Violent crackdown on pro-democracy protesters and the higher education community in Myanmar

Posted March 25, 2021

Scholars at Risk (SAR) has sent to the United Nations Human Rights Council (HRC) the below letter raising concerns over widespread human rights violations by Myanmar’s military and police following the February 1 military coup and their disastrous impact on Myanmar’s higher education community.

SAR calls on the HRC and other state and non-state stakeholders, including the higher education community, to take all available steps to secure an end to actions by Myanmar’s military and police that restrict or punish peaceful protest; secure the release of imprisoned students, scholars, and other political prisoners; restore civilian-led government and rule of law; and protect and promote fundamental human rights, including academic freedom, in Myanmar.


Sent via email to the Honorable Nazhat Shameem Khan, President of the United Nations Human Rights Council

March 25, 2021

RE: Violent crackdown on pro-democracy protesters and the higher education community in Myanmar

Your Excellency:

I write on behalf of Scholars at Risk (SAR) to express grave concern over widespread human rights violations by Myanmar’s military and police following the military coup that began on February 1, 2021. SAR respectfully urges the UN Human Rights Council (HRC) to take all available steps to secure an end to actions by Myanmar’s military and police that restrict or punish peaceful protest; secure the release of imprisoned students, scholars, and other political prisoners; restore civilian-led government and rule of law; and protect and promote fundamental human rights, including academic freedom, in Myanmar.

SAR is an international network of more than 500 universities and colleges in 43 countries dedicated to protecting the human rights of scholars around the world, and to raising awareness, understanding of, and respect for the principles of academic freedom and its constituent freedoms of expression, opinion, thought, association, and travel. In cases like this, involving alleged infringement of these freedoms, SAR investigates hoping to clarify and resolve matters favorably.

SAR understands that, since the February 1 coup, Myanmar’s military (“the Tatmadaw”) and police forces have violently cracked down on civilians peacefully protesting the coup. As in past pro-democracy movements in Myanmar, university students and faculty have been a major force in protests, strikes, and other forms of peaceful dissent. In their attempts to quash and deter protesters peacefully exercising their rights to freedom of expression and freedom of assembly, the military and police have frequently fired live rounds, rubber bullets, and tear gas. The use of lethal force has resulted in more than two hundred people killed, according to the Assistance Association of Political Prisoners (AAPP), an NGO that advocates for the release of political prisoners in Myanmar.[1] Among those killed by security forces are growing numbers of students, such as Yadanabon University second-year student Ma Kyal Sin[2] and first-year medical student Khant Nyar Hein,[3] both shot during protests. Police have arbitrarily detained or arrested more than two thousand people.[4] They include University of Yangon professor Arkar Moe Thu, an organizer within the pro-democracy Civil Disobedience Movement, who is being held under Section 505(a) of the Penal Code.[5] The military has also stormed and taken over university campuses, among other civilian structures.[6] On March 7, for example, dozens of soldiers fired rubber bullets and tear gas in their efforts to take over the Mandalay Technological University campus.[7] Weeks earlier, soldiers raided the campus of the Myanmar Aerospace Engineering University, after which they reportedly threatened faculty and staff, telling them to “behave intelligently” before leaving.[8] Beyond gaining strategic footholds, raids and occupations of universities indicate a clear effort to exercise control over Myanmar’s higher education community and violently quash dissent by students, scholars, and other members of the campus community who have participated in protests.

The February 1 coup and the subsequent violent actions by military and police forces represent some of the most alarming assaults on human rights, democratic society, and the rule of law that we are seeing today. Thousands of civilians have lost their lives and liberties, with more deaths, injuries, and arrests expected.

Beyond the distressing loss of life and deprivation of human rights, SAR is deeply concerned about the future of Myanmar’s higher education community. In the years leading up to the coup, Myanmar had exhibited signs of positive developments within its academic sector.[9] Alongside that development, experts reported significant improvements in respect for academic freedom in Myanmar.[10] An express commitment to human rights was also evidenced, when, in 2016, human rights law was made a required course for all LLB students in Myanmar.[11] Given the interdependent and reinforcing relationships between quality higher education, respect for academic freedom among other human rights, and democratic society, SAR worries that the coup and the ongoing, brutal crackdown will erase the important progress Myanmar has made in recent years, endangering the country’s higher education community.

We therefore respectfully urge you to press military and police forces in Myanmar to immediately refrain from the use of force, detentions, and arrests against protesters; refrain from raiding and occupying educational facilities and other civilian structures; and remove military and police forces currently occupying the same facilities and structures. We further ask that you urge the military to swiftly restore democratic, civilian-led government and rule of law in Myanmar, and protect and promote human rights, including academic freedom, and other conditions needed for quality higher education and the free exchange of ideas.

We thank you for your consideration and look forward to your response.

Sincerely,

Robert Quinn
Executive Director
Scholars at Risk

CC:

Member States (Not individually listed here)
UN Human Rights Council

The Honorable Michelle Bachelet
United Nations High Commissioner for Human Rights
Office of the United Nations High Commissioner for Human Rights

The Honorable Thomas Andrews
Special Rapporteur on the situation of human rights in Myanmar
Office of the United Nations High Commissioner for Human Rights

The Honorable Irene Khan
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Office of the United Nations High Commissioner for Human Rights

The Honorable Clement Nyaletsossi Voule
Special Rapporteur on the rights to freedom of peaceful assembly and of association
Office of the United Nations High Commissioner for Human Rights

The Honorable Koumbou Boly Barry
Special Rapporteur on the right to education
Office of the United Nations High Commissioner for Human Rights

The Honorable Kyaw Zeya
Ambassador Extraordinary and Plenipotentiary of the Republic of the Union of Myanmar to France
Permanent Delegate of the Republic of the Union of Myanmar to UNESCO
Permanent Delegation of the Republic of the Union of Myanmar to UNESCO

Mr. Peter Wells
Chief of Section
Higher Education
UNESCO

The Honorable Dato Lim Jock Hoi
Secretary-General
Association of Southeast Asian Nations

Dr. Ninnat Olanvoravuth
Secretary-General
Association of Southeast Asian Institutions of Higher Learning

The Honorable Josep Borrell Fontelles
High Representative/Vice-President
European Commission

The Honorable Eamon Gilmore
EU Special Representative for Human Rights
European External Action Service

The Honorable Ranieri Sabatucci,
Ambassador / Head of Delegation
Delegation of the European Union to Myanmar

MEP David McAllister
Chair of the Committee on Foreign Affairs
European Parliament

MEP Tomas Tobé
Chair of the Committee on Development
European Parliament

MEP Daniel Caspary
Chair of the ASEAN Delegation of the European Parliament
European Parliament

The Honorable Antony Blinken
Secretary of State
United States Department of State

Endnotes:

[1] AAPP, “Daily Briefing in Relation to the Military Coup,” March 18, 2021, https://aappb.org/?p=13724. Note: A list of individuals arrested or killed in connection with the protests can be found here: https://aappb.org/wp-content/uploads/2021/03/Recent-Arrest-List-Last-Updated-on-17-March-2021final-to-upload1.pdf.
[2] Naw Say Phaw Waa, “Students, protesters undaunted despite deaths in crackdown,” University World News, March 5, 2021, https://www.universityworldnews.com/post.php?story=20210305141315863.
[3] “Myanmar’s dead rises, as firemen flee the country,” Reuters via Yahoo! News, March 16, 2021, https://news.yahoo.com/myanmar-dead-rises-firemen-flee-171355841.html.
[4] AAPP (March 18, 2021).
[5] SAR Academic Freedom Monitoring Project (AFMP), March 15, 2021, https://www.scholarsatrisk.org/report/2021-03-02-university-of-yangon/. Note: Under Section 505(a), “Whoever makes, publishes or circulates any statement, rumour or report, — (a) with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman, in the Army, Navy or Air Force to mutiny or otherwise disregard or fail in his duty as such […] shall be punished with imprisonment which may extend to two years, or with fine, or with both.”
[6] “Myanmar Military Regime’s Forces Establish Bases at Civilian Schools, Universities, and Hospitals,” The Irrawady, March 8, 2021, https://www.irrawaddy.com/news/burma/myanmar-military-regimes-forces-establish-bases-civilian-schools-universities-hospitals.html; Naw Say Phaw Waa, “Military invades campuses, student leaders tortured,” University World News, March 18, 2021, https://www.universityworldnews.com/post.php?story=20210318173848391.
[7] AFMP, March 18, 2021, https://www.scholarsatrisk.org/report/2021-03-07-mandalay-technological-university/.
[8] AFMP, February 24, 2021, https://www.scholarsatrisk.org/report/2021-02-14-myanmar-aerospace-engineering-university/.
[9] Joyce Lau, “Myanmar coup ‘could stall decade of higher education development,’” Times Higher Education, February 3, 2021, https://www.timeshighereducation.com/news/myanmar-coup-could-stall-decade-ofhigher-education-development.
[10] According to the Academic Freedom Index (AFI), respect for academic freedom in Myanmar grew from a score of 0.04 (the lowest tier), in 2009, to 0.49 (the middle tier), in 2020. More information about the AFI can be found here: https://www.gppi.net/media/KinzelbachEtAl_2021_Free_Universities_AFi-2020.pdf.
[11] United States Agency for International Development, “Burma Brief: Legal Education,” May 26, 2016, p. 8, https://pdf.usaid.gov/pdf_docs/PBAAK144.pdf. See also “University Human Rights Education in Myanmar Project,” (UHREMP) a project supported by Columbia University’s Institute for the Study of Human Rights, Open Society Foundations (OSF), and OSF Myanmar. Since 2014, UHREMP has worked with law faculty at university in Myanmar to enhance teaching capacity and promote human rights in legal education. To learn more, visit: http://www.humanrightscolumbia.org/education/myanmar/university-human-rights-education-myanmar.