Blog Elements – Page 288

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UN GENERAL ASSEMBLY: WITHDRAW THE MANDATE OF THE UN SPECIAL ENVOY

August 22, 2022/in Member statements, Press Releases and Statements

UN General Assembly: Withdraw the mandate of the UN Special EnvoyCSOs condemn the UN Special Envoy’s meeting with war criminal Min Aung Hlaing We, the 864 undersigned organizations, call on the UN General Assembly to withdraw the mandate of the Special Envoy on Myanmar. We also call on the UN Secretary-General to show his serious commitment […]

As junta squeezes courts, Myanmar’s lawyers are forced to face their worst fears

August 19, 2022/in News

Even as they face threats to their own safety and freedom, some lawyers remain committed to representing political prisoners Mei Aye, a lawyer who visits Yangon’s Insein Prison at least twice a week for court appearances, has a ritual that she follows on the days that she has to pass through the gates of Myanmar’s […]

UN GENERAL ASSEMBLY: WITHDRAW THE MANDATE OF THE UN SPECIAL ENVOY

August 22, 2022/in Member statements, Press Releases and Statements

As junta squeezes courts, Myanmar’s lawyers are forced to face their worst fears

August 19, 2022/in News

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UN GENERAL ASSEMBLY: WITHDRAW THE MANDATE OF THE UN SPECIAL ENVOY

August 22, 2022/in Member statements, Press Releases and Statements

UN General Assembly: Withdraw the mandate of the UN Special Envoy
CSOs condemn the UN Special Envoy’s meeting with war criminal Min Aung Hlaing

We, the 864 undersigned organizations, call on the UN General Assembly to withdraw the mandate of the Special Envoy on Myanmar. We also call on the UN Secretary-General to show his serious commitment to resolving the devastating human rights and humanitarian crises in Myanmar by assuming a personal role on Myanmar and taking decisive action.

The first visit of the current UN Special Envoy (UNSE) to Myanmar, Noeleen Heyzer, which took place from 16 to 17 August 2022 was the latest evidence of the historical ineffectualness of the mandate over a decades-long approach that has continually failed. The UN must immediately end its business-as-usual approach towards Myanmar. The long history of the UN’s attempts at peace-brokering with Myanmar’s military through Special Envoys has never catalyzed into meaningful results, but has instead lent legitimacy to perpetrators of international atrocity crimes — and has permitted worsening human rights and humanitarian crises.

The current wait-and-see approach of the UNSE, and by extension the UN, towards the junta has not yielded results — as has been repeatedly proven for decades. On the contrary, these “visits” and “dialogues” have emboldened the military — and the current illegal junta — to continue to commit escalating atrocity crimes against the people. It also undermines the united struggle of the people of Myanmar, thereby violating the UN’s own ‘do no harm’ approach.

We call on the UN General Assembly (UNGA) and UN Member States to end the mandate of the UNSE at the upcoming session in September 2022. Additionally, the UNGA must formulate concrete actions which centered on accountability, and which reflect the will and demands of the people of Myanmar.

CSOs have previously rejected the current UNSE’s proposal of power-sharing settlements as a solution to the political, human rights and humanitarian crises inflicted on the whole country by the terrorist junta. We are dismayed that the UNSE failed to take into account key recommendations put forward by CSOs during their February and April 2022 meetings, which were reflective of Myanmar people’s aspirations for a genuine federal democracy free of the military.

During these meetings, CSOs also called for the UNSE’s mandate to be “transformed and updated to focus on accountability and transitional justice,” as its current formulation is vague and inadequate to address the present Myanmar crisis. The current UNSE’s mandate resulted from the 72^nd session of the UNGA in 2017 to address the Rohingya crisis. Thus, it does not reflect the magnitude or complexity of the current crises. The UNSE has failed to acknowledge or act on this key recommendation, rendering the mandate ineffectual.

CSOs also emphasized their concerns that the UNSE’s proposed trips to Naypyidaw to meet with the junta’s leadership could be manipulated by the junta in its efforts to gain legitimacy from the international community. Such visits could give the appearance of recognition and acceptance by the UN and, by extension, the international community. We note that CSOs were not consulted prior to the UNSE’s recent trip.

As CSOs warned and expected, on 17 August the military junta showcased its meeting with the UNSE as an official meeting with the “current Myanmar government” with photos of the UNSE shaking hands with junta leader Min Aung Hlaing. The UN must now repair the considerable damage it incurred by allowing the UNSE to be exploited for junta propaganda.

We are also deeply disappointed to note the absence of a reference to the National Unity Government (NUG) – the legitimate government of Myanmar – in the UNSE’s statement after the meeting, despite pledging an inclusive process with all stakeholders to resolve the ongoing crisis. We are also alarmed by the timing of her meeting with the junta, which followed the extrajudicial executions of four political prisoners in July and the sentencing of Daw Aung San Suu Kyi to six more years in prison merely two days before her visit. The UNSE’s visit not only suggests that the UN is prepared to let these crimes go unabated and unpunished, but that it will maintain its ‘wait-and-see’ approach, freeing the junta to continue its relentless terror campaign and atrocity crimes against the people of Myanmar.

The UNSE further failed to secure meetings with State Counsellor Daw Aung San Suu Kyi and other arbitrarily detained parliamentarians elected in the November 2020 general elections while in-country. At the same time, it is of grave concern that the UNSE has repeatedly failed to acknowledge the root cause of the current crisis: the military junta’s failed power grab and its horrific international crimes meted out in frustration since — acts that the UN itself has found to comprise of probable war crimes and crimes against humanity. We note that the failed coup attempt and the ongoing airstrikes and heavy military attacks against civilians, among other critical matters, were not mentioned in the UNSE’s statement. Given the UNSE’s engagement with CSOs, who provided updates on the ground situation and clear recommendations, these intentional omissions undermine the important work of other UN mandate holders including the High Commissioner for Human Rights and the Special Rapporteur on the situation of human rights in Myanmar, each of whom has also referred to the NUG in their reporting.

We also note that the UNSE left out mention of the NUG in relation to humanitarian aid provision. We consider this intentional given that the humanitarian forum mentioned in the UNSE’s statement was proposed by the NUG together with some Ethnic Revolutionary Organizations (EROs). This exclusion was both unethical and an appeasement to the junta; furthermore, it breaches the humanitarian principle of impartiality.

The junta continues to weaponize humanitarian aid by blocking the delivery of humanitarian assistance and by attacking humanitarian actors. These acts amount to war crimes and violations of the Geneva Conventions. We again press that channeling humanitarian assistance through the junta will support their corrupt agenda, fuel the further weaponization of aid, and cause irreparable harm to the people of Myanmar. CSOs have urged the UNSE to push for effective aid delivery – taking a solidarity-based approach with the people – particularly through cross-border channels with local humanitarian groups. Such calls must be heeded.

The junta is a terrorist organization under Myanmar’s domestic law and by international definition. The UN must exercise its mandate provided by the UN Charter to protect the people of Myanmar from the junta’s escalating violence. It must also work directly with the NUG as the legitimate government, the National Unity Consultative Council, EROs and CSOs to meaningfully and immediately address and resolve the catastrophic crisis in Myanmar, while disengaging from the junta. As the people of Myanmar asked in protests staged during the UNSE’s visit: “How many dead bodies UN need to take action?”

We reiterate the call for justice and accountability. The military junta, responsible for genocide, crimes against humanity and war crimes, must be held criminally liable, not rewarded with recognition or engagement.

The UNGA must withdraw the mandate of the Special Envoy. In its place, the UN Secretary-General must take personal leadership on Myanmar for the sake of the people, and to repair the UN’s own reputation and standing. At the same time, the UN Security Council must refer the situation in Myanmar to the International Criminal Court or establish an ad hoc tribunal to secure accountability.

For more information, please contact:

Khin Ohmar, Progressive Voice, info@progressive-voice.org
Naw Wahkhu Shee, Karen Peace Support Network, wahku80@gmail.com
Mulan, Blood Money Campaign, bloodmoneycampaign21@gmail.com
Salai Za Uk Ling, Chin Human Rights Organization, zauk@chinhumanrights.org
Debbie Stothard, ALTSEAN-Burma, debbie@altsean.org
Hannah Russell, Myanmar Action Group Denmark, hnr@myanmaractiongroup.dk

Signed by 864 organizations, including 320 groups who have chosen not to disclose their names:

24 Daily Network
8888 Generation (New Zealand)
Action Against Myanmar Military Coup (Sydney)
Action Committee for Democracy Development
Action Committee of Basic Education Students (ACBES)
Active Youths (Kalaymyo)
Ah Nah podcast – Conversation with Myanmar
La. Ka (12) Hta Khwe, Primary Education Student Union
All Arakan Students and Youths’ Congress
All Aung Myay Thar San Education Strike
All Burma Democratic Face in New Zealand
All Burma Federation of Student Unions (Monywa District)
All Burma Student Democratic Front – Australia Branch
All Religions Strike Column
All Young Burmese League (AYBL)
Alliance of Students’ Union – Yangon (ASU-Yangon)
ALTSEAN-Burma
Ananda Data
Anti Dictatorship in Burma – DC Metropolitan Area (ADB-DCMA)
Anti-coup Forces Coordination Committee (ACFCC -Mandalay)
Anti-Junta Alliance Yangon-AJAY
Anti-junta Forces Coordination Committee (AFCC)
Anti-Myanmar Dictatorship Movement
Anti-Myanmar Military Dictatorship Network (AMMDN)
Arakan CSO Network
Arakan Humanitarian Coordination Team- AHCT
Arakan Rivers Network (ARN)
Asia Democracy Network
Asia Pacific Solidarity Coalition
Association of Human Rights Defenders and Promoters
Association of United Nationality in Japan (AUN)
Association Suisse-Birmanie
Athan – Freedom of Expression Activist Organization
Auckland Kachin Community NZ
Auckland Zomi Community (New Zealand)
Aung Myay Thar Zan Education Schools Strike Column
Aung Pin Lae Main Strike Column
Australia Burma Friendship Association, Northern Territory
Australia Karen Organization WA Inc.
Australia Myanmar Doctors, Nurses and Friends
Australia Myanmar Youth Alliance (AMYA)
Australian Burmese Muslim Organisation
Australian Chin Community (Eastern Melbourne Inc)
Australian Karen Organisation (AKO)
Ayeyarwaddy Youth Network
Bama Youth Network
Bamar Community Tasmania
Basic Education General Strike Committee (BEGSC)
Basic Education Students and Youths Association
Basic Education Worker Unions – Steering Committee (BEWU-SC)
BCC (Sagaing Region)
Bee_Hive Group
Blood Money Campaign
Blooming Padauk
Burma Action Ireland
Burma Campaign UK
Burma Human Rights Network
Burma Lawyers’ Council (BLC)
Burma Refugee Saving Association (B.R.S.A)
Burma Task Force
Burman suomalaiset Finland
Burmese Canadian Network (BCN)
Burmese Community – South Australia
Burmese Community Development Collaboration (BCDC)
Burmese Community Group (Manawatu, NZ)
Burmese Community in France
Burmese Community Support Group (BCSG)
Burmese Friendship Association
Burmese Medical Association Australia (BMAA)
Burmese Rohingya Organisation UK
Burmese Rohingya Welfare Organisation New Zealand
Burmese Women’s Union
Calgary Karen Community Association (CKCA)
Cambodian Americans and Friends for Democracy and Human Rights Advocates
Campaign for a New Myanmar
Canberra Karen Association
CDM Education NayPyiTaw
CDM Medical Network (CDMMN)
CDM Support Team Mandalay (CSTM)
Chanmyatharzi Township People’s Strike
Chin Community – South Australia
Chin Community of Auckland (New Zealand)
Chin Community of Japan (CCJ)
Chin Community of Western Australia Inc.
Chin Community Tasmania
Chin Human Rights Organization
Chin Leaders of Tomorrow
Chin MATA Working Group
Chin Resources Center
Chin Youth Organization of Japan (CYO-JP)
Chindwin (West) Villages Women Strike
Citizen of Burma Award- New Zealand
Civil Information Network (CIN)
Civil Society Organizations Coordination Committee (Monywa)
Coalition Strike Committee – Dawei
Colorful Spring (ရောင်စုံနွေဦး)
Cooperative University Student Strike Column
CRPH and NUG Supporters Ireland
CRPH Funding Ireland
CRPH Support Group, Norway
CRPH, NUG Support Team Germany-Deutschland
CRPH/NUG Support Group Australia
Daung Sit Thi
Daung Sitthe Strike
Dawei (Ashaetaw) Women Strike
Dawei Youths in Japan (DYJ)
Dawei Youths Revolutionary Movement Strike Committee
DEEKU-Karenni Community of Amarillo, TX
Democracy for Myanmar – Working Group (NZ)
Democracy, Peace and Women’s Organization
Democratic Youth Council
Depayin Township Revolution Steering Committee
Depayin Women Strike
Dhanu Youth Organization
Digital Rights Collective
Doh Atu – Ensemble pour le Myanmar (France)
Dragon Dawn
Edmonton Karen Community Youth Organization
Education Family (Anti – Fascists Education Strike Columns Coordination Committee)
Educational Initiatives Prague
Equality Myanmar
Ethnic Youth General Strike Committee (Mandalay)
Falam Community – South Australia
Federal FM Mandalay
Federal Myanmar Benevolence Group (New Zealand)
Federation of Worker’s Union of Burmese Citizens in Japan (FWUBC)
Fight For The End Support Team
Former Political Prisoners and New Generation Group – Monywa
Foundation of Khmer Samaki, USA
Free Burma Campaign (South Africa) (FBC(SA)
Free Rohingya Coalition
Freedom for Burma
Future Lights Center
Future Thanlwin
Gangaw Women Strike
General Strike Collaboration Committee (GSCC)
General Strike Committee – GSC
General Strike Committee of Basic and Higher Education
General Strike Committee of Nationalities (GSCN)
Generation Wave
GenY For Revolution Japan
Global Movement for Myanmar Democracy
Global Myanmar Spring Revolution
Global Myanmar Spring Revolution – Japan
Golden Dream Organization (ရွှေရောင်အိပ်မက် အဖွဲ့)
Grass-root People
Hope For Youth -Kyushu Japan
HTY Scout Channel
Human Rights Foundation of Monland
IFI Watch Myanmar
IN ARR car service
India For Myanmar
Industrial Training Centre (ITC) Family Sydney
Industries Strike
Information & Scout News (Hlaing)
Initiatives for International Dialogue
Insein Scout Channel
Inter Pares
Interfaith Youth Coalition on Aids in Myanmar (IYCA-Myanmar)
International Association, Myanmar-Switzerland (IAMS)
International Campaign for the Rohingya
International Karen Organisation
International Society of Myanmar Scholars and Professionals (Japan)
Japan Myanmar Future Creative Association (JMFCA)
Japan Myanmar Help Network – JMHN
Joint Action Committee for Democracy in Burma (JACDB)
Justice 4 Myanmar – Hope & Development
Justice For Myanmar
Justice Movement For Community-Innlay
Kachin Affairs Organization -Japan (KAO (Japan)
Kachin Association of Australia WA Inc.
Kachin Human Rights Watch
Kachin Student Union
Kachin Women’s Association Thailand
Kalay Township Strike Force
Kalay Women Strike
Kamayut Scout Channel
Kansai Group Japan
Kansas Karenni Community, KS
Karen American Association of Wisconsin, Milwaukee, WI
Karen Association of Huron, SD
Karen Community – South Australia
Karen Community in Syracuse, NY
Karen Community of Akron, OH
Karen Community of Canada (KCC)
Karen Community of Czech Republic
Karen Community of Finland
Karen Community of Hamilton
Karen Community of Iowa, IA
Karen Community of Ireland
Karen Community of Israel
Karen Community of Kansas City, KS & MO
Karen Community of Kitchener & Waterloo
Karen Community of Leamington K
Karen Community of Lethbridge
Karen Community of London
Karen Community of Minnesota, MN
Karen Community of Ottawa
Karen Community of Regina
Karen Community of Rochester, Rochester, NY
Karen Community of Saskatoon
Karen Community of Thunderbay
Karen Community of Toronto
Karen Community of Windsor
Karen Community of Winnipeg
Karen Community Society of British Columbia (KCSBC)
Karen Human Rights Group
Karen National League Japan-KNL
Karen Organization of America
Karen Organization of Illinois, IL
Karen Peace Support Network
Karen Swedish Community
Karen Thai Group
Karen Women’s Organisation
Karen Youth Education Pathways
Karen Youth Networks
Karen Youth of Norway
Karen Youth of Toronto
Karen Youth Organization
Karenni Civil Society Network
Karenni Community of Arizona, AZ
Karenni Community of Arkensas, AK
Karenni Community of Austin, TX
Karenni Community of Bowling Green, KY
Karenni Community of Buffalo, NY
Karenni Community of Chicago, IL
Karenni Community of Colorado, CO
Karenni Community of Dallas, TX
Karenni Community of Des Moines, IA
Karenni Community of Florida, FL
Karenni Community of Fort Worth, TX
Karenni Community of Georgia, GA
Karenni Community of Houston, TX
Karenni Community of Idaho, ID
Karenni Community of Indianapolis, IN
Karenni Community of Massachusetts, MA
Karenni Community of Michigan, MI
Karenni Community of Minnesota, MN
Karenni Community of Missouri, MO
Karenni Community of North Carolina, NC
Karenni Community of Portland, OR
Karenni Community of Rockford, IL
Karenni Community of San Antonio, TX
Karenni Community of Sioux Falls, SD
Karenni Community of Utah, UT
Karenni Community of Utica, NY
Karenni Community of Washington, WA
Karenni Community of Western Australia Inc.
Karenni Community of Wisconsin, WI
Karenni Federation of Australia
Karenni National Society (KNS) Japan
Karenni Society Finland
Karenni Society New Zealand
Karenni Society of Omaha, NE
Karenni-American Association
Kawyaw National Youth Organization (KyNYO)
Kayan Internally Displacement Supervising Committee (KIDSC)
Kayan Women’s Organization
Kayin Community Tasmania
Keng Tung Youth
KnowUsMoreMyanmar (KUM)
Kobe Myanmar Community (KMC)
Korea Karen Organization
Korea Karen Youth Organization
Korean Civil Society in Support of Democracy in Myanmar (106 CSOs Coalition)
Kyaikhto Basic Education Students’ Union-KBESU
Kyain Seikgyi Spring Revolution Leading Committee
Kyaukse University Students’ Union
Kyauktada Strike Committee (KSC)
Kyimyindaing Scout Channel
La Communauté Birmane de France
Lanmadaw, Latha & Pabedan Scout Channel
Land In Our Hands
Latpadaung Region Strike Committee
League For Democracy in Burma (L.D.B Japan)
Let’s Help Each Other
LGBT Alliance Myanmar
LGBT Alliance Myanmar (Kalay Region)
LGBT Alliance Myanmar (Kyaukse Region)
LGBT Community Yangon
LGBT Union Mandalay (LGBTIQ Strike of Mandalay)
Literary Lovers Group
Los Angeles Myanmar Movement (LA2M)
Magway People’s Revolution Committee
Maha Aung Myay Township People Collective Strike Column
Maharaungmyay Township People’s Strike
Mandalar University Students’ Strike
Mandalay Alliance Strike Collective Column
Mandalay Based People Strike Column
Mandalay Civil Society Organizations
Mandalay Engineer Group (MEG)
Mandalay Engineer United Force
Mandalay Medical Family (MFM)
Mandalay Regional Youth Association
Mandalay Strike Force (MSF)
Mandalay University Student Alumni Union
Mandalay Wholesale Strike Column
Mandalay Women Strike
Mandalay Youth Strike
Mandalay-based People’s Strike
Mandalay-Based University Students’ Unions
MASBO-Myanmar Active Students & Businesspeople Organization
MATA (Sagaing Region)
Matu Chin Community – South Australia
Mawlamyine Township Basic Education Students’ Union (MLMTBESU)
Mayangone News
Me Boun Foundation
Medical Family – Mandalay
Metta Campaign Mandalay
MIIT Student Strike Column
MilkTea Alliance Calender Team
MilkTeaAlliance (Friends of Myanmar)
Mindanao Peacebuilding Institute Foundation, Inc
Mindat Chin Community NSW
Mindat Community – South Australia
Minority Affairs Institute – MAI (Myanmar)
Mizo Community – South Australia
Mon Families Group
Mon National Council (MNC)
Mon Youth For Federal Democracy (MYFD)
Monywa LGBT Strike
Monywa People’s Strike Steering Committee
Monywa Women Strike
Monywa-Amyint Road Strike Leading Committee
Monywa-Amyint Road Women Strike
Multi-Religions Strike
Muslim Youth Network
Muslim Youth Union
Mya Taung Strike
Myanmar Accountability Project
Myanmar Action Group Denmark
Myanmar Alliance for Transparency and Accountability
Myanmar Buddhist Community of South Australia
Myanmar Community Coffs Harbour (MCC)
Myanmar Democracy and Peace Committee (Australia)
Myanmar Democratic Force in Denmark
Myanmar Democratic Movement (MDM)
Myanmar Development Support Group (MDSG)
Myanmar Diaspora Group Finland
Myanmar Engineering Association of Australia (MEAA)
Myanmar Engineers – New Zealand
Myanmar Global Support Foundation (Japan)
Myanmar Gonye (New Zealand)
Myanmar Institute of Information Technology Students’ Strike
Myanmar Labor Alliance (MLA)
Myanmar Nationalities’ Support Organization – JP (MNSO)
Myanmar People Alliance (Shan State)
Myanmar People Residing in Canberra
Myanmar Professionals Association Australia (MPAA)
Myanmar Railway, Region (3) CDM Strike Column
Myanmar Seafarer Group
Myanmar Spring Revolution Japan (MSRJ)
Myanmar Students’ Association Australia (MSAA)
Myanmar Students’ Union in New Zealand
Myanmar Tozan Club (MTC)
Myanmar Youth and Student Association, Japan (MYSA)
Myanmar’s Youth Association Hokkaido (MYAH)
Myaung Education Network
Myaung Medical Team
Myingyan Civilian Movement Committee
Nation Youth Organization
National League for Democracy (Monywa Township)
National Support Team
National Youth League for Politics and Leadership
Network for Advocacy
Network for Human Rights Documentation Burma (ND-Burma)
Network of University Student Unions – Monywa
New Zealand Doctors for NUG
New Zealand Karen Association
New Zealand Zo Community Inc.
NLD Solidarity Association (Australia)
No 7 State High School Alumni Strike Column
No Business With Genocide
12 Basic Education Branch High School (Maharaungmyay) Students’ Union
NOK Information & Scout Echo
North Dagon & East Dagon News
Northern Star
NRFF – New Rehmonnya Federated Force
NSW Karenni (Kayah) Communities
Nyan Lynn Thit Analytica
OCTOPUS (Youth Organization)
Okinawa Myanmar Association (OMA)
Olive Organization
One Day Challenge (Korea)
Oversea Karen Organization Japan
Overseas Mon Association. New Zealand
Palaung National Society Japan, PNS-Japan
Palaw Supporting Group Japan
Pale Township People’s Strike Steering Committee
Pan Pa Wash People Strike Column
Patriotic War Vetrans of Burma (PWVB)
People’s Hope Spring Revolution (PHSR)
People’s Embrace (ပြည်သူ့ရင်ခွင်)
People’s Hope Spring Revolution (Japan)
Phayagye Peace Strike Column
Political Resources Music Generated
Private Pre-school Teachers Association
Progressive Voice
Punnyakari Mon National Society Japan, PMNS-Japan
Pyigyidagon Strike
Pyithu Gonye (New Zealand)
Queenagers
Queensland Kachin Community (QKC)
Queensland Myanmar Youth Collective (QMYC)
Queensland Rohingya Community
Rainbow Fundraising
Representative Committee of University Teacher Associations
Representing the Arrested People
Revolution Tokyo Myanmar (RTM)
Rohingya Action Ireland
Rohingya Welfare Organization New Zealand
Rvwang Community Association New Zealand
E.T (Spring Embrace Team)
Samgha Sammaga-Mandalay Strike
Save and Care Organization for Ethnic Women at Border Areas
SAVE MYANMAR – USA
Save Myanmar Fundraising Group (New Zealand)
Second Tap Root
Sein Pan Strike
Shan Community (New Zealand)
Shan Community in Japan (SCJ)
Shan MATA
ShizuYouth For Myanmar
Shwe Pyi Thar News
Shwe Youth Democratic Alliance (SYDA)
Sisters 2 Sisters
Sitt Nyein Pann Foundation
Social Garden
Sone See Yar (Volunteer Group)
SOS MYANMAR (ရုန်းကန်သံအဖွဲ့)
South Dagon Scouting Infos (SDG)
Southern Dragon Myanmar
Southern Youth Development Organization
Spring Revolution Interfaith Network-SRIN
Spring Revolution Myanmar Muslim Network (SRMMN)
Spring Revolution Restaurant
Strike Column of Representatives of Arbitrarily Arrested People
Strike Column of Teachers from Universities and Degree Colleges of Mandalay
Student Youth Congress of Burma
Students for Free Burma (SFB)
Support group for Democracy in Myanmar (The Netherlands)
Support the Democracy Movement in Burma
Supporting 4 Myanmar
Swedish Myanmar Supporting Community
Sydney Friends for Myanmar Unity
Synergy-Social Harmony Organization
Ta’ang Women’s Organization
Taekwando Sport Association
Tai Youths Network Japan (TYNJ)
Tamwe Nway Oo Channel
Tanintharyi MATA
Tanitharyi Women’s Network
Taze Women Strike
Tenasserim Student Unions’Network – TSUN
Thai Action Committee for Democracy in Burma (TACDB)
Thaketa & Dawbon Scout Channel
Thakhin Kodaw Mhine Peace Network (Monywa)
Thanlyin Information & Scout channel
Thapaynyo News Letter
Thayat Chaung Women Strike
The 88 Generation Peace and Open Society (Monywa)
The Rohingya American Society
Thint Myat Lo Thu Myar Organization
Try Together At Japan (TTAJ)
Twitter Team for Revolution
S. Campaign for Burma
UAE ရောက် မြန်မာများအဖွဲ့
Union of Myanmar Citizen Association – Japan
Unitarian Universalist Service Committee
United Myanmar Community of South Australia
University Students’ Unions Alumni Force
US Advocacy Coalition for Myanmar (USACM)
Victorian Burmese Care Community (VBCC)
Victorian Myanmar Youth (VMY)
Voice For Justice
We Are One Saga MOSA
We for All
We Pledge CDM (Australia)
We Support
Western Australia Myanmar Community (WAMC)
Western Australia Myanmar Democratic Network (WAMDN)
Wetlet Revolution Leading Committee
Wetlet Township Women Strike
White Coat Society Yangon (WCSY)
Women Activists Myanmar (WAM)
Women Advocacy Coalition – Myanmar
Women Alliance Burma (WAB)
Women’s League of Burma
Women’s Peace Network
Yadanabon University Students’ Union
Yangon Deaf Association
Yangon Region Scout Forces – YRSE
Yangon Revolution Force – YRF (Soft Strike Community)
Yangon Women Strike
Yaw Funding Japan
Yenanchaung University Student’s Union
YG Network
YGN_INFO_Alliance
Yinmarpin and Salingyi All Villages Strike Committee
Yokohama Pamphlet Campaign – Myanmar
Youths for Community (Myaung)
Youth Scout For Democracy (YSD)
Youths Union – Centre
Youths Union – Pathein
Z Fighter News
Zeegwat News
Zo Community – South Australia
Zomi Association Australia Inc.
Zomi Community – South Australia
Zomi Community Queensland
ကလေးမြို့ပင်မသပိတ်အင်အားစု
ခေတ်သစ်နိုင်ငံရေး ဘောဂဗေဒ လေ့လာရေး ကျောင်းတော်သားစု
ဂျပန်ပြည်မှတွဲလက်များ
ငြိမ်းချမ်းလှပ ပြည်သူ့ဘဝ (မလေးရှား)
ထားဝယ်မြို့နယ်အရှေ့တောသပိတ်ကော်မတီ
ဒယ်ဂျွန်းမြန်မာဒီမိုကရေစီ ငြိမ်းချမ်းရေးအဖွဲ့ (Korea)
နွေဦးရဲ့တွဲလက်များ
ပညာနန်းတော်ကိုယ်ပိုင်ကျောင်း ကျောင်းသားများသမဂ္ဂ (သီးခြားအကသ)
ပွင့်ဖြူလယ်ယာမြေကွန်ရက်
ပအိုဝ်းလူငယ် ပါရမီဖြည့်ဖက်အသင်း (Malaysia)
မကွေးလူထုတိုက်ပွဲကော်မတီ
မျိုးဆက်-Generations
ယင်းမာပင်-ဆားလင်းကြီး ကျေးရွာပေါင်းစုံ လူထုသပိတ်ဦးဆောင်ကော်မတီ
ရွှေရေးပန်းချီ
ရှင်သန်ခြင်း (တော်လှန်အင်အားစု)
လရိပ်ပြာ ပရဟိတ စင်္ကာပူ
သံဃသမဂ္ဂ မန္တလေး
သီပေါမြို့နယ် ပညာရေးဘုတ်အဖွဲ့
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အထက်အညာလွင်ပြင်ရပ်ဝန်း
အသောကသုခ (ကိုရီးယား)
ဆရာများသမဂ္ဂ (ကလေးတက္ကသိုလ်)
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ဒီပဲယင်းမြို့နယ်လူထုသပိတ် ဦးဆောင်ကော်မတီ
အရာတော်မြို့နယ်မြို့နယ် လူထုသပိတ်ဦးဆောင်ကော်မတီ
ပုလဲမြို့နယ်လူထုသပိတ်ဦးဆောင်ကော်မတီ
မုံရွာ-အမြင့်လမ်း လူထုသပိတ်ဦးဆောင်ကော်မတီ
သွေးမအေးတဲ့ရွှေနွယ်သွေး သပိတ်ဦးဆောင်ကော်မတီ
အောင်လံလွှင့်မည် ရွှေရေကြည် သပိတ်ဦးဆောင်ကော်မတီ
တော်လှန်စုပေါင်း ရွှေစုန်းချောင်း သပိတ်ဦးဆောင်ကော်မတီ
မုံရွာတက္ကသိုလ်ကျောင်းသားများသမဂ္ဂ
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လက်ပံတောင်းတောင်ဒေသ အာဏာရှင်ဆန့်ကျင်ရေး သပိတ်အင်အားစု
ယင်းမာပင်-ဆားလင်းကြီး ကျေးရွာပေါင်းစုံ လူထုသပိတ်ဦးဆောင်ကော်မတီ
ချင်းတွင်းမြစ်အနောက်ဖက်ကမ်းသပိတ်စစ်ကြောင်း
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As junta squeezes courts, Myanmar’s lawyers are forced to face their worst fears

August 19, 2022/in News

Even as they face threats to their own safety and freedom, some lawyers remain committed to representing political prisoners

Mei Aye, a lawyer who visits Yangon’s Insein Prison at least twice a week for court appearances, has a ritual that she follows on the days that she has to pass through the gates of Myanmar’s most notorious detention centre.

The first thing she does is tell someone she trusts about her unfinished business. And then she makes a point of saying goodbye to all her loved ones, mindful of the fact that she might not see them again for a very long time.

She says she does this as a way of dealing with the crippling anxiety she often feels about the perils of her job defending political prisoners. This is because she knows all too well how easily she, too, could end up behind bars.

“I have to do these things in case I don’t get to come home from work one day. I never know when I will be taken away to an interrogation centre,” she explains.

As a defence attorney with 10 years of experience, Mei Aye is no stranger to prisons, which she says hold no real terror for her. But interrogation centres are another matter—she has seen too many of her clients after they have emerged from them not to live in fear of what happens behind their closed doors.

I never know when I will be taken away to an interrogation centre

Many are badly bruised or scarred, she says, and some even have open wounds that testify to the brutality of the regime’s techniques for extracting information.

“I’m not a doctor, so I can’t really say how serious their injuries were. But I could see that they had been really severely beaten. And I am afraid of having to face the same fate,” she says.

Currently working on 28 political cases, Mei Aye deals with clients facing charges that range from incitement to terrorism and possession of explosive devices. In the eyes of Myanmar’s military, that makes her an object of suspicion, too.

She says her anxiety lifts only after the court hearings have begun. But as soon as they end and she starts preparing to leave the prison, the feeling of dread returns. And it stays with her for at least the next two days, filling her mind with vivid images of what might await her.

“I keep seeing the same scene over and over again: soldiers kicking the door open, rushing in, and torturing me in my own home. I sometimes find myself wondering how many blows I would be able to take,” she says of her state of mind during these periods.

But there is nothing irrational about these fears. While there is no official count, members of Myanmar’s legal community say that at least 20 lawyers have been detained since last year’s coup to face charges related to those of their clients.

‘Worse than ever’

Since seizing power in February 2021, the military regime headed by Min Aung Hlaing has taken over all three branches of government—executive, legislative, and judicial. Under its rule, the independence of judges has ceased to exist.

In February, a year after the military takeover, the International Commission of Jurists (ICJ) reported on the total collapse of Myanmar’s courts as instruments of justice. Among the issues it addressed were the treatment of lawyers—especially those representing political dissidents.

“Lawyers are often threatened in front of judges and are actually arrested in courtrooms for asking witnesses questions about torture and ill-treatment their clients have experienced or for requesting fair trials,” the report said.
Lawyers_protest.jpeg

Lawyers join an anti-coup demonstration in Yangon on February 8, 2021 (Myanmar Now)

According to a retired judge who served under Myanmar’s previous military regimes, the situation now is worse than it has ever been. While the courts have never been free or fair under military rule, it was never normal in the past for lawyers and judges to face such persecution, he said.

They think they can hold onto authority if they can cut off all support for protesters who have become political prisoners

One major constraint facing lawyers involved in political cases is that the charges against their clients are usually laid by members of the police force. This puts lawyers at risk of provoking people who have the power to arrest them.

“Lawyers can’t avoid questioning the plaintiffs, who are usually police in these cases, if they are going to defend their clients’ rights. The police don’t like that, so they often pressure and threaten to arrest those lawyers,” said the former judge.

Some of the lawyers now behind bars represented high-profile figures from the ousted National League for Democracy (NLD) government, as well as prominent dissidents.

This includes Ywet Nu Aung, a Mandalay-based lawyer who was arrested in April following a hearing for Dr. Zaw Myint Maung, the deposed chief minister of Mandalay Region. Now being held at Obo Prison, where she was first taken into custody, she faces a life sentence on terrorism charges.
Ywet_nu_aung.jpeg

Ywet Nu Aung is seen in front of the Dakhina District Courthouse in Naypyitaw in 2019 (Myanmar Now)

In June, three more lawyers were arrested in Monywa, including Moe Zaw Tun, the defence attorney for Myint Naing, a member of the NLD’s central executive committee who served as Sagaing Region’s chief minister until his arrest just days after the military takeover. Moe Zaw Tun also represented Wai Moe Naing, a Monywa-based protest leader detained since last April after being hit during a protest by a vehicle driven by regime forces.

Tin Win Aung, another lawyer who defended Wai Moe Naing, was arrested at Obo Prison on June 29 along with two other Mandalay-based lawyers. During his interrogation, he suffered multiple injuries, including a broken arm, according to sources close to the victim.

No one else to turn to

With so many reports of lawyers being locked up, it is little wonder that some avoid prison courts altogether, while others have gone into hiding. And this has had the desired effect of further isolating critics of the regime.

“They think they can hold onto authority if they can cut off all support for protesters who have become political prisoners,” said Mei Aye.

It is for this reason alone that Mei Aye refuses to stop her work, which she knows perfectly well is not likely to achieve any meaningful justice as long as the junta remains in power.

Since moving to Yangon in 2018, she has worked as a legal advisor for various organisations and offered her services free of charge to individuals arrested for political offences. Many of her clients have had no one else to turn to.

Mei Aye vividly recalls one case in particular. She said she received a call at around 11pm one night several months after the coup. At the other end was a panic-stricken woman whose first words were, “Please help my son. He’s been taken by the military.”

At the time, there was a 10pm curfew in place, and the woman knew that if she left her home to seek help, she would also be arrested. So she called Mei Aye, who had posted her telephone number on social media, and described what had happened just moments earlier.

“She didn’t know what else to do. She had just witnessed her son being beaten and dragged away. Lawyers don’t usually get emotional in front of clients, but I cried. I couldn’t stop my tears, because we both felt the same helplessness,” she said.

The next morning, the woman called again. She asked Mei Aye to come to the South Okkalapa police station, where her son was being held along with seven other youths.

When she reached the police station, Mei Aye saw a group of exhausted-looking mothers who had been forced to stand for hours as they repeatedly asked the officers on duty for permission to see their detained children.

Lawyers don’t usually get emotional in front of clients, but I cried. I couldn’t stop my tears, because we both felt the same helplessness

In the end, their persistent requests were denied, and even Mei Aye was not allowed to see the prisoners she had agreed to represent. However, she was told that she could send them food and clothing, which made their mothers immensely happy, as it indicated that, if nothing else, their sons were still alive.

Another reason lawyers have been in the crosshairs of the regime is that they have often served as the only means for prisoners to communicate with the outside world.

This is why Khin Maung Zaw, the lawyer who leads the legal team defending a number of Myanmar’s ousted civilian leaders, including President Win Myint and State Counsellor Aung San Suu Kyi, has been ordered not to speak to the media.
Khin_maung_zaw.jpeg

Lawyer Khin Maung Zaw (Myanmar Now)

Even lawyers who are not under gag orders know that they are at risk if they convey messages from their clients, as they can also be charged with “incitement through spreading false news” if they disclose information about the treatment of prisoners or any other information the regime wants to conceal.

Verdicts ‘from above’

Since the coup, most political cases have been tried in “special courts” set up inside prisons. These makeshift “courtrooms” typically consist of curtained-off spaces in large halls or other prison buildings, usually about 10”x10” in area and with little more than a table and two or three chairs for furniture.

With thousands of trials to conduct against its opponents, the regime has also reduced the role of the people involved in its legal proceedings to the bare basics. Lawyers are allowed to attend hearings only to maintain the pretence of due process.

Judges play an even more perfunctory part in the junta’s sham justice system. They never intervene when prison officials or intelligence officers eavesdrop on conversations between lawyers and their clients, and they invariably pass judgments that are predetermined and “directed from above.”

Lawyers say that judges simply read out verdicts that arrive in sealed envelopes, eliminating the need to actually adjudicate in cases that rarely have any merit to begin with.

“Some judges like living under a dictatorship. They can just do as they please. They no longer feel any need to examine cases,” said one lawyer who has taken part in several post-coup trials.

The treatment of prisoners is also routinely ignored by judges. According to Mei Aye, many of her clients have appeared at hearings covered in cuts and bruises after brutal interrogation sessions, but judges simply turned a blind eye to this obvious evidence of abuse.

“I would submit a request for the judge to acknowledge and record the injuries of the defendants inflicted by the authorities, but they would never respond to those requests. Some judges even told me to stop bringing it up,” she said.

But as bad as Myanmar’s ordinary courts have become, they are still not as arbitrary or oppressive as the military tribunals that handle cases in areas that have been placed under martial law.

These tribunals have been empowered to preside over cases involving alleged violations of 23 separate provisions of the Penal Code. The proceedings are heavily guarded by junta troops, but the accused lack even the most basic legal protections. All cases are handled by military lawyers and military judges, who decide on the fate of defendants who are denied any say in their own defence.
Anti-Coup_protest.jpeg

An anti-coup protest is seen in Yangon on February 8, 2021 (Myanmar Now)

It is under such circumstances that a total of 119 dissidents have been sentenced to death over the past year, including 42 in absentia. Among them were 88 Generation leader Ko Jimmy, former MP Phyo Zeyar Thaw, and anti-coup activists Aung Thura Zaw and Hla Myo Aung, who last month became the first prisoners to be executed in Myanmar in more than three decades.

To boycott or not

Given the regime’s total control over the justice system, some believe that lawyers should simply refuse to have anything to do with it.

“They should boycott a system that lies to the international community and oppresses civilians,” said Kyi Myint, a legal expert who is also a well-known political analyst.

Others, however, argue that not much should be expected of lawyers and others who work in the country’s courts, as they have long operated in a climate of fear that has effectively stripped them of any ability to act independently.

“The person who is most responsible for addressing this situation is the one at the top. As long as he continues to submit to the rulers’ will, this problem will not go away,” said the retired judge who spoke to Myanmar Now about the worsening position of legal practitioners under the current regime, referring to chief justice Tun Tun Oo, who also served under the ousted civilian administration.

Anti-Coup_protest_in_yangon.jpeg

An anti-coup protest is seen in Yangon on February 8, 2021 (Myanmar Now)

For Mei Aye, however, fear has not been the determining factor in her career, as much as it has affected her life. What matters most, she said, is how she can best serve her clients—and through them, her country.

The person who is most responsible for addressing this situation is the one at the top. As long as he continues to submit to the rulers’ will, this problem will not go away

With regard to the latter, she said that she supports the Civil Disobedience Movement (CDM), which she sees as a highly effective means of denying the junta legitimacy and any real hold on power. But she hasn’t joined the movement herself, she said, because she feels that in her case, it would be taking the easy way out.

As a lawyer who mostly handles pro bono cases for political prisoners, she would personally not have much to lose by giving up her job, unlike many others who have joined the CDM. The real losers, she said, would be those in need of any support they can get after sacrificing their own freedom for the future of Myanmar.

“I don’t take on cases because I have any faith in this country’s judiciary. I do it because I need to check on my clients and keep a record of what is being done to them,” she said.

Myanmar Now News

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