The return of the dreaded knock on the door

The junta’s reintroduction of the “overnight guest registration” system is a direct challenge to efforts to end military rule

 

Published on Feb 26, 2021
 People patrol nearly every corner of every street in Yangon amid fears of unwelcome late-night “visitors”. (Myanmar Now)
People patrol nearly every corner of every street in Yangon amid fears of unwelcome late-night “visitors”. (Myanmar Now)

If you’re over 30 and grew up in Myanmar, you will know about the unwelcome guest who comes knocking late at night.

This “guest” is not some poltergeist or menacing stranger. He is just a local official—but one with the power to turn your house upside down at any hour of the day or night he chooses.

This individual is a vestige of the colonial era who somehow survived long after the British left. For decades under military rule, he was the nocturnal nemesis of Myanmar’s powerless citizens.

Now, five years after he was finally banished, he has returned, like some shadowy figure in a recurring nightmare—a reminder that as long as the army rules, none shall sleep in peace.

 

 

This is what the recent reintroduction of Myanmar’s “overnight guest registration” system means for the country’s people: a throwback to a time, not so long ago, when the mighty generals considered no indignity too petty to inflict upon those who lived under their rule.

Abolished by the elected National League for Democracy (NLD) government, this system has been revived by the State Administrative Council (SAC), the junta formed soon after the military seized power on February 1.

 

 

Once again, officials can now simply turn up at your front door and demand to be allowed in to inspect every inch of your home. For many, it’s a prospect even more terrifying than the threat of violence that grows with each passing day, as protesters take to the streets to oppose the new regime.

A nation of prisoners

In the days when Myanmar’s prisons were overflowing with dissidents, the overnight guest registration system, which was based on a provision in the Ward and Village Tract Administration Law, served to make everyone feel like a prisoner.

Aung Myo Kyaw, a political prisoner who spent 15 years behind bars for his involvement in student-led protests, said that guest registration rules were often used to persecute the families of those serving time for defying the powers that be. He said his own family was regularly subjected to unwarranted searches by officials who claimed to be “checking the registration”.

“When I was in prison, they routinely raided our home to search for things. They even looked under my younger sisters’ mosquito nets. It wasn’t enough to put me in prison—they also had to torment my family, who lived in constant fear of that knock on the door. They suffered a lot,” he said.

Even those who were not designated enemies of the state could find themselves on the wrong side of the system.

Chit Swe, a medical doctor in his 30s who now lives in the United States, recalls the Kafkaesque experience his family went through following their move from Mandalay to Pabedan township in Yangon in the early 2000s.

After they arrived in Yangon, they had to register their new residence at the ward administration office, a process that proved unaccountably difficult. Until they received a household registration certificate, they had to report to the ward office every week or risk fines or the arrest of the head of their household when officials made unexpected late-night visits.

(Predictably, although there was no set payment for temporary registration, the family was invariably asked for a “donation” of 500 or 1,000 kyat every time they went to the ward office.)

“If they came to check and we weren’t registered, my dad would be put in prison. That drunken bastard of a ward administrator would show up at midnight, completely loaded. We’d have to wait with three or four other people who also needed to make registrations,” Dr. Chit Swe recounted.

There was never any warning. The ward administrator would just show up with a flashlight in hand and inform the family that he needed to see if everything was in order.

When that happened, the entire family had to wake up and stand in a line. While his father stood there holding out the registration form, the administrator would thoroughly examine every corner of every room in the house.

When they did have invited guests, they were sure to inform the ward office, lest they run into real trouble with the authorities. But on those occasions, the ward administrator showed far less alacrity when it came time to make the requisite visit to their home.

The greatest difference between life in those days and his current situation in the United States, said Dr. Chit Swe, is fear.

“I don’t want to live in fear—that fear of saying something that could affect you or your family. We don’t need to be afraid of that here. It’s different in Myanmar when you’re living under a military regime,” he said.

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In an apparent attempt to instill the fear in the public resisting against the coup, soldiers recently patrolled in armoured personal vehicles on the streets of Yangon. (Myanmar Now)

A system of abuse

While the guest registration system served primarily as a way to persecute those who opposed the ruling regime or as a mechanism of state oppression, it could also be abused for other purposes.

By refusing to fill out the necessary registration forms, unscrupulous landlords could use it to put pressure on tenants, according to Kyi Myint, a lawyer familiar with the practice.

Sometimes, however, the system was used against landlords to prevent them from renting to “troublemakers”.

“The landlords didn’t dare accept politicians [as tenants] for fear of getting arrested. This is a law that was used to persecute politicians for years. It was adopted to protect the people in power and those with wealth. No other country has this,” said Kyi Myint.

The overnight guest registration system thrived until 2016.

It was not until the NLD came to power that year after half a century of military rule that article 13g of the Ward and Village Tract Administration Law was finally removed by parliament.

But now, five years later, it’s back again because the SAC, led by Senior General Min Aung Hlaing, has decided to reverse not only the results of last year’s election, but also any reforms instituted by the ousted NLD government.

Thirteen days after the coup, the new regime introduced a provision requiring residents to get a permit for overnight guests from the ward administrator. The penalty for failing to obtain a permit is a fine of 10,000 kyat or seven days in jail.

The measure is seen chiefly as a means of rounding up protesters taking part in the movement to restore civilian rule.

Already, hundreds have been arrested, including civil servants who have joined the civil disobedience movement (CDM) against the coup, political activists, journalists, and anyone else deemed a threat to the junta’s hold on power.

While people are in their homes during the 8pm to 4am curfew that was imposed a week after the coup, security forces turn up to “ask a few questions”. Invariably, these encounters end with someone being taken away in the dead of night, if they haven’t already managed to flee.

Several of these arrests have been captured on videos that have gone viral on social media, adding to public outrage over the regime’s actions.

Rather than respond to the opinions of legal experts who say that these arrests violate Myanmar’s laws, the junta simply brought back guest registration rules that enable security forces to carry out late-night raids without warrants.

In response, whole neighbourhoods have banded together to protect those vulnerable to arrest. Armed only with pots and pans that they bang as the authorities come to cart off anti-coup protest leaders, citizens go on patrol each night to ward off the “evil spirits” that once again haunt their homes.

Some, including prominent activist Ei Thinzar Maung, have urged resistance not only to the arrests, but also to the system itself. Others have echoed her calls to oppose the return of the guest registration system.

“This isn’t a law that benefits the public. That’s why it was abolished. Now the military, using their weapons, has brought it back again. But we’re not going to accept it. We won’t be doing any registrations. There’s no need for it, because we’re all citizens,” said Aung Myo Kyaw, who works with the Assistance Association for Political Prisoners in Yangon.

Resistance from within

Myo Min Latt, a 49-year-old ward administrator from Yangon’s Thaketa township, said the guest registration system was supposed to keep residential neighbourhoods safe from intruders. Instead, he said, it is being used to disturb the peace of law-abiding citizens.

“They are using it so they can do whatever they want,” he said of the regime’s reintroduction of the system.

“The people won’t stand for it. We condemn it, this system that allows house raids at any time. I don’t like this system that they can use to bother the public whenever they want,” he added, explaining why he became the first ward administrator to join the CDM.

“I would like to be a good ward administrator appointed by the people, not by the dictatorship.”

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On February 25th night, riot police blocked off a neighbourhood in Tamwe where residents protested the appointment of a new ward administrator. (Myanmar Now) 

In some wards, residents have already been given registration forms to fill out. These forms instruct them to register guests at least four hours before their arrival, and also to report their departure within four hours.

Finally, they must sign their names after the following statement: “I, the homeowner, vow the guests will refrain from any criminal acts or acts in defiance against the government, and will not possess any weapons.”

While many have expressed dismay at the return of this system, however, it remains unclear how many will actually refuse to follow the junta’s orders.

Thazin Myat Myat Win, a lawyer who lives in Thingangyun township in Yangon, said that many of her neighbours have asked her for her advice on the matter.

“They don’t know if they will be arrested if they don’t fill out the registration forms. I told them they don’t have to do anything, because the forms were issued by a military council, not an elected government,” she said.

“They didn’t really respond. They were just scared. So we’ll have to wait and see if they actually go along with the system,” she added.

Nearly a month after the coup, defiance of the new regime remains strong, as hundreds of thousands around the country continue to fill the streets to demand the restoration of civilian rule.

But as time passes and the junta targets more people in their homes, fear may force many into compliance with rules that signal a return to the worst days of the past.

If that happens, the dream of democracy will once again turn into the nightmare of dictatorship, and few will have any peace, even in their sleep.

 

Myanmar Now is an independent news service providing free, accurate and unbiased news to the people of Myanmar in Burmese and English.

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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