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Weekly Update on the Situation of Human Rights in Myanmar: Post-Coup (11-17 October 2021)

October 18, 2021/in HR Situation

The decades of lies, denials and fabrications of the truth are catching up with the Myanmar junta. What the people on the ground have known and vocalized to the international community is being amplified in all diplomatic chambers. On October 15th, Southeast Asian foreign ministers met for an emergency meeting on potentially barring junta-military chief, Senior General […]

Additional charge against American journalist Danny Fenster related to his work with Myanmar Now, says lawyer

October 18, 2021/in News

Fenster had stopped working with Myanmar Now seven months before the outlet was banned for its coverage of the coup An additional charge that was laid against detained American journalist Danny Fenster earlier this month is related to his work with Myanmar Now before the military coup in February, according to his lawyer. Fenster, who […]

Weekly Update on the Situation of Human Rights in Myanmar: Post-Coup (11-17 October 2021)

October 18, 2021/in HR Situation

Additional charge against American journalist Danny Fenster related to his work with Myanmar Now, says lawyer

October 18, 2021/in News

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Weekly Update on the Situation of Human Rights in Myanmar: Post-Coup (11-17 October 2021)

October 18, 2021/in HR Situation

On October 15th, Southeast Asian foreign ministers met for an emergency meeting on potentially barring junta-military chief, Senior General Min Aung Hlaing for failing to adhere to commitments made to the Association of Southeast Asian Nations (ASEAN) bloc at a summit meeting in Jakarta on 24 April earlier this year. Myanmar civil society organizations have called for the junta to not be invited to the ASEAN Summit on 25 to 28 October because of the regime’s proven unwillingness to cooperate with domestic, regional and international accountability mechanisms intended to curb and end the indiscriminate violence which Myanmar is engulfed in.

To ASEAN’s credit, at the meeting, member countries decided not to invite the military junta, and opted to instead invite a ‘non-political representative’ from Myanmar. The decision emerged to ‘uphold ASEAN’s credibility,’ despite longstanding criticisms that ASEAN’s policy of ‘non-interference’ failed to hold the junta accountable. In response, the Myanmar Ministry of Foreign Affairs attempted to defend their commitment to the Five-Point Consensus by outlandishly declaring that they were working to preserve ‘peace and tranquility,’ and ultimately accusing ASEAN of not being flexible or showing understanding to their situation.

Tensions between ASEAN and the junta appear to be growing, especially as the Special Envoy, Erywan Yusof, postponed his trip to Myanmar because he was not allowed to meet with all political parties. He was specifically denied any interaction with National League for Democracy leader, Daw Aung San Suu Kyi who has been detained since the attempted coup. A timeline of ASEAN’s interactions with the junta indicate the hesitation of countries such as the Philippines, Thailand and China to condemn the coup for fear of protecting their own authoritarian interests in their respective states. However, as the months have passed it has become abundantly clear to the bloc that the junta’s lack of will or interest in cooperating through progressive dialogue has amounted to more frustration.

Internally, the Tatmadaw has shown increasing signs of fragmentation. Record numbers of soldiers are defecting. The People’s Soldiers is a new group of defected Myanmar military soldiers who have joined the resistance movement in various forms. This week they issued a statement which said that the Generals committed treason and breached military law by forcing the President of Myanmar to forcibly resign.

CHIN STATE

Civilians in Chin State are living in a state of ongoing panic and fear due to the increased junta presence. The Tatmadaw is exercising all efforts to weaponize their response to the Chinland Defense Forces and local armed resistance groups. As reported by the Assistance Association for Political Prisoners, on October 11, a 29 year old and 34 year old from Falam Township, Chin State were killed by the junta. On the 13th, their bodies were discovered with bullet wounds to their faces and upper bodies.

In Kanpetlet, residents say that they are living in constant fear: Everything is uncertain and clashes can happen at any time.” Intensified offensives have forced the majority of the town to flee to safety. Religious minorities are also being targeted. Chin rights groups say there have been at least 20 cases of Christian churches, leaders and volunteers being caught in the crossfire of attacks.

KAYAH STATE

In Kayah State, human rights abuses are increasingly rampant. Civilians have been targeted and as a result, their livelihoods are in grave threat amid their desperation for survival. As reported by the Assistance Association for Political Prisoners, two brothers who had been displaced by violence were arrested while returning to their village in Demawso Township, Kayah State to take food. The junta soldiers shot both brothers, Kyaw Hein died and Daw Minit was injured on his head.

Displaced villagers in Hpruso township are in dire need of emergency aid and support. The junta has denied the flow of aid, and life-saving materials such as food, water and medicine.

SHAN STATE

Civil society organizations in Shan State have expressed the vulnerabilities being protracted from ongoing fighting has led to gaps in urgently needed food and medicine for displaced populations. Clashes between the Restoration Council of Shan State and the Ta’ang National Liberation Army have made it nearly impossible for villagers forced to flee to return home. The Tatmadaw is also arresting youths and targeting them for alleged ties to detonations on military businesses, including Mytel communication towers. According to reports, the junta has been shooting indiscriminately at people on the street, which has only contributed to growing fears throughout the state.

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Additional charge against American journalist Danny Fenster related to his work with Myanmar Now, says lawyer

October 18, 2021/in News

Fenster had stopped working with Myanmar Now seven months before the outlet was banned for its coverage of the coup

An additional charge that was laid against detained American journalist Danny Fenster earlier this month is related to his work with Myanmar Now before the military coup in February, according to his lawyer.

Fenster, who has been held in Yangon’s Insein Prison for nearly five months, was initially charged under Section 505a of the Penal Code for allegedly spreading false information with the intent to incite violence.

He faces up to three years in prison if convicted on that charge, which is also related to his work with Myanmar Now.

On October 4, junta authorities added an additional charge under Section 17 (1) of the colonial-era Unlawful Associations Act, which carries a two- to three-year prison term, to the case against him.

Fenster, 37, was working as managing editor of the Yangon-based Frontier Myanmar when he was arrested at Yangon International Airport on May 24 as he was about to board a flight to the US to visit his family.

Before joining Frontier Myanmar, Fenster worked with Myanmar Now as a copy editor from mid-2019 until July 2020.

In a statement released in July, Myanmar Now clarified that his sole assignment was editing English-language news stories and that he had held “no other position in the management of the newsroom nor was he affiliated with any type of non-editorial duties.”

The junta revoked the publishing licenses of five independent news outlets, including Myanmar Now, on March 9. A day before the announcement, junta soldiers raided Myanmar Now’s newsroom in Yangon’s Pabedan Township. No employees were arrested during the raid.

Citing the complaint submitted by the prosecution, Fenster’s lawyer Than Zaw Aung told Myanmar Now the American journalist is being prosecuted for the outlet’s continued reporting on the country since its license was revoked.

The complaint states that since it was banned, Myanmar Now has continued to report on the activities of opposition organizations that the junta has declared illegal, including the underground National Unity Government and the ousted lawmakers’ Committee Representing Pyidaungsu Hluttaw, on social media platforms, the lawyer said.

“The complaint says that the news outlet’s reporting encourages the activities of those organizations and states that those in charge at Myanmar Now should be prosecuted. Danny’s name is included in that, and he was charged as part of Myanmar Now,” said Than Zaw Aung.

At Friday’s court hearing—the 15th since his arrest—both the defence and the prosecution submitted arguments to the court on whether to allow Fenster to be released on bail in his case under the 505a charge. A ruling is expected at the next court hearing, which is scheduled for October 27, his lawyer said.

While the US State Department has requested that the junta release Fenster, military council spokesperson Maj-Gen Zaw Min Tun claimed at a September 30 press conference that he was “being held because he needed to be.”

Thomas Kean, Frontier Myanmar’s editor-in-chief, told AP on Friday that the arrest and charges against Fenster in relation to his work with Myanmar Now were “disappointing.”

“It is disappointing that the prosecution is still alleging that Danny was working for Myanmar Now in March 2021, when in reality he had resigned seven months earlier to join Frontier,” Kean told AP.

The military council has arrested around 100 journalists since the February 1 coup. While some have since been released, more than 50 are still imprisoned, according to local advocacy groups for press freedom.

Most are facing charges under Section 505a of the Penal Code for allegedly “publishing or circulating comments that cause fear, spread false news, or incite government employees to commit crimes.”

Myanmar Now News

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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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