Former NLD insider sees poor prospects for peace without a new constitution

Dr. Tin Mar Aung, an ex-aide to Aung San Suu Kyi, discusses her bid for a seat in the Rakhine state parliament and her hopes for an end to conflict in her home state

Phadu Tun Aung

Published on Oct 9, 2020

Dr. Tin Mar Aung is running for a seat in the Rakine state parliament as a member of the Arakan League for Democracy, a party founded by her father (Dr. Tin Mar Aung/Facebook)

Dr. Tin Mar Aung hasn’t always made her troubled home state of Rakhine the focus of her political attention. As assistant to National League for Democracy (NLD) leader Aung San Suu Kyi from 2011 to 2016, she has also had to attend to matters affecting the rest of the country. But in this year’s election, she is running as a candidate for a party that puts Rakhine affairs front and center—the Arakan League for Democracy (ALD).

In her bid to represent Taungup township’s constituency 2 in the Rakhine state parliament, she is up against some stiff competition. The big three—the NLD, the Union Solidarity and Development Party (USDP) and the United Democratic Party (UDP)—are all contesting the southern Rakhine constituency, as are the Arakan National Party (ANP) and an independent candidate. But she’s hoping that her outlook as someone who was once close to Myanmar’s center of power and her commitment to meeting the needs of her state will prove to be a winning combination.

She spoke to Myanmar Now recently about what she hopes to achieve for the people of Rakhine state, and what she thinks the country as a whole will need to do to end its decades of conflict.

Can you tell us why you decided to run in this year’s election?

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I have been working for the development of Rakhine state through the Dr. Saw Mya Aung Foundation, but I’ve found that this hasn’t been quite as effective as it should be. And we’re seeing the Rakhine people suffering in poverty, in an environment that isn’t fair or just for them. So I decided to run to become a state representative so I could work more efficiently within parliament.

And why did you choose to represent the Arakan League for Democracy?

The ALD was founded by my dear father, Dr. Saw Mya Aung, in 1988. I truly believe in the party’s policies and feel that they align with my own personal beliefs.

As a former aide to Aung San Suu Kyi, were you ever personally offered a chance to work in the government or with the NLD in any capacity?

No, this is not something we ever discussed, even once. Since completing my duties, I have not had any affiliation with the NLD.

What do you think of the way the Aung San Suu Kyi-led government has handled issues related to Muslim people in Rakhine state?

This is an extremely intricate subject. I think it’s difficult to solve a problem that has existed for many years.

Hundreds of people have died as a result of the ongoing conflict between the Myanmar military and the Arakan Army. What are your thoughts on this situation?

The people who are suffering these losses are our citizens. This is a loss to our country.

I’m deeply saddened that civilians have died and that families have lost their homes as a result of these conflicts. But I don’t think they will stop as long as there are no negotiations.

How important do you think constitutional reform is to making progress towards peace?

I don’t think there will ever be nationwide peace until we have a just constitution. That’s why I think a better, faster approach would be to adopt a new constitution, rather than just amending the existing 2008 constitution.

After the last election in 2015, the NLD was able to form a government for the first time. How would you assess their performance since then?

Now that they have ruled almost a full five years, we can say that they are still having difficulties dealing with the issues of peace and the rule of law.

Now that you have entered politics, what do you hope to achieve?

I decided to enter politics because I want to work more effectively to promote Rakhine state’s development. I want to work for a better Rakhine. The most important thing is to do your duty as well as you possibly can. If you fail to do so, then you haven’t fulfilled your responsibilities.

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As a former aide to Aung San Suu Kyi, Dr. Tin Mar Aung hopes to bring her experience on the national political stage to her home state of Rakhine. (Reuters)

Under article 261 of the 2008 constitution, the president directly appoints chief ministers to lead the governments of each state and region. Some, however, believe that the state and regional parliaments should be able to choose their own chief ministers. What is your take on this?

As I said before, I think we need to adopt a new constitution instead of reforming the current one. I don’t know if the NLD plans to amend article 261, but I can only hope that they will come up with a better way of doing this, and I think they should lay out their plan on the table for the public to decide.

What have you been doing so far in terms of campaigning?

I believe the only way we can work effectively for the good of the people of Taungup and the people of Rakhine is by making and discussing proposals in parliament. I will prove myself with my actions, so that the voters of Taungup can put their trust in me as their representative. If I am elected, I am determined to work together with other members of parliament to create a better tomorrow in Rakhine, starting from today.

The NLD and the ANP are both very influential in Taungup. What are your thoughts on what is sure to be a tough race?

When I was young and taking part in swimming competitions, I always focused on doing my best right from the starting line, rather than on winning over others. In the same way, I will do my best and contest honestly in this election.

There have been rumors that you have been in negotiations with the NLD since you left your position as personal aide to Aung San Suu Kyi. Is there anything you’d like to say about this?

Everyone is entitled to their own opinions, and everyone is free to believe whatever they want. As I mentioned before, I completed my duty [with the NLD] as promised. After that, I made another promise and worked for more than four years outside of parliament for the development of Rakhine. Now I’m running for a seat in parliament as an ALD candidate because I believe this will be the most effective way for me to continue my work in parliament.

Phadu Tun Aung

Phadu Tun Aung is Reporter with Myanmar Now. He is based in Sittwe, Rakhine State.

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Win Htein to be tried by tribunal of two judges, says his lawyer

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

Myanmar Now

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

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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Op-ed

Seeking justice in the wake of Myanmar’s coup

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

Lin Htet

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

Lin Htet

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At least eight killed in junta’s bloody crackdown in Aungban, Shan State

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

Myanmar Now

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.