A Right to Refuse to Kill in Myanmar?

The Armed Conflict Location and Event Data Project ranks Myanmar as one of the most violent wars in the world. While armed conflict is not new in Myanmar, following the total seizure of power by the military in February 2021 violence has increased and accelerated and spread to all areas of the country. Since 2021 an estimated 39,000 combatants have perished in the war, which is fought by hundreds of small militias, larger ethnic armed organizations, and a military regime ruling the country. An additional 8,000 non-combatant civilians have also perished in the war.

In February 2024, the military regime ruling Myanmar announced that it was mobilizing a “People’s Military Service Law”. The law allows for the conscription of male citizens aged 18 to 35 and female citizens aged 18 to 27. The announcement has caused fear and loathing among the country’s 14 million young people and their families. Just three days later, the military regime established the Central Body for Summoning People’s Military Servants to oversee conscription, of at least 60,000 young people per year (See this ISP report for a further analysis of the new conscription law). The conscription process will reportedly be launched after the Burmese New Year in mid-April, but there are some reports that roundups of young men have already begun.

A spokesperson for the military regime has stated in military-controlled media that the national conscription law provides every citizen with “the right” to receive military training to defend the country. The loudest voice in opposition to the conscription law is anti-military armed groups, who are urging people to flee to them and take up arms against the military regime. An opposition led government in exile, called the National Unity Government, which is challenging the military regime for political legitimacy, has issued a problematic statement which sanctioned “strong and effective action” against those who assist or support implementation of the conscription process. This threat could lead to more violence one anti-conscription activist noted, as it may be read as a “ justification for the armed groups to kill or terrorize the civilian portion of the regime structure.”

This leaves little space for a choice outside the use of arms for Myanmar’s youth and threatens a horizontal spread of armed violence throughout Myanmar society as each side demands potential recruits to ‘kill for our side to save the country’. The vast majority of people in Myanmar have shown a preference for political defiance of the military authorities, as was demonstrated on 1 February 2024, the third anniversary of the military coup. On that day there was a nationwide silent and general strike during which the country's streets remained empty. There needs to be space for young people who request a right to refuse to kill in this war which is consuming more than one combatant every hour.

Radio Free Asia interviewed young people in Mandalay and Rangoon who had no interest in joining military actions for either side, but feel trapped and fearful. “It is difficult for young people who do not wish to participate in armed struggle to raise their voice. Both sides will condemn them. The military will threaten them for a lack of patriotism, and any violation of the conscription law is punishable. Anti-military groups will blame them for non-support of ‘the revolution’.” said a Burmese nonviolent activist who wished to remain anonymous.

Considering this lack of choice, hundreds are instead voting with their feet, as evidenced by long lines outside the passport offices and the Embassy of Thailand to obtain visas. Earlier this week one of the authors of this article met a Burmese colleague in Bangkok who said he’d just brought his college aged son to Thailand, adding “you’ve heard about the conscription law...”. He didn’t need to say more, but leaving is not an option for the majority.