USDP By-Election Winner Accused of Bribing Voters With Low Interest Loans

In the months leading up to the November 3 poll, the Union Solidarity and Development Party (USDP) candidate for Seikkan township helped voters to secure micro-loans from an obscure company that has a USDP party official on its board of directors. Phyo Thiha Cho reports.

Published on Nov 20, 2018
Nay Myo Aung, the MP-elect from the Union Solidarity and Development Party. (Credit: Myo Myo/Twitter)
Nay Myo Aung, the MP-elect from the Union Solidarity and Development Party. (Credit: Myo Myo/Twitter)

YANGON - A National League for Democracy (NLD) candidate who lost his bid for a seat during this month’s by-elections has filed a complaint to the police accusing his opponent of bribing voters in a constituency in downtown Yangon.

In the months leading up to the November 3 poll, the Union Solidarity and Development Party (USDP) candidate for Seikkan township helped voters to secure micro-loans from an obscure company that has a USDP party official on its board of directors.  

Myanmar Now revealed last week on its Myanmar language edition that more than 100 residents in the constituency had received loans of up to 60,000 kyat in August and September, with several constituents saying they had not had to make any repayments yet.

If USDP MP-elect Nay Myo Aung is found guilty he faces up to a year in prison. The election result would also be annulled.

 

 

The constituency has some 3,000 residents, around 1,500 of whom were eligible to vote in the by-election. Nay Myo Aung won the seat with 515 votes, only 150 more than the NLD’s Than Htike Aung received.

Several Seikkan constituents told Myanmar Now that USDP candidate Nay Myo Aung personally encouraged them to take out loans with May Htut, a company registered in 2015 and which, according to company registration documents, conducts “all kinds of businesses”.

 

 

Nay Myo Aung told Myanmar Now he had no intention of swaying votes with the loans and was acting “in the public interest”. And constituents made clear that they were not told to vote for the USDP when they received the loans.

The allegation of bribery raises concerns about Myanmar’s ability to hold clean elections just three years after a historic poll that was declared the freest and fairest in decades.

The NLD won 7 of the 13 vacant seats on November 3; the military-backed USDP got three and the rest went to ethnic political parties.

Although it did not alter the balance of power, the result was considered a wake-up call for the NLD, which said it would develop a strategy for each of the seats it lost before the 2020 general election.

‘No repayments yet’

Soe Mya Mya Htwe, who runs a roadside snack shop near a Buddhist ordination hall in Seikkan, said that she applied for a loan with Nay Myo Aung’s help.

After she gave her fingerprints on a form at the USDP’s local party office, she received a booklet from May Htut that explained she would have to make regular repayments.

But, she said, when it came time to pay her first installment, “they told me not to do that yet.”

Another woman, Moe Moe Aye, who sells paratha in front of the USDP office in Seikkan, said she received a loan in August inside that USDP office, where she witnessed others picking up loan application forms.

“Others who give this kind of small loan would require you to repay it on a monthly basis. But in this case, I haven’t paid back the loan or the interest for the past two months,” she told Myanmar Now.

“I am quite thankful to U Nay Myo Aung. Since most of us are government servants, we are usually broke by the middle of the month. This loan provided us with some relief,” said Hla Yin Than, a resident of Seikkan.

“I voted for the NLD in the 2015 elections, but the elected MP never cared for us,” she added.

‘Just asked for help’

One of May Htut’s directors is Lin Aung Aung, the chairman of the USDP’s party office in Shwepyithar township, on Yangon’s outskirts.

When Myanmar Now visited the company’s office on Hlawgarzay Street in Shwepyithar township last week, Lin Aung Aung said the company had only recently expanded its lending business in Seikkan, where it issued over 100 loans since August.

He added that the expansion was the result of a request by Nay Myo Aung’s campaign manager, Toe Toe Lwin.

She approached Lin Aung Aung a few months before the by-election and said she would act as the guarantor for any borrowers who signed up in Seikkan, he said. “They just asked me to help, that’s how it came about.”

Toe Toe Lwin denied any involvement in the scheme. She had heard that a company was offering loans recently but it had “no relation” to her, she told Myanmar Now.  

Toe Toe Lwin and Lin Aung Aung are both named as alleged accomplices in the complaint submitted to police on Sunday.

Than Htike Aung’s campaign manager, Ye Min Hein, filed the case under Article 58a of the State and Regional Electoral Law, which forbids candidates from giving food, money or job opportunities in exchange for votes and carries a maximum sentence of one year in prison.

‘Public interest’

Nay Myo Aung, the lawmaker-elect in Seikkan, said he played a broker’s role between the May Htut company and the residents in his constituency, but he had no intention of using the loans to sway voters.

“I contacted a number of companies so that people in my area could get this kind of loan, but it finally worked out with May Htut,” he told Myanmar Now.  “I was just a broker acting in the public interest.”

As a former member of parliament for this constituency, he was keenly aware of the financial difficulties people face in the area, he added, and so he introduced the May Htut company to them because it charges a low interest rate on loans.

He also carried out other public interest initiatives during the five months leading up to the elections, he said, such as managing a free medical clinic at the local party office and distributing free school textbooks.

“The loan scheme was not the most important factor,” in his election victory, he added. “I was just thinking of how I can help the public.”

Nandar Hla Myint, a spokesperson for the USDP, said the party was not involved in the loan scheme and suggested it was a personal initiative of Nay Myo Aung.

Ye Min Hein, the NLD candidate’s campaign manager, said he filed the complaint "to ensure free and fair elections that meet democratic standards."
(Editing by Joshua Carroll)

Phyo Thiha Cho 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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