Voting to go ahead in all of Hlaingbwe for the first time

The Karen National Union, which has its headquarters in the township, won’t be taking part in the election, however  

Published on Nov 7, 2020
KNDP members campaign in villages in Hlaingbwe township in September. (Nan Aye Mya Marlar/Facebook)
KNDP members campaign in villages in Hlaingbwe township in September. (Nan Aye Mya Marlar/Facebook)

This coming Sunday, 29-year-old Saw Kae Doh will finally get to vote for the first time in his life. His home village of Law Kaw, some 48km from the town of Hlaingbwe in Karen state’s Hpa-an district, was forced to sit out the last two elections, in 2010 and 2015, due to security concerns. 

No election has been held in the eight village tracts of Law Kaw, Win Saw, Mi Kyaung, Tar Lal, Tha Moh, Yin Bine, Yay Ta Khon and Mae Lay Yar over the past decade because of the risk of armed conflict.

This resulted in a lack of representation in the halls of power, which in turn hindered regional development, according to Saw Kae Doh.

“I believe our feelings, needs, difficulties and voices will now be able to reach parliament,” he said.

 

 

The Law Kaw village tract will have more than 16,000 first-time voters like Saw Kae Doh in this year’s election. After being left out of the political transition that began a decade ago, they will finally have a say in who represents them in parliament.

New mechanisms

 

 

In the 2010 and 2015 elections, voting was restricted in all of Karen state’s seven townships as a result of ongoing instability. That means that in every township, at least some voters were disenfranchised. 

Hlaingbwe, with its 13 wards and 72 village tracts, has a population of more than 280,000 people, including 230,000 who are eligible to vote. Many, however, were unable to cast their ballots in the past two elections because of the uncertain situation on the ground. 

It was only after the Karen National Union (KNU), which is headquartered in the township at Lay Wah camp, signed the Nationwide Ceasefire Agreement (NCA) in 2015 that this began to change.

But even after the KNU, the Democratic Karen Buddhist Army (DKBA), and the Karen National Union/ Karen National Liberation Army Peace Council (KNU/KNLAPC) all signed the NCA, there was still no mechanism in place to ensure that everybody in the state would be able to vote.

Saw Thein Kyi, the chair of the Hpa-an district election sub-commission, said that efforts to coordinate with the armed groups proved too difficult.  

“We did our best,” he said, adding that after the NCA was signed, regional administrators were appointed and election sub-commissions were formed to make voter lists.

Over time, the government has established means of increasing the number of areas where people can vote, according to the KNU general secretary, Padoh Saw Ta Doh Moo.

“In some places, the government is expanding their control and setting up their administration. It now seems possible to do more in these areas under the ceasefire agreement,” he told Myanmar Now.

But even as more people in the township join the voter rolls, the KNU said that it had no interest in joining their ranks. 

“There’s no reason for us to vote. Only a few of us even have our crumpled old ID cards. We’re not at the stage yet where the government wants us to vote. And, of course, we can’t accept voting under the terms of the 2008 constitution,” said Padoh Saw Ta Doh Moo.

He added that the government also hasn’t reached out to the KNU for help with security during the election.

“We weren’t informed of anything. They’re doing what they have to do, and there’s no reason for us to disrupt that,” he said.

But even as the KNU stays out of the election, people living in areas under its control will be able to vote, according to

Karen state election sub-commission chair Kyaw Win Maung.

“Villages controlled by the KNU are included. There are some villages that are allowed to have polling stations. If it isn’t allowed, polling stations are opened in nearby villages,” he said.

Saw Thein Kyi, the Hpa-an election sub-commission chair, said that preparations for the election, including security measures, are proceeding smoothly.

“Everything is being done in accordance with UEC guidelines,” he said, referring to the Union Election Commission’s safety regulations.

According to Captain Naing Maung Zaw of the Karen State Border Guard Force, security plans were drawn up based on instructions from the Myanmar military. 

“Armed groups cannot be within 500 yards of the polling station. This is the policy. The military has set up some places and we’re cooperating with them to provide security,” he said.

Mixed messages

Before October 16, when the UEC announced which parts of the country would not be able to hold elections, opinions about the security situation in Hlaingbwe were decidedly mixed.

Saw Chit Khin, the sitting speaker of the Karen state parliament, sent a letter to the UEC on October 12 urging it to remove seven village tracts in Amyotha Hluttaw constituency 9 and Hlaingbwe constituency 2 from the constituency lists.

Citing campaign constraints such as poor travel conditions and Covid-19 restrictions, as well as safety concerns related to the presence of armed groups, he called on the UEC to suspend voting in the designated areas.

Two days later, however, he revoked his request and apologized for his poor choice of words, saying that he should not have spoken of a “lack of safety due to armed groups stationed in the area.” 

“I was just thinking of how to ensure a smooth election for everyone. But some people didn’t like it, and some people misinterpreted it,” he told Myanmar Now.

For their part, candidates expressed surprise at the state parliament speaker’s concerns.

Saw Kyaw Lwin Oo, an independent candidate contesting in Hlaingbwe constituency 2, said he had some questions about the impact of Covid-19 restrictions, but was otherwise unconcerned.

He said he had already been on campaign trips to several of the village tracts mentioned in the letter, and saw nothing to worry about.

“I don’t know why the state parliament speaker would say that it’s unsafe. The armed groups welcome the election. It’s been a long time since we had any kind of conflict like before. There have been no disruptions during the campaign,” he said.

Zaw Nyunt, the chair of the Hlaingbwe township election sub-commission, agreed that Saw Chit Khin’s concerns were overstated. 

“It is true that transportation is difficult, but you can’t just leave a place out for that reason. It’s their right to vote,” he told Myanmar Now.

Ruling party vs. regional Karen party

A total of 16 candidates will contest four seats representing Hlaingbwe in the Pyithu Hluttaw, Amyotha Hluttaw and state parliament in the upcoming election. This includes candidates from the ruling National League for Democracy (NLD), the military-backed Union Solidarity and Development Party (USDP), the Karen National Democratic Party (KNDP), the Union Betterment Party (UBP), and two independents.

In 2010, the Phalon-Sawaw Democratic Party, a Karen party, won in every Hlaingbwe constituency where the election was held. In 2015, the NLD won all four seats.

The KNDP was formed by bringing together three ethnic Karen parties: the Karen Democratic Party, the Karen State Democracy and Development Party, and the United Karen National Democratic Party. It was registered in December 2017.

Currently, there are four Karen parties nationwide: the KNDP and the Phalon-Sawaw Democratic Party in Karen state, and the Karen National Party and the Karen People’s Party, based in Yangon.

On October 15, the fifth anniversary of its signing of the NCA, the KNU released a statement urging the Karen people to vote for Karen parties as part of a strategy to achieve national equality and self-determination.

In Hlaingbwe, the KNDP enjoys solid support, making it the most serious challenger to the NLD’s incumbent candidates.

“We have a lot of supporters. There’s a lot of hope that an ethnic party will win this time around,” said KNDP chair Man Aung Pyae Soe, who is running to represent Hlaingbwe constituency 2 in the state parliament.

First time voters in some village tracts are eager to vote but still lack awareness of the voting system, said Saw Kyaw Lwin Oo, an independent candidate.

In Saw Kae Doh’s village, villagers over the age of 70 are voting for the first time in their lives.

“This is the only time they’ve ever voted. They went in person to cast advance votes, and they were very enthusiastic about it. But of course, they don’t understand the system very well,” said Saw Kae Doh.

But in a township where many have been deprived of an opportunity to participate in the democratic process, this year’s election is likely to be a learning experience for everyone.

Hayman Pyae 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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