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Daw Aung San Suu Kyi’s Mission to The Hague: Defending the Indefensible?

November 23, 2019/in News

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 […]

Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

Letter 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 […]

Daw Aung San Suu Kyi’s Mission to The Hague: Defending the Indefensible?

November 23, 2019/in News

Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

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Daw Aung San Suu Kyi’s Mission to The Hague: Defending the Indefensible?

November 23, 2019/in News

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.

Myanmar State Counselor Daw Aung San Suu Kyi arrives for a plenary session during the 34th ASEAN Summit in Bangkok, Thailand on June 22, 2019. /Reuters

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

Letter from Jail: Members of poetry troupe in Myanmar

November 15, 2019/in News

Letter 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:

We are writing to you from the cells of Insein Prison, the notorious and largest prison in Myanmar. The seven of us were sued by the military and arrested after we performed the Thangyat, a traditional performance criticising the military. We were convicted and sentenced to one year in prison by one court out of six and facing possible 19 years imprisonment.We knew we could face risks and the military had noticed our group for a year and were preparing to take action against us. So instead of just avoiding it, we decided to be more critical in our lyrics when we performed, and action was taken against us. Our senior activists had also been critical of the military and now its our time to do so.

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

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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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