MP Quits Charter Amendment Panel Over NLD ‘Bullying’

‘If we continue like this we will lose face with ethnic people,’ Sein Win says

Published on Sep 4, 2019
Sein Win discussing in the parliament (Photo - Sein Win Facebook)
Sein Win discussing in the parliament (Photo - Sein Win Facebook)

Three members of an NLD-led panel to amend Myanmar’s military-drafted constitution have quit in response to the way the ruling party is handling the process.

The parliamentary committee, which until this week had 45 members, has submitted a report with more than 3,700 suggestions for changes to the controversial charter, which entrenches the military’s role in politics.

But some feel the NLD, which has the most MPs on the committee, is ignoring the wishes of ethnic parties who would like to see swifter action to remove the military from politics and establish a federal system.

Myanmar Now sat down in Nay Pyi Taw with Sein Win, one of the MPs who quit the panel on Monday. Sein Win is a former NLD member who left the party to form the National United Democratic Party two years ago.

 

 

Myanmar Now: Why did you quit the joint committee?

They held a meeting on 29 August to select a bill out of the compilation of the draft bills. I asked them to use the secret ballot system instead of a show of hands to vote on the bill. I told them it was the only way for the 45 members to vote freely and that it would be the best for the country. I requested this twice. Two or three members from the ethnic parties agreed with my request, but they rejected it in the end with a load of excuses.

 

 

After the joint committee’s meeting, when we started drafting the bill, I noticed only proposals by that one big party [the NLD] were passed. None of the proposals by the ethnic people from the smaller parties were approved. If we continue like this, all the amendments in the constitution will be done by one party only, we will lose face with the ethnic people. I see it as bullying, and I quit because I don’t want to be part of it. I don’t want to go down in history as one of those responsible for the mistakes and weaknesses of constitutional amendment.

How did committee officials respond when you requested a change to the voting system?

They said the joint committee members were selected by the parties and we used the show-of-hands voting system because party members must follow their party’s directions. They explained to me that they must comply with the party’s policy. It was very sad.

When you say party, do you mean the NLD?

Yes.

A show-of-hands voting system won’t allow NLD members, the majority in the committee, to vote freely, but the secret ballot system would allow them to do so...

That’s right. They would have a chance to vote freely and choose the truth.

What did the committee officials say when you submitted your resignation letter?

The committee officials haven’t said a thing regarding my resignation.

Which decisions from the first joint committee meeting do you disagree with?

For example, there is a section in chapter 1 that enables the defence services “to be able to participate in the national political leadership role of the State.” The ethnic parties, including me, want to abolish this section. But the NLD, the big party, wrote that the defence services can still participate in political matters. This is not following the original aim of establishing a federal union system.

What was the Tatmadaw’s contribution to the constitutional amendment meetings?

The Tatmadaw just observed. They did nothing unusual. They didn’t vote. They just listened and gave casual suggestions. They didn’t participate actively, they just observed as if they were trying to decipher the others.

How about the USDP representatives?

They acted the same way.

And the ethnic parties?

All ethnic people are affected by the constitution but only 14 members of the joint committee are ethnic people. So they have only 14 votes and they don’t agree with each other. The Mons want to amend this way, the Rakhines want another way, and the Shans don’t agree with either of them. I can’t bear to watch them. It’s a waste of time with no benefit. The amendments will happen under the big party’s direction, with or without me. I decided to just quit because it would be the same outcome with or without me.

How likely do you think it is that the constitution will be amended, given that the military can veto changes under chapter 12?

The draft bill will reach the union parliament for sure. But the bill won’t fulfil the constitutional amendment committee’s goals as it will have weaknesses, mainly on the matter of the federal union system that ethnic people desire.

Some think that amendments will never happen because of chapter 12. But I think the NLD are trying to amend the constitution because they have the ability to overcome chapter 12. I can’t say for sure how they plan to overcome it though.

So the NLD party can make it happen one way or another even if they can’t amend everything they want to?

I mean we can have a new constitution if the defence services stay in the middle like they are now and cooperate with the union parliament. But the new constitution might include some sections favoured by the military and might not be up to standard.

You said previously that the military will only agree to change the wording in some political and military sections.

Yes. Like I said before, the ethnic people want the military out of politics. They want to abolish the section. But the NLD-led joint committee didn’t abolish it. I don’t want to blame them anymore. If they want to negotiate with the military due to the current situation, it is fine by me. The NLD is the ruling party. But it is necessary to consider some proposals by the ethnic people. If the committee continues to opt for the show-of-hands voting system, the ethnic people won’t be able to amend a thing. 

Do you mean the NLD aims to amend only the sections that the military might support?

You can say that. I think so too. We have only finished chapter 1. It will be clearer after other chapters are finished.

You became an MP representing the NLD and then you quit the party. Now you have resigned from the joint committee. There is some criticism that you quit the committee just to put the NLD in a difficult position. 

I work for the people, the country and the truth. I want them to follow these objectives, but what they’re doing is totally different from these objectives. I can’t just sit still at the joint committee meetings, I will talk. Then I might become an obstacle for the NLD. I quit because I don’t want to be on the same boat with them. No black hand was behind me when I founded the National United Democratic Party after I quit the NLD. I used my meagre savings to found the party so that I can help poor farmers as I am an agriculturist myself. I have faced many difficulties.

Nyan Hlaing Lin is Senior 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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