Arrest of UDP chair leaves party in disarray ahead of election

Since the UDP chair’s arrest, members have taken down party signboards and complained of not receiving financial support. Now they are waiting for the central executive committee’s instructions.

Published on Oct 3, 2020
A torn UDP signboard taken down from a house in Loikaw, Kayah state. (Kay Zun Nway/Myanmar Now)
A torn UDP signboard taken down from a house in Loikaw, Kayah state. (Kay Zun Nway/Myanmar Now)

The arrest of United Democratic Party (UDP) chairman Kyaw Myint under article 224 of the penal code has left the party in a state of chaos in some regions.

After hearing about the chair’s arrest, a homeowner living in Mingalar neighborhood in Loikaw, Kayah state, removed the party’s signboards and flags from her house on the afternoon of September 30.

“To be quite frank, I want to separate myself from this whole fiasco, because I really don’t know what’s going on. I’ve never seen the chairman, he’s never visited here,” the homeowner told Myanmar Now.

She said the UDP signboards and flags had been put up because the house is part of an estate. She added that she joined the UDP as a member about five months ago, but had informed the party she wanted to resign due to health reasons.

 

 

The UDP office in Loikaw is empty now, with no party members in sight despite the open doors. Another small office near the main office was closed.

In interviews with Myanmar Now, some party members declined to discuss the chair’s arrest. They said that official spokespeople were selected on September 22 and that candidates were forbidden from speaking publicly about the current situation.

 

 

“We were told not to say anything. None of the offices were permitted to say anything. There’s an official letter from above, too,” said Aung Thu Tun, a UDP candidate running in Bawlakhe township, Kayah.

The UDP party headquarters in Chanmyatharzi township, Mandalay, also appeared to be closed.

Zaw Lin Tun, a UDP recruiter in Chanmyatharzi, said it was unclear how Kyaw Myint’s arrest would affect the party’s future, but indicated that it would likely complicate campaign efforts. 

“This affects the candidates. The election is drawing near, and the candidates won’t have an easy time running their campaigns. We don’t have a party chair, so we’re at a loss. We just don’t know now who’s going to take responsibility and lead the party,” he said.

Yaw Zone, a representative from the UDP’s Kachin office, said election candidates were complaining that they had not received financial support from the party since Myanmar Now published an article about the UDP chair’s troubled past on September 22.

He said that 10 UDP candidates in Kachin had yet to receive the 300,000 kyat they had been promised by the party to bolster support in the state.

“There are so many towns that haven’t received the 300,000 kyat. The candidates have been complaining about it to our office. We were told they would get the money. Some got it, but some didn’t,” he said.

The lack of funding has severely hampered the party’s efforts on the ground.   

“We need funds when we’re out in the field. All the recruiters need to come together to run these campaigns. But since we still haven’t received any funding, we’re all just hoping it will come through eventually. It’s quite a problem,” said Yaw Zone.

The party said that it would cover the cost of campaign materials, such as signs and posters, but so far, recruiters have had to bear all of these expenses on their own, he added.

“I don’t know how the headquarters is going to handle this, but we’re all waiting for the funds. People keep coming to complain that they haven’t received any funding during this crucial phase of the campaign. But there’s nothing we can do about it, because we don’t have any money to give them, either,” he said.

The uncertainty surrounding the party’s fate in the wake of its chair’s arrest on Tuesday has already cost it one of its most prominent candidates. Gannes Basnez, a Kachin lawyer running in Waingmaw township, was recently relieved of his responsibilities by the party after calling for detailed background information on Kyaw Myint. 

Htay Hlaing, the UDP representative for Naypyitaw and Mandalay, said he was aware of the chair’s arrest, but said the party had not been given any instructions. He added that an emergency central executive committee meeting would be held soon.

He said he went to Yangon to apply to join the party after seeing a newspaper advertisement by the Myanmar Kyaw Investment company offering to support anyone willing to do good for their region.

Thingangyun UDP recruiter Kyaw Zeya, who is also a member of a comedy troupe known by his stage name Kyal Thee, said the party had not released a statement regarding the chair’s arrest.

“I joined because I thought it would be good for the country. We have to look out for the public. I’ll never stand for something that the people or the country don’t need. That’s the truth. If something is good for the country, I’ll give my services. If not, I won’t,” he said.

UDP candidate Than Toe Aung, contesting in Rakhine state’s Maungdaw constituency 2, said he regarded Kyaw Myint’s arrest as a political maneuver designed to sideline the UDP’s challenge to the ruling party.

“I just assume this is a common case of a personal attack during an election period,” he said.

He added that he joined the UDP because of Kyaw Myint’s assurances that the party would raise citizens’ incomes and lift the country’s economy to a level higher than that of Singapore. The UDP chair insisted that if his efforts failed, supporters could burn the party’s signboards and throw him in prison.

The UDP, also known as the Rose Party, was officially registered as party #16 by the Union Election Commission ahead of the 2010 election, which ushered in an era of quasi-civilian rule after decades of military rule. It failed to win any seats in parliament during that election or when it ran again in 2015.

Despite its poor showing in the past, however, the UDP has fielded more than 1,000 candidates in this year’s election. Only the ruling National League for Democracy is contesting more constituencies.

Over the past decade, the UDP has systematically built up its support around the country. According to Joint Secretary Thike Tun, the party has six million members and operates all the way down to the ward and village tract level. 

Critics have accused the party of buying its support, with some recruiters saying that they have been paid 100,000 kyat.

Thike Tun rejected this charge, but according to retired major Zaw Win Htet, who was a personal officer for Kyaw Myint from 2016 until 2018, the UDP chair spent about 100,000,000 kyat a month on the party’s expenses, including payment of between 100,000 and 200,000 a month for recruiters.

This money came directly from the Myanmar Kyaw company, and not from the party’s coffers, Zaw Win Htet said.

Contributors - Chan Thar, Sandar Nyan, Kay Zun Nway, Zaw Ye Thway, Thant Myat Khaing, Yan Moe Naing, Naing Lin Aung

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

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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