Hpa-an Incident Report: Forced navigator in Hlaingbwe Township, October to November 2017

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Hpa-an Incident Report: Forced navigator in Hlaingbwe Township, October to November 2017

Published date:
Wednesday, June 6, 2018

This Incident Report describes how the Border Guard Force (BGF) armed group led by Non-commissioned Officer (NCO) Maung Na forced Saw Z--- from Y--- village, T’Kwee Kla village tract, in Hlaingbwe Township to serve as a navigator (guide) in the period between October and November 2017. This was dangerous for Saw Z--- due to the presence of landmines in the area and the risk of the Democratic Karen Buddhist Army (DKBA) splinter group attacking. Since Saw Z---did not have time to secure his family’s livelihood, his family faced food shortages and health challenges while he was away.

Footnotes

[1] KHRG trains community members in southeastern Burma/Myanmar to document individual incidents of abuse using a standardised reporting format; conduct interviews with other villagers; and write general updates on the situation in areas with which they are familiar. When writing incident reports, community members are encouraged to document incidents of abuse that they consider to be important, by verifying information from multiple sources, assessing for potential biases and comparing to local trends.

[2] In order to increase the transparency of KHRG methodology and more directly communicate the experiences and perspectives of villagers in southeastern Burma/Myanmar, KHRG aims to make all field information received available on the KHRG website once it has been processed and translated, subject only to security considerations. For additional reports categorised by Type, Issue, Location and Year, please see the Related Readings component following each report on KHRG’s website.

[3] BGF Battalions under Major Soe Naing’s have been implicated in previous abuses against villagers according to KHRG reports. See “Hpa-an Incident Report: Violent abuse and killing committed by BGF soldiers in Myaing Gyi Ngu Town, Hlaingbwe Township, April 2015,”  August 2015.

[4] This information has been reported by KHRG previously in, “Ongoing fighting, displacement, landmines, porter demands, and child recruitment in Hlaingbwe Township, Hpa-an District, October and November 2017,” December 2017.

[5] The Democratic Karen Buddhist Army (DKBA) was re-formed on January 16th 2016 as a splinter group from the Democratic Karen Benevolent Army (2010 – present), and is also referred to as Na Ma Kya (‘Deaf Ear’). During fighting between the Tatmadaw and DKBA Benevolent throughout 2015, there was internal disagreement within the DKBA Benevolent which resulted in a number of commanders being dismissed in July 2015. These former commanders then issued a statement in January 2016 declaring the formation of a new splinter group. This organisation has phrased the formation of this group as the revival of the original Democratic Karen Buddhist Army which was formed in 1994 until it was broken up in 2010 into the BGF and the still-active DKBA Benevolent. The group is led by General Saw Kyaw Thet, Chief of Staff and General Saw Taing Shwe aka Bo Bi, Vice Chief of Staff. Other lower ranking commanders in the DKBA Buddhist splinter group are San Aung and late Kyaw Moh aka Na Ma Kya (reportedly killed on August 26th 2016). The group is currently based in Myaing Gyi Ngu area in Hlaing Bwe Township, Karen State. This DKBA Buddhist (2016 – present) should not be confused with the DKBA Benevolent (2010 – present) from which it broke away in January 2016, or with the original DKBA (1994 – 2010) which was broken up in 2010 into the BGF and the DKBA Benevolent. Importantly, the DKBA Buddhist has not signed the preliminary or nationwide ceasefire with the Myanmar government whereas the DKBA Benevolent has signed both agreements.

[6] Bo is a Burmese title meaning ‘officer.

[7]  According to the 1949 Geneva Convention III and 1997 Additional Protocol I, as well as other sources of customary international law (IHL) civilians are defined as “persons who are not members of the armed forces” and those who do not carry arms openly. Therefore, this villager’s status as a civilian is complicated by the fact that he was forced to act as a navigator for the BGF, as well as by the fact that he chose to openly carry a weapon while accompanying the two armed groups to the front line. IHL is ambiguous as to whether members of armed groups, such as navigators, are considered civilians or not, however, it is possible that this villager lost his status as a civilian by openly carrying a weapon, and was thus no longer protected as a civilian under IHL from attack by armed forces while he was on the front line.