Bakery owner charged after angry crowd demands release of child labourers

A riot outside a bakery where children were allegedly being abused by their employer left at least a dozen police officers injured

Published on Nov 26, 2020
Policemen seen at the factory on the morning after the November 20 riot (Sai Zaw/Myanmar Now)
Policemen seen at the factory on the morning after the November 20 riot (Sai Zaw/Myanmar Now)

The owner of an industrial bakery in Yangon’s Dagon Seikkan township is facing multiple charges after hundreds of people gathered last Friday to demand that the business release its underage workers.

Aung Kyaw Min, the bakery’s owner, has been charged with violating the rights of children, police said. He is also accused of operating without a license. 

The move followed two nights of angry protests outside the factory where the children, including one who was just eight years old, were allegedly being held against their will.

The episode began on the evening of November 19, two days after 19-year-old factory employee Kyaw Lin Tun escaped with the help of a local betel seller.

 

 

“We were sleeping. When we heard the sound of knocking, we went outside and saw the kid just sitting there,” said Aung Myo Thu 

He later returned to demand the release of two siblings who were also working at the factory. When the owner refused, a crowd began to gather, according to local residents.

 

 

The next night, hundreds more joined the crowd, which started to riot after police tried to disperse them by firing rubber bullets. 

A number of cars were destroyed and at least a dozen police officers were reported injured, including six who needed to be taken to the hospital.


 

The betel vendor’s story

Aung Myo Thu, who sells betel in front of the factory, said that he heard knocking on his door on the night of November 17.

“We were sleeping. When we heard the sound of knocking, we went outside and saw the kid just sitting there. He was empty-handed, but his left cheek was a bit swollen,” he said.

Two days later, Kyaw Lin Tun went to the Dagon Seikkan township police station to file charges against the owner of the factory for verbal and physical abuse.

By this time, he had been joined by two other employees of the factory named Ka Yin and San Shay, said Aung Myo Thu.

After going to the police station, the three child workers returned to the factory to seek the release of their five siblings. Several police officers and the ward administrator also went to the factory that evening, but the owner still refused to let the siblings leave. It was at this point that people started to gather.

“Some people were yelling that they were killing the children and putting them in freezers and making buns out of them,” said Dagon Seikkan Ward 87 administrator Soe Win 

At around 10pm, the crowd started shouting as the factory owner tried to get the workers out in trucks. It was only then that the five siblings were allowed to leave, said Aung Myo Thu.

After that, the crowd continued to demand the release of all of the factory’s underage workers. Finally, 10 more workers were allowed to leave.

The police chief’s report 

Major Kyaw Swar, who heads the Dagon Seikkan township police station, said that a total of 18 children who had been employed at the factory were now in the station’s care. The youngest, he said, is just eight years old.

According to Kyaw Swar, police charged the factory owner, Aung Kyaw Min, with using obscene language and deliberately causing bodily harm on November 20 after Kyaw Lin Tun accused him of verbally and physically abusing him for not cutting onions fast enough.

Asked about the condition of the 18 children being kept at the police station, he said that they appeared to be in good health. He added that the children treated their employers as if they were their parents. 

The police did not make the children available to the media for questions.

Police later explained to the crowd that had gathered outside the factory that Aung Kyaw Min had been questioned at the police station about claims that he was torturing the workers and holding them against their will.

Hla Htay, the mother of three girls who have worked at the factory for the past six months, told Myanmar Now that her daughters were not allowed to come down to speak to her.

Despite efforts to placate the crowd, however, tensions came to a head again on November 20 amid rumours that children were still being held at the factory in an underground bunker.

“Some people were yelling that they were killing the children and putting them in freezers and making buns out of them,” Soe Win, the Dagon Seikkan Ward 87 administrator, told Myanmar Now.

A woman representing the crowd was allowed to enter the factory compound with police. She later addressed the others with a loudspeaker, urging them to disperse. 

Later that night, however, some returned to try to enter the factory, leading to a confrontation with police on security duty.

Tales of abuse

Aung Myo Thu, the betel vendor, told Myanmar Now that abusive behaviour was not uncommon at the factory.

He said he once saw a worker getting slapped, and on another occasion heard a girl being beaten after she was caught trying to run away.

Others in the neighbourhood have reported similar incidents. 

Si Thu Aung, the owner of a local construction supply store, recalled seeing a woman being chased as she tried to make her escape. He said she was caught and carried back by some men from the factory.

He added, however, that he had no direct contact with the factory employees and was unaware until now that it used child labour.


 

Even the parents of the children employed at the factory claimed to have very little knowledge of their working conditions.

Hla Htay, the mother of three girls who have worked at the factory for the past six months, told Myanmar Now that her daughters were not allowed to come down to speak to her.

It was only when they appeared on the balcony of an upper storey of the factory that they were able to exchange a few words, she said.

She explained that she and her husband had come to Yangon from their native Eain Mae in Ayeyarwady region to seek medical treatment. 

She said that they lived in a room in the factory compound with the permission of the owner and received about 150,000 kyat ($115) a month as payment for their daughter’s labour.

Khin Moh Moh Lwin is Reporter 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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