By AUNG ZAW 22 November 2019

The news has sent shockwaves through the Myanmar public: Daw Aung San Suu Kyi will travel to the International Court of Justice (ICJ) in The Hague to contest an accusation of genocide, and lead the country’s legal defense team.

The decision was welcomed with excitement by a majority of social media users. Though many expressed uncertainty as to what it means and the potential perils of the ICJ, by and large there has been an unconditional outpouring of support and sympathy for Daw Aung San Suu Kyi.

At the same time, some of her supporters say it’s a bad idea: Why should she stick her neck out and risk falling flat on her face in The Hague? They say they can’t believe she is going to the ICJ to defend the military’s actions.

The ICJ case will be the first of several international legal attempts to bring Myanmar to justice over the Rohingya crisis.

No details have yet been released regarding the State Counselor’s preparations, or who will accompany her to The Hague next month. But it is expected that she will travel with a team of international legal experts, as the government recently announced it had hired a number of prominent international lawyers.

Indeed, a team of legal experts will be needed. She has no background whatsoever in this department.

The Rohingya crisis in northern Rakhine State saw Daw Aung San Suu Kyi subject to international criticism and her moral authority questioned over her silence to condemn the military crackdown that prompted the Rohingya exodus.

In 2017, the Myanmar army was involved in clearance operations against the Arakan Rohingya Salvation Army terrorists after they attacked police outposts and killed many civilians in northern Rakhine in 2017. The operation prompted an exodus of Rohingya, known locally as “Bengalis”, to Bangladesh. Most people in Myanmar regard the Rohingya as illegal immigrants from the neighboring country.

Army reaction

Daw Aung San Suu Kyi’s announcement also came as surprising news to the army leadership. The generals, though they haven’t said so publicly yet, welcomed her decision.

President U Win Myint plans to call a top-level security briefing, and top army leaders are expected to attend.

Army chief Senior General Min Aung Hlaing and Daw Aung San Suu Kyi have a strained relationship and it is likely that Vice Senior General Soe Win would attend the meeting. But it is not known what support the army is prepared to offer her legal team.

However, the army generals owe a debt of gratitude to the State Counselor for her decision, as they would have zero capacity to mount a defense at the ICJ. It has also raised hopes that by moving to defend the military, Daw Aung San Suu Kyi will gain some bargaining power when it comes to amending the 2008 Constitution—something the military has staunchly resisted.

Critics point out that Myanmar is divided, with the civilian government and the military at odds. As the saying goes, two lions share a cave.

Many army officers who are familiar with the internal politics inside the armed forces would like to see more coordination between the government and top army leaders as the country faces condemnation and international lawsuits.

Several mid-ranking officers familiar with the Rakhine crisis have long wanted to see their top leaders engage more with international actors and media to explain what unfolded in 2017 in Rakhine State. At the same time, they are frustrated by the one-sided accusations against Myanmar and acknowledge the huge gap between the narrative that exists in Myanmar and the one perceived by the international community. Unsurprisingly, respect toward Daw Aung San Suu Kyi, whom they describe as a “strong and principle-minded politician”, is still there inside the armed forces.

Daw Aung San Suu Kyi’s decision is a calculated one and has no doubt surprised many, including in her inner circle and among her aides.

She knows that Myanmar’s majority Buddhist Burmans are behind her. She also knows that she needs support from the military. She will also need support from the many ethnic communities (including their armed groups) and organizations that live and operate inside the country.

Daw Aung San Suu Kyi—who is now State Counselor and the de facto leader of the government—has one eye on the 2020 general election. Perhaps she sees this ICJ lawsuit—and the obligation it imposes on her to defend the country against allegations of genocide at the UN’s top court—as a blessing in disguise. But how can she prevail?

During her visit to Shan State this week, the State Counselor told residents she would like to see peace take hold in the country within her lifetime.

Before the peace, she must face the music in The Hague. This is the country’s destiny.

Irrawaddy News

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.

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