About Saw O Moo

Saw O Moo is an indigenous man from Ler Mu Plaw area and he was 42 years old. He was survived by his wife and his seven young children. His youngest child is only ten months old. According to a documentary by the Karen Environmental and Social Action Network [KESAN][7], Saw O Moo was a defender of Karen indigenous rights, of their ancestral territories, traditions, cultures, and environment. He was actively engaged in community work and development as an indigenous Karen community leader. He worked for community development for Salween Peace Park and Luthaw Paw Day. He was passionate about education, environmental conservation and wildlife protection. KHRG has received other reports of Tatmadaw shooting at civilians on motorbikes in the morning of April 5th, 2018.[8] 

Saw O Moo’s murder: A Violation of NCA Code of Conduct and of International Human Rights

Saw O Moo's wife, Naw[9] K---, explained why her husband was still travelling during the conflict period: he believed that the Tatmadaw will not shoot civilians because of the Nationwide Ceasefire Agreement [NCA][10] Code of Conduct. Prior to his death, the Tatmadaw put letters on civilian roads to explain the purpose of their military operation and build better relations with the local community. The letters deposited in the area stressed that the Tatmadaw would not harm civilians. 

Despite this, Tatmadaw forces from Southern Command Headquarter (SCH) LIB #351 did not keep their word and shot Saw O Moo, an unarmed civilian. Although the Deputy Commander he was travelling with had two guns and four grenades on him, the killing of Saw O Moo is a violation of the NCA Code of Conduct.

By killing Saw O Moo, the Tatmadaw violated the following Chapter 3, Section 9 (b) of the NCA Code of Conduct, where they agreed to "avoid acts violating a person’s dignity, violence, extrajudicial detention, kidnapping, torture, inhumane treatment, imprisonment, killing or otherwise causing the disappearance of the individual." They also violated Article 3 of the Universal Declaration of Human Rights [UDHR],[11] that states that "everyone has the right to life, liberty and security of person." The murder of Saw O Moo by Tatmadaw forces is also a war crime, since it violates Common Article 3 of the 1949 Geneva Conventions, which prohibits the murder of civilian populations.[12]

The Tatmadaw released a statement regarding the incident on True News Information Team, [13] in which they denied wrongdoing and claimed that Saw O Moo ran away when they ordered him to stop. In this statement, the Tatmadaw claimed that the two civilians that they shot at were suspected of being involved in sabotage attacks and planting mines. They also captured one of the men dead with evidence of his wrong-doing. This statement was also mentioned in The Irrawaddy news report[14]. 

Regarding the Tatmadaw statement, Naw K--- responded that she strongly believed that her husband would not have run away during the incident because his blood was found on the ground where the incident took place, as well as on surrounding trees and bamboo.

Saw Hser Blut Doh who was travelling with Saw O Moo reported that, "When I saw the Burma Army soldiers, I immediately jumped off from the motorbike and ran. Saw O Moo could not stop his motorbike immediately, so the soldiers shot him. I could hear gunshots as I ran into the forest.", as reported by Burma Link[15].

Contested Military Road Reconstruction led to clashes and displacement

Since November 2017[16], there has been tension in this area between the Tatmadaw and the KNLA. The Tatmadaw have been reconstructing a road used for military purposes between Ler Mu Plaw and Kay Pu village tracts. The Tatmadaw personnel who constructed the military road are from Toungoo District (which is Tatmadaw Southern Command Headquarter) and also show in Burma Link[17] that the Tatmadaw Southern Command had issued prior notification to the KNLA and Nyaunglebin District. This road is in Karen National Union (KNU) territory and local civilians use it to travel. It would also cross the farm land of local communities and indigenous Karen reserved forest without having prior permission from either local civilians or the KNU authority. Local civilians are in risk to travel for their livelihoods because of Tatmadaw activities against them such as shoot on sight. The murder of Saw O Moo by Tatmadaw is an example of how dangerous military roads can be for local communities. 

The Tatmadaw soldiers based in the army camps in Hpapun District have been providing security for the other Tatmadaw personnel who have been reconstructing the military road. The Tatmadaw’s operation road reconstruction project has damaged many civilians’ plain and hill farms, lands and reserved forests in three village tracts: Saw Mu Plaw, Ler Mu Plaw and Kay Pu village tracts. Despite the land confiscation and land damage, there have been no consultations or compensations to the local population impacted by this road construction. Because the Tatmadaw military road construction was planned in the KNU control area without the permission from KNU authority, the Tatmadaw abused the NCA Code of Conduct Article 8 Section B, which states that "movement of armed troops in the areas controlled by the other is allowed only after obtaining prior agreement".

Saw O Moo's wife Naw K--- reported that local civilians did not consent to the Tatmadaw reconstruction of their military road, because civilians wanted to construct a road that would serve their transportation needs.  As a result, clashes broke out between Tatmadaw and Karen National Liberation Army [KNLA] on March 5th 2018, which led to the displacement of more than 2,000 civilians who fled into the forest, including Saw O Moo’s family. 

Impact on Saw O Moo’s family