The outsiders: who are the NLD’s military-linked leaders?

The NLD may have a supermajority in both houses, but recent appointments are a reminder that the party wants to keep the generals close.

Published on Dec 10, 2018

Since the National League for Democracy (NLD) took power in 2016, the administration has given senior positions to a number of ex-military officers, opposition party members, and other outsiders.

The appointment last month of retired colonel U Min Thu as minister to the Office of the Union Government is the latest sign that Aung San Suu Kyi’s NLD is, in its own way, sticking to its manifesto of pledge of supporting “national reconciliation.” 

Of 50 members in the President U Win Myint’s cabinet, just 11 are from among the ranks of the NLD, while four hail from the military-backed Union Solidarity and Development Party. Another six are directly appointed by the military, as per the constitution, while the rest are non-party affiliated figures, some of whom are alumni of the old military regime.

Here is a list, in order of seniority*, of some of the former foes and outsiders serving in Aung San Suu Kyi’s government. It does not include anyone in the six military-appointed ministerial positions.

 

 

The alleged militiaman: T Khun Myat - Speaker of the Pyithu Hluttaw (Union Rank 5)

 

 

T Khun Myat, an ethnic Kachin from Shan State, was promoted from deputy speaker to speaker of the Pyithu Hluttaw (or lower house) when U Win Myint left the position to become President in March.

The speaker, who is also known as Jeffrey, has been identified by the Shan Herald Agency for News as the alleged leader of a Kutkai-based people’s militia that was involved in the illegal drug trade. He has denied the reports though.

A lawyer by training, T Khun Myat was the lead member of the national convention that drafted the military’s 2008 constitution while serving as Director General for the Attorney General’s Office.

He became a Pyithu Hluttaw lawmaker for the USDP in the 2010 election, winning in Kutkai constituency, and was chair of the Pyithu Hluttaw bill committee. He was considered very close to ex-USDP chair and Aung San Suu Kyi’s most important ally Thura Shwe Mann.

Although he was re-elected as a USDP representative for the same constituency in 2015 and later resigned from the party, he became deputy speaker with NLD support.

The man on the bench: Htun Htun Oo - Union Chief Justice (Union Rank 7)

U Htun Htun Oo has been a captain in Southwestern Regional Military Command and a major in the Office of the Military Advocate General. He served as Myanmar’s deputy chief justice from 2007 to 2011.

He was nominated as Chief Justice by President Thein Sein in February 2011. Although he became the chief justice before the NLD took power, it is notable that an ex-military officer holds the highest judicial position in the country during the NLD’s term.

The 62-year-old will serve for another 8 years until he reaches the mandatory retirement age of 70.

The ex-spin doctor: Thein Swe - Minister of Labour, Immigration and Population (Union Rank 14)

U Thein Swe, another ex-military officer, served as spokesperson for the USDP and was close to former party chair Thura Shwe Mann. He was also the minister of transport during military rule. In 2015 he became the Pyithu Hluttaw representative for Ann Township in Rakhine.

In May, a businessman referred Thein Swe to the Anti-Corruption Commission, alleging that he had collected improper extra charges from Myanmar migrant workers in Thailand to issue ID certificates, Nyang News Media reported. He denied rumours that he was being investigated by the Commission, local 7Day Daily reported in June. An anti-corruption commissioner did not comment on this although another commissioner admitted that Thein Swe’s name was among those referred in the complaint letters President Win Myint had referred to the Commission.

The minister and the monks: Thura Aung Ko - Minister of Religious Affairs and Culture (Union Rank 14)

A former brigadier-general in the Tatmadaw, Thura Aung Ko also used to be a member of the Central Executive Committee of the USDP.

He was the Deputy Minister for Religious Affairs when the military government was in power, and was included in a 2003 list of officials subject to visa bans and asset freezes by the EU.

He won the 2010 election for Kanpetlet constituency in Chin State, and became the chair of parliamentary judicial complaints committee.

During his tenure as an MP, he openly pledged to remove corrupt judges and actively pushed to amend the Peaceful Assembly and Peaceful Procession Law to remove a clause that prohibits protesting without permission.

Like other USDP figures who have been embraced by the NLD, he was close to Shwe Mann, and helped get himself in the NLD’s good books by negotiating to include them in 2012 by-election. Although he lost his seat in the 2015 general elections, the NLD government appointed him as the Minister of Religious Affairs and Culture.

As the man responsible for declaring anti-Muslim Ma Ba Tha unlawful last year, at least nominally, he has drawn the ire of Buddhist nationalists.

But he has also been accused of intolerance himself: last month he appeared to label the Islamic faith as “extreme” during a speech at the funeral ceremony of Myaing Gyi Ngu Sayadaw, a respected ethnic Karen Buddhist monk who had substantial influence over a Karen ethnic armed group as well as over many Karen Buddhists.

The generals’ diplomat: Kyaw Tint Swe - Union Minister of the State Counsellor’s Office (Union Rank 14)

The 73-year-old U Kyaw Tint Swe is not an ex-military official, but he served as a diplomat for many terms under successive military governments.

He joined the Ministry of Foreign Affairs in 1968, and served as Myanmar’s ambassador to Israel, Malaysia, Germany, Thailand and Japan.

From 2001 to 2010, he was the Myanmar’s ambassador to the United Nations, where he defended the military government against accusations of widespread human rights violations.

He was also the vice-chair of the National Human Rights Commission under President Thein Sein’s government, and a member of the Letpadaung Investigation Commission, led by Aung San Suu Kyi, to inquire the controversial Chinese-backed copper mine project in central Myanmar in 2013.

‘Don’t rock the boat’: Thaung Tun - Minister of Investment and Foreign Economic Relations (Union Rank 14)

In the mid-2000s, while Aung San Suu Kyi was still under house arrest, U Thaung Tun warned that she “must not rock the boat” by protesting the junta-led national constitutional convention.

The State Counsellor clearly shares his penchant for putting stability above partisanship; Thaung Tun was recently appointed minister of the newly-established Ministry of Investment and Foreign Economic Relations.

The posting follows roles as National Security Advisor, which he took up in early 2017, and chair of the Myanmar Investment Commission, which he took up in June.

Thaung Tun joined the Ministry of Foreign Affairs in 1972, and served as a diplomat in many countries under the military regime. He made the comment about Aung San Suu Kyi while he was Myanmar’s ambassador to the Philippines in 2006.

The man with wings: Min Thu - Minister of the Office of the Union Government (Union Rank 14)

A trained pilot, U Min Thu retired from his post as a colonel in the Myanmar Air Force in the early 2000s, later flying passenger jets for local airlines.

He has a bachelor’s degree in Science from the Defence Services Academy, and a master’s in defence studies, according to his profile released by the president’s office. He became a member of the USDP after leaving the military.

After being appointed deputy minister of the Office of the President in May 2016, he accompanied the state counsellor to diplomatic functions and on foreign trips. He was promoted to his current position in order to fill the vacancy left by Thaung Tun last month.

Sources close to the minister said Min Thu and his wife, attorney Lwin May Thein, have long had a close relationship with Aung San Suu Kyi.

U Htin Kyaw’s AG: Tun Tun Oo - Union Attorney-General (Union Rank 15)

U Tun Tun Oo, a former major general in the Tatmadaw, was appointed union attorney-general by then President Htin Kyaw in March 2016.

Under Thein Sein’s government, he served as deputy attorney general, and was appointed as chair to draft two of the four controversial race and religion laws.

The graft guy who catches small fish: Aung Kyi - Chair of the Anti-Corruption Commission (no union rank)

Another former Tatmadaw major general, U Aung Kyi served as labour minister during military rule. After the monks-led Saffron Revolution in 2007, he was appointed as a minister without portfolio to help mediate between Senior General Than Shwe and Aung San Suu Kyi.

Although he met with Aung San Suu Kyi nine times while in this role, talks were strained as the Tatmadaw refused to compromise as The Lady protested the 2008 constitution and the 2010 general elections.

U Aung Kyi served as information minister from 2012 to 2014 in President Thein Sein’s cabinet, and has been chair of the Anti-Corruption Commission since November 2017.

Since taking the position, he has taken action against some corrupt low and medium ranked government officials. But he has openly said that the commission could not investigate corrupt military officers due to a clause in the constitution.

The President who never was: Thura Shwe Mann - Chair of the Legal Affairs and Special Cases Assessment Commission (no union rank)

Former general Thura Shwe Mann, arguably Aung San Suu Kyi’s most important military-linked ally, was once the third most senior member of the military government and the right-hand man of Senior General Than Shwe.

He graduated from the Defence Services Academy, Intake 11, and was quickly promoted to top government positions as he commanded a number of victorious battles.

He closely monitored the purge of Intelligence Chief General Khin Nyunt in 2004, and once declared that “no one is above the law.” He was also considered an important official for relations with North Korea during military rule. 

He resigned from his military position before the 2010 election, and won the election as a USDP representative for Zeyarthiri constituency in Nay Pyi Taw. Despite persistent pre-election rumours that he would become the first post-junta era president, Than Shwe chose Thein Sein over him, and he only managed to bag a role as the speaker of the Pyithu Hluttaw.

Following some NLD MPs’ arrival to parliament in 2012, military hardliners appear unimpressed with Shwe Mann’s relationship with Aung San Suu Kyi. And she is believed to regularly take his advice regarding the relations with military.

Many assume his dramatic ouster from the USDP chair position in 2015 was a result of his close relationship with the NLD leader.

Although he has not secured a union rank position under the NLD government, he is still a powerful politician as he was appointed chair of the Legal Affairs and Special Cases Assessment Commission created by the NLD government.

*List compiled according to the union ranks given in the state gazette.

Htet Khaung Linn is a 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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