Kayah state gears up for post-election political manoeuvres

The NLD’s failure to win an outright majority in the state means that it will have to find a way to work with a local rival  

Published on Dec 9, 2020
The KySDP campaigning in September before the election. (Photo: Kay Zun Nwai / Myanmar Now) 
The KySDP campaigning in September before the election. (Photo: Kay Zun Nwai / Myanmar Now) 

The National League for Democracy (NLD) has won another resounding victory nationwide, but in some parts of the country, its hold on power is not as secure as it was after 2015. 

Notably, in Kayah state, the ruling party will soon find itself forced to work together with a much smaller ethnic party in the state parliament. 

With nine of the state legislature’s 20 seats, the NLD is in a position to choose the chief minister of Myanmar’s smallest and least populous state, but not the speaker of its parliament. For that, it will have to negotiate with the Kayah State Democratic Party (KySDP).

Like the military-backed Union Solidarity and Development Party (USDP), the KySDP picked up three seats in the state parliament in this year’s election. At least 11 votes are needed to choose the speaker and vice-speaker.

 

 

In theory, the USDP could control the legislature with the cooperation of the state’s five military-appointed MPs. To do that, however, it would also need the support of the KySDP.

“We spent a lot of time explaining that. This is one of the reasons we lost this election,” KySDP General Secretary Khu Theh Reh said of the party’s attendance at a meeting with the Tatmadaw commander-in-chief 

 

 

While this scenario is unlikely, it’s clear that that the ethnic Kayah party will not be a pushover as a junior partner, regardless of which major party it aligns itself with. 

There have been many tensions between the NLD and political activists in Kayah state. As the ruling party, the NLD has come under fire for its decision to erect a bronze statue of independence hero General Aung San in the centre of Loikaw, the state capital. The party’s image was further tarnished by a heavy-handed crackdown on protestors, which saw a number of leaders imprisoned for their opposition to what they saw as a symbol of Bamar nationalism.

Another source of resentment has been the government’s efforts to restrict the activities of civil society organizations. This has only served to strengthen the determination of local activists to win control over their own destiny by contesting elections. To this end, two ethnic Kayah parties joined forces to form the KySDP, which won a total of eight seats in last month’s election, including five at the Union level.

A disappointing finish

Despite its success, however, the party was less than thrilled with the outcome of the election. Khu Theh Reh, the general secretary of the KySDP, told Myanmar Now that the party had expected to win 70 percent of the 34 seats that were up for grabs in the state. It won just a third of that target.

According to Khu Theh Reh, one reason for the party’s poor performance was its decision to participate in a meeting that brought 34 political parties together with Senior General Min Aung Hlaing, the Tatmadaw commander-in-chief, before the election. This gave rival parties a good opportunity to strike out, he said.

“We spent a lot of time explaining that. This is one of the reasons we lost this election,” he said of the decision to join the meeting. That decision, the party said in a statement released the day after the meeting, was made solely by the party’s chairman, and did not have the support of the KySDP as a whole.

“I don't like it because it was not an honest contest,” said Thaung Htay, the NLD chair in Kayah state.

Meanwhile, efforts to turn close ties with other parties to their advantage also didn’t pan out as planned. The Kayan National Party (KNP), an ally of the KySDP, failed to pick up a single seat in the state. The NLD won in Demawso township, where the two allied parties made an all-out bid to win together. But even though they lost, they did manage to come out in second place in the vote count, ahead of the USDP.

KNP chair Khun B Htoo attributed this loss largely to what he saw as local people’s lack of understanding of the overall political situation, which made it difficult to explain the importance of federalism. However, he stopped short of blaming the electorate for his party’s failure to win any seats.

“We cannot say that the political knowledge among the public is low. They are in a position to accept the result because it was their decision. Compared to the 2015 election, we have improved a lot. The areas of strong public support have become clear,” he said.

A complicated state

Kayah state may be small in size, but it has a very varied political landscape. Even the ruling NLD, which once again demonstrated the breadth of its appeal by winning another landslide victory, did not win a single seat in three of the state's seven townships.

In this case, the NLD did not hesitate in pointing a finger to explain its electoral disappointments. Thaung Htay, the NLD chair in Kayah state, accused the Karenni Army (the armed wing of the formerly exiled Karenni National Progressive Party, or KNPP) of using intimidation to prevent people voting NLD in Phruso township. He said that armed township-level KNPP officials ordered voters to cast their ballots for the KySDP.

“I don't like it because it was not an honest contest,” he said.

Khu Theh Reh, the KySDP’s general secretary, rejected this accusation, however. “The KNPP supported us as an ethnic party striving to achieve self-government in the state. But we didn’t have a deal with them,” he said, noting that the KNPP backed the NLD in 2015.

He added that the KySDP won in Phruso and Shadaw townships because they’re not as ethnically diverse as other townships in the state. Most of their inhabitants, he said, are ethnic Kayah.

The KNPP—which signed a bilateral, state-level ceasefire agreement in 2012, but remains a non-signatory to the Nationwide Ceasefire Agreement—made no secret of its preferences in the election. 

“At first glance, the letter sounds good, but there is no real substance,” KNP chair Khun B Htoo said of NLD calls to ethnic parties to join its efforts to create a federal union

Speaking to Myanmar Now about a month before the election, Shwe Myo, the KNPP’s secretary general, said that the group would support a state-based party that shared its goal of building a federal democratic union.

“We would consider supporting a national party for the Pyidaungsu Hluttaw, but at the state level, we want a local party. This would be good not only for the state, but also for building a genuine federal union,” he said.

The third party

The military-backed USDP managed to win six seats in total in Kayah state, including three in the state parliament. One of the constituencies it won was Bawlakhe township, home to several military bases. Soe Thein, the former minister of the President's Office, won here again, as he did when he ran as an independent in 2015. 

Sai Lin Lin Oo, the NLD candidate who lost in Bawlakhe, said there were indications that the USDP won for two main reasons: military votes and Soe Thein’s money, which he suggested was used to win the favour of local voters.

Maw Reh, a spokesperson for the USDP in Kayah state, rejected the idea that the party had guaranteed support from the military. He also denied charges that Soe Thein used his own money to buy votes.

Defying expectations, largely rural and underdeveloped Bawlakhe had the highest voter turnout in the state: According to the Union Election Commission, at least 84 percent of its eligible voters cast a ballot.

Now that the dust has settled from the election, another scramble is likely to begin, as the parties each position themselves to maximize their influence and push their respective agendas. 

Four days after the election, the NLD wrote a letter addressed to 48 ethnic parties, offering to work together with them to achieve a democratic federal union. So far, however, the response to the letter has been cautious.

“At first glance, the letter sounds good, but there is no real substance,” said KNP chair Khun B Htoo. Whether the NLD and ethnic parties can succeed in becoming allies after the 2020 election will depend on the ruling party’s actions, he added.

The KySDP’s Khu Theh Reh said that his party would first try to take effective action in the state parliament on its own. Joining the cabinet would be a lower priority, he said. 

He added that the KySDP wants to negotiate with the NLD to choose the speaker or vice-speaker of the state parliament. Having one party in control of the government and another in charge of parliament would be the best way to ensure that effective checks and balances are in place, he said.   

"Our policy is to integrate with the democratic forces. But it is too early to tell. If we can’t avoid joining a group, the only choice is the NLD,” said Khu Theh Reh.

Sandar Nyan 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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