ‘Economic Rights’ of 1947 Constitution and the farmers lost even to own their lands. The 1974 clearly states that the State or Government has ultimate power to own all natural resources including lands. State shall develop, extract, exploit and utilize the lands under the collective farming policy. Accordingly to this 1974 Constitution, the farmers were ordered by the State authorities what types of seeds or plants they need to grow in their lands, provide yearly tax to government and encourage the collective farming. When the authorities dissatisfied to farmers they have rights to confiscate any lands. During 1962-1988, the farmers have the rights only to work in the lands, but they never belonged the lands. Nevertheless, during the rule of SLORC and SPDC era, there are no rules of law. The government can confiscate the land anytime. There is no due process. Therefore, farmers feel lack of security. They fear that the army would confiscate their land that they have been working on for many decades even though they do not violate any land laws and regulations. Due to lawlessness under the current military regime, the farmers have no rights to complain for the loss of their land. They are no longer protected by the 1953’s Land Act. This land confiscation also violates political, social and economic rights of the ethnic Mon people (see the Appendix B, on page 73) 1|Page

VI. Burmese Army’s Responses Although there are no legal rights for farmers to file lawsuit against local army for confiscating their lands, the farmers did appeal to the regional military commanders for compensation. The farmers also requested NMSP leaders to ask the local SPDC for compensation agreed with market values or for land substitutions.33 Since the villagers have some protection under the cease-fire agreement between the NMSP and the government, the villagers were not punished for appealing to local authorities. In the past, the Burmese authorities usually punished villagers if they appeal or complain for their properties taken by the army. Due to the appeals, in some cases, the local authorities paid a small amount of compensation to the farmers or allow the farmers to continue to harvest their crops in the confiscated land. The landowners took various steps in appealing to the SPDC authorities. First, before the lands were confiscated, the villagers wrote letters and appealed to the concerned battalion not to take their lands, and to take uncultivated or unused lands instead. However, the battalions and the Southeast Command rejected the appeals. Second, after the land was confiscated, the villagers asked for the values of land and crops to be compensated at market price, but the army refused. Third, the villagers requested the commanders of the Southeast Command that they would like to harvest their fruits and rubber until the plantations became aging or less productive. The army again rejected the request. Finally, after a huge land confiscation occurred in Ye Township, Southeast Command agreed to negotiate with the villagers after many appeals by the villagers and requests by the NMSP. The Tactical Command No. 3 and LIB No. 343 called a meeting with villagers who lost their lands and village headmen. The meeting was held on January 30, 2001 at a monastery in Kun-du village. The Tactical command No.3’s Commander Col. Cho Htun Aung and LIB No. 343’s a commander, Maj. Lin Oo34 attended the meeting. Col. Cho Htun Aung explained that the purpose of deploying troops in the areas was to secure the areas, and the army took the land under the national security act, which means that the army has the rights to confiscate the land for national security purpose without any compensation. However, due to serial requests by the villagers, he said that he was given responsibility by Southeast Command to explain the villagers about the land confiscation. He said that he could not follow the villagers’ requests. But he decided to give permission to villagers to harvest their crops and collected latex from rubber plantation for three years under restricted conditions.35 The villagers required recommendation letters from village headmen every time they harvest their crops in the confiscated plantations that were in the military compound. The villagers need to take responsibilities for incidents such as bomb explosion and finding hidden weapons occurs in the compound and they would immediately be prohibited from harvesting their crops in that situation. Such restrictions put a lot of burden on villagers to harvest their crops in the military compound. For example, every time they harvested their crops or collected latex from rubber plantations, they 1|Page

have to pay or bribe the village headmen to get recommendation letters from them.36 The villagers were also afraid of stepping on land mines set by the army in the compound and fear of being unfair accusation by the army if anything happens in the compound. Because of these harsh conditions, some villagers abandon their plantations and decide not to harvest to their crops in the compound. After official meeting with villagers and most explanations were made by Col. Cho Htun Aung, Maj. Lin Oo of LIB No. 343 also called another unofficial meeting with villagers in a different place, in a monastery of Aru-taung village. He told the villagers that they were so lucky that the army still allowed them to harvest their crops and collecting latex in the confiscated plantations for three years. He admitted that, “Army had to confiscate these lands and plantations because it could sell the crops and latex from the confiscated lands and plantations for battalion operation funds.”37 Nevertheless, he said that those who harvested their crops in the compound must pay the 25% of their harvested crops to the battalions in kind or in cash. He warned the villagers that after three years of harvesting the crops, the army would completely own the lands and plantations. He said that hopefully the crops produced from the plantations could provide enough income for 700 Burmese troops including their families. The villagers were so disappointed his decisions, and more farmers decided to abandon their plantations. The army paid a small amount of compensation to the farmers when IB No. 61 confiscated lands for deployment of LIB No. 299 in southern Ye township (See Case # 7). The battalions paid a small amount of compensation for crops, not for the lands. The compensation was 7 Kyats for a rubber tree or a betel nut plant and it was much lower than the market value. The owners received only 2,000 to 3,000 Kyats per plantation that should be worth 200, 000 to 500, 000 Kyats in market price, depending on the ages of the trees and number of plants per acres. After the villagers received the compensation, they were not allowed to harvest their crops. The battalion harvested all the crops and sold them in the markets for their battalions’ fund. VII. Losses Caused by Land Confiscation: The Suffering of Landowners Mon civilians lost over 7000 acres of land and hundreds of millions Kyats in values of crops and plantations between 1998 and 2002 as a result of land confiscation by the government. Many people lost their jobs because their employment are based on those land and farms. Thus, land confiscation by the regime greatly affected the local economy. A lot of people lost not only their land but also all the money they have invested in their plantations. For example, a rubber grower needs to spend at least 20, 000 Kyats/acre in the first year of establishment and need to spend a lot on fertilizers, weed control, and fire protection until the plants reach the economically productive age, which usually takes 7 to 8 years.38 Betel nut and durian plantations may take longer than this time period to reach productive age. By nature, these perennial crop plantations could only be established after investing a large amount of money, time, and hard works. Some farmers or growers spend their life-time saving to establish a plantation. Without any consideration, the army confiscated those plantations from the farmers and harvest crops for its own benefits. Every normal person could imagine the losses and the pains those farmers needed to take. Besides the losses of properties, 1|Page

those farmers also suffer from severe depressions and helplessness. In addition to the losses of properties and jobs, the local civilians are also suffering from different of kinds of human rights abuses and taxes extortion by the army. Therefore, many civilians in the area have left their homeland for Thailand to find jobs to be able to feed their families and to escape from suppression and injustice.39 But, many of them could not afford to move and remain unemployed in town and villages. The high unemployment rate, helplessness, and depression create many social problems in the areas. The crime rate has increased considerably. The following are some detailed information on the land and properties confiscated, their locations and approximate market values, and battalions that are responsible for those confiscation. Land confiscation for the deployment of the LIB No. 299 in the southern part of Ye township, caused 17 families lost their lands and plantations, an estimate values of 20 million Kyats. Betel nut, cashew nuts and rubber plantations covered most of the lands. The biggest plantation included 2000 trees, and it was worth about 1.5 million Kyats in market prices. However, as previously mentioned, the army paid 7 Kyats per trees regardless of the types of plantations. With that compensation, the villagers could not buy new land or could not hire labor to clear uncultivated land. The battalion also confiscated many acres of farmlands and forced the villagers to cultivate paddy for them. LIB No. 343 and Tactical Command No. 3 confiscated 800 acres of land from Kunduu and Aru-taung villagers, and left 85 families land-less, jobless (See Case # 7). Most of these confiscated lands were planted with durian, betel nut, citrus and rubber trees. Growers who owned more than 10 acres of rubber plantations lost an estimated value of 2 million Kyats, while those who owned the same area of betel nuts plantation lost about 1.5 million Kyats. The total losses of the civilians from these two villages were about 98 million Kyats. (Note: Unofficial exchange rate during this land confiscation was 350 Kyats = 1 US Dollar)40 A villager who lost a large plantation said,41 “From these confiscated plantations, the growers could produce many thousands pounds of latex and many hundreds of thousands of betel-nut and many thousands of durian fruits. I estimate, rubber plantations could produce about 10, 000 pounds of latex per day, and betel-nut plantations could produce about 1.5 million nut per year, while durian plantations could produce about 120,000-180,000 fruits per season. So, this was a huge loss.” The growers produce the rubber latex from their plantations for 4-5 months per year, and betel nuts and orchard growers could harvest their crops once a year. Under the military dictatorship, there are no property rights. The civilians have no rights for the ownership of their lands. The government can confiscate land and properties whenever they want. Although heritage the land from their ancestors, they do not have the rights to own the land. Further, over 77 families lost their lands and plantations which were worth 170.2 millions Kyats when military battalions LIB No. 586, No. 587 and No. 588 spontaneously confiscated 1134 acres of lands in eastern Ye township. The ages of 1|Page

these plantations ranged from 3 years to 40 years. These 77 families include 305 adults (over 18 years old) and 392 children (under 18). They have totally relied on the plantations for their living. Many local people who worked as labors in the plantations also lost their employment. As the owner lost their lands, the workers lost their jobs. According to the landowners, nearly 100 permanent laborers and about 200 seasonal laborers lost their jobs due to this land confiscation. About 1000 adults and children who had relied on those plantations have to find new jobs for their food and shelters.42 Similarly, 8 families from Kaw-plaing village near Ye town also lost about 31 acres of their lands and properties because of the confiscation by the MOMC No. 19. These families lost about 4.25 million Kyats in values. The ages of the plantations are approximately 30-40 years. (See Care # 17) The main sources of incomes for Ye township’s inhabitants are producing paddy, rubber, betel nuts, and orchards which exports to other parts of Burma. If there were no illegal taxations on these products, local farmers would be able to make good profits from farming. However, because of heavy land taxes, extortion taxes, and land confiscation by local authorities, many local farmers could not afford to fulfill the required taxes. Whenever farmers were not able to pay the taxes, the government confiscated their lands. After the army confiscated farms and plantations, farmers need to find new cultivable lands to farm or to start new plantations because farming is, for them, the only way to make a living. Since they spend most of their life as traditional farmers, it is almost impossible for them to get a job in other professional areas that they are not trained for. Even if they have other professional training, it is still very highly competitive to get a job in Burma. Because, the military regime did not make any efforts for creation of jobs for the people. Finding a new land to farm is not an easy task. Most of the lands closed to their villages are already occupied. In other words, they have to move out of their native villages to where the cultivable lands are available. Since they had lost almost everything they own to the army, it is very difficult for them to move a way from the village or to buy lands that are near by their villages. In addition, civilians are not safe to work in places that are far from their native villages. Many parts of the Ye Township are armed conflict zones. Burmese Army could accuse them of rebel-supporters. Hence, many of these villagers had no other choices than to leave their homes for Thai-Burma border areas or work as illegal immigrants in Thailand for their own survivals and to help feed their families.

VIII. Impacts Assessment after Land Confiscation As 90% of the local Mon people rely on their paddy-growing lands, rubber plantations and fruit gardens for their livelihoods (and have done since the time of their ancestors), it is not easy for find alternative means for their livelihoods. After land confiscation, the Mon farmers and the civilians in the surrounding areas greatly suffered as below: 1. Suddenly being deprived of employment: When plots of paddy-growing lands or rubber plantations or fruit gardens are once confiscated it affects not only the owners 1|Page

of the properties and their families, but also the labourers and their families who live and work there, who became homeless and jobless. Generally, the owner of a rubber plantation has one to three hired labourers to collect the rubber sap. The number of labourers also depends on their sizes of plantation. The owners also hire another number of labourers for weeding of grasses naturally grown in the plantations. Like rubber plantations, the owners of other fruit gardens also need labourers to work in the gardens. Daily-waged or permanent full-time labourers are hired to works in the gardens not only for collecting and processing fruits (e. g. peeling betel-nuts), but also for weeding and cultivating in the plantations. Also in the paddy farms, during the whole year from the time before plowing starts until the harvesting, threshing and winnowing season, the farmers have to hire fulltime laborers. Seasonally, many day waged-laborers are needed for harvesting in the rainy season as well as for harvesting in the dry season. Therefore, when the rice farms or plantations of rubber and other fruit trees are confiscated, firstly the farmers or planters lose their properties and simultaneously many laborers who live or work on those farms (of which there are more than three times as many as farmers and planters), become unemployed. Accordingly to the employment situation in Burma, all of the members in a family are not usually employed. Generally, the heads of the families, men or women, seek to earn money to feed their whole families. Those day-laborers or full-time laborers working in the rice farms, rubber plantations and fruit gardens are working for their families’ income. Soon after they face unemployment, their families suffer from lack of income and hunger. In Mon areas, from 1988 to 2002, when over 1000 families of farmers and ganders were deprived of their lands due to land confiscation, over 2500 families of labourers who lived on those lands became unemployed. 2. Deterioration in social life: When the farmers, gardeners and workers, as well as all those who depended on those farm lands and plantations no longer have regular incomes, it also affects to their children’s education, primary health care, food and clothing insufficiency and other social matters. A man from Aru-taung Township, Ye Township, explained that, after his land confiscation: “Formally, my family could have 3 children attending school. My family had enough to provide them with sufficient education. I also enrolled one of my sons at Ye Town school for higher education. Although it costs very much for his schooling, private tuition and living, I could afford to pay. After my plantation was confiscated, I made him drop out of school and seek income as an occasional day-laborer in Ye.”43 There are some families whose lands were confiscated and who depended on those lands, who could no longer support their children at the appropriate level of education with their much reduced income. In Burma, the health care is seriously bad, even in the government’s hospitals and clinics. When the civilians need treatment in the hospital, they have to buy all their medicines and other necessary medical substances from private medicine shops. The 1|Page

number of private clinics has mushroomed in cities and towns, and these also provide medical service to the civilians but they have to pay a lot for the health care. Many families who had been deprived of their land and made jobless with no longer regular income cannot afford to pay medical bill when their families were sick. It is observed that most of the people whose lands had been confiscated have gradually deteriorated in living standard due to economic bankruptcy. 3. Population Displacement and Flux of Refugees: When most of local farmers or inhabitants’ rice farms, rubber plantations and fruit gardens had been confiscated, they were left with nothing to continue their usual works and on the other hand, they had difficulty making other livelihoods which are not related to agriculture. Some families moved to other places to seek vacant lands in order to replace their lost lands. However, in most cases, it is not easy to find an uncultivated or vacant plot of land, as almost all of the lands in Mon State is already possessed by the local people. Most families, who lost the lands could not find new lands, as most land belongs to the other people and because of security conditions. Even if there is land that is far from the local communities, there are threats from unknown robbers and armed groups, so that the land-loss families do not dare to seek lands in insecure areas. Most families who have left for other areas to seek uncultivated lands have become daylabourers for other land-owners after they could not find any land. In most situations, when they arrive to other places, they could not get jobs and then decided to move on to yet another place. Additionally, the families who left their homes always suffer from various human rights violations committed by the members of Burmese Army because of movement restriction in most ‘Black Area’44 by the regime. When the land-loss families stay in other areas, they are strangers and also suspected as ‘rebel-supporters’, so that they suffer from inhumane treatment by the soldiers of Burmese Army. Due to the above-mentioned situation, the land-loss families cannot stay in one place, but have to move from one place to another. Some of them went into New Mon State Party-controlled areas and tried to grow paddy, using in ‘slash and burn’ methods in limited agricultural lands in hilly areas. However, those people are mostly from lowland areas and they do not have much skill in to grow paddy in the hills, and their new lives in NMSP areas are very hard. They also have difficulty getting agriculture tools, seeds, seedlings, etc. The Mon Relief and Development Committee, a local relief and development organization for the displaced Mon people, has stated that the Mon people became displaced persons not only because of armed fighting between the Burmese Army and ethnic armed groups, but also because of human rights violations, land confiscation and unemployment. Almost all the displaced persons are hungry and in serious poverty. This committee also provides some emergency food assistance to those who lost agricultural lands after enormous land confiscation and displacement. The committee found most land loss displaced persons come from Ye Township. As well as in the NMSP-controlled zones, there are many unknown ‘Mon refugees’ in Thailand, but they are considered ‘economic migrants’, who seek work and income in 1|Page

Thailand, after the Mon refugee camps were closed after NMSP-SPDC ceasefire in 1995. Even after the ceasefire, the Mon people in the southern part of Ye Township and Yebyu Township have suffered from inhumane treatment by the Burmese Army with suspicion of being supporters of a non-ceasefire, rebel Mon group. Therefore the inhabitants in the north of these townships have suffered due to land confiscation. Although many families fled to Thailand after they found systematic persecution in the native villages, they could not find any Mon refugee camp in Thailand, to take refuge for the Mon people. 4. Migrating into Thailand: After being deprived of land, some family members of farmers and gardeners migrated Thailand to earn their livelihoods. There are many migrant workers in Thailand and they are defined as ‘illegal workers’ by the Thai government. Many percentages of migrant workers in the fishing industry and construction sites are Mon laborers as many of them migrated into Thailand to seek income. It is observed that the members of families who lost the lands have contacted their relatives or friends who were already working illegally in Thailand, and then they also went to those work sites as Thai employers demanded cheap labour from Burma. A man who was deprived of land and went to Thailand as illegal worker said: “When I was living in my village, I had no other job except working in my father’s rubber plantations. After my father’s rubber plantation was confiscated, I didn’t dare to go to the plantation. First they allowed us to go, but later the soldiers threatened us that saying that if they found some demolished things in our plantation, they would punish us. This was the way how they forced us to abandon our properties. Therefore, I communicated to my brother (my uncle’s son), who was working in Thailand, and as you see I had flee the village to seek works in Thailand.” Most of the workers who have illegally migrated to Thailand send their wages back to their families in Burma for their survival. However, to get into Thailand to reach fishing industries and construction site is not easy, due to the Thai government’s policy to arrest and deport all illegal workers from neighboring countries. Many migrant workers from Burma go into Thailand every day for various reasons due to deep poverty, human rights violations, forced population displacement, land confiscation and others. Migrant workers use all border points and try to get into Thailand by walking and by other means. 4. Worsening security conditions: When large numbers of troops enter an area, the level of danger to the local people in the area always rises. As soon as a military column encamps near or in the village, the local people no longer have security when they go to their workplaces - i.e, rice farms or plantations. Because of the military patrols on jungle roads, and check-points in various places, the local people suffer inhumane treatments, such as beating, looting and rape by the soldiers. Whenever the patrolling soldiers arrived to rice-farms or plantations in the ‘black’ or ‘grey’ areasthey always ask the farmers to get information about the rebels’ activities. If the farmers could not answer in a correct way, they are accused of being rebel1|Page

supporters or sympathizers and must face torture. The soldiers frequently accuse the farmers or gardeners of providing foods for rebel soldiers, providing information to them, and so on. Before the massive military deployment in Ye Township, the farmers who worked along Moulmein-Ye motor road could safely go back and forth to their farms or plantations. However since 2000, the situation has changed and most farmers in the area feel unsafe when they travel to their farms because of the regular military patrols and operations launched by the Burmese Army. Most farmers fear of being beaten or tortured by the soldiers and some do not dare to go to their farms. In 2002, the local battalions in Ye Township intensified their security arrangement. The farmers and gardeners were forced to hold traveling documents, issued by an army commander or a village headman, whenever they went to their farms or workplaces. If the farmers did not bring that traveling document, they could be accused of being rebel-supporters. Since then, the orders issued by the local army commanders have obviously become more and more harsh. In late 2002, the farmers and gardeners have been allowed to stay at their farms or workplaces only between 6:00 a.m. and 6:00 p.m. They can only take only one (lunch) meal with them when they go to their farms. If anyone takes more foods the amount allowed, he is severely punished. The local people stated that their security and livelihoods have been declined greatly since the military deployment in their areas. IX. Troop Deployments and Human Rights Violations Land confiscation is not the only abuse that Mon civilians are facing. Other human rights abuses such as forced labors and taxes extortion were also widespread in the areas. Human rights violations increased with the military deployment in Mon State since the army is the most serious abuser. After the MNLA moved to its designated zones, the Burmese army moved into the former MNLA controlled areas. Due to withdrawal Mon troops from outside cease-fire zones, the local civilians lost protection from Mon army. As a result, the Burmese Army has more opportunity to conscript forced labor, arresting villagers for porter service, extorting various types of taxes from villagers, and looting villagers’ belongings. The local civilians in Ye Township were among the most sufferers of such abuses. The army has constantly conscripted unpaid labor for government development projects, mainly in the construction of the Ye-Tavoy railway. Since the rural areas in Ye Township has been recognized as “Black Area”, the arrest of porters for the military operations occurred very often as well. In other words, the local civilians have to bear all cost for additional Burmese military developments in their areas. In some incidents, the army forced villagers to work in the lands that were confiscated for the benefits of soldiers and their families. The army also has increased checkpoints in Ye Township and other parts of the Mon State in order to collect illegal taxes from local civilians, who trade commodities in the areas. The following are some case studies of gross human rights violations committed by Burmese Army. 1|Page

A. Case Study of The Conscription of Forced Labor The conscription of forced labor had been constantly used in building the military camps for LIB No. 299. Since July of 2001, the villagers from Hangan, Kalort, Koemile and Mun-aung villages have been forced to contribute unpaid labor in building the military camps. First, the villagers were forced to cut down all big trees and clear grounds where the army needed to build the military barracks. The villagers had to cut down many betel nuts and rubber trees and gathered them in one place. They also had to dig the roots of the trees. Digging roots of big trees was a harsh job for villagers because they had to dig them by their hands. They were also ordered to level the ground. After the grounds were level, the soldiers forced the villagers to dig long trenches and bankers, and build fences. Not only human beings were forced to work in military barracks construction, two elephants from Mun-aung village were also forced to work in the construction. The elephants were forced to pull big logs to sawing site for processing lumber for the construction. Both chain saw and hand saw owners from these four villages were also conscripted to work in the construction site. The hand saw owners were forced to build sawpits and sawing logs to produce the required lumbers for the construction. The chain saw owners had to cut trees into logs. In July and August, about 50 villagers including elephant handlers and saw owners are forced to work in the construction every day. Then, in September and October, about 50-100 villagers have been forced to build the military barracks. Some skill carpenters from the villages were also forced to work in assigned construction sites. Although the use of forced labor in the southern part of Ye township for constructing military camps is widespread, in the southern part, it has not yet widespread because by the time conducting research of this report, the constructing the military camp has not yet started. The army just kept confiscating land and harvesting crops from the confiscated plantations. However, battalions were preparing for barracks construction. They ordered villagers to gather building materials and brought them to the battalion constructing sites for new battalions construction. For example, IB No. 61 ordered to the village headmen to provide bamboos and hardwoods to reconstruct and repair old Japanese air base. Every village with 200 households and above, near the base, had to provide 1,000 bamboos, 10, 000 roofing thatches, and 500 pieces of wooden poles to the battalion, and the headmen were instructed that all building materials should have collected before the end of October. B. Case Study for Collecting Fund for Construction of the Military Camps Moreover, the IB No. 61 and LIB No. 343 also requested cash from the villagers to buy planks and woods for new battalion. To provide necessary fund to complete deployment of a new military battalions, IB No. 61 also took responsibility in collecting cash from every village in southern part of Ye town and villages along Ye river bank. The IB No. 61 instructed the village

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headmen to collect fund from households in these villages ranged from 3,000 Kyat to 20,000 Kyat per household. Moreover, IB No. 61 troops also extorted other types of taxes from the local civilians. Whenever the troops launched the military operations, they arrested more civilian porters than required in order to ask ransoms for the release of unwanted porters. In addition, the troops set up many checkpoints on both land and water routes to extort commodity taxes from local traders, passengers, farmers, and fishermen. For example: IB No. 61 set up a checkpoint on the Ye riverbank in Kyaung-ywa village. They stopped every boat that travels in river and collected tax from passengers. Checkpoint Warrant Officer Aung Khin has collected tax 2,000 Kyat for one ton of logs, 200 Kyat for one sack of paddy, 50 Kyat for one sack of betel nut, and 500 Kyat for a big bamboo raft. Similarly, IB No. 61 also set up checkpoint in the mouth of Ye river Zeetaw village to collect tax or took fishes from the fishermen. Tax payment per boat is ranged from 500 Kyat to 2,000, depending on the size of the boats. If the boats could not pay tax, the army took gasoline or fish from the boats. Such abuses have greatly affects local civilians livelihoods. Everything they have earned, the local Burmese army took them all. C. Case Study of Sexual Violation Sexual violation against women or rape is the common practice among the members of Burmese Army and soon after the deployment of any ethnic area, the local women were raped or gang-raped by the soldiers of Burmese Army. LIB No. 587 confiscated lands in the northern part of Ye Township in 2001 and deployed its base between Aru-taung and Kun-duu villages and the local women were also raped by the soldiers. ( See the map of Ye Township, on Page 102) On July 8, 2002, three soldiers from LIB No. 587 arrested a 18 years old Mon girl near Kun-duu village, northern part of Ye Township and they as a gang-raped her. The soldiers repeatedly raped the young girl, Mi Khin Htwe (the daughter of Nai At) until she lost consciousness. The rape incident occurred in a half way between the two Mon villages, Aru-taung and Kun-duu, in the northern part of Ye Township. The native village of Mi Khin Htwe is from Aru-taung village. She and her two friends (a boy and a girl) paid a visit to Kun-duu village and when they returned to their homes in Aru-taung village, in evening about 4 o’clock, they met those 3 soldiers. As they knew the soldiers could make problem to them, and they also decided to return to Kun-duu village again. But the soldiers followed and dragged Mi Khin Htwe into a rubber plantation. Although the boy who came along with her tried to stop, but the soldiers pointed the guns at him and threatened to kill him. Then the boy ran to Aru-taung village, to ask 1|Page

for the help from the villagers. In rubber plantation, the soldiers repeatedly raped her until she lost consciousness. When a group of villagers arrived to incident place, the soldiers already left and they found only unconscious and injured girl laid down near a rubber tree. Then they carried her back to the village. Although the villagers and the headmen knew the case, they did not dare to inform to the battalion commander, because they were afraid. They only kept a silence for the case. Among three soldiers, one soldier was a medic in the battalion and he could recognized him very well, said by the boy. He added the other two soldiers were ordinary soldiers. There are many hidden cases of rapes near the newly deployed battalion while the local kept silence for almost cases as they have no place to take legal against these cases.

D. Case Study of Killing In Thanbyuzayat and Ye Townships of Mon State, the soldiers in the area have responsibility to guard the motor road, railway and a Kanbauk-Myaingkalay gas pipeline. They always launched the military patrol in the area and went around at night time along the main roads and into villages to check the activities of rebel armed force. During their military patrol in the area, some rape against women and killing the innocent villages also happened. On July 21, there was an incident of killing and rape happened in a village in Thanbyuzayat Township. A group of soldiers from Burmese Army’s Infantry Battalion (IB) No. 61 killed 5 villagers in ‘Galaing-padaw’ village after the soldier raped a young girl. Four soldiers of IB No. 62, which base in Thanbyuzayat town, took military patrol in area along the Thanbyuzayat - Ye motor road and a gas-pipeline nearby and they went into a Mon village called “Ganaing-padaw” in early morning about 4 o’clock. Ganaing-padaw village is situating about 9 kilometers far in southeastern part of Thanbyuzayat Town. (See Thanbyuzayat Township, page # 101) When they arrived into village, they entered into village secretary, Nai Kun Tit’s house. Nai Kun Tit did not wake up and they met his grand-daughter, Mi Eat Sar (16 years old and a school girl from a middle level school in a village nearby), who was cooking rice to give food donation to the monks in the dawn accordingly to Buddhist traditions. Four soldiers including a soldier, Thein Naing (Burmese Army’s ID Number 176399) climbed onto the house and raped the girl. While the soldiers were raping the girl, Nai Kun Tit waked up and tried to help her. But as he knew the soldiers had the guns and he run down from his house to garden’s entrance and shout to the villagers for help.

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Because of his shouting, one soldier shot at him. He lied down in the entrance of the garden and died on spot. And, the soldiers had quarrel each other as some of them disagreed shooting to the man. Then, they shot each other again. After several shooting on the house, other family members waked up and run around in the house while the shooting between the soldiers occurred. Then another four villagers, including Mi Eat Sar, the rape victim, was shot down by soldiers. They also died on spot with many injuries. The villagers who were killed in this incident are: (1) Nai Kun Tit (66 years old), the secretary of the village, (2) Mi Kun Bae (60 years old), wife of Nai Kun Tit, (3) Mi Eat Sar (16 years old), raped victim and grand-daughter of Nai Kun Tit, (4) Min Chit Ko (20 years old), grandson of Nai Kun Tit, and (5) Nai Wet Tae (42 years old), labourer for Nai Kun Tit’s farm. Because of shooting, a IB No. 62 soldier, Thein Naing, received serious injuries and lied down in the kitchen of the house. In the morning, the army officers from Thanbyuzayat’s IB No. 62 headquarters came and inquired the incident. And, when they found their men really involved shooting against the innocent villagers, they told the villagers to separate the news that the villagers were killed in the middle of fighting that happened between rebels and their battalions. IB No. 62 bases in Thanbyuzayat Town, which is about 80 miles far in the south from Moulmein, the capital of Mon State. It has main responsibility to take security of the area and Kanbauk-Myaingkalay gas-pipeline. In some areas, especially, in Ye and Yebyu Townships, the soldiers sometimes shot into the villages wth motor shells if they suspected the villagers were keeping the rebel soldiers. Villagers were killed and injured when the shells exploded in the villages and hit them. On November 6, 2002, when the soldiers from a joint military operation (that includes LIB No. 273, LIB No. 282 and LIB No. 267) shot motor shells into a Mon village, Khaw-za, in southern part of Ye Township, about 4:00 p.m. in the evening without notices, pieces of shell hit to three villages. Luckily, no one died but all of them got serious injuries. X. The Burmese Army and Local Businesses Since the military regime came to power, the regime has adopted a policy that every military command must involve in local business activities to raise fund for the welfare of their battalions. In practicing that policy, the Southeast Command ordered its local battalions (IB Battalions) to raise fund for their battalion budgets. Following the order, many battalions in Mon State collected various types of taxes from the civilians. Moreover, the battalions have engaged in local businesses such as logging concessions, transportation, fishing concessions, and trading. Some military officers joined venture with local transportation businesses. Some battalions have cooperated with officials from the Department of Forestry for logging and lumber businesses. By these engagements, the army exploited the local business groups.

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Some battalions, especially light infantry, whose bases are located in rural area complained that they have less chances to get involved in business activities. Therefore, in 1998, the Southeast Command authorized the local battalions to confiscate farms, orchards and rubber plantations. If a battalion does not have enough funds to operate its business, it collects money from the local civilians. Some local business groups do not like to joint venture with the local military battalion, but they usually do not have a choice. The army often disturbed or harassed such business groups. In some cases, business groups needed to provide funding on the request of the local battalions regardless of the performance of their businesses. In some occasions, the army threatened, harassed, or shut down other business groups that were considered to be competitors to the businesses owned by the battalions. XI. Conclusion and Recommendations Increasing military deployment in Mon State has caused tremendous problems and sufferings to local civilians. Thousands of acres of land have been confiscated and hundreds of millions Kyats worth plantations have been destroyed or confiscated by the Burmese army between 1998 and 2002. As a result, thousands of villagers lost their lands, and plantations and jobs. Many of them had to leave for Thailand to seek employments. In addition to land confiscations, the army forced local villagers to work on those lands as unpaid labors. The local army not only confiscated the lands and forced local villagers to build military barracks but the army also extorts different types of taxes from villagers to cover the cost of constructing new military barracks. The army confiscated farms and plantations and forced the owners to work on those lands without any pays or benefits. This act is very inhumane and causes tremendous hardship to the villagers. While some villagers, who had the opportunity, left for Mon refugee camps in the Thai-Burma border or for Thailand to seek jobs, others had no choices and worked on the farms in fear. Although the landowners and the NMSP urgently appealed to the SPDC for full compensations or land substitutions, the authorities ignored their appeals. In a few cases, in order to appease farmers and growers, the army granted them permissions to continue harvesting their crops or paid small compensation. But those compensations were very insignificant compared to market values of the lands and plantations. The Burmese army often accused villagers of rebel supporters and has inhumanely abused local civilians. Accompany with increasing military deployments, human rights violations such as tax extortions, forced labors, rapes, and killing have significantly increased in the areas. In addition to many types of human rights violations, the local authorities, SPDC’s officers, have practiced the government’s assimilation policy and have violated the basic ethnic rights of the Mon. They have shut down several Mon national schools, Mon literacy training camps and banned the celebrations of important occasions for Mon people such as the celebration of Mon National Day. They have set up population transfer projects and forcibly transferred non-Burman ethnic nationals 1|Page

from their native villages to Burman dominant areas. On the other hand, they have brought in retired Burmese soldiers, military personnel, and their families and arranged their resettlements on the lands confiscated from local ethnic. In summary, there has been lack of rules of laws under the current military regimes. Land and properties of civilians in Mon’s areas have been confiscated, and those poor farmers have not received just compensation. They have been forced to work without any wages, illegally taxed, and forced to relocate against their will. They have suffered from more severe human rights violations such as arrest, torture, rape, and killing. However, they have found are no places inside Burma to seek legal actions against the Burmese army. While poor farmers are painfully struggling for their survivals, families of the military regime have enjoyed all the best in life. The land that used to feed the nation has become Burmese army’s camps. Therefore, we see that it is a moral obligation for international community to stand by helpless ethnic farmers and civilians in Mon’s areas.

A. Recommendations to the SPDC · To create social, political, and economic development in the country; · To comply with the obligations under UN’s declaration of human rights; · To restraint further military expansion in ethnic areas in order to maintain peace and stability in the country; · To ensure that citizens, especially who live in rural areas, are not abused by undisciplined military personnel and soldiers; · To grant landowners the rights to file legal actions against local army, authorities, and police who confiscated their lands; · To end all land confiscations and other human rights abuses in Mon areas and grant fair compensation to farmers for their losses caused by land confiscations. · To commit to the establishment of a democratic parliamentary government in Burma; B. Recommendations to the NMSP and Other Armed Forces · To protect local people who fled to the Thai-Burma border areas while they are seeking for temporary sanctuary; · To develop a new mechanism to give protection to local people from various types of abuses committed by the military regime; · To respect, protect, and to fight for the rights of farmers and local people; C. Recommendations to the Royal Thai Government · To provide humanitarian helps to the victims who fled to Thai-Burma border and who are seeking for temporary sanctuary in the Kingdom; · To carefully observe the nature of conflicts in Burma, that is, to listen to or hear from both sides, Burmese military regime and the people of Burma · To adopt a new pragmatic diplomacy with the government of Union of Burma for maintaining peace and stability in the region; · To actively involve in solving political and economic crises in Burma;

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D. Recommendations to United Nations and International Community · To help stop human rights violations in Burma via its representatives and local offices; · To increase human rights violations monitoring programs in rural areas, especially in black and gray areas in cooperating with local human rights organizations, community groups as well as religious associations in the country; · To expend development programs in the rural areas, where there are very limited health care, education and employment opportunity; · To help transfer skills, technology, and resources to local people, especially for agricultural developments in the country.

CASE STUDIES: CASE 1: Land Confiscation in Kyaikmayaw Township, 1998 Confiscated by: Township Authorities/ Military Intelligence (MI) Location: Kha-yonegu, Kaw-swe Villages, Kyaikmayaw Township, Mon State Related abuses: Farmers are forced to work in their own farms, but had to give all crops produced to authorities or MI. They received some amount of paddy as rent cost. Location map: Kyaikmayaw Township Map, on Page 104. In October 1998, Kyaikmayaw Township PDC authorities confiscated about 50 acres of paddy growing farmland near Khayonegu village. After the land was confiscated, it distributed among township PDC authorities, police and armies. The authorities preferred to confiscate the land in October because they could harvest the crops on confiscated land as well. In October, crops are ready to harvest. However, the main reason confiscating the land was it located near a river which could provide water to the land for double crops farming. Due to this land confiscation, seven families lost their lands and jobs, and some of them migrate to Thailand to seek for employment. None of these families received compensation from the authorities. Similarly, Military Intelligence officer, Lt. Col. Mya Kyin Sein, from No. 5 Intelligence Battalion, based in Moulmein, confiscated another 100 acres of land from another seven Mon farmers of Kawswe Village, Kyaikmayaw Township in June 1998. The seven Mon farmers who lost the lands were: 1. Nai Hawar 2. Nai Kwat 3. Nai Hadoe 4. Nai Paw 5. Nai Zot 6. Nai Klaik 7. Nai Taing

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In this case, the military intelligence officer confiscated the land for his own profit, not for his troops. These farmers have not received any compensation for the cost of their lands. Although they rapidly appeal to him to return their lands, the appeals were rejected. However, finally he rented the land to the owners instead of return it to them. The owners have to pay rents 4 baskets of paddy per acre to him. In addition, the farmers also have to pay paddy taxes (12 baskets per acre) to the government. The intelligence officer did not help them with any farming equipment to farm on the land. Under the claim of making donation to the government sponsored State Buddhist Monks Association, the local authorities also confiscated land from local farmers Kyaikmayaw Township. By claiming to donate land to seven senior monks who are the heads of Mon State Buddhist Monks Association in Mon State, local authorities confiscated about 365 acres of farmland in Kyaikmayaw Township. Although the authorities claimed that the land and all paddy produced from the land would be donated to the monks, in fact, the monks have never received the land but only some paddy produced from land. The authorities took the land and the rest of the crops. CASE (2): Land Confiscation in Ye Township, 1998 Confiscated by: IB No. 61, LIB No. 343, and IB No. 106 Location: Tamort-kanin and Taung-bon Villages, Ye Township, Mon State Related abuses: Conscription of forced labour Location map: Ye Township Map, Page 102. The land confiscation of paddy-growing farmland and other land such as salt fields and rubber plantation land also happened in other township areas. In June 1998, after local battalions in Ye Townships were ordered to support themselves for food supplies and for battalions expenses, Ye Township based Burmese military battalions, IB No. 61, LIB No. 343 and IB No. 106 confiscated about 150 acres of farmland without compensation. The land is situated about 20 kilometers in the northern part of Ye town between the Tamort-kanin village and Taung-bon village. After confiscating the land, local Burmese armies have constantly forced farmers from Tamort-kanin, Taung-bon, and Aru-taung villages to farm in the land without pay during 1998 and 1999 rainy seasons. The farmers were forced to work in the land with rotation basis. There were thirty farmers per rotation. The farmers were not only forced to work in the farms without pay, but also have to provide farming equipments to cultivate the land. For example the farmers have to bring oxen and farm equipments to plow the land. In August 1998, with a plan to extend a new town section in outskirt of Ye town, Ye Township PDC authorities, No. 5 Intelligence Unit, IB No. 61 and LIB No. 343 confiscated about 100 acres of land grown with palm trees and paddies to build houses for government servants and military personnel. As a result, about 15 farmers from Ye town lost their land. These farmers’ incomes mainly depended crops produced from the land.

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After the land was equally divided into 268 plots, they (the plots) were distributed to the government servants and military and intelligence officers to build their houses. Some government servants also made profit from selling their newly built houses in the market. In September, 1998, IB No. 61 and LIB No. 343, also confiscated another 40 acres of salt fields (salt produced land) in the west of Ye town. Owners of the salt fields were not notified by the battalions in advance before the fields were confiscated. After the fields were confiscated, the armies went to the owners and notified them about confiscation and ordered them to keep working on the fields as unpaid labors. In other words, the owners not only lost their properties, but also were forced to work on their lands for the army without pay. CASE (3) Land Confiscation in other Townships in Mon State, 1998 Confiscated by: Thanbyuzayat Township Authorities and LIB No. 209; LID No. 44 Location: Mudon Township, and Taton Township in Mon State Related abuses: Farmers were demanded by soldiers to provide free seeds and germinated paddy plants Location map: Mudon Township Map on Page 100, and Thanbyuzayat Township Map on Page 101. In May 1998, about 100 acres of rubber plantations outside of Thanphyuzayat town were also confiscated to construct a new railway station. The plantations were owned by Nai Aung Ba and Nai Ain Wet. Both of them did not receive any compensation for value of the land and plantations from Thanphyuzayat Township PDC authorities. At the same time, another 300 acres rubber plantations in east side of the town were also confiscated by local authorities in order to resettle 150 families of town residents. These families were forced to move from other parts of the town, where the authorities confiscated their houses and lands to construct a telephone exchange office and to share the lands among Township government servants and authorities. Similarly, LIB No. 209 based near Kamawet village of Mudon Township confiscated 50 acres of pasture land in the west of the village. The land was used for raising cattle before it was confiscated. Although the battalion did not force the farmers to work on the farms, it asked farmers nearby to contribute free seeds and germinated paddy plants to its farm. The similar land confiscation was also taken place in other parts of Mon State, such as in Thaton, Chaungzon, Beelin, and Paung township areas during 1998. SPDC Light Infantry Division No. 44 based in Thaton Township also confiscated about 400 acres of uncultivated land, orchard plantation land, and rice farmland in the township areas. CASE (4) Land Confiscation in Karen State, where Mon People Live, 1998 1|Page

Confiscated by: Pa-an Township Authorities; LIB No. 547; LIB No. 548; and LIB No. 549 Location: Pa-an Township, Kawkareik Township, and Kya-inn-seikyi Township, Karen State Related abuses: Conscription of forced labour Location map: Kawkareik Township Map, on Page 105. As results of self-reliance programs of the SDPC, the Burmese military battalions in Karen State were also ordered to confiscate local farmland to grow paddy for battalions’ food supplies. Thus, the local military battalions in Pa-an, Kya Inn Seikyi, Kawkareik and Myawaddy townships of Karen State also confiscated hundreds acres of farmland and forced local villagers to cultivate the land to grow paddy. For example, in June 1998, Pa-an Township PDC authorities, Karen State, confiscated about 200 acres of land from 20 farmers of Than-hlae and Krone-sot villages. The lands were used to grow two seasonal crops to provide food supplies for local military battalions. The owners have not received any compensation. The local villagers, especially from the two villages, have been used as forced labors to work in the farms without pay. Light Infantry Division No. 22 based in Pa-an town and Township PDC authorities were responsible for confiscating the land and conscripting the villagers. The villagers from the two villages have been forced to work on confiscated farms with rotating basis. Similarly, in June 1998, the local battalions based in Kawkareik Township, LIB No. 547, LIB No. 548 and LIB No. 549 also confiscated another 500 acres of farmland from 40 farmers near Nabu village. The owners were also forced to work on the confiscated land. However, the farmers received paid to work on the farms. At the end of the season, each farmer received 100 baskets of paddy from the battalions for labor wages. But they did not received rents for the land and farm equipments or oxen. The farmers also have to pay for fertilizers and for hiring an additional worker. Hiring an additional worker cost farmers 75-100 baskets of paddy for the whole season. So in this case, the farmers received 100 basket of paddy at the end of the season for his or her labor but not for fertilizers and additional hiring labor costs and oxen and farm equipment rents. After subtracting all these costs, the farmers left nothing at the end of season. It ended up similar to unpaid labor. However, the farmers did not have to pay paddy tax to the government. Because of this forced conscription to work on their farms for the battalions, some farmers decided to abandon their lands and fled to other areas. Similarly, these three battalions also confiscated another 200 acres of villagers’ farmland and 250 acres of uncultivated lands along the Kawkareik-Myawaddy motor road between Kyonedoe and Thingan-nyinaung village tracts. The battalions grew paddy in the 200 acres of farmland while they grew rubber plants in the 250 acres of unculitivated land. The local villagers from Kyonedoe, Kanni, and Thingan-nyinaung village tracts were forced to work in both paddy cultivation and rubber planting without pay.

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Burmese local battalions, local police also confiscated some acres of land from local Mon villagers in Kawkareik Township and forced the farmers to grow paddy in the land. During the first and second weeks of July 1998, under instruction of Township police in Kawkareik town, local police who were policing around many Mon villages in the township areas had confiscated some acres of lands from local Mon villagers and forced them to work in the land. For example, a police officer, 2nd Class Warrant Officer, Than Hteik Shein, confiscated 5 acres of land from Kaw-bein village; Pol. Sergeant Ba Thein confiscated 5 acres of land from Kaw-go village; and another 2nd Class Warrant Officer Min Thu confiscated 5 acres of land from Kharit-kyauktan village in Kawkareik township. The police ordered the village headmen to force farmers to grow paddy on the confiscated land right after the land was confiscated. The villagers had been forced to grow and harvest paddy on the land for 1998 and 1999. Burmese military battalion, LIB No. 284 based in the township area also confiscated 100 acres of land along the Zami riverbank in Kya-inn-seikyi Township and forced villagers nearby to contribute unpaid labor. The confiscated land was situated near Warbogone village. Villagers from Wabogone, Kyotan, Thaketchaung, Natchaung and Kasat villages were forced to work on the farms. About 5-10 villagers per village were ordered to work on rotation basis. The village headmen were forced to take responsible for rotating the villagers to work in the farm. As the battalion wanted to cultivate two seasonal crops per year, the villagers were forced to work on the farm for both seasons. In dry season, in order to store water for farming, the villagers were forced to build embankment on the farms. Besides growing paddy, the battalion also forced the villagers to clear forest to grow rubber plantations.

Case (5) The Dams Construction and Land Development, 1998 Confiscated by: LIB No. 406, LIB No. 410, LIB No. 273 Location: Yebyu Township area, Tenasserim Division Related abuses: Conscription of forced labour; tax extortion Location map: Yebyu Township Map, on Page 103. Although majority of Mon people in Mon State are paddy growers, less than 50% of inhabitants in Yebyu Township of Tenasserim Division are paddy farmers. Most of them are orchard and perennial crops growers and fishermen. The township has thousands acres of uncultivated land or cultivable wasteland. So Burmese local military battalions are instructed to develop new land for cultivating paddy. However, the local military battalions had already confiscated many acres of farmland before the land development project was started. There are about 10 SPDC military battalions in Yebyu township area. Some battalions confiscated farmland from farmers while the others developed cultivable wasteland for paddy production. For 1|Page

example, LIB No. 410 confiscated 50 acres of farmland owned by Singu villagers in 1998. After confiscation the land, Singu villagers were forced to work in the farms without pay. Similarly, LIB No. 406 confiscated another 60 acres of farmland near Yapu village and forced villagers from the village to work on the land as well. Thus, in August 1998, before beginning to develop uncultivated or wasteland land in the area, the local battalions decided to build dams or embarkment first around the area where the land would be developed for irrigation systems. The local military battalions have built four dams in the township. These dams are located in Singu, Hmaw-gyi, Kywethonyima, and Mintha. The local battalions have conscripted hundreds of local villagers as forced labors from over 20 villages, mostly from Mintha, Eindayaza, Kywethonyima and Natkyisin village tracts to work on the dam constructions without pay. The villagers were forced to clear bushes, cut small trees, and construct over 7, 700 feet long embankment to irrigate 400 acres of land. The constructions lasted from August 1998 to April 1999. After the dams’ constructions have completed, most villagers return to their daily works for three months from May to July of 1999; however, the villagers from Natkyisin village tracts were forced to work on the Ye-Tavoy motor road construction instead. Starting August 1999, the villagers from above 20 villages were again forced to work on land clearing to grow paddy for battalions. The villagers were instructed to complete land clearing by the rainy season which was started in the month of May so that the battalions could start growing paddy. The villagers were assigned to clear land for 4675 square feet (85 feet in length and 55 feet in width) per household. They had to clear all trees, bushes, and grasses as well as to level the fields. After the villagers have completed clearing lands, the villagers were ordered to throw the wastes in rivers because during the rainy season, the villagers could not burn these wastes. It took villagers’ times and energy to throw all wastes in the rivers. This also caused environmental demages by pullating water in the river. After the land development have completed, the battalions hired the local villagers to work in the land. The battalions paid half of crop produced from the land to farmers after harvesting. However, the villagers were reluctant to work in the battalions’ farms for fear of being punished if they could not produce higher yield from the land. The land was also not good for growing paddy because it was flood during the rainy seasons. The farmers were also fear that they would not get full amount of rents at the end of reasons as the battalions have never kept their promises to the villagers. However, the villagers have no choice. Those who did not want to work in the land fled to the Thai-Burma border. Tax Extortions and Forced Labors : The following information shows how LIB No. 273 collected taxes and conscripted forced labour from the local villagers to clear land and grow paddy around Kywethonyima dams. In order to develop these uncultivated lands for paddy production and to install irrigation systems, LIB No. 273 was provided 6 millions Kyats from the Border Area Development Program. However, these budgets were not enough to construct 4 dams and clear 400 acres of land. Therefore, the battalions had to conscript hundreds of forced labors and collected additional taxes from local villagers. The battalions 1|Page

ordered village headmen to collect 3.5 millions Kyats taxes from the local villagers. The tax had been collected at four different times. The tax payment ranged from 500 to 10,000 Kyats per household. Land confiscation for new settlement or new town section: In the previous years, the Burmese Army has confiscated many acres of land to construct a new section of towns or cities for resettlement villagers who were forced to relocate from their villages. In recent years, the Burmese Army has relocated hundreds of villagers from the rebel-controlled areas into the government-controlled areas in order to cut off communication between rebels and civilians. As a result, the local Burmese army confiscated land from civilians under the government controlled-areas to resettle these forced located villagers. Moreover, land in outskirts of a town was always targeted for confiscation whenever the government planned to extend a new section of the town or construct a new satellite town. Such confiscation of land happened in most of towns or cities in Mon State. Sometimes, whenever the government constructs a new building such as prison, factory for foreign companies, and housing for surrendered rebel groups, land owned by the civilians in the outskirt of a town was always targeted for confiscation by local authorities. So far, the government has built many roads and bridges by confiscating land from local villagers. When the government built Ye-Tavoy motor road, many acres of private properties such as houses, plantations, and farmland owned by Mon villagers in Ye and Yebyu township area were confiscated. When the route passed into a village, villagers were forced to move out of their properties immediately. Case (6) Land Confiscation by SPDC Troops for Constructing Power Lines from GasPipeline Area to Ye Town, 1999 Confiscated by: MOMC No. 8 Location: Yebyu Township, Tenasserim Division and Ye Township, Mon State Related abuses: Forced relocation, conscription of forced labour, forced to population displacement Location Map: Ye Township Map on Page 102, and Yebyu Township Map, on Page 103 During 1999, local Burmese troops from military operational Management command (MOMC) No. (8) under command of Coastal Region Military Command has confiscated many acres of civilians’ land in Yebyu township area for power lines construction in order to transport electiricity from Unocal and Total gas-pipeline area to Ye town. Under the development program of TOTAL and Unocal, the companies have been providing electricity to Ye town and villages near the town. To transport electricity from the gas pipeline area to Ye town, local the Burmese army has taken responsibility in clearing routes in order to construct power lines along Ye-Tavoy motor road.

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Therefore, local authorities have confiscated many acres of land from local civilians to construct the power lines. If the power lines cross through private properties, the properties were confiscated without compensation. Amount of properties were different from one family to another. In some cases, both houses and plantations were confiscated while, in other cases, only houses or plantations were confiscated. For example, when local Burmese army installed the electric poles near Kyaukadin village, the poles passed through a house of a Mon family, Nai Daing and Mi Hla. The whole of Nai Daing’s house was confiscated or destroyed without compensation. The army ordered his family to move out of the properties immediately. According to the family, they lost about 1 million Kyats for property damage. They did not receive any compensation from the army or local authorities. Similarly, when the poles passed near Kwe-tha-lin village in Yebyu Township, it passed through Nai Char-Mi Hla Kyi betel-nut plantation, and the whole plantation was confiscated. After the army harvested all betel nuts from the plantation, it cut down all betel nut trees. This family lost about 600 betel-nut trees which were worth about 2 millions Kyats. The family did not receive any compensation for both land and plantation. The following are family victims who lost their properties including houses, plantations, and farmland from Kwe-tha-lin village due to power lines construction. (1) Mr. Nai Lain & Ms. Mi Hla Din (2) Mr. Nai Pho Sein & Ms. Mi Khin Nyunt (3) Mr. Nai Pha & Ms. Mi Nyi Ma Lay (4) Mr. Nai Thaung Nyein & Ms. Mi Khin Myint (5) Mr. Nai Myint & Ms. Mi Khin Aye (6) Mr. Nai Kit & Ms. Mi Khin Nu. None of these families receive any compensation from local authorities or gas and oil companies. Not only Kwe-tha-lin villagers lost their lands, other villagers who were living along Ye-Tavoy motor road also lost their land and other types of properties. Under the socalled development program of Unocal and Total and the SPDC, the villagers in the area were often conscripted as forced labor for constructing military encampments, roads, and other projects that provide security for gas pipeline projects and infrastructure for both SPDC troops and companies’ field personnel. Under the development projects, only thirteen villages around Kanbauk area benefit from the projects such as building schools and clinics, the rest of villages in the areas greatly suffer from human rights violations as result of companies’ businesses activities in the area.

Case (7) New Military Battalion Deployment and Land Confiscation 1999 Confiscated by: IB No. 61, LIB No. 299, LIB No. 343 1|Page

Location: Hangan and Koe-mile Villages, Ye Township, Mon State Related abuses: Conscription of forced labour; Tax extortion Location Map: Ye Township Map, on Page 102 . Related table: Appendix D: Table 1(page 75) and Table 2 (page 76) During 1999, in order to deploy more Burmese army regiments in Mon State, the Burmese Army’s Southeast Region Military Command (Southeast Command) confiscated over 1, 000 acres of land from Mon civilians in Ye Township. In March 1999, in order to deploy a new military battalion of LIB No. 299, 300 hundreds acres of orchards and rubber plantations from local villagers in northern part of Ye Township were confiscated by IB No. 61 without compensation. The land was grown with rubber, betel nut, cashew nut and orchards. Most these plantations were owned by Mon villagers from Hangan and Koe-Mile villages. As a result of this land confiscating, about 100 families from these two villages lost their plantations and land. In this case, the owners received a small amount of compensation from IB No. 61 which took responsibility in confiscating the land. The battalion paid 7 Kyats per plants or tree which was much lower than market prices. According to the villagers who lost the land said that they have planted these plantations about 10-15 years and invested a lot of times and money. With the market prices, a plantation with 100 betel-nuts trees could be worth about 300, 000 Kyats. Such land confiscation resulted in great hardship for villagers whose their incomes mostly depend on the land. Some of them have to find daily labors which they are not experienced, and others send their sons and daughters to Thailand to sought jobs in order to support their families’ hardship back home. Although Ye township has thousand acres of unused land or uncultivated land, the SPDC did not take these land for its military purpose. Instead the SPDC took the land that has been planted rubber trees and orchards. Build the Barracks: After land was confiscated, the local villagers from Hangan and Koe-Mile villages were forced to work on the confiscated land to build military camps for LIB No. 299 in April 1999. In May and June of 1999, the battalions also forced villagers from other villages in southern Ye Township to clear the ground, build fences, dig trenches and bunkers, and build the barracks. According to a Kalort villager who was conscripted to work in the building of the military camps explained: “When we arrived to the new battalion site, the soldiers told us to cut down the trees and clear the ground. We had to cut many young betel-nut trees and gathered them to one place. The soldiers also sold the trees in the market to earn extra income for their battalions. Then we were instructed to clear the ground. We had to dig the roots of the betel-nut trees and filled the holes with dirt, and level the ground to construct the barracks. And one sergeant ordered us to dig trenches. While we were digging trenches, the army officers were gathering planks and woods to build the military barracks. I was forced two work there for five days without pay.”

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Besides the conscription of forced labor, the battalions in Ye Township, IB No. 61 and LIB No. 343 which were in charge of constructing new battalions also collected cashes from villagers in Ye town and villages along Ye river bank to buy planks, woods and other building materials. Burmese military IB No. 61 instructed the village headmen to collect fund ranged from 3,000 Kyats to 20,000 Kyats per household depending on the size of the villages and population in the villages. Checkpoint business and tax extortion: Moreover, to support for the deployment of this new battalion, IB No. 61 troops also collected various types of taxes from the local civilians. For example, whenever the troops launched the military operations, they arrested more porters than they required. Then they asked a ransom for surplus (unwanted) porters in order to release them. Furthermore, the troops also set up checkpoints on the main motor and water routes to collect taxes from passengers who are trading commodities along the routes. For example Burmese IB No. 61 set up a checkpoint in Kyaung-ywa village to tax commodities that were trading along the Ye river route. The checkpoint officer Warrant Officer Aung Khin has collected tax 2,000 Kyats for one ton of logs, 200 Kyats for one sack of paddy, 50 Kyats for one sack of betel nut, and 500 Kyats for a big bamboo raft. Similarly, IB No. 61 set up checkpoints in the mount and other part of the Ye river and taxed fishermen. It also set a checkpoint in Zeetaw village to tax fishing boats. The tax payment ranges from 500 Kyats to 2000 Kyats per boat depending on the size of the boats. If boats could not pay the taxes, the army took gasoline or fishes from the boats. The taxes are funds for IB No. 61 battalion’s expenses and for construction of the new battalion. While about 200 acres of farmlands were confiscated in southern part of the township, near Koe-mile village, and another 800 acres of land were confiscated by in the northern part of the township near Aru-taung and Kun-duu village in April 1999. The sites of these confiscated land was located along Moulmein-Tavoy motor road. Most of these lands (about 70%) are owned by the local Mon civilians. The land was grown with rubber, durian, betel nut, lime, and orange plantations which were main income of local people. The local people had been farming on these lands for nearly 80 years. However, as a result of the land confiscation by the army, local civilians have suffered great loss of their properties which they had been depending on for their incomes. They became helpless since they could not complain their causes to the Burmese military regime. The purpose of this confiscating land was to deploy an army battalion, LIB No. 343 and an artillery regiment (Tactical Command No. 3) in the area. LIB No. 343 was originally based in Ye town. According to sources close to Southeast Command, the purpose of deployment of the battalion and artillery regiment is to protect or secure a Burmese air base in the area. The air base was an old Japanese air base during World War II. So the SPDC repairs the base to deploy more air forces in the area. Because of this land confiscation, about 83 families of villagers from Aru-taung and Kun-du villages lost about 600 acres of lands grown with rubber and various kinds of fruit plantations which were worth about 98 millions Kyats. (Note: Unofficial

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exchange rate is about 1 US D = 350 Kyats in estimation during this land confiscation.)

Case (8) More Land Confiscation for Military Deployment, 2000 Confiscated by: LIB No. 343 Location: Northern Part of Ye Township, Mon State Related abuses: Conscription of forced labour In February, 2000, SPDC’s LIB No. 343 confiscated another 100 acres of land from 13 Mon farmers in northern Ye Township for new military deployment. The following are landowners whose their lands have been confiscated by the Burmese Army without compensation. (1) Nai Myo Lwin (2) Nai Nyan Thein (3) Nai Na (4) Nai Dar (5) Nai Thar (6) Nai Aung Shein (7) Nai Taung Aye (8) Mi Kin (9) Nai Tee (10) Nai Pan Tin (11) Nai Khin Aung (12) Nai Yeah. (13) Nai Kun Ba Of these farmers, 8 farmers owned both betel nut and rubber plantations while 3 farmers owned only betel-nut plantations, and the remaining 2 owned rubber plantations. The estimated values of these plantations were approximately 9.75 million Kyats. The land confiscation was ordered by the Southeast Command based in Moulmein, the capital of Mon State, and the LIB No. 343 carried out the confiscation. After confiscating the land, the battalion forced villagers to cut and clear part of plantations to build military barrack and other military facilities. The rest of the plantations were used for the battalion’s incomes. Appealing to Military Commanders: After Burmese army has confiscated hundreds acres of farmland along with plantations in northern part of Ye township, 97 farmers, who lost the land in the areas, wrote a letter to Southeast Military Command and requested the military commanders three points: first, they requested for compensation of the land, second if the army would not pay them compensation, they requested for land substitution in order for them to continue to grow fruits and

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rubbers, and third, if the army would not allow the above two requests, they requested to harvest their crops in the confiscated lands for three years. A Meeting with Farmers and Burmese Army, January 2000: After the farmers appealed to Southeast Command in Moulmein, strategic commander, Col. Cho Tun Aung, called a meeting with the farmers on January 31, 2000. In the meeting, the commander explained that due to urgent requirement by the army, they have no choice but to confiscate these lands. However, he said the army would allow the farmers to harvest their crops for three years. Of course, the owners whose their plantations had already been cut down to build barracks were not able to harvest their crops. They lost land, plantations, and lost chance of three years harvesting crops. But the commanders instructed and warned the farmers that when farmers enter to their plantations, they must have permission letters from village headmen. Only the owners of plantation can harvest the crops. If something happens in the plantations that would harms the army, the plantation owners must be arrested and punished. The harvesting must be immediately stopped. After the strategic commanders explanation and threatening the farmers, commander of LIB No. 343, Maj. Lin Oo, ordered the farmers to give 25 percent of their harvested crops to the army. If the farmers could not pay in kinds, they could pay in cash. However, the army prefer in cash since they (army) do not want to take responsibility to sell these crops in the market. Because of this restriction from the battalion, most farmers decided not harvest to their crops. Some who harvested the crops also faced various restrictions imposed by the army which delayed the harvesting of their crops. As a result, some farmers have abandoned their land.

Case (9) Confiscating Properties to Construct a Gas-pipeline, 2000 Confiscated by: Nationality Race and Border Area Development Ministry and Southeast Command Location: Tenasserim Division, & Mon State Related abuses: Conscription of forced labour; forced relocation Location Map: Kanbauk-Myaingkalay gas pipeline in Southern Burma Map, on Page 106 In November 19, 2000, local SPDC authorities have planned to construct a gaspipeline to transport natural gas from Yadana gas field to Pa-an township of Karen State in order to operate a cement production factory in Myaingkalay. The gas pipeline construction passes through Mon State to Karen State. The SPDC’s Nationality Race and Border Area Development Ministry and Construction Ministry (NRBADM) and Southeast Command have taken responsibility to construct the pipeline. The pipeline was constructed along Yebyu-Ye

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motor road, Ye and Moulmein motor and railways roads, Moulmein-Kyaikmayaw motor road. The construction has caused hundreds acres of land to be confiscated by the local authorities. For example, the local authorities confiscated land and plantations owned by villagers from Yapu village tracts when the construction passed through these lands and plantations along the Yebyu-Ye motor road. Moreover, the owners and other villagers from the areas were also forced clear the pipeline construction route. Some villagers not only their lands were confiscated, but also were forced to clear their plantations for the construction. When the route passed through Ye–Moulmein motor road, some paddy farmland in the area had been confiscated as well. On November 27, 2000, when the route passed through a Mon village near Thanphyuzayat town, called Wae-ka-rat, about 20 houses were destroyed. The owners of the houses were ordered to destroy their houses, cut any trees in their yards, and leave their houses within three days. Because of such orders, these villagers became homeless and landless within 3 days. Similarly, on November 29, 2000 when the route passed Wae-thun-chaung village, near Thanphyuzayat town, about 10 houses were destroyed, and many acres of land were confiscated. The villagers were also ordered to destroy their houses, cut their trees and leave their houses within three days as well. Some of the victims (land owners from that area) are as follow: (1) Nai Mun Tin (2) Nai Nyan Sein (3) Nai Ai (4) Nai Pyin (5) Nai Kyaw Aye (6) Nai Ohn (7) Nai Sein None of these families received any compensation from the authorities. The authorities also did not provide place, shelters or land for the families. So they suddenly became homeless, landless, and displaced person due to this government development project. These families had been living on these land for hundreds years. Because of the current military regime, they became homeless, landless, and displaced person within three days. Based on land and housing market price of 2000, the values of these houses would cost from 0.5 million Kyats to 2 millions Kyats. Moreover, when the route passed through Kyaikmayaw Township, about 200 acres of land grown with orchard and paddy owned by villagers in Kyaikmayaw Township were also confiscated. None of these farmers received any compensation. Before the pipeline was constructed, the local authorities said to the local villagers that the pipeline construction would provide electricity for people in the area. When the construction was completed, it did not turn out what the local authorities said to local villagers. In fact, the gas pipeline is for transporting gas for a cement factory, not for providing electricity for the local villagers. The local villagers did not only receive 1|Page

electricity, but also lost their lands and houses. Moreover, they were also forced to work in the construction without pay. Therefore, due to the pipeline construction, hundreds of civilians in Tenasserim Division, Mon State, and Karen State have lost their lands, plantations and houses. The government officials have never compensated for the loss of the properties to the villagers because the government claimed that all land in Burma are owned by the State. So the state can take it whenever they want to. Case (10) Land confiscation and tax extortion for development projects Confiscated by: Township authorities from Chaung-zon Township, Thanbyuzayat Township and Mudon Township Location: Chaung-zon Township, Thanbyuzayat Township and Mudon Township, Mon State Related abuses: Illegal Cash Collection Location map: Mon State Map, Page 99 Besides land confiscation for constructing gas-pipeline project, the local authorities also confiscated land and extorted money from local villagers for development projects, especially for road construction. On November 10, 2000, Southern part of Chaung-zon Township PDC township authorities instructed Kwan-Hlar village headman U Maung Than to confiscate 200 acres of paddy fields and 100 acres of toddy plantations. The local authorities, who ordered to confiscate the land, claimed that the land confiscation was for constructing of a new village. But, according the local villagers, who lost their lands, said that that the land confiscation was neither for constructing a new village nor from the higher authorities order. The land confiscation was only for the local authorities personal benefits. The local authorities sold these lands to other villagers for their benefits. On November 27, 2000, the government ordered to stop using forced labor. However, local governments used alternative method to use forced labor. The local government collected taxes from the local villages to hire labor and to pay for development projects. (See Appendix C, Page 74) Example : one In Thanphyuzayat township of Mon State, when the authorities built 15 miles of motor road, which passed through Karote-pi, Wae-galaung, Kaw-lay, An-kae, Htinnyu and Ah-nin villages, the local authorities ordered civilians in these villages to pay for all cost of road constructing. As a result, the villagers from these villages have to pay 3000- 7000 Kyats per household depending on household incomes for the road construction. Example : two Similarly, local authorities in Ye Township have also collected millions of Kyats from 1|Page

the villagers in eastern part of Ye Township area to build a 10 mile-long motor road from Ye to Kyaung-ywa village road in August 2000. From this road construction, the authorities requested about 7.9 million Kyats from 17 villages, which are located near the construction. The village headmen from these villages have to complete collecting money and sent it to the authorities in Ye before the road constructing began. Therefore, villages with 200 households had to pay about 700,000 Kyats while village with 30 households have to pay about 150, 000 Kyats. Thus, the smaller and poorer villages had to pay more tax than richer or more populated villages for the road construction. Moreover, when the authorities tried to build a new bridge in Ah-zin village, near Andaman Sea, Township authorities instructed village headmen to collect taxes 1000 Kyats per low-income household and about 3000-4000 Kyats per higher income household. Example : Three On December 18, 2000, Mudon Township authorities called a meeting with six ferry teams that based in town and instructed them that each ferry team must provide 150, 000 Kyats funds for authorities to repair a road from Mudon to Chaung-htit-kwa village, a border village with Karen State. If a team refused to provide the fund, the team would not be allowed to use the road. Moreover, the authorities also forced local motor vehicle owners in town to transport constructing materials to the constructing site. In conclusion, although SPDC ordered to stop use of forced labor, they used it in alternative way. They have collected taxes, so-called development funds, hundred millions Kyats from villagers. The present military regime has repeatedly claims that regional development projects are to develop rural areas of Burma. In fact, the local villagers have suffered various types of abuses from the projects.

Case (11) New Land Confiscation for Battalion Relocation, 2001 Confiscated by: IB No. 61 and Southeast Command Location: Eastern Part of Ye Township, Mon State Related abuses: Tax extortion Location map: Ye Township Map, on Page 102 In second week of April 2002, in order to relocate IB No. 61, and deployed two new battalions, LIB No. 591 and IB No. 583 which then based in Ye Town of Mon State to eastern part of Ye township, SPDC’s Southeast Region Military Command (Southeast Command), confiscated about 153 acres of land grown with various types of plantations in eastern part of Ye Township without compensation. As a result, about 27 villagers from Kyaungywa and Ah-dein villages lost their lands and plantations which cost them an estimate of 80 millions Kyat.

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In eastern part of Ye township, there is a river, called Ye river. It flows from ThaiBurma border into Andaman Sea which meets in Ye town. Before this river reaches to Ye town, there are many small streams or brooks flows into the river. Near Kyaungywa village, two small brooks, called Ah-dein and Ah-kan brooks, also flow into Ye river from the south (Map on page 102). Between these two brooks, various types of plantations such as betel nut, lemon, lime, durian, and rubbers have been grown. So army from IB No. 61 with the order of Southeast Command confiscated the plantations and land between the two brooks without compensation. The purpose of the confiscation was to relocate IB. No. 61 in the area. On January 15, Southeast Command’s Command-in-Chief, Maj. Gen. Sit Maung came to Ye and held a meeting with commanders from IB No. 61 in order to relocate IB No. 61 to eastern part of Ye Township. Therefore, SPDC township authorities were instructed to confiscate the land and plantations between these two streams to build a new army base for IB No. 61, LIB No. 591 and LIB No.583. The army chose that area because by confiscating the land in the area, they also received valuable plantations which they could harvest and sell them in the market for their battalion’s funds. Since the area is also close to NMSP’s control area, it is also part of the Burmese military strategy to get closer to NMSP’s control areas in order to prevent the NMSP resumption fight against the SPDC. However, the decision of confiscation the land was postponed till April 2001 because of the death of Maj. Gen. Sit Maung as result of a helicopter crashed. On April 8, the second commander of Southeast Command, Brigadier Myo Hla went to Kyaungywa and ordered to inspect the land. After the land was inspected, he ordered the local authorities to confiscate the land including plantations to deploy IB No. 61 in the area. The villagers who lost both land and plantations have no rights to complain their causes to higher authorities and became helpless. In conclusion, the pattern of land confiscating by the army showed that whenever Southeast Command selected a place to deploy a new military battalion, it did not take unused land or uncultivated lands which have thousands of acres in Mon State. Instead, the army confiscated land grown with valuable plantations owned by the local people in order the army to sell crops from the plantations for their battalions’ funds or for their families’ incomes. According to an instruction from Burmese Army, which was issued in 1997 stated that the battalion commanders must take responsibility to seek fund for their own battalions. If a commander could not seek fund for their battalions, he would be forced to resign or fired. Therefore, because of this instruction, whenever the army confiscated land, they chose land with full of plantation. Case (12) Land Confiscation for Naval Base, 2001 Confiscated by: LIB No. 343 and MOMC No. 19 Location: Kalar-gote Island, Ye Township 1|Page

Related abuses: Conscription of forced labour Location map: Ye Township Map, on Page 102 On August 15, 2001, SPDC’s Southeast Command that based in Moulmein, the capital of Mon State, ordered the local military commanders to confiscate 300 acres of Mon civilian land in Kalar-gote Island, west of Ye town in order to deploy Mawrawaddy naval base in the area. Ye township based military battalion, LIB No. 343 and a military command MOMC No. 19, confiscated 300 acres of lands owned by villagers from three villages in the Island, namely, Upper Kalar-gote, Middle Kalar-gote and Lower Kalar-gote villages. The civilians in this Island are mainly farmers who grow fruit plantations. But some of them are fishermen. Maj. Aye Thein from LIB No. 343 and Maj. Min Ko from artillery regiment of Mawrawaddy naval base were in charge of the confiscation. They said to land owners that they confiscated the land for deployment of their troops in order to secure the area and southern part of Burma. No villagers dare to complain as afraid of being arrested and punished by the commanders. As a result of the land confiscation, 24 families lost their valuable lands and plantations. After confiscating the land, the commanders forced villagers from three villages to clear bushes and small trees and build military barracks on the confiscated land. They were also forced to work on digging trenches and canals and clearing fields for helicopters landing. The three villages must provide 50 workers per day to work on the confiscated land for August and September. The village headmen were forced to send the required number of villagers to the construction site on rotating basis. After the September, the required forced laborers reduced from 50 to 20 per day. Five of 24 families who lost their lands and plantations are as follow. (1) Mr. Nai Min & Ms. Mi Than Ye (2) Mr. Nai Shwe Tun & Ms. Mi Kyae (3) Mr. Nai Gled & Ms. Mi Kyuu (4) Mr. Nai Shwe & Ms. Mi Shwe Mi (5) Mr. Nai Kalar Htee & Ms. Mi Pyar Shin. These five families lost about 54.5 acres of betel-nut, Durian, Coconut and Rubber plantations. The estimated costs for land and plantations were about 8.6 millions Kyats. But LIB No. 343 does not clear the remaining lands. Case (13) Land Confiscation by LIB No. 591 and No. 583, 2001 Confiscated by: MOMC No. 19, LIB No. 591 and LIB No. 583 Location: Kyaung-ywa village, Eastern Part of Ye Township, Mon State Related abuses: Movement restriction, tax extortion 1|Page

Location Map: Ye Township Map, on Page Related Tabel : Appendix D; Table 6 : Page 85 On April 8, 2001, Burmese military battalions, LIB No. 591 and No. 583 confiscated another 270 acres of land near Kyaung-ywa village to deploy two new military battalions which are under the command of MOMC No. 19. The confiscated land is located in eastern part of Ye Township area, along Ye river that flows from Thailand-Burma border. Because of this land confiscation, about 27 landowners of Kyaung-ywa village lost their lands and plantations, which cost them about 81.6 million Kyats. The land was grown with orchards and rubber plantations. The villagers have been relied on these lands and plantations for their regular incomes and survival of their families. The army did not pay them any compensation for cost of the land and plantations. Like other villagers in northern part of Ye Township area, Kyaung-ywa villagers, who lost their lands and plantations, have not received any compensation from the local authorities or army commanders. Soon after the lands were confiscated, they were not permitted to go to their plantations for harvesting vegetables and fruits and cutting bamboo for home uses. Although some villagers who lost the lands complained to their village headmen no village headmen dared to report the cases to the higher authorities.

Case (14) Land Confiscation by MOMC No. 19 for Artillery Regiment, 2002 Confiscated by: MOMC No. 19 Location: San-Pya and Done-phi villages, Northern Part of Ye Township, Mon State Related abuses: Movement restriction, forced signed for agreement to abandon the lands Related Map: Ye Township Map, on Page 102 . In April 2002, in order to deploy a new artillery regiment (probably LIB No. 316) in the northern part of Ye Township, SPDC’s MOMC No. 19 commander, Brigadier Ye Win, confiscated another 300 acres of land between San-pya and Done-phi villages. These lands were owned by 30 families of the two villages, and most of landowners were Karen from San-pya village, and some of them were Mon from Done-phi village. Most of the lands are grown with rubber, betel nut and orchard plantations. The estimation cost of the land and plantations were about 30 millions Kyat. In second week of April, Brigadier Ye Win, the commander of MOMC No. 19 came to San-pya village and held a meeting with villagers who owned the land between these two villages along the motor road. The commander explained to the villagers 1|Page

that he needed hundreds acres of land between the villages for new artillery regiments deployment in the area. Thus, he forced all landowners in the two villages to sign a promissory document, which said that the land between the two the villages was not owned by any villagers. So the commanders could take the land by not being accused of confiscating land from the villagers. “As I know, the MOC No. 19 has already deployed 10 military battalion in Ye Township. They have already confiscated many acres of land. Now, they claimed that they confiscated land for new artillery regiments again. Most land in this area is owned by our Karen villagers. My land and plantations costs about 4 million Kyats. They took it without paying me one Kyat. Many other plantations cost more than mine. Nobody received any compensation,” said a Karen villager from San-pya. “The commander told us the land is owned by the government. We only own plantations on the land. We do not own the land at all. Not only we lost our land, we also lost our rights to harvest our crops in there,” added the villager. A 60-years old Karen villager said, “I own two plots of land in the area. Now, the Burmese Army confiscated both plots. I have nothing to eat. My children cried when they heard that the army confiscating our land. We had no more food. Only my son, who is a (Buddhist) monk, shared some foods to our family.” Most of the lands were registered by the Township Land Registration Department. “They (the commanders) said the land is theirs. I am surprised. We paid tax to the Township office every year. The land is registered with our names. They always have good reasons when they like to take the land anyway,” added a dissatisfied villager.

Case (15) Land confiscation for Artillery Regiment, 2002 Confiscated by: Southeast Command, Artillery Regiment No. 318 Location: Southern part of Mudon Township, Mon State Related abuses: Cash extortion for ransom, movement restriction Location map: Mudon Township Map, on Page 100. Related Table; Appendix D; Table 12 ; page 96 With a purpose to build an Artillery Regiment of No. 318 in the southern part of Mudon Township, SPDC’s Southeast Command confiscated approximately 200 acres of land from 49 Mon farmers on November 5, 2002. Most lands were grown with rubber plantations, and the plantations had been planted there for several years. The owners of land were Mon villagers from Set-thawe, DeMai, Kalort-tort and Ah-bit villages. The army did not pay any compensation to the farmers. The Army claimed that the area was a military strategic area. Therefore, they needed to confiscate the land for an artillery regiment deployment. Since most rubber plantations were planted in near hilly sites, the army needed the sites to deploy their artillery weapons on the hill. Another reason was that they confiscated land grown 1|Page

with plantations was they could harvest crops from the plantations to support themselves for foods supplies and incomes. At the same time, some authorities from forestry department also lied to some farmers. They told to the farmers that if farmers did not want to lose their lands, they had to bribe the forestry officers. Thus, some farmers bribed the officers to avoid confiscating their lands. However, even they bribed the forestry officers, their land were still being confiscated. In Mudon Township, the local Mon civilians are traditionally paddy and rubber growers. They grow paddy in the western part of the township and rubber in the eastern part of Township. Case (16) Land Confiscation for Shrimp Farms, December 2002 Confiscated by: IB No. 210 Location: Yaung-daung and Kwan-hlar villages, Mudon Township, Mon State Related abuses: Movement restriction Location map: Mudon Township Map, on Page 100 In late December 2002, Burmese Army’s IB No. 210 bases in Mudon Township confiscated 64 acres of lands belonged to Mon farmers to construct shrimp farms and grow paddy under the battalion’s ‘self-reliance’ program. The confiscated land is situated in southern part of Mudon Township. The land is belonged to 9 Mon farmers from Yaung-daung and Kwan-hlar villages. In October, just before farmers began harvesting their crops, the Burmese Army and Township came and informed village headmen that they would confiscate these lands after harvesting. However, the authorities did not notify the farmers that they would confiscate the land after harvesting. After the harvesting, the army went to the farms and confiscated the lands from the farmers without acknowledging them. The authorities selected most productive land in the area. Although the farmers regularly paid their land taxes and sold required paddy quota to the government’s paddy-buying center with low prices every year, their lands could be confiscated any times. The farmers who lost the land and amount of land are: 1. Mr. Nai Aunt Yein (8 acres) 2. Mr. Nai Lun Aung (5 acres) 3. Ms. Mi Own Kyi (12 acres) 4. Ms. Mi Shwe Uu (6 acres) 5. Mr. Nai Maung Kyi (1.5 acres) 6. Mr. Nai San Hlaing (3 acres) 7. Mr. Nai Pan Taung (5. 5 acres), 8. Mr. Nai Dout (10. 5 acres) 9. Mr. Nai Tun Shinn (3 acres)

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Shrimp farms are very profitable business. Farmers in the lower part of Burma export tons of shrimps every year to Thailand with higher prices. Since the business is so profitable, Army also would like to get into the business. Therefore, the army confiscated land from local villagers to construct ponds for shrimp farms throughout Mon State. The land confiscating has been increasing in Mudon Township for new troop deployment and creation of shrimp farms. Township authorities in Mon State has issued orders to farmers many part of Mon State that if farmers could no longer work in their farms and could not sell the required amount of paddy to the government paddy-buying center, they must give or return their lands to authorities. In 2002, because of flooding during rainy season, many farmers lost their crops and could not sell required paddy to the governments. As a result, their lands were confiscated by the government.

Case (17) The Serial Land Confiscation by MOMC No. 19, 2001 Confiscated by: MOMC No. 19 Location: Kaw-palaing village near Ye Town, Mon State Related abuses: Conscription of forced labour, movement restriction Location map: Ye Township Map, on Page 102 . Related Table; Appendix D: Table 7 ; Page 87. Military Operation Management Command (MOMC) No. 19 commands and administrates all military activities of military battalions in Ye Township. Its headquarter based in Ye town. In 1999, when it moved into Ye town, it has confiscated many acres of land from civilians in Ye town. It is usual for Burmese army to establish its miliatary commands base in populated town. By setting their bases in populated town or cities, they could use civilians as human shields when they would be attacked by the rebels. Ye town has been established for many hundreds years. It is sorrounding with orchards and rubber plantations. After the LIB No. 343 moved its military barracks from the heart of Ye town to eastern part of the town, the MOC No. 19 moved in LIB No. 343 former base in Ye town in April of 2001. However, after the MOC No. 19 has moved in, it complained that the area of the old military base was too small to set up its headquarters. So it confiscated more lands near the old military base. The following table shows the list of civilians who lost their properties as result the military base expansions. They did not receive any compensation from SPDC or the concerned military battalions. As the result of this land confiscation, 8 families became landless and jobless. Most Mon inhabitants in Ye town are mainly farmers. Since most farms in Burma are mainly family farms, not commercial farms, it was difficult for these families to look for jobs in agricultural sector. Since they did not have skills other than agricultural works, they also found difficulties to look for jobs in other sectors.

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Case (18) Land Confiscation by LIB No. 588, 2001 Confiscated by: MOMC No. 19 ; LIB No. 588 Location: Tamort-kanin village, Ye Township, Mon State Related abuses: Forced to provide building materials, conscription of forced labour, and movement restriction Location map: Ye Township Map, on Page 102. Related Table; Appendix D : Table 5; page 84. In March 2001, LIB No. 588 under the command of MOMC No. 19 confiscated 329 acres of lands from 21 families in Tamort-Kanin village, Ye Township for new military deployment in the area . The confiscated land was located along the Moulmein-Ye motor road. Like other parts of Ye Township, Mon villagers from Tamort-kanin village grow rubber and various types of orchard plantations. Since these families have invested in their lands and plantations for many years, their lands and plantations were very valuable at the market. Most these lands were inherited from their ancestors. In this case, LIB No. 588 confiscated these lands because they could sell rubber latex and rice from the land for the battalion incomes. Soon after the land had been confiscated, the soldiers have completely banned the owners to go into their plantations. If the owners tried to get into their plantations, they would be arrested. Although some owners appealed to the battalion commander to allow them to harvest their crops for couple months, the commander rejected their appeals. The battalion not only harvested the latex from the rubber trees, they also cut the aged trees and sold them to the local villagers for firewood. Moreover, LIB No. 588 had also conscripted villagers nearby as forced labor to build military barracks in the confiscated land. Furthermore, the battalion also forced villagers to provide lumbers, thatches, and bamboo for battalions’ construction. For example, on June 6, 2001, the battalion commander ordered villagers from Tamort-kanin, Bay-ka-lawe, Done-phi, San-pya, Hnin-son, Bay-lamu, and Wet-sutphu villages to provide lumbers, thatches, and bamboo for military barrack constructions. The battalions did not pay any penny for labor and material costs. For the villagers who could not provide the required building materials, they were forced to pay money instead. Therefore, the village headmen collected 100 Kyat from each household who could not provide the materials. Case (19) Land Confiscation by LIB No. 587 Confiscated by: MOMC No. 19 and LIB No. 587 Location: Kun-duu and Aru-taung village, Northern Part of Ye Township, Mon 1|Page

State, Related abuses: Movement restriction, tax extortion Location map: Ye Township Map, on Page 102 Related Table; Appendix D : Table 4 ; Page 82. Like other military battalions under MOMC No. 19 commands, military battalion, LIB No. 587, also confiscated 500 acres of farmlands in area between Kun-duu and San-kha-le village in June, 2002. About 28 families of Kun-duu and San-kha-lae villagers lost their lands and plantations. Due to this land confiscation, some villagers lost up to 5 million Kyat values of their properties. Such confiscations of land has greatly impacted the livelihoods of the rural villagers. LIB No. 587 and No. 588 confiscated another 400 acres of land between San-pya and Don-phee villages to settle retired and disabled soldiers from various battalions under the Southeast Military Command. Some of these lands are forestlands, and the remaining are plantation lands owned by villagers from both San-pya and Cone-phae. Case (20) Land Confiscation by LIB No. 586, 2002 Confiscated by: LIB No. 586 Location: Kyone-paw village, Ye Township, Mon State Related abuses: Conscription of forced labour, tax extortion Location map: Ye Township, Map on Page 102. Related Table; Appendix D; Table 3; Page 80. In June 2002, LIB No. 586 also confiscated another 500 acres of land in areas between Ye Town and Son-hnit-thar village in northern part of Township. This battalion confiscated about 500 acres of land, which included about 120 acres of villagers’ plantation lands. The remaining are uncultivated forest lands. After land confiscation, on June 14, the battalion commanders planned to build some military barracks and ordered Son-hnit-thar villagers to provide bamboo, thatches and other building materials. Note: the name of villagers who lost the land, plantations grown in the lands, and the estimation values of lands and plantations in Table , on Page . Case (21) More deployment of Artillery Regiment and Land Confiscation Confiscated by: LIB No. 343; Artillery Battalion No. 311; Artillery Battalion No. 315; Artillery Battalion No. 317 Location: Ye Township and Thanbyuzayat Township Related Abuses: Movement restriction Location Map: Ye Township map on Page 102, and Thanbyuzayat Township Map on Page 101 .

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Related Table: Appendix D : Table 9 (Page 89) ; Table 10 (Page 91) and Table 11 (Page 94). Burmese Army’s Southeast Command planned to deploy about Artillery Regiment (AR) in Mon State and they also chose the places in the different places and deployed the new Artillery Battalions. Southeast Command also planned to deploy more regiments in Ye Township and expect it could help the previous deployed Light Infantry Battalion when there is military operations or offensives. In June 2002, the AR No. 311 confiscated about 205 acres of land near Ka-lort village, southern part of Ye Township to deploy the Artillery base. About 28 families from Kalort village lost their lands suddenly. They confiscated most lands which were with rubber trees and prohibited the local villagers to not go and work in their plantations. This AR No. 311 is close to LIB No. 299 and MO MC No. 19 headquarters in Ye Town, and so that it could help the battalion when there is war. At the same time, the AR No. 315 also confiscated about 203 acres of lands near Panga village, Thanbyuzayat Township and most lands belonged to Pa-nga village. There were almost all rubber plantations. About 51 families from Pa-nga village lost their plantations. Among 10 Townships in Mon State, even in Burma, Thanbyuzayat Township could produce enormous rubber latex. Similarly, the AR No. 317 also confiscated about acres of lands that are close to Tamort-kanin Ywa-thit (new village). 32 families of villagers from Tamort-kanin Ywa-thit lost 244 acres of their lands which costed about 46.6 million Kyat according to the price at that time. After land confiscation, the local farmers were restricted to not go into these areas and could not collect any latex from their plantations. Some farmers created the rubber plantation near 30 years since BSPP after receiving technique from BSPP’s Agriculture Department.

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Filename: Report Directory: C:\Documents and Settings\Nanda\My Documents Template: C:\Documents and Settings\Nanda\Application Data\Microsoft\Templates\Normal.dot Title: Report Subject: Author: NANDA Keywords: Comments: Creation Date: 5/5/2007 3:33:00 AM Change Number: 2 Last Saved On: 5/5/2007 3:33:00 AM Last Saved By: NANDA Total Editing Time: 0 Minutes Last Printed On: 5/5/2007 3:34:00 AM As of Last Complete Printing Number of Pages: 105 Number of Words: 42,616 (approx.) Number of Characters: 242,912 (approx.)