The Tatmadaw Is Poised To Change Genuinely Now: Kachin Reverend

Dr. Hkalam Samson said he held a “friendly” conversation with Tatmadaw chief after the latter dropped a criminal complaint against him

Published on Sep 15, 2019
Commander-in-Chief Senior General Min Aung Hlaing hands a gift to Rev Dr Hkalam Samson after their meeting in Mandalay on September 12 (Photo: Commander-in-Chief's Office)
Commander-in-Chief Senior General Min Aung Hlaing hands a gift to Rev Dr Hkalam Samson after their meeting in Mandalay on September 12 (Photo: Commander-in-Chief's Office)

The Commander-in-Chief Senior General Min Aung Hlaing met with prominent Kachin Reverend Dr. Hkalam Samson in Mandalay last week following his decision to drop a criminal complaint against the latter who thanked US President Donald Trump for imposing travel restrictions on top Myanmar generals.

Dr. Hkalam Samson, leader of the Kachin Baptist Convention (KBC), faced possible arrest and jail time for his comments at the Oval Office last month during a televised meeting between Trump and survivors of religious persecution.But the plaintiff, Lieutenant-Colonel Than Htike, withdrew the case last week after the US State Department expressed concern. Myanmar Now spoke to Rev. Hkalam Samson by telephone about the two-hour meeting between the prominent Christian leader and the military chief.

Myanmar Now: What did Senior General say regarding your meeting with President Trump?

Samson: He said he was following my meeting with Trump. That’s why he instructed to open a case at a court. But finally, he decided to drop the case.He said his decision had nothing to do with any international pressure. It was of his own volition. He decided to do so because he understands that trying to prosecute me [for what I said to Trump] was not a good idea.

 

 

But I explained to Senior General that when I was still in the US, the Vice President’s Office offered to grant me political asylum because they said they were concerned about my safety after my return trip to Myanmar, but I refused to apply for asylum because I love my country and I must go back there. I didn’t intend to stay there for long, or to seek any asylum. What I said [to Trump] was not based on hatred [against the Tatmadaw] but on a goodwill for improvement. Even if I’d have to face a trial, I would be willing to. That is what I explained to him at length.

Myanmar Now: What is your impression on meeting with him? Was it an open, friendly talk?

 

 

Samson: We discussed in a very friendly way. Ours was a transparent exchange of hearts; there were no pretenses. I said we need to end the civil war as quickly as possible since it has been running for a very long time. Mainly, the Tatmadaw should be more tolerant and show more restraints. I also pointed out the need for compromise on both sides.

Myanmar Now: Did Senior General send any message to the US and the West through your conversation?

Samson: He didn’t mention any particular message but I told him that the international community and Christian organisations around the world welcomed his move, and that it is a positive sign that the Tatmadaw has finally taken a step of change.

Myanmar Now: What did you two discuss about religious freedom in Myanmar?

Samson: He said he did not have any discrimination based on religion. But I explained to him that there may be different definitions of religious freedom. There were cases of forced grabbing of land owned by [non-Buddhist] religious institutions during the past governments. I don’t mean those cases were perpetrated by the Tatmadaw but they have been happening since the political takeover of the [military] in 1962. What I talked to Trump had to do with such past incidents, I explained to Senior General.

The Commander-in-Chief responded that he noticed incidents of churches being damaged during armed clashes but said he would take strong action if these were deliberate acts by his soldiers.

Myanmar Now: Did you talk about the issue of the IDPs?

Samson: Yes, it was the main topic. I told him that to us, the Kachin, successful repatriation of those in the IDP camps was key to achieve the Senior General’s 2020 peace dream. In order for it to happen, holistic repatriation programs through a bilateral ceasefire agreement would be more effective than selectively allowing people in this and that camp to return home.

Myanmar Now: What plans does the military have for the IDPs to return home? What did you hear?

Samson: He said he wants to see the IDP camps close sooner than later. However, there are many things to do regarding the demobilisation of the troops, which is up to the Tatmadaw. I told him that with the world having acknowledged the big step taken by dropping my court case, the Tatmadaw as the big brother should show more tolerance towards other ethnic armed groups.

I expect good results will come out of the September-17 meeting in Kyaington because the agenda includes ‘demobilisation’. (Government and Tatmadaw delegates will meet with their counterparts from the Kachin, Rakhine, Ta’ang and Kokang armed groups for a ceasefire agreement in Kyaington, eastern Shan State, on September 17.)

Myanmar Now: What did Senior General Min Aung Hlaing say about conditions for peace?

Samson: He reaffirmed the six principles the Tatmadaw upholds but said he is flexible and doors are open for negotiations. He didn’t present any peace plans but I think once the IDPs can return home, it will be another step closer to peace and solving ethnic problems.

Myanmar Now: What is your impression on the military chief based on the conversation with him?

Samson: I reckon that the Tatmadaw is poised to change genuinely now. I can sense that Senior General talked about peace willingly and honestly. Actually, peace cannot be achieved if all the sides only try to prioritise their own demands. All sides must negotiate and compromise. As for us, Kachins, the KIA (Kachin Independence Army) needs to show flexibility when it comes to negotiating the terms. The same goes for other ethnic armed groups. The Tatmadaw, however, should show more flexibility since they are the eldest brother. If they all can do so, our country’s peace dream is very near to come true. But I think both sides are making things difficult by, for instance, delaying in negotiating venues and dates to meet. That is sad.

Myanmar Now: Do you think peace can be achieved by 2020 as promised by Senior General?

Samson: I reassured him that we, the ethnic minorities, do not support the idea of balkanisation. So, if the Senior General and the Tatmadaw are united with the people, and can earn the trust of the people, the 2020 peace goal is nothing impossible.

Myanmar Now: Do you have anything to add?

Samson: Hatred and prejudice are well-rooted in our country. Accusations are made based on stereotyping. Face-to-face dialogues are needed more than ever. In our country, leaders do not know what’s really happening at the bottom. In most cases, those in lower positions do not report ground situations to the top levels as well. What’s more, corruption is also in a critical state – which began during the Revolutionary Council government [the military junta led by Ne Win that overthrew the civilian government in 1962]. If we show compassion, listen to each other with an open heart, and don’t beat around the bush when we discuss, peace is imminent.

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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