In Rakhine, those left behind struggle as husbands and sons go missing

The abduction of civilians in Rakhine state has added to the hardships of family members displaced by war

Published on Dec 4, 2020
The wives of the abductees from Tin Ma Gyi village hold a press conference in Sittwe in April (Photo: Myat Tun)
The wives of the abductees from Tin Ma Gyi village hold a press conference in Sittwe in April (Photo: Myat Tun)

Khin Mu San, a 43-year-old resident of Mee Wa, a village in northern Rakhine state’s Kyauktaw township, can barely make ends meet. Every day, she walks to Pe Chaung, another village 13km to the south, to earn a little money delivering goods. 

Her life wasn’t always so hard. Until two years ago, she and her family made a decent living growing paddy on their three acres of land. But then the war in northern Rakhine state began, and Kyauktaw became one of the worst-hit conflict areas. Since then, fighting between the Tatmadaw and the Arakan Army (AA) has deprived her of her former source of income.

But in Khin Mu San’s case, there is another factor adding to her hardship: On November 9, 2019, at the height of the conflict, her husband was arrested on suspicion of belonging to the AA. He hasn’t been heard from since.

Without her husband, her troubles have mounted. When she isn’t climbing over mountains on her way to work, she is dealing with problems at home. Her three sons—the oldest 19 years old and the youngest just three—need their father.

 

 

“Don’t worry about anything, they said. The Tatmadaw told us they would be released,” said Ma Aye Hla, wife of abductee Than Soe 

Kyaw Tin, her 42-year old husband, was abducted by the Tatmadaw while he was fishing in a brook near Mee Wa, a village of more than 1,300 inhabitants located about 16km north of the town of Kyauktaw on the upper part of the Kaladan River. Most of the village’s 325 households depend on farming for their livelihood, but few dare tend to their fields now because of the heavy military presence.

 

 

Armed conflict in the area has claimed many civilian casualties and left many more homeless. As the conflict drags on and hopes dim for those who have gone missing, Khin Mu San and those like her face a bleak future.

According to Oo Htun Win, Kyauktaw’s representative in the Pyithu Hluttaw, 22 men have disappeared from the township in the past year after being taken into Tatmadaw custody. 

Kyaw Tin is the only abductee from Mee Wa, but other villages in the area have also lost residents. Taung Pauk, Pike Thae, and Mala have all reported a missing villager, while eight have disappeared from Tin Ma Thit and another 10 have gone missing from Tin Ma Gyi.  

‘I can’t stand this suffering anymore’

Ma Aye Hla, a mother of three from Tin Ma Thit, has had to care for her family on her own ever since her husband’s arrest on March 13, along with seven others. 

Ma Aye Hla watched as a military column entered the village and took her husband, 34-year-old Than Soe, and his father and brother into custody.

“Don’t worry about anything, they said. The Tatmadaw told us they would be released. I don’t know where they were taken. We were scared away by soldiers who said not to ask what happened to them,” she told Myanmar Now.

She said she went to the state capital Sittwe twice to tell the media about the arrests and to call for the release of the abducted villagers, but to no avail.

“The children are asking about their father. I can’t stand this suffering anymore,” she said. 

“We are staying in an IDP camp, where we have nothing to eat except what we are given. No donors are proving support right now. We fled empty-handed. We didn’t bring any blankets. And my husband is not here. We have a lot of trouble.”

“I want to know where they’re keeping him. I want him to be released. It has been a long time,” said Wun May Oo, wife of abductee Maung Kyi Lin

In Tin Ma Gyi, about 8km from Tin Ma Thit, the situation is even worse. On March 13, the same day Ma Aye Hla’s husband was taken away, Tin Ma Gyi was shelled and at least 10 houses were destroyed by fire. 

Three days later, soldiers arrived in the village and detained about 50 people. Most were later released, but 10 are still missing.

Maung Kyi Lin, 35, was among those who were not released. His wife, Wun May Oo, is now sheltering at an IDP camp in Kyauktaw with her two children. She said that her husband delivered firewood to brickyards and charcoal kilns for a living. 

“We waited two or three days for them to be released,” she said of the remaining prisoners, including her husband.

“Innocent villagers were being arrested, so many ran away in fear. We finally decided to flee, too, because there was no one left in the village. When we arrived in Kyauktaw, we heard that the village was on fire,” she said.

Almost nine months have passed since they took her husband away, she said, but she still has no idea where he is. 

“I want to know where they’re keeping him. I want him to be released. It has been a long time,” she said.

Missing persons

Pyithu Hluttaw MP Oo Htun Win and Amyotha Hluttaw MP Myint Naing said they sent letters reporting the abductions to the Myanmar National Human Rights Commission (MNHRC), the president and the state counselor in April, but have yet to receive a reply. 

“Collaborating with those who love human rights, those who value democracy, and civil rights organizations, we presented the situation at the grassroots level. We also sent documents and some information. But so far, we have not heard anything in particular about these people,” said MP Oo Htun Win. 

Last Thursday, however, MNHRC chair Hla Myint told Myanmar Now that he never received any such letter. He said the only formal complaint he was aware of from Kyauktaw was one made in October concerning two people who were killed and four who were injured.  

“I have only one complaint from Kyauktaw. It was not about 22 residents. It was about four injured and two dead. We sent it to the Department of Defense because it was related to armed conflict,” he said.

At a press conference in Naypyitaw on November 27, military spokesperson Brig-Gen Zaw Min Tun said there was no need to debate whether there were any such disappearances.

“I think he was killed,” said the father of abductee Kyaw Tin

“Most of the people we have arrested are under investigation. There may be arrests and detentions. However, we are acting in accordance with the law,” he said.

“It would be more convenient if we could inform and cooperate with the respective authorities in a legal way once a ceasefire is in place,” he added.

Noting that there has been a cessation of fighting in Rakhine state since the November 8 election, he urged those concerned about the disappearances to report them to the police.

“If there is a suspected disappearance, the police will inform the army if suspicion falls on the Tatmadaw,” he said. “They will also investigate it officially. There is no need to go beyond the law to deal with this matter.”

Kyauktaw is not the only township where the military has detained civilians. According to a list compiled by the Sittwe-based Thazin Legal Aid Group in November, there are more than 90 civilians being held in Rakhine state on suspicion of associating with the AA. There have also been a number of prosecutions by the Tatmadaw.  

Victims of both sides

Meanwhile, the AA has also faced criticism for holding civilians against their will. In one recent high-profile case, on October 24, it abducted three candidates from the ruling National League for Democracy. None of the three have been released.

In neighboring Chin state’s Paletwa township, where the group is also active, more than 200 civilians have been detained by the AA since 2015. At least 21 are still being held. 

In Mee Wa, the father of Tatmadaw abductee Kyaw Tin said he had given up hope that his son was still alive. “I think he was killed,” he told the local village administrator, Maung Kyaw Nyunt, who spoke to Myanmar Now.

But his wife, Khin Mu San, was not yet ready to abandon the effort to learn what had happened to her husband, who she insisted had no involvement with the AA. 

Dead or alive, she said, she wanted to know what the Tatmadaw did to him.

Thant Mrat Khaing is Reporter with Myanmar Now. He is based in Maungdaw, Rakhine State.

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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