Last week, the Myanmar military killed 14 children in an airstrike on a displaced persons camp in Kachin State, Burma. According to BBC Burmese Service, 14 children were among the 29 dead. The attack came shortly before midnight on Monday in the village of Munglai Hkyet, around three kilometers from the Kachin Independence Organization headquarters … Read more
Petition to the United Nations Security Council (UNSC) and the International Labour Organization (ILO)
We, the undersigned, representing concerned citizens, civil society organizations, and advocates for human rights, urgently call upon the United Nations Security Council (UNSC) and the International Labour Organization (ILO) to take immediate action to address the humanitarian crisis resulting from the forced conscription law imposed by the military junta in Myanmar.
Background:
On February 10, 2024, the military junta in Myanmar announced its illegitimate enforcement of the People’s Military Service Law (Nº 27/2010), compelling up to 50,000 people per year to serve in the military for up to five years. This forced conscription is a blatant violation of international law and fundamental human rights, threatening peace, stability, and the well-being of the people of Myanmar. It poses a significant threat in Myanmar and the region for several reasons:
Illegitimate military: The Myanmar military began an attempted coup in February 2021, and since then has no longer been working in service to the nation of Myanmar. Rather, it now operates under the command of an unelected and illegitimate military junta. Under this leadership, the military has launched a nationwide campaign of heinous crimes against the people of Myanmar in an attempt to suppress and control them. To date, the military has killed over 4,500 people, and arrested more than 26,000 including the President, State Counsellor, elected members of parliament, journalists, pro-democracy activists, religious leaders and others. Over 20,000 remain incarcerated. The military has committed massacres, indiscriminate airstrikes, artillery shelling, sexual and gender-based violence, mass torture and mass arson. As a result, 2.4 million people have fled their homes since the attempted coup began.
Forced Conscription of Women, Children, Professionals and Retirees: The junta’s decision to use conscription is widely understood among Myanmar people as a desperate attempt to compensate for its growing combat losses and defections. The junta’s State Administration Council (SAC) will forcibly recruit civilians, including men aged 18-35 years, women aged 18-27 years and professionals such as doctors and engineers. Those who refuse will face a five-year jail term. This adds to the junta’s illegitimate use of other forms of forced recruitment such as the Reserve Forces Law (2010) under which wives and children of soldiers aged over 15 are currently forced to undergo military training and retired or discharged military personnel are forced to serve for unspecified lengths of time. The junta’s forced recruitment is an extreme measure, particularly in relation to children and retirement aged people. Further, the forced recruitment of young women is especially egregious given the junta’s ongoing use of sexual violence.
Exacerbation of Violence:
The implementation of forced conscription by the military junta escalates the already unprecedented violence in Myanmar. As the junta faces growing resistance from democratic forces, it resorts to forced conscription as a means of psychological warfare to terrorize the population into submission. This escalation of violence further destabilises the country and heightens tensions within communities. (1)
Use of Human Shields and Atrocities:
The military junta has a track record of using civilians, including women and children, as human shields, minesweepers, and porters. Forcing conscription provides the junta with a ready pool of recruits to exploit in these dangerous roles, exposing them to the risk of abuse, torture, and even death.
Moreover, the junta’s history of committing atrocities, including sexual violence against women, raises serious concerns about the safety and well-being of those subjected to forced conscription.
Civilian Backlash and Fallout:
The announcement of forced conscription has triggered a major backlash among Myanmar’s civilian population, leading to widespread fear, anger, and resistance. Many young people are considering drastic measures to evade conscription, such as fleeing the country or joining resistance forces. This mass opposition to conscription is likely to further destabilize the country and contribute to social unrest
Humanitarian Crisis and Refugee Outflow: Forced conscription has already led to a rush of people seeking to leave Myanmar, leading to overcrowding and chaos at border crossings. This mass exodus poses humanitarian challenges for neighbouring countries and increases the risk of conflict spillover. Moreover, the targeting of specific ethnic and religious groups, such as the Rohingya, for conscription further exacerbates existing tensions and raises concerns about potential genocide or ethnic cleansing.
Petition:
1. We call upon the United Nations Security Council (UNSC) to:
Immediately convene an emergency meeting to address the crisis in Myanmar and propose a binding resolution under Chapter VII of the UN Charter.
Directly address the Myanmar crisis with relevant partners to manage its consequences, as relying solely on ASEAN has proven ineffective and contributed to escalating regional instability in Southeast Asia.
Imposing targeted sanctions especially on providing insurance to jet fuel import; banning the import of jet fuel into Myanmar; and a comprehensive arms embargo against the military junta to halt the enforcement of the Conscription Law and prevent further human rights violations.
Refer the situation in Myanmar to the International Criminal Court or establish an ad hoc tribunal to hold perpetrators of atrocities accountable.
2. We call upon the International Labour Organization (ILO) to:
Reject the forced conscription law imposed by the military junta in Myanmar as a grave violation of international labour standards and fundamental human rights.
Take decisive action against the State Administrative Council (SAC) for illegitimately forcing this law, which has a documented history of committing heinous crimes against humanity, including sexual violence against women, forced portering, and the use of civilians as human shields. Such actions constitute egregious violations of human rights and demand immediate accountability.
Condemn the use of forced labour and take immediate action to investigate and monitor instances of forced conscription in Myanmar.
Provide technical assistance and support to the legitimate government of Myanmar, the National Unity Government (NUG), Ethnic Representation Organisations (ERO), and civil society organizations to address forced labour, protect the rights of affected individuals.
Conclusion:
The forced conscription law imposed by the military junta in Myanmar represents a severe threat to peace, stability, and human security in the region. We urge the United Nations Security Council and the International Labour Organization to act swiftly and decisively to address this crisis and uphold the principles of justice, dignity, and human rights for all.
(1) VOA (19 Feb 2024) Two Killed in Crush as Hundreds Queue for Passports in Myanmar https://www.voanews.com/a/two-killed-in-crush-as-hundreds-queue-for-passports-in-myanmar/7493200.html; Myanmar Now (20 Feb 2024) Military detains six teenagers for dissenting on conscription https://myanmar-now.org/en/news/military-detains-six-teenagers-for-dissenting-on-conscription/
(2) ILO (4 Oct 2023) Towards Dignity and Freedom in Myanmar – page 11 https://www.ilo.org/wcmsp5/groups/public/—ed_norm/—relconf/documents/publication/wcms_894548.pdf
(3) Myanmar Now (22 Dec 2023) Myanmar army uses sham job announcements to trap young men into military service https://myanmar-now.org/en/news/myanmar-army-uses-sham-job-announcements-to-trap-young-men-into-military-service/
(4) VOA (2 Apr 2023) Women Seen Targeted by Myanmar Forces With ‘Rape and Other Violence https://www.voanews.com/a/women-seen-targeted-by-myanmar-forces-with-rape-other-violence/7033057.html
(5) The Straits Times (16 Feb 2024) Thousands in Myanmar seeking to leave after junta announces draft https://www.straitstimes.com/asia/se-asia/thousands-in-myanmar-seeking-to-leave-after-junta-announces-draft
(6) RFA (22 Feb 2024) Myanmar’s military recruiting Rohingya at displaced camps https://www.rfa.org/english/news/myanmar/recruiting-02222024174652.html