BURMA: Mother of infant allegedly kidnapped and raped by Burmese military army

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-240-2011
ISSUES: Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Burmese military attached to the Mu Bum post abducted a 28-year-old woman and allegedly gang-raped her on 28 October 2011. The woman, who is a mother of a 14-month-old daughter, remains disappeared since the end of October. Three military personnel allegedly approached to her pointing guns to her and the other members of the family while they were harvesting their crops in the farm located in Hkai Bang village near the China-Burma border. The other two members of the victim’s family could manage to escape from the military but she could not. After abducting her, the military personnel allegedly gang raped her. She was last seen by her relatives, who used telescope from a faraway place, on 31 October at the Mu Bum military post. The family has not yet registered any formal complaint with the police or Magistrate’s Court fearing further harassments by the military authorities.

CASE NARRATIVE: (Based on the testimony of the family of the victim and the eye-witnesses)

On 28 October 2011, about 3pm, Lahpai Kaw (named changed), her husband Lahtaw Naw and her father-in-law Lathaw Gam went to harvest crops from their corn farm located at the edge of Hkai Bang village, nearby Mu Bum mountain. While they were doing their work, three government military personnel suddenly arrived there and pointed guns to them. The soldiers instructed the harvesters not to shout or appeal for help. The military men forced them to collect their corn and carry them to the top of the mountain where the frontline military was based.

The military asked Lahtaw Gam and his son whether they were the members of the Kachin Independence Army (KIA) or not. Lahtaw Gam and his son answered that they were not. When they reached to the edge of the corn farm, another three military personnel were already there. The military found that there were trenches dug by the KIA for the latter’s security. They shouted at them “You all are from KIA. We will kill you all”. Then they tied Lahpai Kaw’s husband and father-in-law with ply rope. They took three persons, including Ms. Lahpai Kaw and her husband and father-in-law, to the army post on the top of the mountain. Fearing dire consequences to them Ms. Lahpai Kaw whispered to her husband and father-in-law suggesting them to escape, which both of them followed immediately. The military could not understand the language they spoke. Lahtaw Gam and his son showed the sign to run and dashed away from the troops. They also heard the guns firing at them. Lahtaw Gam and his son could manage to escape from the military camp while Ms. Lahpai Kaw could not.

At 5pm of the same day, according to KIA members who witnessed with telescope, Ms. Lahpai Kaw was forced to enter into the Mu Bum army post by six military personnel. It was noticed that she was wearing a red blouse with horizontal black stripes and gray trousers.

On 29 October, Ms. Lahpai Kaw was forced to lie on a stone platform under the strong sun all day long. She seemed to have been already gang-raped by the military. She was taken inside the army tent and raped again, which was witnessed by another victim who was captured by the military and escaped later on and passed the information to the relatives. On the following day, the military did the same thing to her. It was witnessed that she got weaker and scared, bowing her head. The rape and violence allegedly continuously happened every day.

On 31 October, the family members along with others went close to the military post and saw Ms. Lahpai Kaw in military uniform. At 4pm, the military personnel dragged her into a bunker at the army camp. She has not been seen since by anyone at anywhere.

On 2 November, the military post in Loije town Lahpai’s family and relatives made a complaint with the army authorities and were informed that Ms. Lahpai Kaw would be released on that day. The families and relatives were waiting for her on the roadside where the army promised to bring her. Yet, the military did not release her on that day. Even the next day, she did not return, as promised by the army officers. The frustrated family had to return home. Ms. Lahpai Kaw’s 14-month-old daughter has not been breast fed since then.

At present, the infant is being taken care of by her grandparents. But the baby cries every day missing her mom. Mr. Lahtaw Naw has been suffering from mental trauma as a result of the ongoing situation and left home looking for his wife Lahpai. Till today, he remains missing.

According to two villagers, who were forced to work for the military as porters but escaped from the same military post on November 1, four women are currently forced to clean and cook for the military during the day and are gang-raped at night.

After this incident, the villagers of Hkai Bang are too scared to live in the village and have fled to safer places.

BACKGROUND INFORMATION:

Hkai Bang village is located nearby Mu Bum mountain. The villagers cultivate paddy and other grains on the lower plain areas of the mountain. As there is no proper transportation, the villagers usually have to walk to go to Loije town.

Kachin State faced new phase of conflict since June 2011 when one of the Kachin Independence Army (KIA) member was killed by the government military, breaching a 17-year-old peace agreement. As a result, a military camp was posted on the top of the mountain near the village, deploying soldiers from Light Infantry Battalion (LIB) 321, in September 2011.

Human rights abuses against the inhabitants of the area, including women and girls in particular, have been reported locally and internationally. According to KWAT (Kachin Women’s Association in Thailand), at least 37 women and girls have been gang-raped, out of whom 13 were killed, by government soldiers in June and July alone in the Kachin State.

SUGGESTED ACTION:
Please write to the government agencies listed below to call for the immediate release of Ms. Lahpai Kaw and further, to initiate peace talks so that the people in the conflicting areas do not suffer further similar abuses.

Please note that Burma should be referred to by its official name, Myanmar, while letters written to the relevant authorities.

Please note that the Asian Human Rights Commission has written separate letters to the UN Under Secretary General for Peacekeeping Missions, Special Rapporteures on Violence Against Women, Situation of Human Rights in Myanmar and the Chairperson of Working Group on Arbitrary Detention requesting their urgent interventions into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear_____________,

MYANMAR: Call for immediate release of 28-year-old-mother of infant allegedly kidnapped and raped by army personnel

Name of victim: Lahpai Kaw (name changed), aged 28, wife of Lahtaw Naw , resident of Hkai Bang Village, Momouk district, Kachin state
Alleged perpetrators: Military attached to Light Infantry Battalion (LIB) 321, Mu Bum frontline post, Momouk District, Kachin State
Date of incident: Since 28 October, 2011
Place of incident: Lahtaw Gam’s (name changed) corn farm, Hkai Bang village, Momouk Township, Sub-Loije Township, near the China border, Momouk district, Kachin state

I am writing to express my deep concern regarding the situation of a 28-year-old woman who was allegedly abducted and gang-raped by the military. She is a mother of 14-month-old girl, residing in Hkai Bang village, Momouk District, Kachin State, near the border of China.

On 28 October 2011 about 3 pm, Lahpai Kaw (named changed), her husband Lahtaw Naw and her father-in-law Lathaw Gam went to their corn farm for harvesting, located at the edge of Hkai Bang village, nearby Mu Bum mountain. While they were engaged in their work, three military personnel arrived there pointing at them with guns. The military personnel took them to the military post located on the top of Mu Bum Mountain. On the way, Lahpai Kaw’s husband and father-in-law could manage to escape from the military whereas Lahpai Kaw failed to escape.

According to witnesses, between October 29 and 31 she was gang-raped by dozens of Burmese military during the day and night. On October 31, Lahpai’s family came close to the military post and saw her wearing a military uniform. At 4pm, four military personnel dragged her into a bunker at the army camp. Since then, she has not been seen any more.

I am further shocked to learn that the villagers from her village who managed to escape on November 1 from the military post where Lahpai Kaw was abducted testified that in total four women were cleaning and cooking for the military during the day and were gang-raped by them at night.

I have learned that on November 2, Lahpai’s family and relatives made a complaint to the military post in Loije town and personnel informed them that she would be released on that day. The families and relatives were waiting her on the roadside where the military was supposed to bring her. Yet, the military did not release her on that day. Even the next day, she was not released.

I am deeply concerned that Lahpai Kaw’s 14-month-old-daughter has not been fed since she was abducted. At present, the baby is taken care of by her grandmothers. Mr. Lahtaw Naw has mentally suffered a lot and has left home looking for Lahpai. Till today, he has yet to come back home. Also, since Lahpai Kaw’s abduction, gang rape and disappearance the villagers of Hkai Bang are now fleeing to safer places to secure themselves from this serious rights abuse committed by the military.

I am aware that this case is not the only case of abuse against rural women by the military who are posted in conflict areas, including Kachin State. According to recent reports documented by KWAT (Kachin Women’s Association in Thailand), in Kachin state alone, 37 women and girls were gang-raped and 13 of them were killed by the military in the two months of June and July this year.

Therefore, I urge you to take immediate steps for the release of Lahpai Kaw. It is required to protect the victim as well as her family. Furthermore, I urge that a criminal investigation be initiated without any delay and that the personnel responsible for this abuse be prosecuted and punished. Finally, I urge you to take immediate action to stop serious human right abuses in Kachin State by seeing to it that the conflict in the region is brought to a halt and the area promptly demilitarized.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. U Thein Sein 
President of Myanmar 
President Office 
Office No.18 
Naypyitaw 
MYANMAR

2. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel:+95-01-654668
Fax:+951654668

3. U Lajun Ngan Seng
Chief Minister,Kachin State
Kachin State Government office 
Myitkyina
Kachin State
MYANMAR

4. Col Than Aung
Minister of Security and Border Affairs for Kachin State 
Ministers’ Office
Kachin State Government office 
Myitkyina
Kachin State
MYANMAR

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-240-2011
Countries : Burma (Myanmar),
Issues : Violence against women,