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How a new conscription law is threatening everyday humanitarian action in Myanmar

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The compulsory enlistment of young men and women in war-stricken Myanmar following the enactment of a conscription law in February this year is adding a layer of complexity to a society already struggling with human rights abuses and a lack of safety for civilians. The conscription order is systematically depleting the youth who are pivotal to everyday humanitarian action, thereby posing a threat to humanitarianism in a country facing a massive humanitarian crisis, writes ISS PhD researcher Hyeonggeun Ji.

Over three years have passed since the Myanmar military seized power, ousting the democratically elected government. Until early last year, the junta currently in control of Myanmar showed unparalleled power over the joint resistance force, which consists of armed organisations opposing the government that emerged from the coup. However, the junta now faces many challenges, in particular a significant manpower shortage. According to several estimations, the junta’s armed forces once comprised between 300,000 to 400,000 troops, but this number has now dwindled to approximately 150,000 due to desertions and casualties.

To address this shortage, the military on 14 February this year enforced a conscription order, targeting men aged 18 to 35 and women aged 18 to 27. In mid-March, it started enlisting the first batch of civilians by mail, with plans to draft 60,000 people annually. The military authority announced that the first batch of 5,000 troops would be called to duty in mid-April; however, the actual number summoned remains undisclosed so far.

Young people are fleeing en masse…

The announcement has been met with resistance. Young people, unwilling to kill or serve in military, have been compelled to flee abroad en masse — a  phenomenon frequently portrayed in the media as a mass migration or exodus — to avoid conscription. And two people tragically died of suffocation in a crammed queue days after the law was enacted while trying to obtain visas at the Myanmar passport office.

…leading to the loss of youth in Myanmar society

This sudden flight of young people signifies the loss of youth in Myanmar society, both in the sense of youths become forced to be soldiers opposing civilians and by leaving the country altogether. Moreover, the military is continuously trying to label young people as the ‘worst’ enemies due to their active and potential role in anti-coup and pro-democracy movement. In this context, recruiting them can be seen as part of a broader strategy to eliminate the presence of youth from the social fabric by turning young people into soldiers. Concurrently, it is possibly related to the junta’s manoeuvre to politicise aid for its political gain — the military regime could cite reduced humanitarian activity as a means to render people more compliant.

The humanitarian crisis is being exacerbated…

This development is compounding an existing humanitarian crisis. The war is violent — a recent report by Action on Armed Violence estimates this ‘under-reported war’ resulted in 2,164 casualties due to explosive weapons in 2023 alone, and according to a UN report, systematic military violence against civilians had displaced 2.6 million people and had forced another 600,000 to flee by December 2023. War-torn Myanmar moreover is marked by humanitarian needs; 18.6 million people — one-third of the country’s total population — struggle with precarious living conditions, hunger, a lack of clean water, illness, and human rights violations. And the number of internally displaced persons (IDPs) has sharply increased to nearly 2 million people over the past three years. Military forces are even brutally attacking IDP camps, where unarmed civilians have relocated after their homes were attacked. Affected people are grappling with trauma.

The international humanitarian system moreover is facing multi-layered constraints, making it difficult for humanitarian aid to reach affected people. At the international level, the attention of developed countries, whose resources and decision-making power are essential, to the war in Myanmar is woefully inadequate, partly due to the country’s perceived lack of economic potential. In addition to the utterly inadequate scale of international relief efforts and a lack of funding, the restriction of humanitarian aid and a hostile environment for aid workers have also prevented humanitarian workers from assisting people in need. Meanwhile, the junta jeopardizes the neutrality of humanitarian assistance by requiring international humanitarian organisations to hand over aid resource to military authorities.

…but everyday acts of humanitarianism persist

Despite these frustrations and limitations, humanitarianism persists in Myanmar, with local people and grassroots organisations sustaining alternative humanitarian approaches through everyday acts of humanitarianism. For instance, teachers are continuing to teach, which can give children access to psychosocial services in emergencies while also preserving their right to education. Another instance is the crucial role of diaspora organisations in reporting the local conditions in inaccessible conflict zones and by organising fundraising activities to provide help in the form of emergency relief, assistance for IDPs, and education support. These instances represent mere glimpses of the myriad everyday humanitarian practices conducted by diverse local actors within Myanmar and along its borders, operating beyond the boundary of the hierarchical global humanitarian system.

The youth embody humanitarianism…

Along with continuing humanitarian efforts led by diverse local actors, young people in Myanmar embody humanitarianism in their everyday lives. The role of youth in humanitarian practice is not new but has become intricately intertwined with social norms and culture over time. Young men and women in the country lead and support the social affair groups that organise cultural events, weddings, funerals, blood drives, and various community activities within their villages. Through this social environment, the youth have forged the virtue of helping others in voluntary and collaborative ways. Their important role was highlighted during COVID-19 as they demonstrated capacity to raise funds and circulate health-related information within the communities when external resources were insufficient for managing the pandemic situation.

As humanitarian needs escalate while external assistance remains limited, the volunteerism, leadership, and unity embodied by the youth for humanitarian action are now more critical than ever.

…and their erasure should be countered

But the Myanmar junta’s conscription law presents a systematic obstacle to youth-led everyday humanitarian action and, consequently, poses a threat to humanitarianism in Myanmar. A recent report, Forced to Fight, underlines the emerging signs of young people’s apprehension about conscription, noting how these fears significantly impede their social participation and how their absence is acutely felt within the society.

Currently, the limited attention paid to the issue focuses solely on the security of the youth, which is essential for discussing the conscription law; however, it neglects the broader implications for people and the society. I contend that the conscription law should be recognised as an instrument of power designed to dismantle humanitarian action sustained by everyday practices of local youth in collaboration with other actors on the ground. The failure to respond appropriately to this critical juncture could push humanitarianism in Myanmar to the brink of an existential crisis.

 

Funding statement

This blog article is part of the work of the Humanitarian governance, accountability, advocacy, alternatives project funded by the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation program under grant agreement No. 884139.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Hyeonggeun Ji is currently pursuing his PhD at the International Institute of Social Studies (ISS). His research focuses on humanitarian governance for climate-related displacement in Bangladesh.

Hyeonggeun Ji

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What can be done to address healthcare violations in Gaza?

On 29 February 2024, I presented in a panel at the Erasmus Medical Centre in Rotterdam on “The right to healthcare under fire”. The event was organised by Artsen Voor Gaza (Doctors for Gaza) a Dutch group of physicians, medical students and medical researchers. Alongside compelling presentations from Dr. Loes de Kleijn, Dr. Kamal El Mokayad and Haya Al Farra, I spoke of the legal context of the ongoing, genocidal violence in Gaza and more importantly what can be done.

CC BY-SA 3.0 via Wikimedia Commons

The War in Gaza has a context

Since the attacks in Southern Israel and Israel’s operation in Gaza called “Iron Swords” from October 2023, Israel has destroyed the majority of Gaza’s infrastructure, including its medical infrastructure. As I wrote already on 12 October 2023, the war in Gaza has an important context. Unfortunately, as the Israeli Professor of History Ilan Pappe has observed, there is an active effort to de-historicize the conflict, which serves as a backing to Israel in its genocidal violence against Palestinians in Gaza.

Despite Israel’s withdrawal of settlements and redeployment of forces in 2005, Israel has continued to occupy the 365 km2 territory of Gaza, including mounting a siege that has severely restricted basic needs. The majority of Gazans are under the age of 20 and have never left the territory. Most are refugees (and their descendants), forcibly displaced from their homes in 1948, which are maintained by what a Palestinian Professor of History, Nur Masalha describes as a politics of denial.

From a humanitarian angle, most Gazans have been largely dependent on direct United Nations assistance ever since the ‘Nakba’ in 1948, and in particular the United Nations Relief and Works Agency (UNRWA). This makes it all the more concerning that states have been seeking to defund UNRWA, following (as yet unfounded) Israeli allegations that its staff were complicit in the October attacks, a move described as “reckless” by a senior, Washington-based analyst.

 

“I am so scared”

So often we hear Palestinians referred to as statistics. While this potentially enables people to process the horrors of what is happening, as the poet and commentator Ramsey Nasr reminds us, those who have been killed had names, and we must remember them.

Two names and stories of two Gazans among the more than 30.000 (at the time of writing) who have been killed since October 2023 were recalled during the Event at Erasmus Medical Centre. One who was remembered was Hind Rajab. She was 5 or 6 years old when her family car came under fire by Israeli soldiers in Gaza City on 29 January 2024, she made a phone call to the Palestinian Red Crescent. “I am so scared,” she said. “Call someone to come get me, please.” Sadly, after more than two weeks of frantic efforts to reach her, Hind’s body was recovered a few days later on 3 February, along with those of relatives and two Red Crescent rescue workers that had been sent to find her. Their family car was riddled with bullets.

Another Gazan who was remembered was Refaat Alareer, a Palestinian Professor, poet and activist from Gaza who taught English literature at the Islamic University of Gaza.

 

The Functions of International Law in relation to Atrocity Crimes

The case brought by South Africa against Israel on genocide charges has raised the prospect of international law, and international legal institutions, finally serving to help end the bloodshed and longstanding impasse between Israel and the Palestinians. In this context, it is worthwhile to understand the functions of international law in seeking to prevent, protect against and seek accountability for atrocity crimes.

First, in its regulatory function, international law sets limits on military conduct, in particular to prevent the commission of atrocity crimes, including the crime of apartheid and the crime of genocide. Secondly, in its protection function, international law aims to protect civilians and humanitarian workers (and civilian and humanitarian infrastructure). Finally, and perhaps most importantly in the present context, international law has an accountability function; this comprises a collective obligation to investigate and prosecute individual violators, including war crimes directed against civilian medical personnel and the crime of genocide.

Accordingly, various, specific measures protect medical personnel and infrastructure, including Article 19 of the Geneva Conventions that they “may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict”. Article 8 of the Rome Statute of the International Criminal Court provides that individuals who are found to have been “intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law” have committed war crimes.

 

Preliminary Measures by the International Court of Justice

After two days of oral hearings on 11 and 12 January 2024 from legal teams representing South Africa and Israel, the ICJ came back on 26 January with a set of Provisional Measures, as requested by South Africa. Each of the Provisional Measures were separately voted upon, all of which received an overwhelming majority, including the following:

“The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip.”

In justifying these measures, the Court “took note” of several statements by United Nations officials, including a statement made by the United Nations Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, Mr Martin Griffiths, on 5 January 2024:

“Gaza has become a place of death and despair… Medical facilities are under relentless attack. The few hospitals that are partially functional are overwhelmed with trauma cases, critically short of all supplies, and inundated by desperate people seeking safety.  A public health disaster is unfolding. Infectious diseases are spreading in overcrowded shelters as sewers spill over. Some 180 Palestinian women are giving birth daily amidst this chaos… “the health-care system in Gaza is collapsing”.

 

So, what can be done, beyond the Courts?

It’s hard not to feel sceptical about the potential of the Courts to change Israel’s behaviour. Israel’s responses since the 26 January 2024 Preliminary Measures were issued suggest that the ICJ has little to no deterrent effect. In fact, Israel not only failed to comply with these preliminary measures, it actually stepped up its military campaign. 5-year old Hind died a mere 3 days after the ICJ issued its judgement.

But international law has relevance beyond the courts. As legal mobilization researchers argue, international law can be seen as not only an imperial project, as Erakat eloquently explains, but also as a legitimate source of disruption, resistance and liberation.

For example, international law represents a legitimate basis for boycotting corporations that are complicit in atrocity crimes, such as Israeli Universities and McDonalds, just as was done during the South African anti-apartheid movement.

Another form of legal mobilization, as Dr. Claudia Saba has argued, is the delivery of humanitarian aid, as the “Free Gaza” movement have been doing, using small civilian boats to try and alleviate the desperate circumstances caused by Israel’s decades-long siege of Gaza.

Further forms of legal mobilization are protests and sit-ins, as the Public Interest Litigation Project has been preoccupied with, and what Doctors for Gaza in The Netherlandshave been engaged with since October 2024.

In other words, addressing violations of the right to health care through legal mobilization involves more than just “winning” in court. It takes on many different forms. These different forms of legal mobilization serves to galvanise social justice struggles.

What legal mobilization will not do is bring back the hundreds of health workers who have been killed in Gaza, let alone Hind Rajab or Refaat Alareer. However, it may serve to hold those responsible for killing them.

Opinions expressed in Bliss posts reflect solely the views of the author of the post in question.

About the author:

Dr. Jeff Handmaker is Associate Professor of Legal Sociology, based at the International Institute of Social Studies in The Hague.

 

Are you looking for more content about Global Development and Social Justice? Subscribe to Bliss, the official blog of the International Institute of Social Studies, and stay updated about interesting topics our researchers are working on.

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