Can soldiers vote in Myanmar elections without fear?

Myanmar armed forces march during a military parade to mark the country's 67th Union Day ceremony in Sittwe, Rakhine State, western Myanmar, 12 February 2014. (Photo: EPA)
Myanmar armed forces march during a military parade to mark the country's 67th Union Day ceremony in Sittwe, Rakhine State, western Myanmar, 12 February 2014. (Photo: EPA)

At the end of a day’s training in a vast military compound in the suburbs of Yangon, Corporal Khin Maung Than and three of his fellow comrades stepped out of a lush paddy field, their green uniforms coated with mud.

The soldiers had recently arrived in the city from different army regiments across Myanmar for a training course on agricultural techniques.

Asked how they were going to vote in the parliamentary elections on Nov.8 and if they felt they could make a free choice, none of them came up with a clear answer.

“We haven’t been told which party to vote for,” said Khin Maung Than, 52, who has served in the army for 35 years.

 

 

He said he had no idea whether he would be able to vote because he had to leave his national identity card, needed on polling day, back with his regiment. “Maybe I will send the name of the party I want to vote for in a phone message to someone back in my mother regiment,” he said hopefully.

One of his fellow comrades said that the commander of his regiment would probably vote on his behalf. Another besides him grew angry at the questioning, saying he would “explode” if he discussed the topic – politics is taboo in Myanmar’s army, he explained.

 

 

Myanmar has about 400,000 soldiers, many of whom will be casting their ballots in the polling stations set up in military compounds.

Whether these soldiers will be able to freely participate in the elections remains an unanswered question for political parties and election observers.

The quasi-civilian government of President Thein Sein came to power in 2011, ending 49 years of direct military rule.

But ruling Union Solidarity and Development Party (USDP) has several former generals in its top ranks, Thein Sein included, and is widely seen as the military’s proxy party. There is concern among other parties that the huge bloc of military voters will not be able to cast their ballots freely on Nov. 8.

Some election candidates in whose constituencies the military bases exist said they are so sceptical about how the elections will be conducted in the military compounds that they have already discounted the soldiers’ votes.

“I regard the military votes as my minuses because I am suspicious about the voting situation there,” said former Lt. Col Kyaw Zeya, 59, one of very few former military retirees running in the elections for the opposition National League for Democracy (NLD) led by Aung San Suu Kyi.

He said he joined the NLD because he had secretly admired Suu Kyi, the son of independence hero Aung San, for a long time and he believed that the dominance of the military in politics should be reduced.

According to the 2008 constitution, 25 percent of seats in parliament are reserved for military officers, and won’t be contested in the election.

ORDER TO VOTE

In Dagon Township in downtown Yangon where Kyaw Zeya is running for a regional parliamentary seat, there are about 10,000 voters, but 3,000 of them are registered as military service personnel and some others are working in the military hospital.

But he can’t still make sense of the whereabouts of 1,000 of these 3,000 servicemen who are registered as living in residential quarters for army officers in his constituency, which has been empty since 2005 when the former dictator Than Shwe moved government offices to the remote capital Naypyidaw. He wonders whether these voters exist at all.

Moreover, the election commission has also added another 700 policemen recently recruited as an auxiliary special police force for the elections as voters in his constituency.

Since almost of half of all the voters in his constituency are security personnel, Kyaw Zeya does not expect their votes, saying that the military personnel will be voting not of their free will but according to order from their superiors.

“Even if I win, it will be a very close margin,” he said.

As someone who has served in the army for more than three decades before his retirement in 2013, he understands the culture of Myanmar’s army, the country’s biggest institution.

He said orders from above will play a decisive role in how the soldiers and their family members will vote in the Nov. 8 elections.

“If someone in charge tells the military personnel and their families that it is the order of the regiment commander to vote for the green, then everyone will have to vote for the green because that is order,” he said, referring to the USDP, which has a green flag and logo.

He added that those who don’t obey orders run the risk of losing out on opportunities or promotions in the future – as although their vote should be confidential, balloting in closed military compounds, where votes will be counted on site, is unlikely to be secret.

Sai Ye Kyaw Swar, the executive director of the People's Alliance for Credible Elections, shares the concern that the counting of ballots at the same polling stations where they are cast can compromise confidentiality.

“In other countries, you carry the ballots of a polling station to somewhere else to keep secret who most of the voters in that area voted for. But we don’t have that system here yet. We will count the votes at the same polling stations where you vote. So the next government may bear a grudge against a village or an army unit,” he said.

ELECTION INSTRUCTIONS

It is not known whether the army leadership has issued specific orders to its servicemen regarding the elections, but it is sending some very clear signals.

In a speech to hundreds of military officers in Naypyidaw on Oct. 20, Senior General Min Aung Hlaing, the top army chief, said that the military families are to choose candidates “who have an empathy for the army, are able to correctly guard the race and religion and who have no influence from foreign organizations and foreigners.”

Many quickly understood this as a plea to vote for the USDP, a party packed with former army officials, and a rejection of the opposition NLD party, whose leader Suu Kyi had a foreign spouse.

“We have no choice but to vote for the USDP,” said an army official from the Kayin State who asked not to be identified for fear of a punishment.

“We cannot have a preference for a particular party. Under the current circumstances, we will have to vote for the USDP only.”

Saw Maung Toke, a candidate of Kayin People’s Party, said that the army chief’s instruction undermines the individual freedom of military servicemen to vote in the elections.

Although he is running for a lower house seat in Hmawbi Township, home to dozens of military regiments, he is not hopeful about winning the votes of soldiers.

“We have no power to do anything about it. We will have to accept what they do,” he said.

Tin Aye, the chairman of Union Elections Commission, said in a news conference that the commission will give the observers and media access to the polling stations inside the military compounds on Election Day.

Alexander Graf Lambsdorff, the EU's chief election observer in Myanmar, said that he was given assurances of access in a recent meeting with Min Aung Hlaing.

"He agreed that our European Union teams would have access to military installations to observe voting there if there aren't national security considerations that are so serious enough as not to allow that," he said.

Swe Win is the Editor-in-Chief of 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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