For some the nightmare has returned, but for ethnic people the nightmare never stopped

But just as our nightmare did not start with the coup, neither did our struggle.

Published on Mar 13, 2021
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)
Nationwide protests against the coup have been responded with murders, torture and mass arrests by the military regime. (Myanmar Now)

When the military seized power on February 1, arresting elected National League for Democracy (NLD) leaders including State Counsellor Aung San Suu Kyi and President Win Myint, the current nightmare started.  

The people of Myanmar already know what life is like under a military regime: No rule of law. No right to speak or to move freely. A poor education system and a lack of healthcare. Social problems, economic stagnation, and a loss of livelihoods. No human rights.

But for ethnic nationalities there is also an added dimension: fear.

While the media focus has largely been on the protests against the coup in Myanmar’s major cities, there has been little attention paid to the uniquely challenging plight of the country’s ethnic and indigenous peoples, who make up at least 30 percent of the population. There has been little coverage of military operations now occurring in ethnic territories. 

There is no recognition that for us, this nightmare never stopped.

Before the coup, in December 2020, fighting was already escalating between the Myanmar military and the Karen National Union’s (KNU) armed wing, the Karen National Liberation Army (KNLA) in Karen State’s Mutraw District, known as Hpapun in Burmese, and in Ler Doh (Kyaukkyi) Township in Bago Region. 

An estimated 5,000 villagers fled their homes, becoming internally displaced people (IDPs), scattered throughout the forests, forced to survive without schools, medicine or adequate shelter. 

The fighting extended to Kawkareik Township, Karen State, following the coup. The Myanmar military launched mortars into villages and farmland, disrupting people’s lives and livelihoods, giving them no choice but to run and hide in the jungle. They know from experience that if they are caught by Myanmar soldiers, they will be forced to be porters, or even shot and killed. 

An additional 2,000 people were displaced by the post-coup clashes, bringing the total number of IDPs to around 7,000 at the time of writing. Fighting continues still, with people terrorised daily. 

While the 2015 Nationwide Ceasefire Agreement (NCA), signed by a minority of ethnic armed organisations, appeared to initially reduce episodes of armed conflict in southeastern Myanmar, it did not necessarily reduce conflict, nor did it create security or stability for ethnic communities in conflict areas. Following the NCA, clashes and military atrocities actually increased in Kachin, northern Shan, and Rakhine states. 

For this, the NLD consistently provided the military with political cover. 

When the NLD came to power after the 2015 general election, the domination of ethnic people long practised by the military continued in different ways. Pressures to “develop” increased, as we were informed of projects planned for our lands ranging from monocrop plantations to mining ventures to hydropower dams. 

We were not consulted about these plans and we did not give consent. Our customary land laws were ignored, ethnic armed organisations’ land policies disregarded, and our calls for peace and federalism denigrated. Our voices were never listened to. The projects mostly went ahead anyway. 

The NLD continued what the Thein Sein government started in 2012, with the passing of the Farmland Law and the Vacant, Fallow and Virgin Land Management Law. These statutes affirmed that all land in Myanmar was the property of the state, in accordance with the military-drafted 2008 Constitution. Land confiscation by the government and private companies became legalised. Land grabbing and natural resource extraction increased in ethnic areas that were subject to decades of brutal offensives by the military. Legal mechanisms created to deal with complaints were inept and ineffective. 

There was no any political will to address the plight of ethnic people who suffered in the name of the NLD’s vision for “development.” 

 

 

Under the NLD, legal reforms--such as 2018 amendments to the aforementioned laws, and the introduction of a new Forest Law--were used to further cut indigenous people off from their ancestral lands. Our customary lands were categorised as “vacant,” as though we did not exist, and were subsequently handed out to private companies or local officials to control and exploit as they wished. 

Customary land tenure and rights, integral to our survival, have never been protected under Myanmar law. Though the 2016 National Land Use Policy outlined an intent to do so, it was not legally binding. This created tensions between indigenous communities, investors, and the Union government, which, in turn, has led to increased food insecurity, poverty, and political instability. 

The position that ethnic and indigenous people have been in for the last five years--caught between the military’s guns and the NLD’s repressive laws--cannot be described as freedom. 

Seven decades of military domination have left a deep, unmistakable trauma across ethnic communities. The familiar pattern of forced portering, extrajudicial killings, military attacks, arrests of local leaders, and the destruction of property continues, even as scores of courageous people in Myanmar’s urban areas risk their lives to protest the regime. 

There are multiple reports detailing the imprisonment of the NLD’s leadership, and the persecution of party members on the ground. But the constant fear we live with largely continues to go unnoticed and unreported. While some Burmese people are now acknowledging the long-standing suffering of ethnic and indigenous communities, many are still ignorant that this reality exists in their own country. 

We have endured war, authoritarianism, exploitation, chauvinism. But just as our nightmare did not start with the coup, neither did our struggle. Our fight is for national equality, democracy, federalism, self-determination, and the right to live in peace without fear. 

The General Strike Committee of Nationalities (GSCN), a leading voice in the Civil Disobedience Movement, has defined objectives that we should all be able to embrace: release political detainees, abolish the dictatorship, abolish the 2008 Constitution, and build a federal democratic union based on equality and the right to self-determination.

It breaks my heart to see the people of our country gunned down while demonstrating against the military coup. These youth hold no weapons, only hope for a better future. 

It is my hope that the Burmese people will understand why we do not want to go back to living under a system designed by the 2008 Constitution, or under a government controlled by the NLD. At this critical moment, I ask you to stand together with ethnic nationalities in shared compassion, committed to respecting us all as equals.

 

 

 

Esther Wah is an indigenous Karen woman. She works with ethnic communities across Myanmar on their right to protect the land and forests.

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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