Uwazi

Police have opened a case against four students who were arrested on October 19 after staging a protest against the government and military in the Arakan State capital Sittwe.

“Police have opened a case against them under Section 505(b) of the Penal Code for committing sedition and causing public disturbances,” said lawyer U Kyaw Nyint Maung.

Section 505(b) criminalises statements “likely to cause fear or alarm to the public, or to any section of the public, whereby any person may be induced to commit an offence against the State or against the public tranquility.” It carries with it a maximum sentence of two years in prison.

Police Major Zaw Naing of the Sittwe Township Police filed a complaint against them on Tuesday and a court hearing is scheduled for November 3.

Dozens of people joined Monday’s protest, which was organised by the Arakan Students’ Union.

Prosecuting student protesters is no way to address their grievances, said the chairman of the Sittwe University Students Union, Ko Toe Toe Aung.

“Those who are doing the prosecuting should be aware that people have voiced criticisms because they [the targets of protest] are doing wrong. If they were not doing anything wrong, we wouldn’t need to stage protests and end up in police stations and prisons,” he said.

Two of the four detained students are also facing lawsuits under the Peaceful Assembly and Procession Law for staging a demonstration against alleged human rights violations in Arakan State in early September.

Recently, two students from the All Burma Federation of Student Unions who staged an anti-war protest in Mandalay were each sentenced to a total of five years in prison and have another court hearing scheduled for October 21.

Beginning in September, more than a dozen people have seen charges brought against them under the Peaceful Assembly Law, the Natural Disaster Management Law and the Penal Code for staging demonstrations against armed conflict, human rights abuses and internet restrictions in Arakan State.

DmediaGroup

On September 11, the day after protesters distributed anti-war material in Mandalay, Chan Aye Thar-Zan Township police in Mandalay briefly detained and charged ABFSU member Myo Chit Zaw, 21, and filed charges against 12 others for failing to notify the authorities in advance of the September 10 protest. On September 13, police briefly detained and charged ABFSU Central Executive Committee members Soe Hla Naing and Kyaw Thiha Ye Kyaw on the same charges.

Fortify Rights

A former lawyer from the Arakan State capital Sittwe was charged at the township court under the Telecommunications Law’s Section 66(d), a notorious defamation provision, on October 7.

The accused, U Thar Pwint, said he had shared posts on social media about the deaths of civilians in Arakan State amid ongoing armed conflict in the region.

“I was sued without any reason. If I was sued for sharing posts, the person who put up the post should be the No. 1 accused,” said U Thar Pwint. “Secondly, I was not the only person who shared the post. If there are 20 who shared the post, all these people have to be sued. The reason for me is they don’t like me.”

Major Kyaw Zaw of a local Tatmadaw engineering unit filed the case as plaintiff under Section 66(d) of the Telecommunications Law, which threatens up to three years in prison for anyone “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening to any person by using any Telecommunications Network.”

U Thar Pwint has been released on bail but will face his first court hearing on October 21.

Another Sittwe resident, U Soe Naing, was sued in August under 66(d) for allegedly making comments about the government on social media.

“There are things relating to the government and there are also things not relating to the government. I was not blaming the government but just commenting as a citizen on what they have said and done,” U Soe Naing said.

“Dear war victims, please honour the government for giving us a bar of soap to protect against coronavirus,” reads one of U Soe Naing’s Facebook posts. “We’d like to know whether the [Chief Minister] U Nyi Pu government, which said it has responsibility and accountability, has any plan to resign or not.”

“The government, the Tatmadaw, the leaders must bear political criticisms,” said Ma Thet Su Pyae Eain, a researcher for the freedom of expression advocacy group Athan. “We criticise the filing of lawsuits under such sections. All the cases filed against them should be withdrawn as soon as possible. Only then can we carry on with good democracy.”

In the first four years of the National League for Democracy (NLD) government’s five-year term, cases involving violations of free expression were filed against 1,051 people, according to a July report from Athan.

Charges brought under the Telecommunications Law topped the list.

DMG

The Observatory has been informed by the Myanmar Alliance for Transparency and Accountability (MATA)[1] about the arbitrary detention of Mr. Gei Om, a member of MATA who works actively on environmental protection and conservation in Chin State. Mr. Gei Om is also a member of the Chin Aung Ta Man (a youth organisation of Chin people), the Chin Civil Society Network, and the Man Eain Working Committee (a community-based organisation).

According to the information received, on July 24, 2020, Mr. Gei Om was taken into custody after a local official in Ohn Village Tract sent a letter of complaint to authorities in Mindat Township, Chin State, on July 13, 2020. The complaint alleged that Mr. Gei Om had spread false news about possible illicit activities throughout Chin villages, was involved in an illegal land dispute settlement in 2016, and had been collecting taxes from villages.

Prior to his arrest, Mr. Gei Om helped local community leaders to monitor the impact of a project of model farms to harvest oil seed plants designed by the Management Committee of Mindat Township. They found out that the local government in charge of the model farms had engaged in illegal logging and that the farms had caused environmental damage to the Natma Taung National Park. On June 1, 2020, they had sent a previous complaint to the Environmental Conservation Department (ECD) of the Ministry of Natural Resource and Environmental Conservation (MONREC), which ordered the Forest Department in Mindat Township to carry out an investigation into the matter. During a meeting with Forest Department officials and two representatives of local communities, Mr. Gei Om, who acted as a negotiator and translator from Chin to Burmese and vice versa, advised the community leaders not to sign documents, which asserted that an investigation was carried out and no wrongdoing had been found. The above-mentioned July 13 complaint letter of the Ohn Village Tract official against Mr. Gei Om was sent to the Mindat Township authorities following this meeting, and led to his arrest.

On August 7, 2020, the Deputy Police Chief charged Mr. Gei Om under Section 5 (1) (F) (G) of the Restriction of Movement and Probation of Habitual Offenders Act of 1961 for his participation in the settlement of a land dispute in 2016. The fabricated charge stemmed from his participation as a community negotiator in the resolution of a land dispute under a customary dispute resolution mechanism after the destruction of a village by a landslide in 2015. At the time, the government authorities had authorized the land dispute to be settled according to local customs but they subsequently claimed that the dispute was not settled legally and that Mr. Gei Om should therefore be charged for his involvement in it, which the authorities claimed it amounted to inciting conflict.

After charges were pressed, Mr. Gei Om was offered a conditional release provided that he would not leave Mindat Township and he would report on a bi-monthly basis to the police for six months to one year, which he refused. If found guilty, Mr. Gei Om will be prohibited from leaving his township and, if he does not comply with this measure of restriction, he could be sentenced to one year in prison. He is currently detained in Mindat Township.

The Observatory expresses its utmost concern over the arbitrary detention and judicial harassment of Mr. Gei Om, which seem to be only aimed at punishing him for his legitimate human rights work.

FIDH

The Myanmar authorities should cease responding to criticism of the government and military with arrests and prosecutions of students protesting human rights abuses, Human Rights Watch said today. They should immediately drop charges against the students and unconditionally release those in custody.

At least 20 students around the country have been charged or are facing arrest under various laws after joining protests or sticker campaigns critical of the government or military, including criticizing the mobile internet shutdown in Rakhine and Chin States, according to the All Burma Federation of Student Unions (ABFSU).

“The Myanmar government deserves a failing grade for intimidating and harassing students peacefully expressing their views,” said Linda Lakhdhir, Asia legal adviser. “Neither criticizing the government nor peacefully protesting should be a crime, and the authorities should stop treating them as such.”

On September 10, 2020, members of the student federation conducted a “sticker” campaign in solidarity with Rakhine students who had been arrested the previous day for protesting internet restrictions. The ABFSU members distributed fliers and stickers demanding that 3G and 4G data services be turned back on across eight townships in Rakhine and Chin States. The slogans included: “No bloody government. No murder army” and “Oppose murder and fascism and stand together with the Rakhine people.”

On September 12, the Special Branch unit of the police conducted a nighttime raid on the home of Paing Min Khant, a student in North Okkala, Yangon. “When the police knocked on our door, they told us that they were coming into our home to take temperature checks as part of neighborhood health checks for Covid-19,” Paing Min Khant told Human Rights Watch. “But then they came in and told us they had filed complaints against us under section 19 of the Peaceful Procession and Peaceful Assembly Law in Mayangone and Kyauktada townships [in Yangon].”

Police took him and another student, Wai Yan Phyo Moe, to the Mayangone township police station, where they were told they would face charges under the Peaceful Assembly and Peaceful Procession Law for failing to notify police when distributing anti-war fliers and stickers in downtown Yangon.

Myanmar’s Peaceful Assembly and Peaceful Procession Law requires organizers to give notice to the authorities 48 hours before holding a protest or assembly. The law carries a maximum penalty of three months in jail and a fine. Treating the distribution of stickers and flyers as an “assembly” requiring notice is a new and overly broad reading of that law, Human Rights Watch said.

The authorities also threatened Paing Yin Khant and Wai Yan Phyo Moe with possible additional charges under section 505(b) of the Penal Code, which carries a penalty of up to two years in prison and a fine.

The pair said police later took them to the Kyauktada township police station and questioned them about the whereabouts of other students before finally releasing the two around midnight. The students said the police did not immediately file charges against them but said they were conducting the investigations as part of an “open” case.

HRW | DMG

Three Arakanese student leaders detained over an anti-government protest earlier this month will be charged under the Peaceful Assembly Law in a legal change from earlier indications that they would be prosecuted using the Natural Disaster Management Law.

The three students were arrested during a demonstration on September 9 outside the Arakan State government offices, where they were demanding the restoration of internet access and an end to human rights abuses in Arakan State.

They were remanded until September 24 under Section 25 of the Natural Disaster Management Law, but the lawsuit was changed at the Sittwe Township Court on September 22 as it was determined that the legislation was not appropriate for the circumstances.

Section 19 of the Peaceful Assembly and Peaceful Procession Law covers a requirement to inform authorities in advance of a planned demonstration.

“The section under which to prosecute them was changed according to the recommendation of the legal office,” said U Kyaw Nyunt Maung, a lawyer for the students — Ko Toe Toe Aung, chair of the Sittwe University Students’ Union, and information officers Ko Kyaw Naing Htay and Ko Oo Than Naing of the Arakan Students’ Union and Sittwe University for Computer Studies respectively.

Section 19 allows for bail, and the trio were released with their trial’s first hearing scheduled for October 6.

Members of student unions in Yangon, Mandalay and Meiktila have also faced charges for protesting against human rights abuses in Arakan State. Cases have been opened against some 20 students under various legal statutes including at least one charge of incitement.

“We thank our alliance students who support us. We want to urge them to keep trying together in the future,” said Ko Kyaw Naing Htay, information officer for the Arakan Students’ Union.

DMG

The Mandalay student demonstration on September 10 protested alleged military misconduct in Arakan State. Protesters also demanded the full restoration of 4G mobile internet access in parts of Arakan and Chin states that have been deprived for more than a year.

Ko Myo Chit Zaw, from the Yadanarbon University Student Union, is being detained at the No. 6 police station in Mandalay. Charges have been brought against him under Myanmar’s Natural Disaster Management Law in addition to the Peaceful Assembly and Peaceful Procession Law, Ko Htoo Khant Thaw said.

A total of 13 students who joined the protest have had cases opened against them under Section 19 of the Peaceful Assembly Law, according to the federation.

“It is intended so that we don’t have any rights to note matters related to the military in Myanmar. So, all 13 students who participated in the protest yesterday are facing lawsuits. We don’t think it is appropriate. In fact, we noted the actual situations on the ground,” said Ko Htoo Khant Thaw.

On September 9, three students from the Arakan Student Union who staged a protest in front of the Arakan State government offices were arrested. Cases were opened against them under Section 25 of the Natural Disaster Management Law at the Sittwe Township Court on September 10.

Authorities in Myanmar’s restive Rakhine state have arrested three students from the Rakhine Student Union for ignoring a law against large gatherings during the coronavirus pandemic by participating in a protest against the Myanmar government’s 15-month internet ban on eight townships in the state.

Toe Toe Aung, Kyang Naing Htay and Oo Than Naing staged their protest Wednesday in front of the Rakhine state government office building in the state capital Sittwe, holding signs critical of the government and military. They were arrested mid-protest and were officially charged with violating the Natural Disaster Management Act Thursday evening.

According to Myanmar’s military, the government ban on internet service to townships where Myanmar forces have been fighting the rebel Arakan Army (AA) since December 2018 keeps government troop movements secret while dampening speech that incites ethnic tensions.

The policy has however hampered aid workers helping war refugees and left people uninformed about the coronavirus pandemic.

The director of a local legal support group told RFA’s Myanmar Service that charging the students out of concern for public health was disingenuous.

“It is totally irrelevant to charge these students using the Natural Disaster Management Act. They were holding a protest. They didn’t do anything else, so it is obvious the authorities are trying to indict them for protesting,” Nyein Chan of the Thazin Legal Aids group said.

“Are they going to charge other crimes like robbery or murder that occur during this pandemic under that same law? We should question them. They are manipulating the law to prosecute these students,” said Nyein Chan.

The Legal Clinic Myanmar office told RFA it would provide legal services for the arrested trio.

“These students have asked us for legal help. We are cooperating with other CSOs to give the students the help they need. Well will try to prevent them from being charged by irrelevant laws,” said Mya Thuzar, an attorney at the clinic.

“As we are now in the middle of the COVID-19 pandemic, things are so unstable. So, we will make sure they will not fall into the wrong hands,” Mya Thuzar said.

Unlawful arrests

A Sittwe University Student Union official told RFA the three students were arrested in unlawful ways.

“We are pointing out the wrongdoings of the government and military. I would like to appeal to prosecute them lawfully. They say no one is above the law, whether that is the state government or anyone else,” said the student union’s vice-chair Bhone Pyae Phyo.

“The law is the law. They should apply the law equally to everyone, so I would like to appeal to the authorities to handle the case lawfully,” said Bhone Pyae Phyo.

Aung Than Wai, a Sittwe resident, told RFA that arresting the students goes against democratic ideals.

“The ruling government said they are working to maintain the rule of law, but they always detain everyone who speaks against them. This is very undemocratic,” said Aung Than Wai.

“They always try to silence us. We all know how many townships in Rakhine state are under an internet ban and for how long. These students are just trying to highlight that. The government is always trying to control all of us. This is a clear persecution of the people,” the Sittwe resident said.

At least 289 civilians have been killed and 641 injured in Rakhine state and in Paletwa township of neighboring Chin state since hostilities between the AA and the national army escalated in December 2018, according to an RFA tally.

Students charged in Mandalay

Meanwhile, in other parts of the country, police in Mandalay charged 15 college students from the All Burma Student Union when they also staged protests demanding an end to armed conflicts and the Rakhine internet ban.

Ba Chit, a student who got charged by the authorities told RFA, “They summoned me to come for interrogations. They didn’t arrest me. They asked for the details of the protests.”

“They also asked about our activities in the past. They asked me to sign a proclamation that we wouldn’t protest again but I refused. They said I was free to go,” Ba Chit said.

Kyaw Thiha Ye Kyaw, another member of the student union in Mandalay, told RFA, “I and the other members are still in our college. I told the police I would not come.”

“If they come to take me in person, I will go with them. But I will not back down. We are protesting against the 2008 Constitution. So, we will not acknowledge any charges under the constitution,” the student said.

RFA attempted to contact the police station in Mandalay for comment but were unsuccessful.

RFA

The Myanmar Telecommunications Ministry blocked the website for activist group Justice for Myanmar on September 1 for publishing information the government has deemed as �fake news�. The International Federation of Journalists (IFJ) urges the Myanmar authorities to be more transparent on their definition of �fake news� and to ensure that they are not silencing critical voices.

Justice for Myanmar�s website was blocked on Tuesday by the country�s Telecommunications Ministry. The website was launched earlier this year by a team of human rights activists dedicated to uncovering the military�s business interests and monitoring human rights violations. The blocking of the platform is the latest in more than 200 other websites have been secretly blocked by Myanmar authorities in recent months.

Spokesman for the Ministry, Myo Swe, said �The social media monitoring team found that some websites are spreading fake news,� but did not comment on what exactly constituted false news or information.

Justice for Myanmar has conducted investigations into the government�s crackdown on Myanmar�s Rohingya Muslims in 2017, including a report about businesses that donated to the security forces for the campaign that the United Nations said was carried out with �genocidal intent�.

In a statement, representative for Justice for Myanmar Yadanar Muang said that the government�s censorship of their website �is an attempt to silence dissent and cover up the truth about the Myanmar military cartel�s corruption and international crimes.�

�We will continue speaking truth to power,� Muang added.

The recent wave of website censorships is seen as a method of silencing critics of the government and military and avoiding accountability for unlawful military campaigns.

IFJ

Two Karen men and one Burmese woman were charged Wednesday by police under the Peaceful Assembly and Peaceful Procession Law for holding an event to mark the 70th Karen Martyrs� Day in Yangon.

The death of Karen revolutionary leader Saw Ba U Gyi, who was murdered on Aug. 12, 1950, is commemorated annually as Karen Martyrs� Day. Saw Ba U Gyi founded the Karen National Union (KNU), one of Myanmar�s prominent ethnic armed groups.

On Wednesday morning, Kyauktada Township police detained two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�during a commemoration of Karen Martyrs� Day in the center of Yangon near Maha Bandula Park.

On Monday, authorities in the township denied the Karen organizers� request for permission to hold the Karen Martyrs� Day event, citing COVID-19 restrictions. Mass gatherings are banned in Myanmar under the government�s COVID-19-related restrictions.

On Wednesday, police also arrested Burmese activist Daw Sein Htwe, who attended the 70th Karen Martyrs� Day event, for allegedly absconding from a lawsuit brought against her under the Unlawful Assembly Law last year.

On Wednesday evening, the two Karen activists�Sa Thein Zaw Min and Saw Hser Kwar Lar�were released after police opened lawsuits against them under Article 20 of the Peaceful Assembly and Peaceful Procession Law, according to Naw Ohn Hla, chair of the Karen Women�s Union (KWU).

Under Article 20, organizers of a gathering can face a maximum sentence of one month in prison and a fine of 10,000 kyats (US$7.31) for failing to properly inform township authorities about a gathering, including details on the kind of activities involved, slogans, speeches, places and times.

Police Colonel Myo Thet of the Kyauktada Police Force told The Irrawaddy on Thursday that police sued the two Karen activists for reading messages that were not mentioned in the letter about the event that they filed with authorities.

Under one of the terms of the Peaceful Assembly and Peaceful Procession Law, people who join an assembly �must not recite or shout chants other than the ones approved.�

On the same day, the Kyauktada Township Court sent Daw Sein Htwe to Insein Prison as she declined to request bail after being charged under Article 19 of the same law. Article 19 of the Peaceful Assembly and Peaceful Procession Law carries a maximum sentence of three months in jail and a 30,000 kyat fine (US$21.93) for violating any of over a dozen rules on how and when people may assemble.

This week�s arrests mirror a series of arrests that followed last year�s Karen Martyrs� Day events in Yangon, after which Sa Thein Zaw Min was sentenced to 15 days in prison.

On Oct. 12, 2019, Kyauktada police opened unlawful assembly cases against Daw Sein Htwe and two other activists�Ma Zarchi Linn of the Democracy, Peace and Women (DPW) group and Naw Larshee Htoo of the KWU�for leading a rally in solidarity with three other Karen activists who had earlier been sentenced to 15 days in jail for holding a rally on the 69th Karen Martyrs� Day in Yangon.

Karen activists Sa Thein Zaw Min, Saw Albert Cho and Daw Naw Ohn Hla, were sentenced to 15 days in prison by the Kyauktada Township Court on Oct. 2, 2019 for the 2019 Karen Martyrs� Day gathering.

Police Colonel Myo Thet said that Daw Sein Htwe was sued on Wednesday under Article 19 of the Peaceful Assembly and Peaceful Precession Law for leading the solidarity rally last year without informing the township authorities.

Irrawaddy

Myanmar police have charged six activists who participated in protests against a year-long government-ordered internet service shutdown in Myanmar�s conflict-ridden Rakhine state, accusing them of violating the country�s peaceful assembly law.

Five of the activists are from Yangon-based Athan, a freedom of expression advocacy group. They were taken into custody for denouncing the internet ban by hanging posters on an overpass in downtown Yangon on June 21, questioning whether the ban was intended to cover up possible atrocities committed by the Myanmar military in the conflict zone.

Myo Min Tun, an activist from the Ramree Township Youth Network in Rakhine state, also was charged for participating in a protest in Ramree town on the same day. A group of young people wearing T-shirts saying �Oppose Internet Oppression� demanded the restoration of internet access, according to photos the group posted on Facebook.

All six activists have been charged under Section 19 of the Peaceful Assembly and Peaceful Procession Law, which entails criminal liability for organizing or participating in an assembly for which notice has not been given to local officials.

Rights groups have criticized the statute as incompatible with democracy, saying its provisions are vaguely written and could be used arbitrarily to restrict freedom of expression. They also point to the law's inclusion of prison sentences for peaceful protests.

Ye Wai Phyo Aung, an Athan cofounder, said police informed the group that five of its members, including executive director Maung Saungkha, had been charged, but provided no details or the identities of the others arrested.

�They have filed the charges for the protests at the Sule overpass downtown,� he told RFA. �They displayed posters and banners to protest against the internet shutdown.�

Pe Than, a lawmaker from Rakhine�s Myebon township, said the internet service blackout has hurt residents. He has appealed to the government to lift the ban.

�There have been several losses for the local people in terms of education, health, and social and government administration,� he said.

�It has also intensified the spread of fake news, rights violations, and war crimes,� he added, referring to the growing state of lawlessness in the conflict zones. �The local people are paying the price.�

The internet shutdown originally was imposed in June 2019 in eight townships in Rakhine sate and in Chin state�s Paletwa township amid intensifying clashes between government forces and the rebel Arakan Army (AA). Authorities later lifted the restriction in Rakhine�s Maungdaw township.

The 18-month-long conflict that has killed 260 civilians and displaced more than 160,000 others.

The government has extended the ban until Aug. 1, saying it will lift it when the region is secure.

Myanmar military spokesman Brigadier General Zaw Min Tun said Tuesday that the internet shutdown in the remaining townships must remain in place to prevent the leakage of army information and the spread of hate speech on social media.

Rights groups and foreign diplomats in Myanmar have called on officials to reinstate the service, arguing that the cutoff has prevented civilians from accessing information about COVID-19 and from contacting humanitarian aid groups.

RFA

Six labor rights activists, including two union leaders from a factory in Yangon�s Dagon Seikkan Township, were jailed for three months on Monday for leading strikes which violated COVID-19 orders.

Since May, 2, more than 100 workers from the Blue Diamond bags factory have blocked the entrance to demand full wages during April, although operations stopped from April 19 to 30 due to government orders.

The strike was led by members of the unregistered All Burma Federation of Trade Unions (ABFTU).

Ma Thet Htar Swe of the ABFTU told The Irrawaddy that the authorities on Monday broke up the strike and arrested two leaders and four ABFTU members without holding any talks.

That evening factory union leaders Ma Zar Zar Htun and Ma Lay Lay Mar and ABFTU members Ko Kyaw Myo, Ko Myo Gyi, Ko Min Min Naing and Ko Thet Oo Maung were sentenced to three months in prison by the Dagon Seikkan Township Court under the Prevention and Control of Communicable Diseases Law, according to ABFTU.

On April 16 the government banned gatherings of five or more people under coronavirus preventative measures with the threat of up to six months in prison and fines.

Dagon Seikkan Township administrator U Zaw Naing Oo confirmed the prosecutions to The Irrawaddy.

Before the Thingyan holidays, Blue Diamond workers held strikes demanding their employer close the factory for a month with full pay to prevent the spread of COVID-19.

�There will be strikes for labor rights in the future. Our demands for rights cannot be halted by prosecutions,� said labor activists Ma Thet Htar Swe.

She said five other workers� leaders from the Rainwear House and Brightberg factories in Dagon Seikkan also were arrested last night over strikes held before Thingyan.

State Counselor Daw Aung San Suu Kyi told representatives of employers and labor unions via a video conference on April 22 that the government would take action against anyone violating COVID-19 restrictions.

Irrawaddy

Right groups have asked the Karen State government to drop charges against a Karen environmental activist over his role in a traditional prayer ceremony, saying he was acting to protect local water resources against pollution from a coal-powered cement factory.

Police attempted to arrest Saw Tha Phoe, a Karen environmentalist from the Karen Rivers Watch Network, at his home in Hpa-an Township on Saturday but he was not at home.

The police attempted the arrest after the Hpa-an General Administration Department filed a complaint against Saw Tha Phoe under Section 505 (b) of the Penal Code, which prohibits making or circulating statements that may cause public fear or alarm and incite the public to commit an offense against the state or “public tranquility.”

The government filed the complaint in connection with a traditional Karen prayer ceremony on Jan. 17, in which local residents and village monks from Hpa-an’s Myaingkalay District came together to pray for protection from pollution caused by the Myaingkalay cement factory.

Several civil society groups issued statements Monday condemning the attempted arrest of Saw Tha Phoe and the government’s actions, saying they violated the rights of citizens, human rights and democratic standards.

Sai Khur Hseng, spokesperson for the Save the Salween Network, told The Irrawaddy Tuesday that the Karen State government should drop the charges as Saw Tha Poe was acting peacefully and did not break the law.

“It was an environmental issue and he was working for everyone to be able to enjoy a clean environment. He was just trying to protect against the actions of the company, which will damage the local community’s environment,” Sai Khur Seng said.

“We strongly condemn the actions of the township General Administration Department and the Karen State Government, which severely hinders Myanmar’s peace process and steps toward federalism,” read a statement by the Save the Salween Network and Burma Rivers Network.

Ko Ye Lin Myint from the Myanmar Alliance for Transparency and Accountability (MATA) told The Irrawaddy that it was meaningless for the Karen State government to take action against Saw Tha Phoe.

“He was just praying for the environment and he did not commit any act of defamation against the government,” he said.

Karen communities in the area have called for the Karen State government to stop the Myaingkalay cement factory from using coal power as it has polluted water sources around Myaingkalay’s Nat Kone Village, in Bat Village-tract.

Right groups also questioned what type of democratic government would order the arrest of Saw Tha Phoe.

Sai Khur Hseng pointed out that the actions of the Karen State government represent the opposite of the principles of democracy, peaceful community and environmental values often discussed by State Counselor Daw Aung San Suu Kyi.

Tin Tun Aung, a Hpa-an police officer, told Radio Free Asia that he and other police went to arrest Saw Tha Phoe at his house but he was not at home. The officer said that police will continue to search for the activist.

Irrawaddy

Two journalists who were abducted and released by Border Guard Force (BGF) troops in Myawaddy Township, Karen State said they were tortured by the soldiers during interrogation.

Naw Betty Han, a reporter for Frontier Myanmar, and Mar Naw, a photojournalist for Myanmar Times, were detained in the jungle for one day and released Thursday evening. the two were covering land and development issues in Karen State.

According to Naw Betty Han, the two were walking near a bridge at Border Gate 1 in Myawaddy and taking a picture of heavy machines building a new casino when the guards of the building compound, wearing black suits and armbands with Chinese letters, detained them.

“They told us to delete the photos and later said we needed to meet a major and called a car,” she said.

The guards forced the two journalists to cover their faces with black masks and drove them to a rubber plantation. There, armed men wearing fatigues with BGF logos on their armbands sat the reporters on the ground and interrogated them.

Mar Naw said the men hit him several times and kicked his face until his nose bled while others tried to cut his long hair and another held a bayonet near the journalist’s neck.

“I apologized to them several times and asked them not to hit me but they didn’t stop. One guy held a bayonet to my neck,” said Mar Naw.

“They hit and kicked Ko Mar Naw but they didn’t hit me. But they aimed their guns at me and cocked the guns,” Naw Betty Han explained to reporters in Myawaddy after she was released on Thursday.

“The guard in plain clothes who stopped us at the construction site is the one who put us in this situation,” Mar Naw added. “We deleted the photos as [the guards] requested but they called the armed group and threatened us like this.”

After the initial interrogation, the two journalists were handcuffed and put into another car, again with black masks covering their eyes. The armed men took them and locked them in a small prison enclosure in the jungle.

Naw Betty Han said she told the men that they were journalists and called out the names of BGF majors and officials who she had previously interviewed.

“They slapped me in my face for calling out their major’s name. They said we took photos of their army outpost. We explained ourselves but they didn’t listen,” she recalled. “We were later put in a different enclosure at about 2 a.m. The next afternoon, they told us to get into the car, put the masks on and we were sent back to an office where we met with the BGF officers and were released.”

Colonel Saw Chit Thu, head of the ethnic Karen BGF, told The Irrawaddy that they are taking action against those who were involved in the incident.

“We gave no instructions to arrest or interrogate any reporters. We arrested the person who was involved in this incident, who went beyond official orders, and they will be punished. I also instructed the troops not to do this in the future,” said Col. Saw Chit Thu.

The Karen State-based BGF, formed in 2010, is a splinter group of the defunct Democratic Karen Buddhist Army and is backed by the military. The group operates businesses in the area, including casinos, and is involved in building the Chinese-backed Shwe Kokko real estate development project. Naw Betty Han has written extensively about them.

Irrawaddy

Authorities in Myanmar Monday charged nine students with violating the country’s Peaceful Assembly and Peaceful Procession Law after they staged a protest Sunday against the government’s suspension of internet services in restive Rakhine and Chin states, home to fighting between ethnic insurgents and Myanmar’s military.

The nine students organized and were part of a gathering of about 100 who demanded that the government reinstate mobile internet access in nine townships in Chin and Rakhine. Internet access was blocked in June of last year. In five of the nine townships, access was later reinstated, but then blocked again earlier this month.

Under section 19 of the Peaceful Assembly and Peaceful Procession Law, the students could face sentences of up to three months, because they did not receive prior permission to hold the protest.

Sources told RFA’s Myanmar Service that police officers in plainclothes ventured onto the campus of Yangon University to make arrests. Six of the nine students who were charged were in custody, Reuters news agency quoted a participant in the protest as saying.

One of the accused students, Myat Hein Tun, secretary of the university's Rakhine Students Union, told RFA that he disagreed with the manner in which the arrests were made.

“I think it is totally unacceptable,” Myat Hein Tun said.

“They should not make arrests on a university campus,” the student leader added.

Another student, Htoo Khant Zaw, secretary of the Federation of Myanmar Student Union, told RFA that organizers felt they did not need permission to stage their protest because under a democratic government, they have the right to peacefully protest.

“We are not allowed to express our opinions,” Htoo Khant Zaw said.

“If we had applied for permission to protest as mandated by Article 19 of the Peaceful Assembly and Peaceful Procession Law, [the authorities] would tell us what slogans we could use and which route the protesters could take, and they would tell us not to deliver long speeches, so it does not make sense,” he added.

RFA contacted the police to inquire about the arrests, but an official from Kamayut Township Police Station said the police were not at liberty to answer questions on the matter.

During a news conference on Saturday, the government justified the internet shutdown in Chin and Rakhine states, saying it was for the benefit of the country. The government also said that access would not be restored while there is armed conflict in the region.

Ye Wai Phyo Aung, founder and research manager of Athan, a youth-led free speech advocacy group, told RFA that charging students for protesting against the internet shutdown was a “double violation of human rights.”

“We have seen so many cases of the government charging people who are merely practicing the right to freedom of expression and to criticize the wrongdoing of the government.”

RFA

Five labor rights activists, including a labor activist from a US-owned garment factory, were threatened with 24 days in prison unless they paid fines of 30,000 kyats (US$21) at Yangon’s Dagon Township Court on Feb. 11 for an unlawful assembly.

The five led more than 400 factory workers from the Natural Garment Company in Shwelinban industrial zone, Hlaing Tharyar Township, to the Yangon regional government offices on Nov. 7, 2019. They called on the National League for Democracy’s regional chief minister, U Phyo Min Thein, to take action against employers who they said violated labor rights and employment contracts.

Garment factory worker leaders Ma Thandar Phyoe, Ko Kyaw Myo Htike, Ko Chit Nan Maung and Ko Pyae Sone Aung and activist Ma Moe Sandra Myint from the labor rights advocacy group Action Labor Rights, were sued by Dagon police under Section 19 of the Unlawful Assembly Act.

Several labor supporters had to help pay the court fines to avoid prison sentences for the five union representatives.

“We just went there to request government help with our labor rights violation case. But we were sentenced although we did nothing wrong. This is unfair,” activist Ma Moe Sandra Myint told The Irrawaddy on Thursday.

The case undermined trust in government as no action was taken against employers who repeatedly violated labor rights and contracts, said Ma Moe Sandra Myint.

The labor disputes began in August 2019 because staff said their salaries were cut. Around 1,500 factory workers reportedly went on strike in September.

Media reports said strikers stopped 10 Chinese technicians and two interpreters from reaching the factory in mid-September as the management called for talks.

Strikers released the factory’s technicians and interpreters after the township offered to hold negotiations.

The factory announced its closure on Nov. 7, saying that operations had been disrupted by the strike. The management said it would compensate workers for the closure. The announcement led to the November protest.

The Natural Garment management was unavailable for comment. The clothing factory closed last year only to re-open with many of its former staff. Union leaders were excluded, said Ma Moe Sandra Myint.

Irrawaddy

The Myanmar authorities should immediately and unconditionally release four activists who have been convicted and sentenced to one month in prison simply for the peaceful exercise of their rights to freedom of expression and peaceful assembly, Amnesty International, Human Rights Watch, and Civil Rights Defenders said today.

On January 17, 2020, the Myawaddy Township court in Kayin/Karen State, south eastern Myanmar, sentenced four activists – Naw Ohn Hla, Maung U, U Nge (aka) Hsan Hlaing, and Sandar Myint – to one month in prison after finding them guilty of protesting without authorization under Article 19 of the Peaceful Assembly and Peaceful Procession Law. The law officially only requires notification of a protest but in practice, authorities treat the notification requirement as a request for permission. It has frequently been used to target peaceful activists, in particular those campaigning for justice for communities affected by human rights violations and abuses.

Police charged the four activists after they participated in a peaceful demonstration organized by residents of the Shwe Mya Sandi housing project in Kayin/Karen State on April 19, 2019. Residents had been protesting against demolition of their homes in February 2019, after the government declared that the land used for the project had been acquired unlawfully and began demolishing their homes. Protest organizers Maung U, U Nge (aka) Hsan Hlaing, and Sandar Myint had notified authorities of their intention to march along the Myawaddy road. Naw Ohn Hla was not involved in organizing the protest, however she joined in a show of solidarity. All four were arrested soon afterwards and charged under Article 19 of the Peaceful Assembly and Peaceful Procession Law. The court sentenced each of them to one month in prison. They are currently detained in Hpa An prison, Kayin/Karen State.

Amnesty International, Human Rights Watch, and Civil Rights Defenders consider all four activists to be prisoners of conscience, imprisoned solely for the peaceful exercise of their rights to freedom of expression and peaceful assembly. All three organizations call on the Myanmar authorities to release them immediately and without conditions, and quash their convictions.

The rights to freedom of expression and peaceful assembly are enshrined in Articles 19 and 20 of the Universal Declaration of Human Rights (UDHR). Under international human rights law and standards, certain restrictions on the rights to freedom of expression and peaceful assembly may be imposed, but only in narrow, clearly defined circumstances. Such restrictions must be provided by law; be limited to certain specified purposes such as national security, public order or respect of the rights or reputation of others; and be necessary and proportionate to the

achievement of one of those permissible purposes. Amnesty International, Human Rights Watch, and Civil Rights Defenders are concerned about a number of laws in Myanmar – including the Peaceful Assembly and Peaceful Procession Law – which are incompatible with the rights to freedom of expression and peaceful assembly and which are used to arrest, prosecute and imprison human rights defenders and other peaceful activists. Our organizations urge the Myanmar authorities – in particular Parliament – to take immediate action to review and repeal or amend all such laws to bring them into line with international human rights law and standards.

Human rights defenders play a vital role in the protection and promotion of human rights, and it is crucial that they are able to speak out freely on human rights violations, including those committed by the military against civilians in areas of armed conflict, without fear of repercussions. Under Article 2 of the UN Declaration on Human Rights Defenders, each state has a duty to create the conditions necessary to defend human rights within their jurisdictions. Amnesty International, Human Rights Watch, and Civil Rights Defenders call on the Government of Myanmar to ensure an environment in which it is possible to defend human rights without fear of reprisal or intimidation.

HRW

A court in Tanintharyi Region issued warrants Monday for the arrest of lawyer U Kyi Myint and poet U Saw Wai for failing to appear in court for a case over their remarks on Myanmar’s constitutional amendment process.

The Myanmar military filed the case in Tanintharyi’s Kawthaung Township against three prominent political activists—U Kyi Myint, U Saw Wai and former Myanmar army captain Nay Myo Zin—for remarks they made in April about charter amendment, suing the three activists under Section 505 of the Penal Code for allegedly defaming the military and military leadership.

The Kawthaung Township Court began hearings in the case on Jan. 20 after sending summons letters to the defendants.

On Monday, only Nay Myo Zin, who is already serving a one-year prison term in Insein Prison on the same charge from another military lawsuit, appeared in court. The military’s plaintiff also did not appear in court on Monday.

Poet U Saw Wai, a former political prisoner, told The Irrawaddy on Thursday that the court’s decision to issue an arrest warrant goes beyond what is allowed under the law, as he has not received any legal summons letter from the court.

“There has never been justice and there never will be as the judiciary is in the hands of the military. That is why we talked about supporting amendments to the charter,” said U Saw Wai.

Lawyer U Kyi Myint told reporters that he did not attend the court hearing because police haven’t conducted a proper investigation into the case, as required under Criminal Procedure Code Section 202.

On Thursday, U Kyi Myint told The Irrawaddy that he had already reported to the Kawthaung Township Court and police force that, due to the warrant, he will appear in court for the next hearing, scheduled for Feb. 3.

U Saw Wai added that the defendants will hold a press conference in Yangon on Saturday.

Section 505(a) of the Penal Code carries a penalty of up to two years in prison for making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties. Anyone sued under Section 505(a) must be arrested and detained, as it is a non-bailable offense.

In November, 130 Myanmar civil society groups released a joint statement condemning the military’s attempt to prosecute the three activists and calling on the military to drop the case immediately.

Over the past four years, the military has filed 47 lawsuits against 96 people, including 51 activists, 19 individual citizens, 14 journalists, five religious representatives, four artists and three members of political parties, according to a recent report by Athan, a group advocating for the right to freedom of expression in Myanmar.

Of the military’s 47 lawsuits, most have been filed by the military as a way to take action against its critics, the report said. Athan has also called on the military to drop its lawsuits and stop suing those that criticize it.

Irrawaddy

The military has opened a case against three prominent political activists – former Myanmar army Captain Nay Myo Zin, poet Saw Wai and lawyer U Kyi Myint – for their remarks on charter amendments made in April in Kawthaung Township, Tanintharyi Region.

The Kawthaung Township Court accepted the case on Oct. 31, according to the military’s Coastal Command.

One of the accused, Nay Myo Zin, is currently serving a one-year prison term under the same charge, filed by the Tatmadaw in Yangon, for calling the Constitution undemocratic.

The three addressed a public gathering at a hall in Kawthaung in support of the Parliament’s charter amendment committee on April 3.

Colonel Thant Sin Oo from the Coastal Command told The Irrawaddy that their remarks defamed the Tatmadaw (military) and the military leadership.

“Their comments were aimed at causing misunderstanding. Therefore, we petitioned directly to the Kawthaung court and the court charged them under Article 505 [of the Penal Code] on Oct. 17,” said Col. Thant Sin Oo.

Section 505(a) of the Penal Code carries a penalty of up to two years’ imprisonment for anyone convicted of making, publishing or circulating statements, rumors or reports intended to cause military officers to mutiny, or to fail in or disregard their duties. It is a non-bailable offense.

U Kyi Myint told The Irrawaddy that he was sued for mentioning amendments to the Constitution at the gathering in Kawthaung six months ago, but insisted he did not say anything to damage the Tatmadaw.

The lawyer said: “Former Captain Nay Myo Zin talked for about 75 minutes. Ko Saw Wai talked for about an hour. I only talked for 20 minutes, as I was the eldest there and I could not cope with the heat. I talked about the Constitution, nothing else.”

He added: “We had to stand and raise [issues] for our country’s sake. There was no support from another country. We cannot stay silent. If everyone is silent, our country will further deteriorate. We must speak out about what needs to be done.”

But he said he was denied the opportunity to address the Kawthaung court.

“The military applied to the court on Oct. 17 and the case was accepted yesterday [Thursday], but we did not receive a letter. We don’t know yet if the letter arrived, whether we would be arrested without bail and sent to prison. According to the procedures, we will have to travel there and face [the charges].”

The number of military attempts to sue activists, especially those supporting charter amendments, has risen since April, said Maung Saung Kha, the director of Athan, a group advocating freedom of expression. Of 30 cases, 24 were lawsuits filed directly by the Tatmadaw against 77 people. The six remaining cases were filed by other people on behalf of the Tatmadaw, he said.

Those targeted have included monks, journalists, politicians, political activists, farmers and comedians.

Military spokesman Brigadier General Zaw Min Tun said earlier that the Tatmadaw’s tolerance of criticism was not unlimited.

Irrawaddy

Kyauktada Township police have opened unlawful assembly cases against another three activists for organizing a protest at a courthouse in Yangon in support of three Karen activists who were later convicted of similar charges.

The police captain of Kyauktada Township has opened cases against Daw Sein Htwe and Ma Zarchi Linn of the Democracy, Peace and Women (DPW) group, and Naw Larshee Htoo of the Karen Women’s Union (KWU) for leading a rally in solidarity with three Karen activists who were found guilty Wednesday for holding an earlier unlawful gathering on Karen Martyrs’ Day in Yangon.

The Kyauktada police said in a summons letter that about 130 people led by Daw Sein Htwe, Ma Zarchi Linn and Naw Larshee Htoo chanted slogans at the township court as police brought three Karen activists—Daw Naw Ohn Hla, Saw Elbert Cho and Sa Thein Zaw Min —to a court hearing on their own charges of unlawful assembly. The summons letter says that Daw Sein Htwe, Ma Zarchi Linn and Naw Larshee Htoo did not ask permission to organize their demonstration.

Larshee Htoo is Karen, while Daw Sein Htwe and Ma Zarchi Linn are ethnic Burmese. The three activists who are now being sued were asked to appear at Kyauktada Police Station on Friday.

On Thursday, DPW and KWU issued a joint statement condemning the allegations, saying that they will continue to protest against the lawsuits, which they say constitute dictatorial oppression.

”People who supported those whose rights were being violated have now been [sued]. This shouldn’t be the case,” Ko Min Nay Htoo, general secretary of the DPW, told The Irrawaddy on Friday.

He added that he suspects the cases are the result of a grudge held by the authorities, because all of the accused are members of organizations founded by Naw Ohn Hla.

Ko Min Nay Htoo also said that if police arrest these three activists, all the supporters who came to the court on Sept. 27 will go to the police station to be arrested.

Naw Ohn Hla, Saw Elbert Cho and Sa Thein Zaw Min were sentenced by the Kyauktada Township Court on Wednesday to 15 days in prison. They were then released without being sent to jail again as they had already been detained for more than two weeks while they were prosecuted.

Police had filed a lawsuit against the three after they refused to comply with orders to delete the word ”martyr” from all aspects of this year’s Karen Martyrs’ Day commemoration.

Authorities banned the use of the term ”martyr” in reference to Karen revolutionary leader Saw Ba U Gyi, who was murdered on Aug. 12, 1950. His death is commemorated annually as Karen Martyrs’ Day.

This year on Aug. 12, more than 100 people, led by Naw Ohn Hla, So Elbert Cho and Sa Thein Zaw Min, participated in an event to mark the 69th anniversary of Karen Martyrs’ Day in front of City Hall in Kyauktada Township, Yangon.

Irrawaddy

Chairwoman of the Karen Women’s Union Naw Ohn Hla has been detained under unlawful assembly charges for organizing a Karen Martyrs’ Day commemoration in Yangon last month without permission.

The long-term land rights and political activist, who herself is ethnic Karen, was arrested on Monday night and brought to the police station in Kyauktada Township, Ko Min Nay Htoo of the Democracy, Peace and Women’s Organization (DPW) said. Naw Ohn Hla also chairs the DPW.

Local authorities banned the use of the term “martyr” in reference to Karen revolutionary leader Saw Ba U Gyi, who was killed on Aug. 12, 1950. His death is commemorated annually as Karen Martyrs’ Day.

The 69th memorial was held—under the banner of Karen Martyrs’ Day—in front of city hall in Kyauktada Township this year. More than 100 people attended the event.

Police from Kyauktada Township opened cases against Naw Ohn Hla and two others under Article 20 of the Peaceful Assembly and Procession Law for organizing the unauthorized event.

Ko Min Nay Htoo said the two activists will also face lawsuits when they return, as they are currently out of town.

At a court appearance on Tuesday, Naw Ohn Hla declined to request bail.

“We didn’t do anything wrong. I am not seeking bail as this is unfair. We acted in accordance with the law [by informing authorities about the event in advance],” she told reporters outside the court.

Naw Ohn Hla was sent directly to Insein Prison after the court appearance.

The offenses carry one-month prison sentences, fines or both.

Irrawaddy

A Kachin rights activist found guilty of violating the Peaceful Assembly Law received an additional sentence of three months in prison on Friday for giving a set of broken scales to a judge in Myitkyina Township Court.

Ko Paul was sentenced to 15 days imprisonment on Sept. 2 for violating Article 19 of the Peaceful Assembly Law. When the sentence was handed down, he gave Judge U Than Tun a set of broken scales to show his dissatisfaction with the sentence.

The judge responded by filing a lawsuit against Ko Paul for disturbing the duties of a civil servant and for insulting and disrespecting the court.

“I gave him broken scales to represent the collapse of the judiciary in this country. The scales of justice in this country are broken. For that, I’ve been sentenced to three months imprisonment. This shows Kachin State, the country and the world that there is no justice,” Ko Paul said after leaving the court and before he was escorted to Myitkyina Prison.

Ko Paul and fellow Kachin activist Ma Seng Nu Pan were sentenced to 15 days imprisonment by the same court on Sept. 2 for organizing a street performance on June 9 to mark the eighth anniversary of the renewal of armed conflict in Kachin State.

Ko Paul’s lawyer U Mar Kha said his client did not interrupt or insult the judge.

“Insulting the judge means swearing. Paul did not do any brutal acts against the court, such as hitting something, kicking or beating the judge. The sentence is unjust. Ko Paul simply criticized the weakness and collapse of the judiciary, he did not insult it,” said U Mar Kha. “If we can’t have the chance to criticize or tell the truth, there will be no rights and we can’t achieve democracy.”

Demands for freedom of assembly and fair trails and complaints about the government’s prosecution and imprisonment of anti-war demonstrators have been mounting in Kachin State. Hundreds of protesters gathered in the state capital on Thursday and called for fair trails for Ko Paul and Ma Seng Nu Pan. They continued the protest on Friday and have plans for one more day of protest.

Irrawaddy

Members of the Students and Youth Congress of Burma (SYCB), an umbrella group of youth organizations from across the country, joined a protest in the Kachin State capital Myitkyina on Monday to demand judicial justice and freedom of expression.

The protest—the latest to be triggered by last week’s sentencing of two young activists found guilty of violating Burma’s Peaceful Assembly and Peaceful Procession Law for staging an anti-war street performance in June—was organized by local Kachin youth groups.

Paul Lu and Seng Nu Pan, the organizers of the street performance, were both sentenced to 15 days in prison on September 2. Paul Lu later received an extra three months for handing a broken set of scales to the presiding judge in protest at the decision.

Say Pu, the secretary-2 of the SYCB, explained that his group decided to join the Myitkyina protests because it believed the sentence against the two Kachin activists violated their human rights.

“I think this sentence is unfair. [Paul Lu] even received an additional prison term. From a human rights perspective, this is unacceptable. That’s why we joined the protest to show our support,” Say Pu told NMG.

Regarding the reaction of the authorities to SYCB’s presence, Say Pu said that some members of the group had been questioned.

“They asked about our organization, our address, and so on,” he said.

The protesters, who have gathered three times in the past week, said they had four key demands—freedom of speech and expression, a fair and just legal system, understanding of the difficulties of people displaced by conflict, and an end to the civil war as soon as possible.

Twelve ethnic members of SYCB joined the protest in Myitkyina from Yangon.

“We are demanding freedom of expression because we have been denied this basic right. Youths in Yangon and Mandalay have been charged for their struggle for freedom of expression. So how can we speak about how we are suffering? How can we speak about human rights abuses?” Sut Seng Htoi, the spokesperson of the Kachin Youth Movement, said to NMG.

According to Sut Seng Htoi, the participation of SYCB members in the protest is a source of strength for Kachin youths.

“The participation of SYCB is great because these youths have had the experience of being charged by the authorities. We can work together to build a genuine federal democratic country. We can cooperate in non-violent demonstrations, which are a part of democratic culture,” Sut Seng Htoi added.

Meanwhile, the authorities have continued to press charges against activists. At a protest held last Thursday, Kachin activists N’khun La Nu and Malan Hkar Mai were charged by police for holding unauthorized placards.

Nearly 300 people, including Kachin civilians displaced by conflict, members of various Kachin youth groups and civil society organizations, local people, and SYCB members, joined the protest in Myitkyina on Monday.

BNI

Rangoon police said they filed a criminal lawsuit against the organizer of a demonstration that called for an inquiry into the killing of a journalist. Organizers of a similar protest in Mandalay could also face criminal charges. Police told The Irrawaddy that youth activist Moe Thway of Generation Wave is being charged under Article 18 of the Peaceful Assembly, which bans holding an unauthorized protest and can result in a prison terms of up to six months. "We filed a lawsuit against Moe Thway and party under Article 18, but we are still analyzing which of the protesters will be charged," an officer at Kyauktada Township Police Station said on Monday, before declining further comment. On Sunday, some 200 representatives of activists groups and civil society organizations, including the prominent 88 Generation Peace and Open Society, gathered in front of Rangoon's City Hall to demand justice in the case of the recent killing of reporter Aung Kyaw Naing. Last Friday, the Interim Myanmar Press Council said it had been notified by the Burma Army that the freelance journalist, also known as Par Gyi, had been arrested by the military in Mon State on Sept. 30, interrogated and later killed. Moe Thway said he sent a letter to Kyauktada Township Police Station on Friday asking for permission to hold the protest, but received no reply. He said he went ahead with the event as planned regardless. Moe Thway said he called Kyauktada police on Monday and learned that he had been charged. He added that he had not yet received official notification of the lawsuit. In Mandalay on Monday night, about 200 activists and demonstrators also assembled to call for justice in the case of the slain journalist. Organizers said authorities had turned down their request to hold a protest, but they had gone ahead anyway. "We informed the police about the protest on Sunday. The police gave back the letter and replied that they don't allow it at such short notice," said Thein Aung Myint, a Mandalay-based activist with the Movement for Democracy Current Forces. Thein Aung Myint said he feared that those who sent the letter and some of protestors could face criminal charges, adding that during the event police had shown up to question the demonstrators and discourage them from protesting. Moe Thway said he had noticed how Kyauktada police a week before had needed only one day to grant permission for a protest calling for fair treatment of two Burmese migrants in Thailand, who are being accused of killing two British tourists. He said he believed this indicated that police were using the Peaceful Assembly Law to thwart politically sensitive demonstrations. "They permit the protest depending on the cause of the protest. It is not good, it seems like they can do with the law whatever they want," he said.

The Irrawaddy

Crowds gathered in downtown Rangoon on Sunday the 26th October to demand a full investigation into the death of freelance reporter Aung Kyaw Naing, commonly known as Par Gyi, who was reportedly killed in custody of the Burma Army. On Friday, news emerged that the Interim Myanmar Press Council had been notified by the military that Par Gyi had been abducted in Mon State on Sept. 30, interrogated and later killed, with the army claiming that he was affiliated with a Karen rebel group. The military's statement said that on Oct. 4, Par Gyi "tried to seize a gun from a guard and run away; then he was shot dead by the guard." His body was buried and his family was not notified. Concerned citizens reacted quickly, gathering in front of Rangoon's City Hall, some carrying placards reading, "Restore justice and security for citizens" and "Stop brutality." "Ko Par Gyi is a journalist, a politician and a citizen," said Ko Ko Gyi, a prominent activist and leader of the 88 Generation Peace and Open Society movement. "His death shows that we do not have protection of the law." Ko Ko Gyi added that the statement produced by the Burma Army was sent to the Press Council nearly one month after Par Gyi's disappearance, suggesting that the government may have been concealing abuses and must provide answers to the public. "This case shows that the army is clearly abusing human rights," he said. "If they do not take action and reform, there will be a confrontation between the citizens and the army." Some protesters said that what happened to Par Gyi is not uncommon in conflict-affected ethnic areas, but that the case should be considered an alarm for citizens and an opportunity to demand justice. UPDATE 6th November: The body of a Myanmar journalist killed in military detention showed signs of trauma consistent with torture, according to a lawyer representing the reporter's widow, after it was exhumed by a forensics team Wednesday 5th November as part of an investigation into his mysterious death. Around 100 people gathered at the shallow grave site in Kyaikmayaw township in southeastern Myanmar's Mon state to witness the exhumation of freelance reporter Aung Kyaw Naing-also known as Par Gyi-including his widow Ma Thanda, political activists, lawyers and authorities. Members of the Myanmar military directed the group to the site. After the body was removed from the grave it was taken to the General Hospital in the Mon state capital Moulemein for further examination to confirm the identity and to determine the cause of death. Lawyer Robert San Aung, who is representing Ma Thanda and who was present at the exhumation, told RFA's Myanmar Service that Aung Kyaw Naing had likely died "as a result of torture" based on the appearance of his corpse. "Upon observing the body, the injuries indicate that his death was caused by excessive torture," he said. "This[conclusion] is based on my whole life of experience and on the science of criminal cases. It is also because there did not seem to be any gunshot wounds on his body." Robert San Aung rejected claims by the military that Aung Kyaw Naing had been given a proper burial after his death. "The burial site was about 800 meters (half a mile) from the village of Shwe Wa Chaung-one has to walk quite a ways to get there. It is on farmland and there are bushes around it," he said. "It is not in the village cemetery at all. That is why we reject the statement that a proper burial was given. There was no coffin or even a bamboo mat in the grave." The lawyer said that Aung Kyaw Naing's body was buried under "no more than one foot (30 centimeters) of earth" and had been interred with his clothing on. He said the body would undergo an autopsy and then be returned to Aung Kyaw Naing's home in Myanmar's commercial capital Yangon for burial with the assistance of the city's Free Funeral Services Society. A report by the Democratic Voice of Burma quoted eyewitness Nay Myo Zin from local civil society group Myanmar Social Life Development Network as saying that the corpse showed signs of a broken jaw, a caved-in skull and swelling on the torso indicating broken ribs. "It is completely clear that Ko Par Gyi was tortured," he told DVB. Aung Kyaw Naing's widow, Ma Thanda, confirmed that the body was that of her husband, the report said. Wednesday's exhumation is believed to be the first time that Myanmar's Army has ever fulfilled a request to produce the body of a civilian casualty. Aung Kyaw Naing was killed in military detention last month after documenting clashes between government forces and rebels in Mon state, according to reports. The Ministry of Defense had said that he was shot dead on Oct. 4 while trying to escape military custody in Mon state's Kyaikmaraw township, accusing him of being an information officer for a branch of the rebel Democratic Karen Benevolent Army (DKBA). The DKBA however disavowed any links with Aung Kyaw Naing, who had served as a bodyguard for opposition leader Aung San Suu Kyi in the 1980s. On Oct. 31, President Thein Sein ordered Myanmar's National Human Rights Commission to fully investigate the case after immense public outrage and calls from foreign entities. The order followed a complaint filed by Ma Thanda at the Kyaikmaraw township police station, demanding that authorities conduct an investigation into the death of her husband, and calling on the authorities to exhume the body in her presence as part of the probe. Local and International nongovernmental organizations, including Thailand-based Association for the Assistance of Political Prisoners (AAPP) and New York-based Committee to Protect Journalists (CPJ), had dismissed the Defense Ministry's statement and joined in the call for a probe into the killing. Civil society groups had also held mass protests in Yangon and in the northern city of Mandalay over the killing, demanding an immediate and independent probe. UPDATE: 12/ 05/ 2015 A military court's decision to acquit and unconditionally free two Myanmar soldiers accused of killing a freelance journalist prompted his widow and lawyer on Monday to vow to appeal the case to higher authorities, following a hearing on the case in a southeastern province. Reporter Aung Kyaw Naing-also known as Par Gyi-died in military custody last October after he was arrested while covering fighting between the government army and Karen ethnic rebels in southeastern Myanmar's Mon state. The country's Ministry of Defense said he was shot to death by government soldiers who claimed the journalist was trying to flee custody because he was an information officer with the rank of captain in the Karen armed ethnic rebel group. Doctors who performed an autopsy on his exhumed corpse last November found that five gunshot wounds, including one on Par Gyi's chin, two on his chest, and one each on his thigh and heel, caused his death, and that his corpse showed signs of torture.The Myanmar National Human Rights Commission[MHRC] conducted an investigation and recommended the case be heard in a civilian court. But the military overruled and said it would be held in a military court because Aung Kyaw Naing died during conflict. "We will let the president, commander-in-chief and people from the Myanmar National Human Rights Commission know about it," said Robert San Aung, the prosecuting lawyer representing Aung Kyaw Naing's widow Thandar, referring to the disputability of the military court's decision under the country's constitution. He made the comment to RFA's Myanmar Service during the latest hearing related to the case at Kyaikmayaw township court in Mon state. Thandar said she would send a letter to Senior General Min Aung Hlaing because the military court released the two soldiers, Lance-corporal Kyaw Kyaw Aung and Private Naing Lin Htun, accused of murdering her husband. "Although I filed a case on behalf of Par Gyi's death, I am a witness, and deputy chief of police Tin Oo of Kyaikmayaw township is a plaintiff today," she told RFA's Myanmar Service. " I have to testify about everything I have done. I have seen and heard about his case." Differences in testimony results The hearing came about after the MHRC report issued on May 8 noting differences in the results of testimony by division military headquarters and what the prosecuting attorney had.For example, when the trial of the two accused soldiers was set at a military court, the chairman of military court, Colonel Win Zaw Oo, said Par Gyi was shot by a lance corporal, said Robert San Aung. "We complained that the wound should be in the back or side if he was shot by a lance corporal, but why did he have a wound under his chin?" he said. " The military official couldn't answer our question."The trail was set after a week so that the military officials would have time to provide answers, he added."Actually, the chairman of the military court, Colonel Win Zaw Oo, should take action against these military officials according to their testimonies that day," he said. The two military officials said Aung Kyaw Naing snatched a gun from one soldier, which discharged and shot him, Robert San Aung said."Even if it is true, Par Gyi should be have been dead at that point from the bullet that went into his chin and exited his head, but he was shot with many other bullets again," he said. "It is not reasonable."The testimonies were approved by division military headquarters, but not yet by the commander-in-chief. We are going to request a new trial or that the case be handed over to a civilian court." Thandar blasted the MHRC report, saying it was neither comprehensive nor impartial, and called for a new and independent investigation into her husband's death, Democratic Voice of Burma reported.MHRC chairman Sit Myint told RFA that his organization recommended that Aung Kyaw Naing's murder be held in a civilian court according to the constitution and to ensure transparency. The commission then submitted the latest information it had on the case to the Ministry of Defense. "We examined and searched the details everything related to this case and put what we saw in our report, he said. "The military court did that case within the power and rights it has. We[the commission] can't do anything more than what we have done. I don't know what the lawmakers will do for the next step."He pointed out that the commission could not request a new trial on the case that was already made under orders from military or civilian courts."It is almost impossible that we can do something about that case," he said. UPDATE: 27/ 05/ 2015 Fifth civilian court hearing in Par Gyi case The fifth court hearing into the killing of freelance reporter Par Gyi took place at Mon State's Kyeikmayaw township court on Monday. "The court in the hearing today heard accounts from four civilian witnesses, two of whom were eye witnesses. They all testified," Ma Thandar, Par Gyi's widow, told DVB on Monday. A date was also set for the next hearing, which will take place on 1 June. Par Gyi, also known as Aung Kyaw Naing, was killed in military custody in September after being arrested by government forces while embedded with the Democratic Karen Benevolent Army. The Burmese army said he was shot while trying to escape, but the injuries discovered when his body was finally exhumed after a long campaign by his widow Ma Thandar were not concurrent with that version of events. subsequent investigation by Myanmar Human Rights Commission proposed that the case should be heard in a civilian court. However, the military overruled that recommendation, insisting it would instead be heard in a military court as the death occurred during conflict, resulting in two parallel cases. Ma Thandar said that she sent a letter of complaint to government bodies following the acquittal of two servicemen of charges relating to Par Gyi's killing by a military on earlier this month. Lance-Cpl Kyaw Kyaw Aung and Pvt. Naing Lin Htun on 8 May were released unconditionally by a martial court after being detained under Article 71 of the Military Code (court martial procedures) and Section 304 of the Penal Code (culpable homicide). Ma Thandar said she wrote to 21 different government departments, including the President's Office, the office of the commander-in-chief, and the parliamentary Rule of Law and Tranquillity Committee, led by National League for Democracy leader Aung San Suu Kyi. "I sent out a letter complaining about the army's claim that the two servicemen had been acquitted in accordance with the 2008 Constitution. I want to point out that in that case, the 2008 Constitution can only protect soldiers but not civilians. My husband was arrested in a crowded downtown area, and no legal procedures were followed throughout his interrogation. "He was not charged in accordance with the law, but the soldiers who caused his death were apparently released in accordance with the 2008 Constitution," said Ma Thandar. Previous hearings were held at the Kyeikmayaw court on 10, 23 and 30 April, and 11 May.

The Irrawaddy | Radio Free Asia | Radio Free Asia | Democratic Voice of Burma

Five staff members of the now defunct 'Bi-Mon Te Nay' weekly news journal have been found guilty of sedition charges and sentenced to two years each in prison by Rangoon's Pabedan Township Court. Kyaw Win, a defence lawyer for the five - two editors, one reporter and two publishers - said the court on Thursday the 16th October found them guilty for "defamation of the state". "They were given the maximum sentence under Article 505(b) - two years each in prison," he said. The charges were levied after 'Bi-Mon Te Nay' (literally 'Bi-Midday Sun' news journal) published a report in July repeating an activist group's claims that Burmese opposition leader Aung San Suu Kyi had teamed up with several ethnic politicians to form an interim government. Kyaw Win said the defence team had previously appealed for the five defendants to be charged under the Media Law, but the motion was denied. He said they are now preparing to appeal to a higher court. Zaw Thet Htwe, a news editor and spokesperson for Burma's Interim Press Council, said he was frustrated to hear the verdict. "The sentencing of 'Bi-Mon Te Nay' staffers indicates a lack of communication and coordination between the country's three estates, and it gives me the impression that the judicial sector is not very fond of the media," he said.

Democratic Voice of Burma

Two well-known activists have been sentenced to three months in prison for violating Burma's controversial Right to Peaceful Assembly and Peaceful Procession Act, after staging a rally without prior permission from local authorities. Win Cho and Wai Lu, who have both faced multiple charges and prison terms under the controversial statute, were convicted of organising an unlawful demonstration on 26 March 2014 against a sudden electricity price hike in Rangoon. The ruling was handed down by Rangoon's Kyauktada Township court on Monday, according to their lawyer, Robert San Aung. Win Cho, a prolific community organiser and member of the Myanmar Social Development Network, has been charged dozens of times for his role in protests over land rights, economic hardship and other causes common across Burma. Shortly after the energy price demonstration in March, Win Cho was jailed for his involvement in an unrelated protest two months earlier, when he was joined by hundreds of farmers demanding constitutional reform and the establishment of a farmers' union. He and fellow activist Nay Myo Zin were swiftly jailed, serving a total of 84 days in Insein Prison. The two were released on 25 June after serving out their full three-month sentences. Wai Lu, the other activist sentenced on Monday, was hit with an additional one-month sentence for his role in another demonstration over the eviction of central Burma's Moehti Moemi gold miners. The small-scale mine operators lost their jobs and homes when the government granted a mining concession to a major conglomerate in June 2012. After the work freeze, more than 100 displaced miners sought refuge in a nearby monastery where they faced a series of eviction threats and were subject to a early-morning raid in March at which about 50 people were arrested. Monday's sentencing was the latest in a long string of jail terms for peaceful protestors since the reform process began. The country's assembly laws have been oft-criticised for granting sweeping powers to authorities to arbitrarily detain activists. Among the most contentious edicts is part of Section 18 (often mislabelled as "Article 18?) of the Right to Peaceful Assembly and Peaceful Procession Act, as it requires the permission of local authorities for all public gatherings. Claims abound that permission is discriminately denied under the broad terms outlined in the law. Amendments made to Section 18 earlier this year have been called a "disappointment" by rights monitors, who argue that while the changes reduce sentences, the legislation still endangers the principle of freedom to assemble, which is enshrined in Article 534(b) of Burma's Constitution.

Democratic Voice of Burma

Land rights activist Sein Than was sentenced to four months in prison on Wednesday, lengthening his term to eight months following another ruling issued on Tuesday. Sein Than was convicted of violating Burma's Peaceful Assembly and Peaceful Procession Act in two separate townships for spearheading an unpermitted protest against an alleged land grab in Michaungkan, Rangoon Division. The activist's daughter, Nay Nwe, told DVB on Thursday that Rangoon's Bahan Township issued the second ruling for the same offence he had already been convicted of. Sein Than led a group of protestors to the home of opposition leader Aung San Suu Kyi to deliver documents and plead their case. "My father was charged under Article 18[the Peaceful Assembly and Peaceful Procession Act] for leading a rally in front of Daw Suu's house, where we went to hand her documents about our case and ask for her assistance," said Nay Nwe. He has faced the same charge in several other townships, including Pabedan and Latha, all pertaining to his activism surrounding the Michaungkan land-grab case. In March, Sein Than helped organise an encampment in front of Rangoon's Maha Bandoola Park, where hundreds of protestors participated in a sit-in that continued until they were forcibly removed by authorities. Periodic re-occupations have since resumed as the 24-year struggle to retrieve the disputed land continues. The protestors say they were evicted from their homes in the suburban Rangoon township in a land grab by the Burmese military in 1990. When Sein Than appeared in a Latha court on Tuesday, around 80 protestors showed up in matching t-shirts to support him. Lawyers and activists have criticised the government for allowing the trial to proceed in multiple townships for what is essentially the same charge. Robert San Aung, a well-known attorney in Burma who often defends activists, argued that the multiple trials contravene the country's penal code. "According to the Code of Criminal Procedure, Article 234, a person must undergo only one trial for three different counts of the same kind of offence if they are committed within one year," he said. "This is against the law." Aung Thein of the Myanmar Lawyers Network said that a defendant has the right to appeal to a higher court and upon doing so, can request to have the sentences combined. "The defendant faced charges by police in several townships, but he has the right to appeal to the district court to concurrently serve sentences for the same offence," said Aung Thein. Sein Than is still awaiting verdicts for similar charges in two other townships.

Democratic Voice of Burma

Over 50 journalists and their supporters have been charged for protesting illegally after they attempted to take their calls for media freedom directly to Burmese President Thein Sein. The demonstration was held on Saturday, one day after five media workers from the now shuttered Unity Weekly journal were sentenced to ten years in prison with hard labour. They were found guilty of exposing state secrets after a January report alleged the existence of a "secret chemical weapons factory" in Magwe Division. Thein Sein was due to meet reporters after discussing Burma's developing arts scene with local celebrities at the Myanmar Peace Centre (MPC) in Rangoon. Journalists covering the press conference arrived at the MPC wearing T-shirts emblazoned with the slogan, "Stop Killing Press." They were stopped from entering by police. Instead, they lined up in front of the building, laid down their cameras and taped their mouths shut in silent protest. Aung Thura, chief reporter at popular news journal 7-Day Daily, said the protest was to express their disappointment with the recent verdict concerning Unity Weekly. "We want to express our disappointment with the ten-year sentence handed to the Unity Weekly staff and with the current oppression of media freedom," he said. "In protest, we are not covering the Myanmar Peace Centre event." More than 50 participants have now been indicted for protesting without permission - a charge that Burma's authorities regularly employ to stifle rallies. Maung Maung Oo, deputy superintendent of Kamaryut Township police, confirmed the charge. "We are taking action under Article-18," the officer told DVB on Saturday. "There are about 50 reporters facing charges." Saturday's crackdown marks the largest group of people charged under the Peaceful Assembly and Peaceful Procession Act, a law enacted by Thein Sein's government. It is not the first time journalists have been slapped with the charge, as they fight for the right to report in the face of a perceived curtailing of Burma's media freedoms. Zaw Htet Htwe of the Interim Press Council, told DVB last week that the Unity verdict could be taken as an indication that all media are at risk of prosecution in Burma "at any time". "The government will not tolerate us touching upon issues about the nation, about government policy or politics," he said.

Democratic Voice of Burma | Democratic Voice of Burma

Four activists who organised a protest against sexual violence in the town of Matupi in Chin State have been charged for staging a rally without permission - Chapter Three of Burma's controversial Peaceful Assembly and Peaceful Procession Act. Women's rights activists Thang Zin and Khin Lwe Parh, and Chin Youth Organisation members Mong Han and Tate Manh, were summoned to the Matupi police station around noon on Wednesday after they had led some 200 local demonstrators through the streets the two previous days. "The women were interrogated by police who informed them of the charges and instructed them to wait for the court summons," said Mai Alli of the Chin Women's Association. "The local police chief apparently told them not to be worried - as they might be let off with just a fine." The two Chin Youth activists, Khin Lwe Parh and Thang Zin, were released on bail at around 5pm on Wednesday. Khin Lwe Parh later told DVB that she led the protest to raise awareness and call for an end to rampant abuses in the region, including domestic violence, and said she would face any charge for doing what she believes in - promoting female empowerment. "I will go to prison and take whatever punishment they give me for doing what I can for women's rights," she said. Thang Zin said she will continue to educate women so they know their rights, and to protect and defend them in cases of sexual and domestic violence. "There is a tradition in Burma that women are not allowed to talk back to their husbands, and due to a lack of rule of law, they are reluctant to make an issue of the domestic violence they suffer, which encourages the perpetrators even more," she said. "We staged the protest to raise awareness, and encourage women not to be afraid to speak out." Another group of female activists who held a similar protest in nearby Rezua sub-township concurrently with the rally in Matupi have also been summoned by police. The organisers of the two protests requested permission from local authorities and police prior to the events in accordance with the law, but their applications were rejected.

Democratic Voice of Burma

Burma's Parliament has amended the Peaceful Assembly Act, a widely criticized law responsible for the imprisonment of many political activists, but lawyers say the amendments are largely cosmetic and will have little practical effect. Enacted in 2011, the Peaceful Assembly Act required people to receive permission from authorities before staging public demonstrations, with penalties of up to one year in prison for violators. Protesters could also be imprisoned for up to two years for causing unrest during their demonstration. State-run newspapers announced on Wednesday that Parliament had amended eight articles of the law, cutting in half the prison sentences for these offenses. But legal experts said other amendments were superficial-consisting of slight changes in wording to appease critics. For example, lawmakers removed language from the law that described how authorities can "deny" permission for a public protest. Instead, the amended version says authorities can decide not to "issue" permission if applications are not in accordance with the law. As with before, a protest will not be allowed if it might disturb pedestrians or if participants plan to "say things or behave in a way that could affect the country, union, race or religion, human dignity or moral principles." Chants must be approved prior to protests. The amended version also contains some changes that could make life more difficult for protesters. It says authorities no longer need to inform applicants in advance if they decide not to issue permission. Applicants also no longer have the right to submit an appeal. Aung Thein, a veteran Burmese lawyer, accused lawmakers of playing word games and said the government has retained the power to restrict free expression. "Since the law is in their hands, they can simply say the reasons for the protest are unlawful. It will be denied if they do not want to give permission," he told The Irrawaddy. Other lawyers and activists called on Parliament to abolish the law entirely. "There are some reduction in penalties, but we cannot call this positive change or say the situation is improving," said Robert San Aung, a prominent lawyer who has defended activists charged with violating the law, when asked about the amendments. "If the government really wants to practice democracy, a law like this, which limits freedom of expression, must be abolished." Since President Thein Sein's government enacted the Peaceful Assembly Act in December 2011, rights activists and protesters, especially those demonstrating against the confiscation of farmland, have been arrested and prosecuted under the act. Naw Ohn Hla, a famous rights activist, was sentenced to two years in prison under the act. "Every citizen must have the freedom of speech and the right to protest. Until now we have needed to request permission to protest. This is not genuine democracy," she said. "If the government truly wants change, they should abolish the law. But now they are just tricking the people by showing very small amendments."

The Irrawaddy

A Myanmar reporter has been handed a one-year prison term for trying to interview an education official, his lawyer said Tuesday, in the latest prosecution to raise fears over press freedom in the former junta-run nation. Zaw Pe, a journalist for the Democratic Voice of Burma (DVB) news website, was convicted of trespassing and "disturbing a civil servant" by a court in the central town of Magway on Monday, lawyer Thein Tun told AFP. He was jailed along with Win Myint Hlaing, the father of a student who accompanied him during a visit to the education department in Magway region to follow up a story about a scholarship programme in August 2012. "They went into the educational office with a simple intention. The student's father went there because he wanted to know more information (about the programme) and Zaw Pe went in to report back to the people," said Thein Tun. He said both men were appealing their sentences. "DVB is confident that reporter Zaw Pe was fulfilling his responsibility as a news reporter," the news group said in a statement denouncing the court ruling, adding he was "working in the public interest". DVB was a prominent source of independent information during Myanmar's long years of junta rule, when it operated from Norway and Thailand, and several of its journalists were given lengthy prison sentences for covertly reporting within the country. The website was one of several foreign-based news organisations to be lambasted on a daily basis in Myanmar's state media for spreading "killer broadcasts" in the isolated nation. But reforms implemented by a new quasi-civilian government, including the release of political prisoners and increased press freedoms, have seen former exile publications operate legally from within the country. In 2012 Myanmar abolished draconian pre-publication censorship, which had stifled everything from song lyrics to books and newspapers. The country has since come under criticism for creating a number of new press laws that observers fear have created an opaque legal atmosphere for journalists to work in. Myanmar ranked 145th of 180 countries in the 2014 Reporters Without Borders press freedom index. In February, four journalists and the chief executive of the Unity Weekly News were arrested and charged under the official secrets act after they published allegations of a military facility producing chemical weapons. UPDATE 04/07/2014: Zaw Pe is freed from jail following the completion of his three-month sentence.

Bangkok Post | Democratic Voice of Burma

Four prominent right activists from the 88 Generation Peace and Open Society group were briefly detained in central Burma on Wednesday and charged with a controversial law that prohibits protesting without permission. The activists said they were taken to a police station in Pakokku Township, Magwe Division, after leading a demonstration-one of many currently taking place across Burma-in support of amending Burma's military-drafted 2008 Constitution before elections in 2015. Activist Than Naing said that he and three others who gave speeches at the rally-Pyone Cho, Mee Mee and Nilar Thein-were charged under Article 18 of the Peaceful Assembly Law. Than Naing told The Irrawaddy that his group asked authorities for permission to protest on March 17, but were rejected. The group also told the police again on Monday that they would be protesting. "They charged us with Article 18 for violating the law," he said. "They threatened us and told us we have to sign paper saying that we violated the law, but we refused to do it and told them to put us in jail. "We told them we informed them already that we would protest. Then, they released us." He said police told protesters that demonstrations were not allowed in the town because a proposed legal change to soften the rules around informing the authorities of a gathering was still being considered in Burma's Parliament. Mya Aye, an 88 Generation leader, said the police's explanation was unacceptable, and only went to show that they had no good reason to disallow the demonstration. "Protests were allowed in different townships. But we only had a problem in Pakokku," he said. "It is sad to see such charges against our members, and to see them[the authorities] using their power to threaten the people, just as Parliament is preparing to amend Article 18," said Mya Aye. "By charging our members, this could tarnish the image of the reforms in our country. It is sad to see it." Members of the main opposition National League for Democracy (NLD) and the 88 Generation group have announced a joint effort to try to amend the Constitution. The charter includes measures that ensure the military's place in national politics, and in Parliament, and a clause that means NLD leader Aung San Suu Kyi cannot become president, among numerous other unpopular clauses. But the coalition of campaigners has decided to first target Article 436, in Chapter 12 of the Constitution. The article gives the Burmese military an effective veto over constitutional amendments as it requires more than 75 percent of lawmakers-in a house where a quarter of seats are automatically filled by soldiers-to approve amendments.

The Irrawaddy

Activist Thaw Zin was handed a 15-month prison sentence at a court in Monywa on Monday for his role in helping local villagers protest against land seizures at the Latpadaung copper mine in Sagaing Division. According to Thaw Zin's father, Thein Dan, the former political prisoner was convicted to three months for criminal trespassing, and given concurrent sentences of six months for the crimes of "disturbing public tranquility" and "disobedience duly promulgated by a public servant". Speaking to DVB, Thein Dan said he initially believed the rule of law would prevail, but he was wrong. "I am sad, but what can I do?" he said. Local residents in the villages around Latpadaung, which is situated near Monywa in central Burma, rallied around, saying the verdict was unfair. "I am not satisfied with the verdict against Thaw Zin. The court was not impartial," said local supporter Than Myint. Thaw Zin was arrested by plain-clothed police on the morning of 11 February as he walked between Tonywa and Shwehle villages in Salingyi Township where the controversial copper mine is located. Htay Yi, an activist who was with Thaw Zin at the time of his arrest, said she was assaulted in the incident. Police rejected her allegation on the grounds that it did not qualify as an assault by law, "as it was not premeditated". Less than a week later, four Latpadaung villagers were charged by police for holding a demonstration to demand the release of Thaw Zin. The controversial copper mine project is a joint venture between Chinese company Wanbao and the Burmese military-backed Union of Myanmar Economic Holdings.

Democratic Voice of Burma

Police authorities in Mandalay Division's Pyin Oo Lwin have pressed charges against labour activist Su Su Nway for organising a massive protest over land grabs without first seeking official permission. On Monday, more than 1,500 farmers from villages around Pyin Oo Lwin marched to local government offices, calling for the return of 300,000 acres of farmland allegedly confiscated from them by the government and private companies. Organised by the Farmers Union Organising Committee, the police initially informed Su Su Nway, a coordinator for the union, that she was violating Article 18 of the Peaceful Assembly and Peaceful Procession Law, which requires a rally organiser to seek permission from the authorities before holding a demonstration. Markey, one of the leaders of civil society group 88 Generation Peace and Open Society - an organisation borne out of the 1988 student-led uprising against the then ruling military junta - told DVB on Wednesday that the police informed Su Su Nway the day after the protest that she had been charged. "Signed by the superintendent of the Pyin Oo Lwin police, the letter informed Su Su Nway that she had been charged under Article 18 and summoned to the police station," Markey said. "Su Su Nway responded to the police that she will not be complying with these instructions and that they may feel free to come and officially detain her at any time," he said. As of Wednesday afternoon, she had not been arrested. Originally from Rangoon Division, 43-year-old Su Su Nway has campaigned for labour rights for many years. A member of the National League for Democracy and a former political prisoner, she became the first person to successfully sue local government officials in 2005 under Burma's 1999 Forced Labour Law. Sentenced to 12 and a half years for protesting and activism in 2007 and 2008, she suffered ill-health in prison, exacerbated by long periods in solitary confinement. She was released on a presidential amnesty in October 2011, but immediately returned to the fray as a relentless campaigner for farmers who have had their lands seized. In a separate incident in Mandalay's Madaya Township, a group of local farmers also faced charges for violating Article 18 of the Penal Code by organising a "plough protest", an increasingly popular method of demonstrating by farmers who claim to have lost lands in seizures, mostly by the army during the time of military rule. Rights groups have slammed the government's policy of using Article 18 to arrest, detain and intimidate protestors who have staged demonstrations across the country over systemic government abuses such as land grabs. Thein Than Oo, a coordinator for the Upper Burma Lawyers Network - which focuses on assisting individuals prosecuted under Article 18 - said the law contradicts Burma's Constitution. "We believe that Article 18 of the Peaceful Assembly and Peaceful Procession Law is contradictory to the Constitution's Article 354, which guarantees freedom of expression," Thein Than Oo said. "The single purpose it serves is to oppress activists." Burma's Union Parliament on Wednesday passed a bill proposing amendments to Article 18. Protestors will still require written permission, but local authorities and police will not be allowed to reject a request to stage a rally without providing "valid reasons". Penalties for violating this article have also been halved, according to the bill, which currently awaits an endorsement from the president before it can be adopted into law.

Democratic Voice of Burma

The government's recent warning that politically active students may be subject to expulsion could be linked to a campaign supporting constitutional reform, legal experts and activists said. A statement by Burma's Ministry of Science and Technology (MOST), released on 9 June and distributed at some state-operated schools, warned that students who have been convicted on charges related to any political activities that result in "unrest" could be punished with expulsion. Critics have claimed that the vague language of the announcement could lead to abuse by educational administrators, and suggested that the move was meant to preempt involvement in a growing campaign to support amending Article 436 of Burma's military-drafted 2008 Constitution. "We have some questions regarding the definition of "politically-related offences'. We don't know exactly what that means," said Sithu Aung, a technological university student. "Now it's risky for us to participate in any activities." The concern is exacerbated by a handful of laws that some say have been used to punish activists, such as Section 505(b) of Burma's penal code, which broadly criminalises any activities that could cause "fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility." Any court ruling related to such charges would now come with additional academic penalties.

Democratic Voice of Burma

RANGOON - Burmese activists who publicly opposed a controversial interfaith marriage bill say they are receiving violent threats from anonymous callers. At least four activists have been targeted by threats after listing their contact information in early May on a public statement backed by nearly 100 civil society groups that objected to the bill. Since then, they have received anonymous phone calls and online messages threatening violence. One activist was forced to change her phone number after her original digits were posted on a Facebook page advertising prostitutes. Another activist, Aung Myo Min, says he has been urged to stop fighting the interfaith marriage bill, which places restrictions on marriages between Buddhist women and men of any other faith. "Some messages were like, "You will regret it. Stop working for this issue. If you continue, don't blame others for the consequences,'" the director of Equality Myanmar told The Irrawaddy. Khon Ja, a well-known women's rights activist from the Kachin Peace Network, said some anonymous callers have even used phone numbers from Thailand and Malaysia. "They called saying, "If you dare come to Mandalay, you will be dead when we see you," she said, adding that she wondered if the Association to Protect Race and Religion, a radical monk-led group promoting the bill, knew about the threats. Zin Mar Aung, founder of the Rainfall Gender Study Group,says she has received obscene messages on Viber, a phone application. She said one Viber group has been created with the name, "We will kill those who destroy the race." May Sabe Phyu, senior coordinator of the Gender Equality Network, says she is reluctant to connect to the Internet on her phone due to negative messages. "Once I connect, lots of Viber messages come up instantly, with some asking to call so we can talk," she says. Burmese civil society groups have grown increasingly concerned about the interfaith marriage bill, which is part of a package of four bills to protect race and religion. The other three bills would ban polygamy, enact population control measures and restrict religious conversion. The interfaith marriage bill calls for Buddhist women to receive permission from parents and authorities before marrying a man of another faith, who would be forced to convert to Buddhism. Opponents have criticized the bill as undemocratic and discriminatory. Some say it prevents women from making their own choices, while others believe it is intended specifically to prevent conversions to Islam. Aung Myo Min of Equality Myanmar said he is taking precautions with his safety following the threats. "If they are courageous, they need to tell us who they are and why they are doing this," he said of the callers. "It's like they are threatening us from the dark. "Our aim is not to destroy or disrespect race and religion. We also want to protect these. But there are some aims and concepts[in the bill] that we can't accept."

The Irrawaddy?PageSpeed=noscript)

Civil society organisations (CSOs) on Wednesday reiterated their worries to the government about a draft law they believe will restrict their freedom of association, and which is currently awaiting passage through the lower house of parliament. Drafted by the Ministry of Home Affairs last July, the legislation was met with vociferous criticisms from Burma's CSO community as its provisions required all organisations to register with the government and to face harsh criminal penalties - including prison time of up to three years - if they were unregistered. The draft law was re-introduced a month later as the draft Association Registration Law, with the obligation to register and the prison term stricken from its text. This passed through the parliament's upper house promptly and is expected to be discussed in the lower house this term. But the new version still carried clauses that CSOs believe could restrict their freedom to operate - such as limits to their activities if they are registered to a township, but not to an administrative region. They urged the parliament's Bill Committee and the Public Affairs Management Committee in a meeting last week to remove these provisions before it passed the lower house. In a press conference on Wednesday, CSO representatives said that if their concerns were not addressed, they would bring the complaint to Burmese President Thein Sein. "The Bill Committee said they have to negotiate with the Home Affairs Ministry and have been trying the best they can with it," said Soe Tun of the 88 Generation Peace and Open Society, an organisation borne out of the 1998 student-led uprising against the government. "We decided to boost our efforts by reaching out to the President's Office since we have tried all we can with our approach to parliament." Kyaw Thu, a former actor and film director who is now the founder and president of charity group Free Funeral Service Society, appealed to the government to allow the CSOs' work to continue without complicated restrictions. "Imposing restrictions on CSOs focused on humanitarian work is like shackling the Lord Buddha, who taught us to be kind and humane," Kyaw Thu said, who vowed to continue his group's work even if the law is passed. "The government needs to have some compassion when drafting a law like this," he said.

Democratic Voice of Burma

RANGOON - An opposition land rights activist in Burma, also known as Myanmar, has been shot and killed in a remote village in northern Shan State. Neighbors said Sai San Tun was taken away from his house late Wednesday by two men and gun shots were heard minutes later. His body was found Thursday. Tin Maung Toe, another local member of the National League for Democracy, said the victim had been leading villagers in a campaign against land confiscation. "At the beginning of this month, he was helping to solve the issues of land confiscation and money extortion by the village chief. Villagers' lands have been grabbed by a military unit (LID 249). The unit said the lands would be returned, but not yet, so far. Actually he had good relations with the military," he said. Officials have not commented on the corruption allegations. A similar incident occurred last month when another member of the NLD was killed in a nearby township in Shan State. No one claimed responsibility for the killings. A police officer who did not want VOA to use his name said both cases were under investigation. The issue of land confiscation is a sensitive issue in many parts of Burma, where officials are frequently accused of colluding with companies to take land for profit.

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On 22 October 2013, two military Special Branch officers came to Aung Zaw Oo's house at 3:45 p.m. They reportedly offered the removal of Aung Zaw Oo's name from a political activists watch list in exchange for his signature on a written statement committing him not engage in political activities. Aung Zaw Oo reportedly rejected this request. On 24 October 2013, as Aung Zaw Oo was leaving an internet caf_, a man on a motorbike ran into him. Aung Zaw Oo narrowly escaped serious injury. On 26 October 2013, a man on a motorbike again reportedly tried to run him over from behind. On 27 October 2013, as Aung Zaw Oo was on his way to a bus station a motorbike reportedly ran into his right arm. Following this, Aung Zaw Oo informed the police special branch of these three incidents. On 3 November 2013, while Aung Zaw Oo was driving his motorbike home from work, another motorbike reportedly intentionally crashed into him. Aung Zaw Oo was reportedly left unconscious by the impact, with his motorbike badly damaged. He woke up two hours after the incident with severe head pain, and received five days of treatment in Taungyi Sissan Tun Hospital. He is reported to still be experiencing head pain, backbone pain, and pain from a rib injury. Aung Zaw Oo reportedly informed the police about the incident and was told that this was a case for the traffic police. He then went to the traffic police office and asked to file a case. On 8 November 2013, the traffic police reportedly told Aung Zaw Oo that his claims were false and that the location of the incident was incorrect. They subsequently asked Aung Zaw Oo for proof of ownership of his motorbike, which he was not able to provide, and was subsequently reportedly accused of receiving stolen property. When Aung Zaw Oo went to the hospital to request his medical records, he was reportedly told by the hospital staff that the police had ordered them not to provide Aung Zaw Oo with his records. One of the motorbikes that hit Aung Zaw Oo is reported to have had a 969 sticker and a sticker depicting a leaf on one of the knee guards of the driver, allegedly indicating that he was a youth member of the 969 movement.

UN OHCHR

On 15 July 2013, Mr. Kyaw Hla Aung was taken by police from his home in Thet Kae Pyin, Sittwe, and since then has been held in police custody for questioning. To date, he is being held for questioning reportedly based on accusations relating to protests against the verification exercise within the Muslim village and internally displaced persons (IDP) areas that took place on 26 April 2013. On 26 April 2013, the local government of Rakhine State began implementing a "verification exercise' among Muslim IDPs and villagers currently present in Sittwe Township to provide the Government with accurate household and population data to implement short and long term development plans. The exercise was reportedly conducted by a joint team of immigration officials, police and the border security force (Nasaka). Village household holds and IDPs were reportedly given leaflets informing them about the exercise, and meetings were held with community leaders between 7 and 25 April 2013. In these meetings, the community leaders were told that non-cooperation would be considered a refusal to comply with the rule of the law and that legal action would be taken accordingly. When being told of the forms requiring Muslim IDPs and villagers to be registered as Bengali, the community leaders reportedly repeatedly stated the unwillingness of community members to be registered as Bengali. The exercise began in Thet Kae Pyin and Baw Du Pha, where several individuals objected to being registered as Bengali. In both locations, children from the local schools, reportedly went into the street and shouted they were Rohingya. Observers described the incident as small in scale and mainly involving children and youths. Some stones were allegedly thrown that resulted in some members of the verification team being lightly injured. Following these incidents the verification exercise was suspended. Mr. Kyaw Hla Aung is 74 years old and is in ill health with high blood pressure and swollen joints, and is often in pain from his arthritis and cannot move easily. He takes medication for both. Concerns are expressed that the detention of Mr. Kyaw Hla Aung may be linked to his human rights activities as a community leader. Further concerns are expressed for his physical and psychological integrity while in detention, especially in light of his weak health condition which requires adequate medical treatment.

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On 5 April 2013, Mr. U Than Htun, resident of Pandaung Township, Pyay District, Bago Region, was brought to the Pandaung Township Police Station after an argument with another villager and was released on bail three days later. It is reported that Mr. U Than Htun was actively working for farmers in the Kyar Inn Village (Old) Tract where the National Resource Development Cooperation Company (NRDC) is in a dispute with cultivators over rights to the land. As a result of his role in supporting the farmers, he had been interrog ated four times,and was among 17 people sued by the company. On 17 May 2013, over a month after the incident, Mr. U Than Htun received a letter from the police calling him in for interrogation at the Pandaung Township Police Station on 19 May 2013 at 4.00 p.m. A family member brought Mr. Than Htun to the police station where he immediately got detained despite the fact that he was previously granted bail by a court's decision. On 23 May 2013 at 10.30a.m, police officers came to the residence of Mr. U Than Htun and informed the family that he had been hospitalized at the Pandaung Township Hospital due to his alcoholism. Later that day, the family was reportedly informed that he died due to the effects of alcoholism before arriving at the hospital. Furthermore the police authorities explained that Mr. U Than Htun allegedly hit himself with an iron pole during interrogations as a result of his alcoholism. It is reported that the family took photographs of Mr. U Than Htun's body that depict scars and bruising on his face, legs, and ribs from what is alleged to be the results of beatings with a rubber truncheon; there are lacerations on his two wrists from allegedly prolonged handcuffing. According to the information received, other photographs showed that his face was heavily bruised and deeply swollen. Furthermore, it is reported that the ribs on his left side were broken and there were scars and bruising on his legs from the rolling of a rubber truncheon, which is allegedly a well-known technique of torture in the country. It is also alleged that the post mortem examination revealed that Mr. U Than Htun did not die due to any type of organ failure. It is also reported that when the family tried to recover Mr. Than Htun's clothes as evidence, the police refused to hand them over. Furthermore, it is reported that the police agreed to cover the expenses of the funeral, but did not agree on returning the body of Mr. U Than Htun back to his family. According to the information received, the family tried to lodge a complaint against the commander of Pandaung Township Police Station on 24 May 2013. According to the information received, the death was listed for an inquest which allegedly hindered the family from registering a complaint. It is also reported that on 28 May 2013 the family allegedly succeeded in lodging a complaint. However, it is reported that the court of first instance dismissed the complaint for unknown reasons. Finally, it is reported that in Myanmar, torture is widespread in police stations where it most commonly takes the form of beatings and other blunt methods intended to cause pain and obtain a confession. According to information received, this is also due to the pressure on police officers to take immediate action in criminal cases and to report any results immediately to the higher authorities, which allegedly leads to the use of torture to obtain confessions from suspects. Furthermore, torture is not defined as a criminal offence in the national legislation and police officers are rarely held accountable for abuses committed on detainees in custody. It is also reported that in similar cases, police authorities usually claim that the victims have died as a result of their medical condition. 22/07/13: A Joint Allegation Letter sent to Burma by Special Rapporteur on the situation of human rights in Myanmar; the Special Rapporteur on the situation of human rights defenders; the Special Rapporteur on extrajudicial, summary or arbitrary executions; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. 29/10/2013: Burma provided a short but substantive response.

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Myanmar Wanbao Mining Copper Ltd has confirmed that it has pressed kidnapping charges against activists who detained two of its Chinese employees overnight while demanding that the mining project be closed down. Speaking to DVB on Monday, Wanbao spokesman Dong Yunfei said that the firm had pressed charges of kidnapping at the police station in Monywa against whoever was responsible for detaining their staffers on 18 May. "We cannot accept this kind of criminal action, whether it is against our Chinese or Myanmar employees," he said. "It is terrible." He said that the two Chinese employees - Lu Yuanhao and Miu Jie, both 23 - had their hands bound with rope and held for more than 30 hours by local villagers. He told DVB that the men were not hurt or harmed during their detention, although an earlier press release stated that the men had been beaten and that death threats had been issued. The Wanbao spokesman said that one of the detainees, Lu, was now suffering from mental trauma because of the ordeal. "He[Lu] wants to return to China for treatment, but we have requested that he stay here[in Burma] while legal proceedings take place," he said. A third abductee, a 21-year-old Burmese driver for the company named Khin Aung Moe, was released by his captors shortly after the three had been taken to the village of Set_. Locals villagers from Latpadaung held a press conference on 22 May at the Myanmar Journalists Network office in Rangoon where they sought to clarify the abduction of the two Chinese nationals. A spokesman for the Latpadaung villagers insisted they did not kidnap the company staffs but only "detained" them for a short time while they stressed their demands regarding disputes over confiscated farmland. Sanda Thiri, the abbot of a Buddhist monastery in neighbouring Zeetaw village who helped mediate the situation, said the villagers decided to detain the two Chinese as they were surveying the area to build fences on farmland for which the locals had not agreed to accept compensation. "The villagers were disappointed with the company employees who continued fencing off their land even though compensation had not been agreed upon, despite repeated calls to desist sectioning off the disputed lands," said Sanda Thiri. "The two Wanbao employees were handed over to the company in the late afternoon on 19 May in front of the district administrator and a police commander who witnessed and confirmed that they had sustained no injuries," he said. "This was neither an abduction nor a kidnapping." Set_ residents at the press conference said locals from 26 villages in the area agreed on 19 May to hand over the two Chinese at Wanbao's liaison office in Latpadaung after local district administrator Zaw Myo Nyunt pledged to prevent the company from building fences on local farmland, and to allow farmers to work on vacant land plots that are not being utilised in the mining project. "I would like to make it clear that we did not kidnap the Chinese," said Mar Mar Shwe, a villager from Zeetaw. "They even admitted to us that they came to lay markers on the land to build more fences, and we treated them well before we handed them back to officials after the negotiations."

Democratic Voice of Burma

Mr. Wai Phyoi, Secretary of the NGO Generation Wave, was allegedly arrested by the Chief of Pyay Township police station in Bago Region at 11:30 a.m. on 10 July 2013. He was arrested at a hotel called Sweet Golden Land in Pyay, where he was running a Sustainable Development workshop. It is also alleged that the police came to the hotel and recorded the training and, after it was finished, asked him to go with them for a cold drink and took him to the police station where they arrested him. The police allegedly arrested him for a "Free Political Prisoners" poster campaign, which he organized in July 2011, charging him under the 1962 Printing and Publications Registrations Act for distributing unlawful printed documents. The campaign was organized in several cities, with Mr. Wai Phyoi leading the campaign in Pyay. Two other members of Generation Wave had previously been arrested in July 2011 in relation to the poster campaign and sentenced to three months imprisonment in February 2012. The warrant for the arrest of Mr. Wai Phyoi had been outstanding since then. Following Mr. Wai Phyoi's arrest on 10 July, police took him to Pyay Township court and asked permission from the judge to detain him for interrogation for two weeks. He was taken to the court again on 12 July and his lawyers applied for bail, which the judge denied. He is currently in Pyay prison, Bago Region. He will reportedly appear in court on 25 July 2013 for prosecution. 16/07/2013- JUA sent by the Special Rapporteur on the situation of human rights in Myanmar; the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; and the Special Rapporteur on the situation of human rights defenders. 15/08/2013- Burmese government's response.

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An Australian journalist covering protests in Burma was deported by authorities today, according to news reports. The Committee to Protect Journalists condemns the move. The exile-run news outlet Irrawaddy reported that today's case was the first time a journalist had been forced to leave the country since 2012, when President Thein Sein's administration started taking measures to address its restrictive anti-press practices. "Deporting journalists harkens back to Burma's half-century of military rule and is one of many signs that democratic reforms have been illusory," said CPJ Asia Program Coordinator Bob Dietz. "Burma should allow foreign journalists to enter the country and report freely." Angus Watson, 24, an intern video journalist for the exile-run news website Democratic Voice of Burma (DVB), flew out of Yangon today after authorities accused him of violating the terms of his visa by participating in a protest, according to news reports. Watson was covering protests in the Magwe region against a one-year jail term given to another DVB journalist last month, according to news reports. Ye Htut, a presidential spokesman and deputy minister of information, said in a statement on Facebook that Watson was on a business visa but had broken the law when he "participated in a protest that did not have government permission," The Associated Press reported. "Ye Htut's comment that I was involved as a protester is baseless," Watson told CPJ today. "I was at the protest only in the capacity as a DVB journalist. It seems as if my deportation is another attempt to intimidate media workers with the use of legal clauses unrelated to press law." Earlier this year, Burma's Ministry of Immigration began denying three- to six-month visas for foreign journalists working for exiled media groups, including DVB, according to Irrawaddy. Some were given visas for only two or three weeks. To counteract the move, some journalists with foreign passports began applying for business visas, while others had used business visas before the new restrictions were imposed, the report said.

Committee to Protect Journalist

On 4 June 2013, at approximately 15.30 hours police and military personnel came to Pa Rein village with some construction materials and workers for the construction of temporary long-houses. The village community had previously objected to the construction of the long-houses during several meetings with authorities, stating that they wished to construct their own houses on their original village location. The authorities arrived at the village in two boats together with about 30 workers from the neighbouring village of Led Mar. There were seven regular police and ten army personnel who accompanied the workers. A crowd of approximately 40 to 50 people gathered to protest against the construction, most of whom were women. Men did not join the protest due to fears of the police, though four to five men were present. Reportedly, some of the women may have become angry and verbally confronted the workers for some time at the scene. However, the protestors did not have weapons and did not resort to violence. When verbal arguments started, the security forces told the women to move back but they did not do so. The stand-off lasted for approximately one hour, after which shots were fired by the security forces in the air and allegedly directly into the crowd of protestors. It is not clear whether any order to fire had been given or any prior warning given that the security forces would open fire. When the shooting stopped, police and army personnel left the scene. When they had left, the villagers went forward to collect the injured and dead and took them to their houses. Three women were reportedly killed and five persons were reportedly injured (threemen and two women), all by gunfire. All the dead and injured had bullet wounds. In some cases, individuals were struck by bullets while they were in their house compounds and away from the immediate scene of the shooting and protest. Despite fatalities and serious injuries, the authorities, including the Township Administrator and Township Medical Officer, did not arrive in the village until 7.00 hours the following day (5 June). Two of the injured persons were taken to Sittwe hospital by an International Non-Governmental Organization. State medical staff reportedly saw the dead bodies and examined the wounds, but did not take the bodies for a post mortem examination. Furthermore, it is alleged that the authorities did not interview or ask any questions of the villagers. Access to the village was denied to some United Nations and other international actors by the authorities for some days following the incident. Among those reportedly injured are a boy of 15 years who suffered a gunshot wound to his knee when walking with his friends on the road to see what was happening, and a 25 year old woman, who was wounded in the lower left leg by a bullet when near a house close to the main road. 11 June 2013: A Joint Allegation Letter is sent by the Special Rapporteurs on freedom of expression, freedom of peaceful assembly and of association, human rights defenders, Myanmar, summary executions, torture, and violence against women. 22 July 2013: the Burmese government responds to the allegations, alleging that the protestors were in fact a heavily armed mob that attacked police officers.

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At 9am on 25 April 2103 in the Letpadaung copper mine area, at Sal Tal village, Sagaing Region, around 100 riot police and 50 soldiers arrived to remove dozens of farmers who had refused compensation from the owners of the Letpadaung copper mine, Chinese state-owned company Wanbao and the military-owned Union of Myanmar Economic Holdings Ltd. The farmers reportedly started ploughing their fields three days previously and the police and military arrived to remove the farmers. The farmers were reportedly beaten with batons and had rubber bullets fired at them by the police and military, resulting in injuries to ten of the farmers who are now in Monywar hospital, including one farmer who was allegedly shot in his arm and rib. Three activists involved in the protest were reportedly arrested and sent to the Wan-Bao company building. Stones were reportedly thrown at police lines by protestors and 15 police officers were reportedly injured. Subsequently, the commander of the Sagaing Region Police Force reportedly announced that the police will lodge charges against eight persons for allegedly provoking demonstrations and other alleged illegal actions. The persons named reportedly include six members of the Yangon People's Support Network:Ko Aung Soe (14 charges), Ba Htoo (9 charges), Thar Kyi (6 charges), Ko Latt (8charges), Thaw Zin (5 charges) and Ko Thu (1 charge). The two other persons are reportedly Han Win Aung of the Political Prisoners Families' Beneficial Network (5 charges) and Thaung Taik Oo of the Yangon Institute of Technology Students Union (18 charges). The announcement reportedly goes on to warn that failure to provide information leading to the apprehension of these persons or harbouring of them constitute criminal offenses. Aung Soe along with two other demonstrators are reportedly already being detained at Nyaungbingyi Police Station. On 2 May 2013, a Joint Urgent Appeal was sent to Burma by the Special Rapporteur on the situation of human rights in Myanmar, the Working Group on Arbitrary Detention, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights defenders, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Update 20/06/2013: another Joint Urgent Appeal sent by the Special Rapporteur on the situation of human rights in Myanmar, the Working Group on Arbitrary Detention, the Special Rapporteur on the rights to freedom of peaceful assembly and of association, the Special Rapporteur on the situation of human rights defenders, and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. Update 1/7/2013: Burma responded to the 2 May 2013 Joint Urgent Appeal with a clarification which stated that the 25 April 2013 protests were disbanded because they were held in a 'restricted area.' The communication claimed that those against whom charges had been laid had attacked or abetted attacks against police officers during the protest. Update 8/7/2013- Aung Soe (11 years, 6 months), Maung San (2 years) and Ko Soe Thu (2 years) have been sentenced to prison for their participating in the 25 April 2013 protests. They were all sentenced under section 505(b) (intent to cause alarm to the public) and 333 (voluntarily causing grievous hurt to deter public servant from his duty) of the penal code, with Aung Soe having additional charges under section 295 and 295(a) (intent to insult a religion). It is unclear whether charges were pressed against the other six activists mentioned above in connection with the 25 April protests. Update 16/08/2013: Burma responded to the 20/06/2013 JUA, providing the police's version of events and further information on the trials of those mentioned in the JUA. Update 05/10/2013: Burma provided further clarification to the 20/06/2013 JUA.

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The district administration of Pyay, in central Myanmar, on 27 January 2013 sent a letter to the Khetta Township administration head on the matter of "Permission to open political science instruction not granted"[Letter No. 5/95-1/Oo 6(0311)]. Under this heading, it refers to the community educator, Min Min, as a "so-called human rights activist" who had opened a political science class. The letter states that as no permission to open a course on political science had been granted, those persons responsible for the course ought to be prosecuted. On the morning and the evening of January 28 the township administration called Min Min and notified him that as he was teaching political science without a permit he was to close the programme until he sought authorization[Letter No.5/3-3/Oo 6(209)]. On January 29, as Min Min refused to comply, the administration opened a case in the township court[Letter No. 5/3-3/Oo 6(211)].The township court opened a case against Min Min under section 172 of the Penal Code. Yet, the charge itself does not correspond with the supposed crime, since its intention is to deal with cases of persons who abscond from summonses or similar orders, whereas Min Min made no such attempt to abscond and merely continued giving instruction in a manner that he legitimately believed to be legal and consistent with his country's democratic transition. The case against Min Min is ongoing, and he has been released on bail. The Olive Branch centre established by Min Min has as its aim the building of knowledge among local people so that they can defend their own rights. In addition to teaching political science, the centre holds courses on constitutionalism, human rights, environmental science, management, leadership skills, the United Nations system, international organizations, journalism, international law and domestic law. Hitherto, the centre taught political science as a unit together with other subjects, and attracted no attention or difficulties. On 15 April 2013, a Joint Urgent Appeal was sent to Burma by the Special Rapporteur on the situation of human rights in Myanmar, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and the Special Rapporteur on the situation of human rights defenders. No reply has been received as of November 2013.

UN OHCHR

The Decree contains a number of provisions which curtail the right to freedom of peaceful assembly. 1) Regime of authorization Article 1, under Chapter 2, establishes a regime of authorization (application for permission required at least 5 days in advance), which is burdensome. In his first thematic report to the Human Rights Council (please see attached for ease of reference), the Special Rapporteur on the rights to freedom of peaceful assembly and of associ ation stated that "the exercise of fundamental freedoms should not be subject to previous authorization by the authorities..., but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place" (A/HRC/20/27, para. 28).The Special Rapporteur added that "[s]hould the organizers fail to notify the authorities, the assembly should not be dissolved automatically...and the organizers should not be subject to criminal sanctions, or administrative sanctions resulting in fines or imprisonment. This is all the more relevant in the case of spontaneous assemblies where the organizers are unable to comply with the requisite notification requirements, or where there is no existing or identifiable organizer. In this context, the Special Rapporteur holds as best practice legislation allowing the holding of spontaneous assemblies, which should be exempted from prior notification." (A/HRC/20/27, para. 29). In this regard, the Special Rapporteur recommended to Member States that: "[s]pontaneous assemblies should be recognized in law, and exempted from prior notification (A/HRC/20/27, para. 91). The Decree should therefore be amended in accordance with international human rights standards. Similarly, the Decree does not govern the holding of simultaneous assemblies and counter-demonstrations, which are healthy expressions in a democracy. According to the report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association,"[i]n the case of simultaneous assemblies at the same place and time, the Special Rapporteur considers it good practice to allow, protect and facilitate all events, whenever possible. In the case of counter-emonstrations, which aim at expressing discontent with the message of other assemblies, such demonstrations should take place, but should not dissuade participants of the other assemblies from exercising their right to freedom of peaceful assembly. In this respect, the role of law enforcement authorities in protecting and facilitating the events is crucial" (A/HRC/20/27, para. 30). The Special Rapporteur concluded that "[s]imultaneous assemblies should be allowed, protected and facilitated, whenever possible" (A/HRC/20/27, para. 92). Finally, it is worth noting that the Special Rapporteur recommended that "[a] presumption in favour of holding peaceful assemblies should be established in law in a clear and explicit manner" (A/HRC/20/27, para. 88). 2) Undue restrictions Article 6, under Chapter 3, provides that "[t]he application[for permission toassemble] should not be denied unless the security of the State, rule of law, public tranquillity and the existing laws protecting the public are to breached". Such a provision fails to meet international human rights standards. The Human Rights Council, in its resolution 15/21, recalled that "in accordance with the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, the exercise of the rights to freedom of peaceful assembly and of association can be subject to certain restrictions, which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others" (A/HRC/RES/15/21, OP4). In addition, in his thematic report, the Special Rapporteur on the rights to freedom of peaceful assembly and of association called upon States "[t]o ensure that any restrictions on the rights to freedom of peaceful assembly and of association are prescribed by law, necessary in a democratic society, and proportionate to the aim pursued, and do not harm the principles of pluralism, tolerance and broadmindedness..."(A/HRC/20/27, para.84(e). He further stressed the "importance of the regulatory authorities providing assembly organizers with "timely and fulsome reasons for the imposition of any restrictions...'" (A/HRC/20/27, para. 42). A provision in this regard is presently missing in the Decree. Article 7, under Chapter 3, givesthose who have applied for permission to hold an assembly the right to appeal only before the divisional or State-level Police Commander. Such a provision is problematic as the entity before which the appeal has to be made has also the function of policing/supervising assemblies . The Special Rapporteur stressed that "[i]n case an assembly is not allowed or restricted, a detailed and timely written explanation should be provided, which can be appealed before an impartial and independent court... which should take a decision promptly " (A/HRC/20/27, para. 90 and 42).3)Policing of assemblies Noteworthy is article 1, under Chapter 4, which provides that "[d]uring peaceful assemblies and peaceful processions, the attendees are to be given the protection by the officer with a rank of no less than police lieutenant and the sufficient number of police must be used depending on the number of the attendees at the assembly and procession". Yet it is regrettable that the law does not contain any provision on the use of force by law enforcement authorities when policing assemblies, as exemplified by the allegations of excessive use of force brought to the attention of your Excellency's Government in November 2012. In this regard, in accordance with report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association,we are of the opinion that "States should facilitate and protect peaceful assemblies, including through negotiation and mediation. Wherever possible, law enforcement authorities should not resort to force during peaceful assemblies and ensure that, "where force is absolutely necessary, no one is subject to excessive or indiscriminate use of force" (Council resolution 19/35, para. 6)" (A/HRC/20/27, para. 89). The Special Rapporteur further pointed that "[t]he right to life (art. 3 of the Universal Declaration on Human Rights...) and the right to be free from torture or cruel, inhuman or degrading treatment or punishment (art. 5 of the Declaration...) should be the overarching principles governing the policing of public assemblies... In this regard, soft law provisions-the Code of Conduct for Law Enforcement Officials (in particular articles 2 and 3) and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (in particular principles 4, 9 and 13)- aim at guiding law enforcement officials when policing peaceful protests"(A/HRC/20/27, para.35).In the same report, the Special Rapporteur on the rights to freedom of assembly and to association called upon States to "ensure that law enforcement authorities hich violate the rights to freedom of peaceful assembly and of association are held personally and fully accountable for such violations by an independent and democratic oversight body, and by the courts of law" (A/HRC/20/27, para.84(i)and "[t]o ensure that victims of violations and abuses of the rights to freedom of peaceful assembly and of association have to the right to an effective remedy and obtain redress" (A/HRC/20/27, para. 84(j). Finally, we take this opportunity to point out the recommendation that "States should also ensure the protection of those monitoring and reporting on violations and abuses in the context of peaceful assemblies"(A/HRC/20/27, para. 94). 4)Liability of organizersArticle 4, under Chapter 4, providesthat "[t]he main applicant or organisation must take the responsibilities of all attendees during the peaceful assembly or peaceful precession, or that the peaceful assembly and peaceful procession is carrying out in accordance with the permission granted". In this regard, the Special Rapporteur on the rights to freedom of peaceful assembly and of association has stressed that "[a]ssembly organizers and participants should not be held responsible and liable for the violent behaviour of others (A/HRC/20/27, para. 93)". The individual responsibility of participants should be up held.

UN OHCHR

Naw Ohn Hla was sentenced to two years' imprisonment with labour under a charge of sedition in a highly controversial trial in Monywa on Thursday. The veteran activist and former political prisoner had been arrested in mid-August for organising a public protest in the Sagaing division capital against the Latpadaung copper mining project. Her lawyer Robert San Aung said she was sentenced under Article 505(b) of the penal code for sedition in a trial at Monywa township court that began on Tuesday. He said he was unable to attend the hearing on Thursday and that Naw Ohn Hla had refused to appear in court without the representation of her lawyer. She was subsequently dragged into the courtroom by female police officials. He slammed the trial as unfair and condemned the court for sentencing her without the presence of a defence lawyer. "She refused to leave the holding cell in protest at being tried without a legal defence," he said. "Female police officers were ordered to drag her into court where sentence was passed. It is highly questionable whether this procedure represents a fair trial." On 3 October 2013, a Joint Urgent Appeal (JUA) was issued by the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; the Special Rapporteur on the rights to freedom of peaceful assembly and of association; the Special Rapporteur on the situation of human rights defenders; and the Special Rapporteur on the situation of human rights in Myanmar. On 26 December 2013, Burma responded substantively to the JUA.

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A court in Myanmar's western Rakhine state on Thursday ordered 10 activists jailed for three months each for participating in a demonstration against a China-backed petroleum pipeline project, drawing outrage among villagers opposed to the venture. About 300 people from 20 villages mobbed the court in Kyaukpyu Township, demanding the release of the activists who had joined hundreds in April in protesting against the Shwe Project over inadequate compensation and demands that its developer provide better transportation infrastructure and higher salaries for local workers. The 10 were charged with demonstrating and holding a peaceful march without a permit on Rakhine state's Maday Island, the westernmost site of the U.S. $2.5 million Shwe Project, which includes a deep sea port, natural gas from Myanmar's offshore reserves, and overland oil and gas pipelines from the state to China. They were convicted under Article 18 of the Peaceful Assembly Law, a much criticized legislation which requires a permit for demonstrations and which rights groups say is being used by the government to silence critics even as Myanmar undertakes democratic reforms after decades of brutal military rule. The villagers said they went ahead with the protests in April after they applied twice for a permit and were denied each time. On Thursday, the protesting villagers demanded the release of the 10, saying they cannot be singled out from a group of 400 people who had demonstrated on April 18. "All villagers from Maday Island came and demanded that the 10 be released. If not, the authorities should arrest all the villagers who had protested," a villager, Ko Nyi Nge, told RFA's Myanmar Service. "They shouted[slogans] in front of the court, saying they won't go home if these 10 men are not released." About 100 security forces and several firefighters ringed the court but did not act against the protesters. Appeal planned Htein Lin, a lawyer for the jailed protesters, said although the authorities had identified the 10 as ringleaders of the protests, no one came forward to testify that they had indeed led the demonstrations. "Nobody witnessed these 10 people leading the protest," he said, vowing to appeal against the sentence on Monday. Rights groups have expressed concern over environmental and socioeconomic effects from the Shwe Project as well as issues related to takeovers of land from residents that remain unresolved. They have called on the authorities to drop the charges against the 10 protesters, saying the provisions of the law under which they were charged do not conform with international human rights standards. "Peaceful protesters should not face prison time for exercising their basic rights," Phil Robertson, Human Rights Watch's deputy Asia director, said. "By jailing peaceful protesters, the Burmese[Myanmar] government is creating a new class of political prisoners." "No genuinely reformist leadership would oversee the prosecution of people who peacefully challenge the state's development plans," he added. The Shwe Project is a joint venture between Beijing's state-owned China National Petroleum Corporation (CNPC) and Myanmar's national petroleum company Myanmar Oil and Gas Enterprise (MOGE). CNPC completed the U.S. $14.2 million, 800-kilometer (500-mile) gas pipeline and began delivering natural gas to southern China's Yunnan province in July, despite long-held objections from critics. The state-run petroleum giant is nearing completion of a pipeline along the same route to transport oil purchased in the Middle East to China via Myanmar, in what officials connected to the project say shortens a distance that originally would have included passage through the Malacca Strait. Two local rights groups have launched surveys to monitor potential adverse impacts of the controversial petroleum pipelines passing through 21 townships in Myanmar and plan to deliver their findings to the country's parliament, international organizations, and project investors.

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Nay Myo Zin, who carries the dubious honour of having been the first political prisoner detained under Thein Sein's reformist government, will face court on 4 March on fresh charges. The former military captain, now coordinator of Myanmar Social Life Development Network, was arrested and charged on 18 January after leading a protest of hundreds of farmers from more than 30 townships across Burma, who gathered in front of Rangoon City Hall the previous day. The group called for the release of jailed activists, constitutional reform, and the establishment of a farmers' union. The charge comes under Article 18 of the penal code, the Peaceful Assembly and Peaceful Procession Law. Fellow activist Win Cho was arrested alongside Nay Myo Zin and will too face court on 4 March, under the same charge. Their application for a right to protest had been rejected. Nay Myo Zin spent nine months in jail in 2011 after police found articles on his laptop allegedly defaming the Burmese military. The former military man turned charity-worker received a ten-year sentence and reportedly suffered a broken pelvis while in Insein Prison. Nay Myo Zin's wife told DVB that he would have to be stretchered over to see her when she visited the infamous prison. Nay Myo Zin was released January 2012 via a presidential amnesty. Since then he has faced multiple charges, including the possession of an Aung San Suu Kyi T-shirt and matching key ring. Myanmar Social Life Development Network, which had previously received government funding, says it works to improve the lives of people in rural Burma through infrastructure and training programs. The organisation, as of last year, had installed six drilled wells, 58 water pumping machines and 28 libraries in remote villages, according to its website.

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An imprisoned Myanmar activist has been ordered jailed for nine more months as he fights off charges in at least seven townships in the commercial capital Yangon for protesting against a controversial public assembly law and against land grabs. Htin Kyaw had already been convicted in some of the townships and sentenced to a total of 12 months in jail over a December protest questioning Section 18 of the Peaceful Assembly and Peaceful Procession Law, under which demonstrators can be jailed for protesting without government permits. In his latest convictions Tuesday, the Kyauktada and Pabedan township courts each sentenced him to three months jail for the protest, under the same charges he had been campaigning against, his lawyer Robert San Aung told RFA's Myanmar Service. He received another three months from the Pabedan court, also under Section 18, for a separate protest against the Chinese-backed Letpadaung copper mine in northern Myanmar, according to the lawyer. Htin Kyaw has also been charged by other townships in the city under Section 18 for separate protests, as well as charged with "defamation" and spreading information that could disturb public tranquility. He is the leader of the Movement for Democracy Current Force (MDCF), a community-based organization which represents grassroots communities and campaigns against land-grabbing and other human rights violations. A longtime activist imprisoned under Myanmar' former military junta regime in 2007, Htin Kyaw resumed campaigning after his release under a political prisoner amnesty in January last year, staging solo protests and leading land grab victims in demonstrations. He has been held since August in Yangon's Insein Prison. He protested against his own detention with a hunger strike in the prison that month and spent a week in jail in May after refusing to post bail. In his December protest against Section 18, he marched without a permit through five townships in the city-Mingalartaungnyunt, Tamwe, Kyauktada, Pabedan, and Thingangkuun. All five have charged him under Section 18 for the protest, and Tuesday's sentences bring the total amount of time he faces over the march to a year and a half so far, while he awaits a verdict from Thingangkuun. Rights groups say Section 18 has been widely used to silence activists, arguing it is incompatible with reforms Myanmar has introduced in recent years as the country emerges from decades under military rule. Section 18 carries a maximum sentence of three years in prison and a fine for violating rules outlined elsewhere in the law, passed in 2011 under current President Thein Sein's government. Htin Kyaw's detention prompted a call for his release in September from international rights group Front Line Defenders, which said it was concerned about the multiple charges he faced "as a result of his role in exercising the right to freedom of peaceful assembly and freedom of assembly." Htin Kyaw had been "targeted for his legitimate and peaceful work defending land rights," the group said.

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Two Myitkyina News Journal journalists sued six employees of a company on Tuesday after they were allegedly detained in Kachin State's Waingmaw Township and physically abused, over an article published the previous day about an apparent attempt by the company, whose ownership is unclear, to establish an illegal banana plantation. At around 10am on Tuesday, employees of Tha Khin Sit Mining Company asked the two reporters, Moon Moon Pan and Ah Je, to leave the Myitkyina News Journal's office in the Kachin capital Myitkyina and accompany them to their company's compound in Waingmaw, about seven miles from the city, the journal's editor-in-chief Seng Mai Maran told Frontier. She said company employees told the journalists they wanted to discuss the article, published Monday, which cited local residents' concerns about land that they said was being cleared for a banana plantation, by two companies including Tha Khin Sit. Illegally grown tissue culture bananas, almost all of which are exported overland to China, are fuelling land conflict and environmental degradation in Kachin State, as Frontier reported in January. At the company's compound, the journalists were separated, Seng Mai Maran said. She said Ah Je was ordered to complete 100,000 squats and Moon Moon Pan's face was slapped with a copy of the Myitkyina News Journal. Ah Je managed to contact Zaw Khun, the journal's CEO, who went immediately to Waingmaw Township with other staff from the journal. There, they asked a police officer and two local administrators to accompany them to the company's compound. Meanwhile, at 10.56, Seng Mai Maran uploaded a post to the journal's Facebook page which said the two reporters had been detained by the company. She told Frontier that the company's employees saw the post, and asked the reporters to remove it. Salai Khwe Shane, one of the journalists who accompanied Zaw Khun, said that in the compound they talked with the company employees, who denied the allegations in the report, and said the company was not developing a banana plantation. Moon Moon Pan and Ah Je were released about two hours after they were detained, by which time Ah Je had completed about 300 squats, Seng Mai Maran said. The Facebook post was taken down from the Myitkyina News Journal's page at 12.16, and Seng Mai Maran uploaded the same post to her personal Facebook page. When they were released, the reporters went to Waingmaw Township police station to file charges against the company, Seng Mai Maran said. She said they sued six people from the company under sections 114, 294, 323, 341 and 354 of the Penal Code, which cover assault or criminal force to a woman "with intent to outrage her modesty", obscene acts, wrongful restraint, voluntarily causing hurt, and abetment. If convicted, the company employees may face imprisonment and a fine. Frontier was unable to reach the company or the police for comment. "The boy is struggling to walk after having to do three hundred squats," Seng Mai Maran said. "The girl was crying to me on the phone because she was beaten up". A group of journalists from Kachin State published a statement on Wednesday that condemned Tha Khin Sit for abusing the two reporters and for assaulting Moon Moon Pan. They urged the state government to protect journalists, and the right to information, and called for action to be taken against Tha Khin Sit's managing director U Dein Saung. Seng Mai Maran said the nationality of the company's owners is not known, though they are locally believed to be Chinese.

Frontier Myanmar

Myanmar police injured 21 ethnic Karenni protesters Tuesday when they used rubber bullets and a water cannon to break up a demonstration in Kayah state capital's Loikaw over a statue of the father of Myanmar's de facto leader Aung San Suu Kyi, a local protester said. About 5,000 Karenni marched in three columns during the morning protest, demanding that officials remove or relocate a newly inaugurated gold-colored statue of Myanmar independence hero General Aung San from a public park. Ethnic Karenni oppose the erection of the statue because Aung San came from the ethnic Bamar majority that dominates the country and because they believe that the current government should focus on equal rights for ethnic minorities. The protesters also called for the resignation of the eastern state's chief minister and the minister of planning and finance, who local residents believe are responsible for the crisis. Police used rubber bullets and water cannons to disperse the protesters, saying they had crossed the barriers, demonstrator Kyaw Htin Aung told RFA's Myanmar Service. "Police cracked down on one of the columns using water cannons and rubber bullets," he said. "One person was seriously injured in the face." When RFA contacted Loikaw Township Police Chief Win Naing, he refused to comment, saying an official statement would be issued once the situation had settled. Reuters later reported that about two dozen people rallied in Myanmar's commercial hub Yangon in support of protesters in Loikaw and in opposition to the building of Aung San monuments. The latest protest follows other demonstrations by young Karennis last week outside the state headquarters of the ruling National League for Democracy (NLD) party in Loikaw. Dozens were arrested and charged with unlawful assembly, incitement, and defamation. Yanghee Lee, the United Nation's special rapporteur on the situation of human rights in Myanmar, condemned the police violence against the Loikaw protesters. "This is yet another example of the government sidelining the rights of ethnic minorities and failing to truly do what is necessary to unite the country and bring about peace and democracy," she said in a statement issued Tuesday by the U.N.'s human rights office (OHCHR). "The government of Myanmar must respect the right of all people to peacefully assemble and express their views about issues that concern them," she said. "Using disproportionate force against peaceful protesters is entirely unacceptable. The arrests must stop." Some charges dropped At about 3 p.m., eight protest organizers and two journalists from different media outlets were allowed to hold talks with state officials during which the parties reached an agreement that the charges against detained protesters would be dropped, Kyaw Htin Aung said. A total of 86 protesters have been charged, some of them two or three times they were released on bail but then rejoined demonstrators and were re-arrested, he said. "They agreed to drop the cases of 55 people," Kyaw Htin Aung said. "There were also five people who are being charged under Article 20 of the Peaceful Assembly and Peaceful Procession Law following a protest in support[of building the statue,] so at least, the demand for dropping the cases was successful." Negotiations are still ongoing and are said to include a plan that the committee for erecting the Aung San statue and another committee objecting to it will settle the issue within a month, he added. In the meantime, the protests will be stopped, and the park where the statue is located will be closed during the discussions, he said. The local government is also required not to intervene in the negotiations and to respect the outcome of the talks, Kyaw Htin Aung said. "We want everyone to enter into negotiations whenever a conflict occurs," said NLD party spokesman Myo Nyunt. "But what really happened needs to be known," he added. "A group of people staged a protest against the statue. Likewise, a group of people protested in support of the statue, so we have to see who's reflecting the people's desire." Officials must also determine what led to use of force during the crackdown on protesters, Myo Nyunt said. "We can't make comments on only the information we have at hand," he said. Kayah state officials, including Chief Minister L Paung Sho, were unavailable for comment.

Radio Free Asia

YANGON: Seven Myanmar students were sentenced to three months in jail with hard labour for burning portraits of officials in protest over campus safety, a student activist said Wednesday, the latest draconian response to rippling discontent with authorities. Those jailed were among dozens enacting a mock funeral on December 28 calling for more security at a Mandalay university in central Myanmar after a student's murder near its campus. They burned paper coffins and portraits of the city's chief minister, Myanmar's security and home affairs ministers, and the head of the university, calling for increased security around the students' compound. Three people were arrested during the protest and four others were detained a few days later, when they rallied for their peers' release. The seven students were each sentenced to a total of three months in prison with hard labour for protesting without permission and arson, student leader Ei Mon Khin told AFP by phone from the court. "They will be taken to Obo prison in Mandalay later," she said. Time served will be deducted from their sentences, meaning they face a further one and a half months in jail. This is one of several recent examples of a heavy-handed response to protests by authorities. On Tuesday police fired rubber bullets and tear gas to disperse a crowd of several thousand in eastern Kayah state, the latest in a string of rallies against a statue of Aung San, father of civilian leader Aung San Suu Kyi. He is widely revered by the majority ethnic Bamar (Burmese) population as an independence hero, but is viewed critically among many ethnic minority groups, who see him as a symbol of Bamar domination. Police agreed Tuesday evening to release dozens of arrested protesters in return for a suspension of the rallies while talks take place, state-run Global New Light of Myanmar reported, a development welcomed by rights groups. "The Myanmar authorities have a long history of using excessive and lethal force against peaceful protesters," said Fortify Rights CEO Matthew Smith. "The government needs to break the trend now."

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Police in eastern Myanmar's Kayah state this week broke up protests by ethnic Karenni youths calling for the removal of a newly inaugurated statue of national independence hero General Aung San in the state capital Loikaw, charging dozens with unlawful assembly, a group whose members participated in the demonstrations said. Authorities arrested the protesters on Monday, Thursday, and Friday as they staged sit-ins outside the state headquarters of the ruling National League for Democracy (NLD) party, the Union of Karenni State Youth said on its Facebook page. NLD party supporters plan to celebrate what would have been Aung San's 104th birthday on Feb. 13, according to the Myanmar Times. Three dozen protesters taken into custody on Thursday were later released on bail, the youth group said. Six of them plus another youth activist resumed the protest on Friday were again taken into custody. Those arrested have been charged with violating Article 19 of Myanmar's Peaceful Assembly and Peaceful Procession Law, which allows public demonstrations only if organizers first obtain permission from local authorities. Some have also been charged with defamation and incitement. Some friends of those who were re-arrested on Friday said those protesters have not yet been freed on bail. Calls by RFA's Myanmar Service to a police station in Loikaw went unanswered. Aung San, father of current State Counselor Aung San Suu Kyi, played a key role in freeing Myanmar from British colonial rule 70 years ago and in signing a pact with ethnic minority leaders to grant their groups ethnic autonomy within the independent nation. But decades of civil war have prevented successive governments from forming a federal democratic union. Members of the Karenni minority in Kayah state first protested in July 2018 when officials announced that they would erect the expensive bronze statue of Aung San in a public park in Loikaw. They began their protests anew this week in response to the state government's inauguration of the monument to the military leader, who came from the country's ethnic Burman majority. "Young people have respect for General Aung San," said Kyaw Htin Aung from the Union of Karenni State Youth. "[But] it's time now to implement General Aung San's promises," he said. "Opposition to building the statue has emerged because we think the[government's] focus should be on equal rights for ethnic minorities rather than statues." "Totally oppose the plan' Political observer Than Soe Naing asked why officials should erect a statue of Aung San in ethnic minority states like Kayah, which have their own local heroes. "It's damaging to General Aung San's reputation to forcibly build the bronze statue and ignore people's wishes," he said. "I don't think they[officials] should do that." Kwan Gaung Aung Kham, chairman of the Kachin Democratic Party, noted that when officials announced plans to erect a bronze statue of Aung San in northern Myanmar's Kachin state, local political parties issued statements rejecting the move. "But it was ignored, and they built it," he said, adding that additional monuments will also be built. "I totally oppose the plan," he said. "If they keep doing this, there will be more differences between the ethnic groups and the government of Daw[honorific] Aung San Suu Kyi." Myanmar's de facto leader is spearheading the country's sporadic peace talks in a bid to end fighting between ethnic armed groups and the national military and to create a federal system in the country. Myanmar has not guaranteed ethnic people self-determination and autonomous rights since its independence in 1948, said political observer Yan Myo Thein. "That's why we haven't had peace in the country up to now," he said. "It's important to hold talks with leaders of Myanmar civil society organizations, ethnic leaders, and military leaders for building a federal democratic union," he said. "If you consider it like this, then we need to stop building General Aung San's statues in ethnic states without their willingness." Ngo Than Kap of the Chin Progressive Party in western Myanmar's Chin state, said "All of us from ethnic states respect and recognize General Aung San, but it is more important to work on implementing his promises, such as equal rights for ethnic[minorities] and self-determination." "If not, what is the benefit of erecting his statue?" he asked. Dam protest organizer charged Meanwhile, police in Kachin state have arrested the organizer of a mass protest against a controversial dam project held on Thursday, charging her with violating Article 20 of the Peaceful Assembly and Peaceful Procession Law, according to a local resident. Ja Hkawn helped organize the 10,000-strong rally in the state capital Myitkyina, during which ethnic Kachin activists, political party leaders, civil society groups, and Buddhist monks demanded the complete halt of the Chinese-backed hydropower project. Though the project was suspended in 2011 because of widespread opposition to its expected environmental and social impacts, China has pressed the current NLD government to allow it to resume. Police said protesters were issued a permit to hold the rally, but they did not obtain official permission to use loudspeakers, wear headbands saying "No Myitsone Dam," and make speeches, according to a Myitsone area resident named Lura who participated in the protest. The Peaceful Assembly and Peaceful Procession Law requires protest organizers not only to notify local authorities of demonstrations in advance, but also to provide information about slogans and speakers. Ja Hkawn's first hearing is set for Feb. 11. She faces a maximum of one month in prison and/or a 10,000-kyat (U.S. $6.50) fine, the online journal The Irrawaddy said. UPDATE: On 13 February 2019, the Karenni State government agreed to drop lawsuits against 55 rights activists charged for their participation in a series of protests over the past year against the installation of a bronze statue of General Aung San in a park in the state capital, Loikaw.

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YANGON-A court in Myitkyina, Kachin State has fined three activists who led a rally calling for the release of three imprisoned anti-war protesters. On Dec. 11, Sut Seng Htoi, Brang Mai and Seng Hkum Awng led a demonstration against the imprisonment of three activists who were convicted earlier this month of defaming the Army after leading an antiwar protest in April. Around 5,000 local residents took part in the Dec. 11 demonstration. Myitkyina Township police charged the three under Article 19 of the Peaceful Assembly and Procession Law. "Sut Seng Htoi was fined 100,000 kyats, and the other two were fined 300,000 kyats each," Maran Seng Htwal, a member of the protest's organizing committee, told The Irrawaddy. According to township police, demonstrators used the Kachin State flag without permission and held up placards reading "Failed democracy?" and "Failed law", as well as pictures of the three imprisoned anti-war demonstrators. They were protesting the Dec. 7 sentencing by Myitkyina Township Court of Lum Zawng, Nang Pu and Zau Jat to six months in prison and fines of 500,000 kyats each for defaming the Myanmar Army during the anti-war protests in April. The plaintiff in that case, a military officer of the Myanmar Army's Northern Command, took the three to court over the protests, which called for the rescue of 2,000 locals displaced and trapped by fighting between the Myanmar Army and the Kachin Independence Army (KIA) near the village of Awng Lawt in Tanai Township. Activists said they would continue their campaign, including lodging an appeal for the release of the anti-war demonstrators. "We will also seek their unconditional release[through activities] outside the court," Maran Seng Htwal said. "Demonstrations calling for the rescue of innocent civilians are not defamatory. They were simply calling on the parties involved to rescue innocent civilians," Maran Seng Htwal, who is also the manager of the Yangon branch of the Assistance Association for Political Prisoners told The Irrawaddy. June 9 marked the seventh anniversary of renewed clashes between the Myanmar Army, or Tatmadaw, and the KIA after a 17-year truce between the Tatmadaw and the KIA collapsed in 2011. More than 100,000 locals have been forced from their homes into camps across Kachin State since then.

The Irrawaddy

Myanmar police on Thursday arrested 13 protesters, including fired hotel workers, from the central town of Bagan as they marched to the capital Naypyidaw where they planned to ask central government officials for help with getting their jobs back, said a police officer involved in the situation. Fifty protesters participated in the march, including workers from the Tharabar Hotel who were laid off in August because of dwindling guest numbers, sacked workers from the Double Rhinos cement factory and Power dry cell battery factory in Bagan, and members of the All Burma Federation of Student Unions (ABFSU) and the All Myanmar Workers' Union (AMWU). Police arrested four workers from the Tharabar Hotel, three students from the ABFSU, one person from the AMWU, and five workers from Mandalay, for violating Article 19 of the Peaceful Assembly and Peaceful Procession Law, said the officer from Nyaung Oo township, where the protesters were stopped. The officer did not give his name. The law allows public demonstrations only if organizers first obtain permission from local authorities. "No government officials or authorities have tried to resolve this problem," said Nay Myo Win, the leader of the group of fired hotel workers. "That's why the workers tried to march to Naypyidaw, where someone will resolve the issue." The hotel workers, who say they were unfairly fired and are demanding their jobs back, set up a protest camp near Tharabar Gate in Nyaung Oo township in October. Central government negotiators discussed the labor dispute with those at the camp, but could not resolve it when the hotel's manager refused to rehire them. On Nov. 4, about 100 Bagan hotel workers who were sacked demonstrated at the Manawraman public square in the central Myanmar town of Mandalay, demanding that they be reinstated, Myanmar's Mizzima online news service reported. At the time, it was reported that hotel management had issued a statement that said that a dozen employees - about 10 percent of the staff - were let go in accordance with the law to compensate for a drop in revenue resulting from a decline in tourism, the report said. "Since we have exhausted the last stage of arbitration at the Union level, we will continue with the course of law," Kyaw Hein, manager of the Tharabar Hotel, told Mizzima. "There will be no more arbitration. We will take the course of law." After police forced the protesting workers to disperse from the camp in Bagan on Tuesday, they set out with others early Thursday on the roughly 330-kilometer (186-mile) march to Naypyidaw to take up their case with central government officials. The ABFSU issued a statement Thursday, condemning the arrests and demanding that the workers and student demonstrators be freed. "Nobody can visit the arrested workers at the police station," said Thein Shwe, chairman of a labor union for hotel workers. "When we tried to see them at the court, but the court's doors were closed." "We feel that our rights are being violated and that we have lost our citizens' rights," he said. "The workers are not thieves or robbers; they haven't committed rape; but we can't see them, and it is a violation of human rights."

Radio Free Asia

Three more Kachin youths have been charged under the Peaceful Assembly Act for holding a protest without permission from the authorities, in Myitkyina, the capital of Kachin State, according to local sources. The two men Brang Mai and Seng Hkum Awng and one woman Sut Seng Htoi, appeared in court today for the first day of their trial. "We wanted justice, therefore we held a protest. We did not intend to get benefits from someone. We just wanted justice. We did protest, but they told us they are charging us for not asking permission," said Brang Mai at the courthouse today. "From[the police's] point of view, we were not satisfied with the court sentencing our friends and we protested about it. But our point of view is that we want to get justice, therefore we protested for it," he said. When the judge asked the three youths today whether they were guilty or not, according to Brang Mai, they all said they were not guilty. All three activists were granted bail and will continue to fight for justice from outside the court. The youths were charged on Friday for holding a protest, alongside many other protestors, which started at the courthouse in Myitkyina and moved to Manau Park. They were protesting the sentencing and fining on the same day of three Kachin activists who were convicted for holding demonstrations earlier in the year calling on the Tatmadaw (Myanmar Army) to release Kachin refugees who were trapped in the jungle during fighting in Tanai Township between the Tatmadaw and the KIO. The court sentenced them to six months' imprisonment and fines of 500,000 kyats ($320) each. Sut Seng Htoi, a women's rights activist and one of the three charged on Friday, told reporters in front of the court today, "The court's sentencing[of the three activists on Friday] was a big punishment. We did not expect they would do that. It was unacceptable for us. We all know our three friends did nothing wrong, therefore we protested about the injustice." The authorities use the law to suppress rights activists in order to silence the voice of the people, she said. "We know their law is unfair, therefore we have to fight it. We will keep fighting until we have our rights in our hands," said Brang Mai. According to Brang Mai, U Myint Moe, the police officer who is pressing charges against them, said at the court today that his police will arrest as many of those who protest without permission as possible. When The Irrawaddy tried to call U Myint Moe for comment, a police officer at the station said he was unavailable. The next court hearing for the three youths will take place on Dec. 13 when witnesses will testify against claims that the rights activists violated the law.

Irrawaddy