Myeik tour companies accused of failing to take responsibility after deadly boat accident

Fallout from tragedy threatens to tarnish emerging tourism industry in the picturesque archipelago

Published on Feb 4, 2019
Photo caption: Ma Yu Mi San and her mother during Bagan trip in December 2017 (Photo by Yu Mi Facebook)
Photo caption: Ma Yu Mi San and her mother during Bagan trip in December 2017 (Photo by Yu Mi Facebook)

The speedboat sliced across a calm, glimmering sea late last month around three hours after leaving the jetty at the emerging tourist destination of Myeik, southeastern Myanmar.  

It was a picture of paradise, complete with an azure sky, that tour operators hope will draw more local and international travellers in the coming years despite recent setbacks for the country’s tourism industry.

But then disaster struck.

Ma Yu Mi San, one of 20 passengers on board, remembers hearing a loud thud just before the boat flipped upside down.  

She was wearing a life vest, and along with most passengers quickly resurfaced after being plunged into the ocean. As she caught her breath, though, she noticed her elderly mother was nowhere to be seen.

Daw Khin Saung Tin had been sitting below deck with another older lady when the vessel flipped, and both women were now trapped beneath the upturned hull.  

A nearby fishing boat came to try to flip the boat upright, but its engine wasn’t big enough. By the time a second boat arrived and helped finish the job, both women had drowned.

The tragedy marks the first time holidaymakers have died in the region since the Myeik islands began opening up to travellers in recent years amid a nationwide tourism boom.  

It is a blow to tour operators in the picturesque archipelago, threatening to erode faith in the industry’s safety standards in a country where maritime disasters are alarmingly common.   

The tourism industry has already taken a hit in Myanmar as some foreign travellers steered clear, put off by violence that erupted in Rakhine state in 2017.

Operators ‘failed to take adequate responsibility’

Police captain Nyut Win of Kyunsu Myoma police station, which has jurisdiction over the region where the accident happened, told Myanmar Now that the boat was travelling above the speed limit when it hit a floating log and capsized.  

The driver was arrested on suspicion of reckless driving, negligently endangering life and causing death by negligence, the latter of which carries a prison term of up to 10 years.

Despite that, said Ma Yu Mi San, the companies that organised her holiday have failed to take adequate responsibility for the accident.

She and her mother each paid 350,000 kyat for a 7-day package with Mingapalar Travel and Tours, a company based in Yangon’s Tamwe township.

Another company based in Myeik, Htoo Htet Shein, arranged the boat that later capsized.

Mingalarpar advised her to discuss compensation with Htoo Htet Shein, she said. Htoo Htet Shein, meanwhile, got in touch shortly after the accident to ask if there was anything the company could do to help.  

“It would have been more appropriate to say ‘This is what we’re going to do’ rather than asking ‘What can we do?’” Ma Yu Mi San told Myanmar Now.

“At the time we were so busy with my mother’s funeral we didn’t have time to think about what we should ask of them. So I didn’t give an answer when they asked,” she added.

She is now negotiating with Htoo Htet Shein regarding compensation for her mother’s death. She also wants the company to apologise to all the passengers involved in the accident, she said.

Another survivor from the accident, 80-year-old Yangon resident U Hla Than, said he has received 750,000 kyat as compensation from Htoo Htet Shein.

But the company did not approach him to offer the money, he added; he had to ask for it.

And it was only after hearing about this payout that other passengers realised they might be entitled to compensation.

U Myat Tun, 63, from Yangon, said he received 650,000 kyat from the company.

“We only knew we could ask for compensation after U Hla Than called the company,” he said.  

He added: “We didn’t lose any money in the water, but my wife and I lost our phones. So I only asked them to compensate me for three phones,” he added.

‘We assumed we’d done enough’

Neither of the sums includes a full refund for the passengers’ multi-day trips, which they cut short after the accident. Mingalarpar has yet to offer them any compensation, they said.

And it is unclear whether 14 of the 19 survivors will receive compensation; five survivors live in Yangon and are in contact with each other about compensation. But they have lost touch with the other passengers, who live elsewhere in the country.  

Myanmar Now was unable to reach any of the passengers from outside Yangon.

Ko Lwin Aung, the owner of Mingalarpar, told Myanmar Now that the tour was cancelled by the passengers and not by the company due to faulty engines.

He added that he drove the family members of the victims and other passengers from Myeik to Yangon without charge.

“We had planned to give them a 50% discount on future tours. But they didn’t say a thing and didn’t contact us. So we assumed we’d done enough,” he said.

Myanmar Now made repeated attempts to reach Htoo Htet Shein by telephone but was unsuccessful.  

While the police have said the boat was going above the speed limit when it crashed, the tour operators, local travel associations and government departments have made no public statement about the cause of the tragedy.

U Thein Myint Swe, chairperson of the Myeik Tourism Entrepreneurs Association, said his organisation has formed a committee in response to the accident aimed at promoting the safety of travellers.

The government suspended Htoo Htet Shein’s tourism business license for a month, he added, because the accident resulted in death.

In July last year, 47 Chinese nationals died in an accident off the coast of the popular Thai tourist destination of Phuket after a speedboat capsized. The incident led to a dip in Chinese tourist numbers and saw authorities scramble to reassure tourists put off by safety concerns.

Myanmar’s ailing tourism industry, which is just a fraction the size of Thailand’s, has so far benefitted from a perception that the country is safe to visit.

But if there are more incidents like the tragedy in Myeik, potential travellers might not keep thinking that way.

“I thought all local and international tourism business owners would take care of their guests and try to give the best service to everyone,” Ma Yu Mi San wrote in a Facebook post earlier this month.

“I believed that. Now I understand I was wrong.”

 

Khin Moh Moh Lwin 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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