ND Burma
ND-Burma formed in 2004 in order to provide a way for Burma human rights organizations to collaborate on the human rights documentation process. The 13 ND-Burma member organizations seek to collectively use the truth of what communities in Burma have endured to advocate for justice for victims. ND-Burma trains local organizations in human rights documentation; coordinates members’ input into a common database using Martus, a secure open-source software; and engages in joint-advocacy campaigns.
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Letter from Jail: Members of poetry troupe in Myanmar
/in NewsLetter from Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar
Seven members of the Peacock Generation—Kay Khine Tun, Zayar Lwin, Paing Pyo Min, Paing Ye Thu, Zaw Lin Htut, Su Yadanar Myint and Nyein Chan Soe —were arrested in April and May 2019 after they performed Thangyat, a traditional performance art akin to slam poetry during the Thingyan Water Festival in April. On 30 October 2019, five of them were convicted under Section 505 (a) of Myanmar’s Penal Code at Mayangon Township Court in Yangon, Myanmar’s largest city, and sentenced to one year in prison. Section 505 (a) of the Penal Code prohibits the circulation of statements and reports with the intent to cause officers or soldiers in the Myanmar Armed Forces to mutiny or otherwise disregard or fail in their duties
For livestreaming performances on Facebook, Zay Yar Lwin, Paing Phyo Min, Paing Ye Thu, Su Yadanar Myint and Nyein Chan Soe also face charges under Section 66 (d) of the Telecommunication Act for “online defamation”.
Members of the Peacock Generation are facing the same charges in five other townships in Yangon and Ayerwaddy Region where they have performed Thangyat and face a possible 19 years imprisonment. Below is their letter from jail:
When we heard of the charges, we went to the police station to allow them to detain us. We are also experienced with jails. First the military sued us in Mayangone and Botahtaung Townships, and later military in Pathein, Dedaye, Pyapon, Maupin townships from Ayeyarwaddy Regions also sued us under 505(a) and 66(d). When they sue us, it was not just one time. They sued us at different times and intentionally delayed the verdict process. Those court processes in Ayeyarwaddy Region have not yet begun. That means they want to lock up us for a long time. It’s already been 6 months and only one verdict is out. And only two courts hearings are done.
We believe its not fair as even before the court decided on our innocence, we were already in jail as criminals. Mentally it is hurting for those who are locked up in jail. We are trying to pass the days because we have strong beliefs, but it is difficult for others to be in jail.
They have convicted us with no strong evidence. This is not a fair case. Because it is a case against the military, whatever we do, we will definitely be sentenced. Because in my country, nobody is treated fairly and equally by the law when the case is against military. We believe we didn’t commit a crime by performing Thangyat. This is the case of criticizing and resisting an oppressive institution – the military. We will never be silenced just because they jailed us or sentenced us this way.
We will keep criticizing and pointing out the flawed system in different ways because it is important for us to amend the constitution and to get the military out of politics so that we can pursue genuine democracy in Myanmar.
Thankfully we have people supporting us mentally and physically. They are all our colleagues, students, friends and families. Because of those support, we can stand these days. Lawyers support us legally.
When we talk about freedom of expression, there very little space and we still have to work a lot to have that freedom. We understand that our rights shouldn’t harm others. We admit we strongly criticized the military, but why we were criticizing them strongly was because military leaders and their institution have obtained power unfairly and are harming our own people. Freedom of expression in Myanmar is like a tortoise trying to get carried by a flying stick held by two crows on both ends. We can talk about freedom of expression, but if we really express ourselves, we can get jailed. That’s the current situation.
To all the international organizations and institutions that want to help “democracy” in Myanmar, do whatever you can to help us please. The important thing is to influence the military. Only by influencing them, we can help them move in the right direction or else, things will get worse in future. Please speak up more for the situation in Myanmar.
Instead of asking you to specifically to help our case, we want to ask if you help democracy and politics in Myanmar, and when it is improved, we will be part of the journey too. There are many others who are currently jailed in Myanmar. Thank you for your support and solidarity near and far and for helping change our country.
Zeyar Lwin and Paing Ye Thu members of the Peacock Generation in Myanmar
Translated by Thinzar Shunlei Yi a Youth Advocate and Activist from Myanmar
CIVICUS
In Myanmar, Courts Increasingly Used to Silence Criticism of Military and Govt
/in NewsBy SAN YAMIN AUNG 1 November 2019
YANGON—Activists, human rights defenders, journalists and ordinary citizens face a growing threat of imprisonment for voicing opinions critical of the Myanmar army and government.
Laws that criminalize various types of expression have been used to put several critics of the government and military—especially those who challenge the military-drafted 2008 Constitution and the military’s role in politics—behind bars in recent months.
In the most recent case, five members of the Peacock Generation Thangyat troupe sued by the military were sentenced to one year in prison with labor on Wednesday over satirical performances they staged criticizing the political role granted to the military by the undemocratic 2008 charter, leading to their arrests in April. Thangyat is a popular traditional Myanmar performance art that often involves political satire.
The troupe’s members face additional charges filed by the military in a number of different townships outside of Yangon where they staged performances.
By SAN YAMIN AUNG 1 November 2019
YANGON—Activists, human rights defenders, journalists and ordinary citizens face a growing threat of imprisonment for voicing opinions critical of the Myanmar army and government.
Laws that criminalize various types of expression have been used to put several critics of the government and military—especially those who challenge the military-drafted 2008 Constitution and the military’s role in politics—behind bars in recent months.
In the most recent case, five members of the Peacock Generation Thangyat troupe sued by the military were sentenced to one year in prison with labor on Wednesday over satirical performances they staged criticizing the political role granted to the military by the undemocratic 2008 charter, leading to their arrests in April. Thangyat is a popular traditional Myanmar performance art that often involves political satire.
The troupe’s members face additional charges filed by the military in a number of different townships outside of Yangon where they staged performances.
The military plaintiff in the case, Lieutenant Colonel Than Htun Myint, told the media on Wednesday that people should not be allowed to hide behind the banner of “human rights” while criticizing members of the military, who he said are fighting on the front lines and sacrificing their lives for the country.
”We applied directly to the court in this case, as we wanted justice. We accept the legal judgment,” he added.
Since April, at least a dozen people have been targeted by lawsuits filed by the military; some have already been sentenced to prison.
Among them are prominent filmmaker and human rights activist Min Htin Ko Ko Gyi and ex-army Captain U Nay Myo Zin. Both were sentenced to one year’s imprisonment under Article 505(a) of the Penal Code—the same charge used to jail the Peacock Thangyat troupe— for criticizing the undemocratic Constitution, the military leadership and its involvement in politics.
The non-bailable offense carries a penalty of up to two years’ imprisonment for anyone convicted of making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties.
Other targets include two local monks in Mandalay, a writer who gave a speech at a public rally in Tanintharyi Region in support of constitutional amendment, a farmer from Tanintharyi Region who questioned land confiscation by the military and the editor of The Irrawaddy’s Burmese-language edition.
On Thursday, a court in Kawthaung Township of Tanintharyi Region also accepted cases filed by the military against U Nay Myo Zin, lawyer U Kyee Myint and poet Saw Wai under Article 505(a). The trio were sued over speeches they made in April at a public rally in the township criticizing the Constitution.
Maung Saungkha of the freedom of expression advocacy group Athan said the group had seen a surge in the number of lawsuits brought by the military against critics since April.
He believed the increasing number of lawsuits stemmed from political pressure arising from the ruling National League for Democracy (NLD)’s attempts to amend the Constitution in Parliament.
Speaking to The Irrawaddy in July, military spokesperson Brigadier-General Zaw Min Tun denied the increase in the number of cases was politically motivated. Rather, he said it simply reflected an increase in the number of people defaming the military.
“We wouldn’t have a reason to sue if they weren’t insulting the military. As an institution, the military has a right to defend its dignity. If someone harms it, we need to take action against them,” he said.
Maung Saungkha added that while the military has long been known as intolerant of criticism, the democratic government is not far behind it in terms of willingness to sue critics.
He said lawmakers and government officials are also using defamation and other laws that criminalize expression to stifle criticism of the state, state leaders or individuals.
According to a report by Athan, between late 2013 and June 2019 officials filed 27 defamation cases against perceived critics under the Telecommunications Law, while the military filed 16.
Maung Saungkha said government officials have also filed defamation and incitement charges under the Law Protecting the Privacy and Security of Citizens, and Articles 500, 505 and 124(a) of the Penal Code.
In June this year, six Karenni youths who were in a dispute with the Kayah State government regarding the installation of a controversial statue of General Aung San in Loikaw were arrested after being sued by the state government under the Law Protecting the Privacy and Security of Citizens. They are currently on trial.
“It has become a very dangerous situation for all activists, politicians and human rights defenders. We face arrest at any time for our stands and our comments,” Maung Saungkha said.
Ko Bo Kyi, secretary of the Assistance Association for Political Prisoners (AAPP), said the recent series of arrests is having a chilling effect on would-be critics of the government and military.
“They are spreading fear with the intention of silencing their critics,” a former political prisoner said.
If it truly respects democracy and human rights, the government should use its majority in Parliament to review, amend or repeal those laws and legal provisions that criminalize criticism of the authorities, he added.
Irrawaddy News
AA Claims Ignorance After Brutal Murder Video Goes Viral
/in NewsThe Arakan Army will investigate the source of a viral Facebook video showing the brutal murder of a civilian, a spokesperson for the group said Wednesday.
The Tatmadaw, meanwhile, accused the AA of committing, filming and sharing the murder to terrorize and control local populations.
“We have never made propaganda,” Tatmadaw spokesperson Col Win Zaw Oo told Myanmar Now on Thursday.
Facebook users Sit Tan Aung and Sit Nyein Aung are believed to have been the first to post the video.
Myanmar Now cannot confirm the time, place, location or identities of those involved at this time.
The one-minute video begins with a man, wrists clasped behind him, being ruthlessly beaten with a stick at the edge of a grave by three men.
Before the first blow strikes the men prod the victim for his last words. “I want my soul to return to my mum and brother. May the Arakan Army find peace,” the man says.
He then falls limp into the grave, as one of the three continues to beat his body and head, striking more than 16 times before the video ends.
“It must be asked why Facebook did not censor this video,” AA spokesperson Khine Thuka said. He added that he found it suspicious that the video surfaced at the same time David Stilwell, the US assistant secretary for East Asia and the Pacific, was visiting Myanmar.
On September 10 photos of two men decapitated and on display in a street in Myaebon Township, Rakhine State, appeared on Facebook. The same day a man was decapitated in Ann Township.
“This is awful. It’s inhumane,” Myo San Aung, a resident of Rakhine State, told Myanmar Now. “No race or organisation should ever do this.”
Myanmar Now
Seeking Justice in Burma October 2019 Summary Report
/in Justice NewslettersSeeking Justice in Burma
October 2019
Summary Report
A worrying trend of disregard for human rights continued in October with civilian casualties mounting; predominantly in Rakhine State where tensions between the Burma Army and Arakan Army remain tense. Read more
Young Myanmar satirists jailed for one year after poking fun at military
/in NewsFive performers were sentenced to one year in prison at a Yangon court today for poking fun at the military in a satirical play over the Burmese New Year.
Peacock Generation troupe members Kay Khine Tun, Zayar Lwin, Paing Pyo Min, Paing Ye Thu and Zaw Lin Htut have already spent months in Insein prison for entertaining a crowd with the centuries-old tradition of thangyat, a form of poetry and dance set to music that often mocks those in power.
They were convicted under Section 505(a) of the Penal Code—which criminalizes statements that might cause military officers to “disregard or fail” in their duties—at Mayangon township court.
“This is an appalling verdict,” said Joanne Mariner, Amnesty International’s research director for Southeast Asia. “Punishing people for performing a piece of satire speaks volumes about the dire state of freedom of expression in Myanmar.
“These activists are prisoners of conscience. They have already spent six months behind bars, just because the Myanmar authorities are too thin-skinned to tolerate the mildest criticism.”
For livestreaming performances on Facebook, Zay Yar Lwin, Paing Phyo Min and Paing Ye Thu also face charges under Section 66 (d) of the Telecommunication Act for “online defamation.”
The clause is notorious for silencing critics of the authorities under the guise of alleged defamation, with a sentence of up to three years in prison.
An additional member of the troupe, Su Yadanar Myint, also faces these charges.
In March 2019, ahead of this year’s water festival festivities, authorities in Yangon required thangyat lyrics to be submitted to a government panel for approval.
Peacock Generation refused censorship and, lacking the official nod required to perform in a venue, instead took their play onto the streets.
Earlier this year, the military arrested filmmaker Min Htin Ko Ko Gyi under Section 505 (a) of the Penal Code for making a series of Facebook posts criticizing the Myanmar’s military’s role in politics.
Despite his health concerns—he underwent a major surgery for liver cancer early this year—his bail request was denied and he received a one-year prison sentence.
MYANMAR MIX
Myanmar: Military atrocities ‘relentless and ruthless’ in northern Shan State
/in NewsAmnesty International has gathered fresh evidence that the Myanmar military is continuing to commit atrocities against ethnic minorities in the north of the country, with civilians bearing the brunt of offensives against multiple armed groups. The conflicts show no sign of abating, raising the prospect of further violations.
A new report, “Caught in the middle”: Abuses against civilians amid conflict in Myanmar’s northern Shan State, details the harrowing conditions of civilians arbitrarily arrested, detained and tortured by the military. It also highlights the abusive tactics used by ethnic armed groups as they confront the military and each other to exert control in the region.
“The Myanmar military is as relentless and ruthless as ever, committing war crimes against civilians in northern Shan State with absolute impunity,” said Nicholas Bequelin, Amnesty International’s Director for East and Southeast Asia. “Soldiers – and more importantly commanders – are subjecting civilians to the military’s hallmark brutality in the absence of any form of accountability.”
Amnesty International documented war crimes and other military violations against ethnic Kachin, Lisu, Shan, and Ta’ang civilians during two field missions to the region in March and August 2019.
Civilians who spoke to Amnesty International repeatedly implicated the military’s 99th Light Infantry Division (LID) in many of the violations. Units from the 99th LID were implicated in some of the worst atrocities against the Rohingya in Rakhine State since August 2017, as well as in war crimes and other serious violations in northern Myanmar in 2016 and early 2017.
“Wherever the 99th Light Infantry Division is deployed we see similar patterns of abuse and the commission of horrific crimes unfold. This highlights the urgency of international action to hold Myanmar’s military – not least its senior generals – accountable.”
Violations have continued even after the military announced a unilateral ceasefire, since lapsed, in December 2018. A recent escalation of fighting in the region – which the government has linked to illegal drug trafficking but which ethnic armed groups attribute to ongoing military offensives – has brought new reports of violations. Meanwhile, progress on the country’s stalled peace process looks unlikely as all sides gear up for general elections in 2020.
Familiar patterns of military violations
Myanmar soldiers have committed serious violations of international human rights and humanitarian law in the last year, particularly in the northernmost townships of Shan State. These have continued even after the military’s announcement of a unilateral ceasefire in the area on 21 December 2018.
Soldiers have detained civilians – overwhelmingly men and boys – often torturing or subjecting them to other forms of ill-treatment. Most were accused of having links to specific armed groups based solely on their ethnicity, a sign of the climate of suspicion, discrimination and arbitrary punishment that Kachin, Shan, Ta’ang and other ethnic minority communities face at the hands of the Myanmar military. The military has also fired indiscriminately in civilian areas, killing and injuring civilians and damaging homes and other property.
On 11 March 2019, soldiers from the 99th LID detained and tortured two ethnic Kachin villagers in Kutkai Township. While the men were away fishing, fighting broke out between the military and the Kachin Independence Army (KIA). One of the men, 35, recalled what happened when they encountered the group of soldiers:
“[A soldier asked] ‘Are you KIA?’ I said ‘no’, then they started punching and kicking me. They forced me to take off my clothes [and] held a knife to my neck… Then they forced me to squat with my fingers on my knees… They told me if I moved they would cut off my fingers… They put a grenade in my mouth… I was afraid if I moved it would explode.”
In some cases, detainees were taken to military bases where they were held incommunicado for up to three months and denied access to family and lawyers. In one case documented by Amnesty International, an 18-year-old man and a 14-year-old boy were subjected to forced labour, including digging trenches, while being held at a military base in the town of Kutkai.
Before being taken to the base the 18-year-old was beaten, then tortured further. He said: “They asked if I was a [KIA] soldier… I kept saying no, then they put a plastic bag over my head [and] tied it tight by holding it in the back. They were asking me if I knew any soldiers from the village. They did it six or seven times, each time for two or three minutes. I couldn’t breathe.”
Ethnic armed groups also committing abuses
Civilians are increasingly caught between ethnic armed groups who abduct, detain and sometimes torture men and boys, often accusing them of supporting a rival armed group. Amnesty International documented such abuses by the Kachin Independence Army (KIA), the Shan State Army-North (SSA-N), the Shan State Army-South (SSA-S), and the Ta’ang National Liberation Army (TNLA).
Armed groups have also subjected civilians to forced labour. Amnesty International documented several instances when civilians were forced to work as porters, carry fighters’ belongings and guide them to other villages during active combat, putting their lives at risk. Civilians also told Amnesty International that armed groups regularly extort food and money from them, threatening anyone who refuses with physical violence.
“Armed groups are responsible for heinous abuses against civilians, including abductions, forced labour and beatings. We are calling on all sides to stop targeting civilians, and to take all possible measures to keep fighting away from populated areas,” said Nicholas Bequelin.
Civilians paying the price
Thousands have been forced to flee their homes in the last year as the fighting moves closer to villages. Many people have been displaced multiple times. One women told Amnesty International she had fled her home four times in March 2019 alone.
Villagers often flee to makeshift displacement sites such as churches and monasteries, where they stay until the fighting moves to a different area. These short-term displacements can make it difficult for humanitarian workers to access people in need, made worse by government and military restrictions on humanitarian access.
Even those who flee are not safe, with an alarming increase since 2018 in the number of civilians killed or injured by landmines or improvised explosive devices.
Amnesty International is calling on all sides to respect international humanitarian and human rights law, protect civilians, and ensure humanitarian access. Armed groups must end acts of violence and intimidation against civilians and take all feasible measures to avoid civilian-populated areas.
“Those responsible for war crimes should face justice, all the way up to Senior General Min Aung Hlaing, the Myanmar military’s Commander-in-Chief,” said Nicholas Bequelin. “Fighters and commanders in ethnic armed groups should also be investigated and held accountable for war crimes.”
“For too long the UN Security Council has stood by as civilians were abandoned to a ceaseless cycle of violence. It is time for the Council to stop dragging its feet and refer the situation in Myanmar to the International Criminal Court.”
AMNESTY International