Rebel Groups
& International Law
KLN (Myanmar)
Rebel group names
Karen National Union (KLN)/ Karen National Liberation Army (KNLA)
Background Information
With the original intention for the independence of the Karen state starting in 1949, the KNU adapted their goals in 1976 to become a federal state as part of a union of Myanmar. The KNU has garnered the sympathy from outside entities because they are fighting for the Karen people, which have been targeted for ethnic cleansing by the “Four Cuts” campaign which targeted the food, funds, intelligence, and recruits of ethnic regions.[1] The 60 year run of the opposition between the KNU and the Tatmadaw, was halted with a ceasefire agreement in September 2011, ending one of the longest-running insurgencies in the world.[2] In 1994, a group of Buddhist soldiers broke away from the group starting the Democratic Karen Buddhist Army (DKBA) as a result of the majority of the high officials being Christian.
Funding
For many years, the KNU was funded through its black market border trade and local taxation of the areas that it controls. [3]
Estimated number of child soldiers held by rebels
Despite having a strict no recruitment of children policy, the KNU accept those who come on their own will. As of 2002 there were a reported 500 children within their ranks.[4] The UN Secretary-General’s report on the KNLA, the militarized branch of KLN, had reports of them still using child soldiers in 2006.[5] In total there is an estimated 5,000 child soldiers held in Myanmar.[6]
Temporal scope
Under previous leadership ending in 2007, the 7th Brigade of KNU recruited and used child soldiers regularly.[7] Since 2002, there has been a decline in the reported use of child soldiers.[8]
Age
There have been reports on the government using children as young as 11, but because of the restrictions placed on outside agencies by the military regime, the State Peace and Development Council (SPDC), there are no official records. The KNLA claims that even though they have outlawed the use of children, because there are no reliable age verification procedures in place, it is often the some slip in. They informed Child Soldiers International that they assess age based on how old the person looks, and if it is later discovered that they are under 18 they are allowed to complete their training, but are not put in combat situations.
Recruitment method
Since 2000, the KNU have enforced strict policies against the recruitment of children under 18, but still are reported to accept those who voluntarily seek out their forces, assigning them to administrative duties.[9] Vice chairman of KNU, David Thakapaw, told the press that there has been a ban on child soldiers since 2003. Previously, they had accepted under 18s, but only when they had come to the group on their own free will.[10] While there is a formal framework in place regarding the repercussions of recruitment of children, they exist only in principle and are rarely applied.[11] Additionally, there are no internal mechanisms for the monitoring or enforcement of the orders decreed from the top. KNLA leadership insists that participation is voluntary, however there exists evidence that pressure from both social and military demands is often placed on males.[12] There have been reports of under 18s being sent to military camps, but this is often with the support from the entire family or community. With an estimated total of 4,000-6,000 soldiers within their ranks, in times of emergency the KNLA with enforce a recruitment quota – requesting that families with more than one son send a male to join the ranks.[13]
DDR (disarmament, demobilization, reintegration) program
As of 2007 there was no formal DDR program.[14] The KNU did sign a unilateral deed of commitment to end the use of child soldiers with UNICEF and the UN in 2007.[15]
Other human rights violations
Forced labor of citizens, as well of the arbitrary arrest of civilians has created a tense atmosphere within the region with communities fearing for their livelihood. Additionally, because of the application of landmines aimed at the Tatmadaw but often placed next to communities has resulted in civilian casualties.[16]
Government’s human rights violations
As of 2002, the national army or Tatmadaw uses the majority of Myanmar’s child soldiers, with reports of forcibly recruiting those 11 years old and up.[17] Taking advantage of public spaces such as ports, train and bus stations, and markets, soldiers will kidnap boys threatening them with jail or physical abuse if they refuse to join the army.[18] Under 18’s are estimated to make up approximately 20% (70,000)of the active duty soldiers, and those as young as 12 are sent into combat – forced to commit human rights abuses against civilians.[19] As a result of high desertion rates, there is a constant need of recruits.[20] In June 2003, when there were not enough adults to serve, some children were conscripted into the force.[21] Military and civilian recruiters have a system of punishments and incentives for them to fulfill quotas – sometimes local authorities receive pressure to recruit a number of soldiers, indiscriminate of their age.[22] The SPDC signed an agreement with the UN to end the practice of employing child soldiers in 2007, but reports of children in action were still present 7 months after the fact.[23]
The military is reported to have taken part in civilian abuses such as extrajudicial killings, widespread forced labor, and forced expulsion of the population in ethnic areas, such as the Karen, Karenni, Shan, Chin and Arakan states, in both western and eastern Myanmar.[24] Additionally, other humans rights violations include anti-personnel landmines, sexual violence against females, torture, beatings, targeting of food production and other means of civilian livelihood, and confiscation of land and property.[25]
2010 saw the first multiparty elections for Myanmar in 20 years; however the laws and regulations still strongly favor the military party.[26] In the election in 2010, there is documentation of commanders voting for the entire battalion, despite many being of legal age to vote.[27] Burmese ambassador U Wunna Maung Lwin has denied the entire situation claiming that there were “no crimes against humanity in Myanmar…there was no need to conduct investigations…since there were no human rights violations there.”[28]
Other Relevant Information:
· The fighting between the rebel groups themselves as well as the SPDC, has caused a massive exodus of Karen refugees into Thailand
· In 2008, the secretary general of the KNU, Mahn Sha, was assassinated in his home. The reports strongly suggest that the Tatmadaw was behind it, using their truce with the DKBA as leverage to get the group to do it for them. [29] This is a good example of the manipulation that is employed by the SPDC to undermine the groups without being directly involved.
References/Citations
Gay, N.P. (2011). “Burma army still using child soldiers.” Burma News International. Retrieved
from: http://www.bnionline.net/index.php/news/kic/11597-burma-army-still-using-child-soldiers.html
Human Rights Watch.
(2002). “Burma: World’s Highest Number of Child Soldiers.” Retrieved
from: http://www.hrw.org/news/2002/10/15/burma-worlds-highest-number-child-soldiers
(2011). “World Report 2011: Burma.” Retrieved from:
http://www.hrw.org/world-report-2011/burma
(2013). “World Report 2013: Burma.” Retrieved from:
http://www.hrw.org/world-report/2013/country-chapters/burma?page=1
Karen Human Rights Group. (2012). “Nyaunglebin Situation Update: Moo Township, June to
November 2012.” Retrieved from:
http://www.khrg.org/khrg2012/khrg12b84.htm
Randofsky, L. (2008). “Burmese rebel leader shot dead.” The Guardian. Retrieved from:
http://www.guardian.co.uk/world/2008/feb/14/burma
Robinson, P. (2012).“Race to the Bottom: Burma and Vietnam head in opposite directions on
human rights.” Human Rights Watch: Strategic Review. Retrieved from:
Scobey-Thal, J. (2013). “Burmese Army and Armed Groups Still Recruiting Children.” The
Huffington Post. Retrieved from: http://www.huffingtonpost.com/jake-scobeythal/burmese-army-and-armed-gr_b_2630491.html
United Nations High Commissioner for Refugees (UNHCR)
(2008). Child Soldier Global Report 2008. Retrieved from:
http://www.childsoldiersglobalreport.org/content/myanmar
(2004). Child Soldier Global Report 2004. Retrieved from:
http://www.essex.ac.uk/armedcon/story_id/child_soldiers_CSC_nov_2004.pdf
(2011). “War Office in Naypyidaw Orders New “Four Cuts” Campaign.” Irrawaddy News.
Retrieved from: http://democracyforburma.wordpress.com/2011/03/04/war-office-in-naypyidaw-orders-new-%E2%80%9Cfour-cuts%E2%80%9D-campaign/
[3] While there is no evidence found indicating whether the taxation is forced or voluntary, there are suggestions that the citizens of Karen support the KLN and their goal, which implies that the while the tax might not be voluntary, it is not a enforced through violent means.