NLD supporter’s abduction followed by arrests as Rakhine’s ugly nationalist politics spread south again

NLD members are in hiding and Rakhine nationalists from the ANP have gone off the radar after being released on bail as rivalries turn ugly in Taungup

Published on May 29, 2020
Wai Thaung appears at the Taungup township court on May 11, 2020. (Tin Nyo/ Facebook)
Wai Thaung appears at the Taungup township court on May 11, 2020. (Tin Nyo/ Facebook)

In 2012, 12 Muslim men were dragged off a bus and murdered by a mob while travelling through Taungup in southern Rakhine. It was the start of a bout of sectarian riots that helped plunge the state into the chaos it faces today.

But despite this grim mob killing, the township has since been largely peaceful and stable compared to other parts of Rakhine.

The armed conflict and hostile nationalist politics that have scarred the north - where the Arakan Army (AA) is battling the Myanmar military for greater autonomy - have mostly spared the state’s south.

But events in recent weeks suggest this is changing.

 

 

It started on May 5 when 53-year-old Than Shwe, who worked closely with the NLD and served his village’s Covid-19 prevention committee, was abducted in the early hours of the morning.

A military statement later that afternoon claimed that he had been snatched by “knife-wielding” AA members as he slept in his home in Bu Shwe Maw village.

 

 

Two days after the abduction, the Sittwe-based Development Media Group reported that several NLD members in Taungup had gone into hiding after a group of people posing as police officers tried to arrest them.

“Who else will have to run?” asked former Rakhine municipal affairs minister Min Aung, who lives in Taungup and is an NLD member, in a Facebook post. “They’ve abducted U Than Shwe and he’s just a normal civilian in Bu Shwe Maw. We don’t know if he’s been killed or not.”

Myanmar Now understands that Than Shwe acted as an unofficial right-hand man for Min Aung, who is loathed among supporters of the Arakan National Party (ANP), a Rakhine nationalist group. He was appointed to his senior role in the Rakhine government by the NLD despite the fact the ANP won the majority of votes in the state in the 2015 election, angering ANP supporters.

Parliament stripped him of this title in January 2018 after a group of 17 ANP MPs wrote a letter calling for his impeachment and accusing him of failing to fulfil his official duties.

Though generally less popular in the south, the ANP is the most influential political party in the state, with broad public support in the north and central areas, where the Rakhine language and culture dominate.

In the south, where Burmese is the lingua franca and cultural and economic ties to Myanmar’s ethnically Bamar centre are strong, the ruling NLD wins most elections.

The conflict in northern Rakhine has severely strained relations between the ANP and the NLD. The NLD government, led by the ethnically Bamar Aung San Suu Kyi, has declared its desire to “crush” the AA, which has a great deal of public support, especially among ANP voters.

Arrests signal ugly shift

A few days after Than Shwe’s abduction, the military blocked people from entering or exiting Taungup for a week. They never gave an explanation for the restrictions.

Then, on May 9 and 10, Taungup municipal president Zay Ya Kyaw and his predecessor San Ngwe - two civil servants who support the ANP - were arrested. Police then detained the ANP’s regional vice-chair Wai Thaung on May 11.

All three men were initially charged with posting false information on several nationalist Facebook pages, which they deny, but were later hit with charges under the Counter-Terrorism Law. It is unclear what the terrorism charges relate to.

Than Shwe’s abduction and the arrests of the three ANP men have raised fears that the violent and oppressive political tactics used by each side in the north are spreading south, as Rakhine and Bamar nationalists compete for dominance.

According to their legal assistant Theingi Maung, the plaintiff against Zay Ya Kyaw and San Ngwe is the administrator of the village where Than Shwe was abducted. The plaintiff in the case against the third man, Wai Thaung, has not been disclosed yet, ANP legal aid chair Tin Nyo told Myanmar Now.

Two days after his abduction, a Rakhine nationalist Facebook page accused Than Shwe of working with a local NLD official to incite violence between the ANP and the NLD, as well as the military and the AA.

The page, “National Security Organization - NSO - Taungup Township”, was created on April 4 and has 98 members from 20 local villages.

This is one of the pages the ANP men were accused of posting on when they were arrested.

Last week, all three men were released on bail, and their whereabouts are now unknown.

For Rakhine’s nationalists, the struggle against the NLD in the political sphere is part of the same fight playing out on the battlefield against the military.

When Myanmar Now asked ANP leader Thar Tun Hla in 2019 why the AA decided to take up arms, he said: “Ethnic minorities in Myanmar are denied self-determination, and there’s been no political answer to this so, ever since independence, they’ve chosen armed resistance. We just see it as ethnic rebels trying to regain the rights we’ve all lost with the tools they know how to use.”

Mratt Kyaw Thu is Sub Editor/Senior Writer with Myanmar Now.

Announcement came as court postponed the 82-year-old’s third hearing, meaning his request for bail on health grounds was not considered 

Published on Mar 19, 2021
Win Htein arrives for the opening ceremony of the second session of the Union Peace Conference in 2017 (EPA-EFE)

Detained National League for Democracy party stalwart Win Htein is to be tried by a special tribunal of two judges following an order from the military-controlled Supreme Court, his lawyer said on Friday. 

“It was just one judge before, and now there’s two,” Min Min Soe told Myanmar Now. 

“District judge Ye Lwin will serve as chair, and deputy district judge Soe Naing will be a member of the tribunal,” she added.

Win Htein faces up to a 20-year prison sentence for sedition under section 124a of the Penal Code.

His third hearing, scheduled for Friday, was postponed, with the court citing the internet shutdown as the reason because it made video conferencing impossible, Min Min Soe said.

“The arguments will be presented at the next hearing, we applied for bail but since they’re setting up a tribunal for the lawsuit, that will be discussed at the next hearing as well,” she said.

At the second hearing on March 5, Win Htein requested an independent judgement, a meeting with his lawyer, and bail due to his health issues, but the court said those requests would be heard on March 19.

Win Htein, 82, uses a wheelchair and suffers from breathing problems that means he often requires an oxygen tank. He also suffers from diabetes, high blood pressure, hypothyroidism and benign prostatic hyperplasia. 

Min Min Soe was allowed a brief call with her client on Friday to tell him that his hearing had been postponed until April 2.

Aye Lu, the chair of the Ottara district administration council in Naypyitaw, is the plaintiff in the lawsuit against Win Htein. Ottara district is where the NLD’s temporary headquarters are located. 

Aye Lu filed the charge on February 4 and Win Htein was arrested that evening at his home in Yangon. He has been kept in the Naypyitaw detention center and denied visits from his lawyers. 

He was detained after giving media interviews in the wake of the February 1 coup in which he said military chief Min Aung Hlaing had acted on personal ambition when seizing power. 

On Wednesday the military council announced that it was investigating Aung San Suu Kyi for corruption, on top of other charges announced since her arrest.

Many other NLD leaders, party members and MPs have been arrested or are the subject of warrants.

Kyi Toe, a senior figure in the NLD, was arrested on Thursday night in Hledan, Yangon.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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The country’s military leaders have acted with impunity for decades, but now there is a mechanism to bring them to justice

Published on Mar 19, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

On March 8, U Ko Ko Lay, a 62-year-old teacher, bled to death on a street in the Kachin state capital Myitkyina. He had been shot in the head while protesting the military coup of February 1. That same night, U Zaw Myat Lynn, an official from the National League for Democracy, was taken from his home in Shwepyithar on the outskirts of Yangon and tortured to death. The list keeps growing.

In the more than six weeks since Senior General Min Aung Hlaing seized power, images of soldiers and police officers shooting, beating, and arresting protesters have flooded social media and Myanmar and international news outlets. So far, the regime’s forces have killed well over 200 people (more than half of them in the past week) and seriously injured many more. The junta has also arrested nearly 2,200 people, some of whom, like U Zaw Myat Lynn, have died in custody.

Each day, Myanmar human rights organizations update lists with names, dates, locations, and causes of death. Around 600 police and a handful of soldiers have decided they do not want to be involved in such actions. They have left their posts and even joined the anti-coup movement.

Many soldiers, police officers, and commanding officers are acting with impunity now. But they can face prosecution, not only in Myanmar’s courts but also internationally. Like any country, Myanmar is subject to international law. Because of its history of atrocities, most recently against the Rohingya people, Myanmar is also already subject to special international legal proceedings that apply to the current situation.

The most relevant is the United Nations’ Independent Investigative Mechanism for Myanmar (IIMM). The IIMM was created in 2018 after the Myanmar military’s brutal campaign against the Rohingya people, but it applies to the whole country. Its mission is to investigate “international crimes” from 2011 to the present.

International crimes are generally defined as “widespread and systematic” in nature, involving many victims and locations. These include crimes against humanity, war crimes, and genocide.

In keeping with its mandate, the IIMM is collecting information on the current situation. In a statement released on February 11 (available in Myanmar here), it highlighted the “use of lethal force against peaceful protesters and the detention of political leaders, members of civil society and protesters.”

More recently, on March 17, the IIMM also called on recipients of illegal orders to share this evidence so that those ultimately responsible for these crimes can be held accountable.

"The persons most responsible for the most serious international crimes are usually those in high leadership positions. They are not the ones who physically perpetrate the crimes and often are not even present at the locations where the crimes are committed,” the head of the IIMM, Nicholas Koumjian, says in the statement (available in Myanmar here).

The crimes the IIMM investigates could be tried in Myanmar courts, courts in other countries, or international courts. International crimes are crimes that are so serious that they are considered to be against the international community, and are therefore not limited to courts in one country.

In other words, an international crime committed in Myanmar—for example, widespread and systematic attacks on civilians—can be tried in a court in another country or in an international court.

The Myanmar military is used to getting away with murder. Decades of well-documented killing, rape, and torture of civilians in ethnic minority areas have gone unpunished. No one has ever been tried for the killing of protesters during previous mass uprisings against military rule in 1988 and 2007.

But this time may be different. On March 4, the International Commission of Jurists said in a statement that “the killing of peaceful protesters by Myanmar’s security forces should be independently investigated as possible crimes against humanity.”

The IIMM is already set up and working. It provides a mechanism for just such an investigation. Those doing the shooting should be aware of this.

For further information:

The Independent Investigative Mechanism for Myanmar (IIMM) on Facebook

International Accountability Mechanisms for Myanmar (learning materials in English, Myanmar, and Karen)

Lin Htet is a pen name for a team of Myanmar and international writers

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A resident said armed forces used drones to monitor the crowd before opening fire on them

Published on Mar 19, 2021
Men carry a wounded protester in Aungban, Shan State, on the morning of March 19 (Supplied)

At least eight anti-coup protesters were killed in Aungban, southern Shan State, during an attack by the military junta on demonstrations on Friday morning, according to the Aungban Free Funeral Service Society.

Sixteen military trucks carrying more than 100 policemen and soldiers arrived at the protest site at around 9:00 a.m. and began shooting at protesters. Seven died at the scene, and another protester who had been shot in the neck was taken to Kalaw Hospital and died by 11:00 a.m.

All eight victims were men. 

The body of the man who died at the hospital was sent to his family’s home, but those who were killed at the protest site were taken away by the junta’s armed forces, a representative of the Free Funeral Service Society told Myanmar Now. 

Aungban resident Nay Lynn Tun told Myanmar Now that police and soldiers had destroyed the doors of nearby homes in order to arrest people, and that at least 10 people had been detained. 

“Initially, police arrived at the site. When the crowd surrounded the police, armed soldiers arrived at the site and began firing,” he told Myanmar Now. “In the coming days, if we cannot gather to protest, we will do it in our own residential areas.”

Since March 13, around 300 volunteer night guards have watched over these residential areas to protect locals from the dangers posed by the junta’s nighttime raids. These forces use drone cameras to monitor the activities of the night guards from 3:00 a.m. until 5:00 a.m. every day, Nay Lynn Tun said. 

He added that hours before Friday’s crackdown, military and police had also used drone cameras to monitor the gathering of protesters in Aungban.

Over the last week, at least 11 protesters have been arrested in Aungban. Only three-- the protesters who were minors-- were released.

South of Shan State, in the Kayah State capital of Loikaw, two pro-democracy protesters were also shot with live ammunition by the regime’s armed forces on Friday. One, 46-year-old Kyan Aung, was shot in the lower abdomen and died from his injuries. The other wounded protester was a nurse, according to eyewitnesses. 

According to a March 18 tally by the advocacy group Assistance Association for Political Prisoners, at least 224 people have been killed across the country by junta’s armed forces since the February 1 coup. Thousands more have been arrested. 

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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