Burma/Myanmar: Ongoing Attacks Against Civilians and Faltering Peace Process

Despite attempts by the National League for Democracy (NLD)-led government to jumpstart discussions with the EAOs with the commencement of the 21st Century Panglong Peace Conference, the military continues to block progress on meaningful reforms. The military has refused to discuss federalism and ethnic rights, arguably one of the most critical aspects of establishing lasting peace, during the third session of the Panglong Conference in July 2018. Since 2013, the Tatmadaw has consistently rejected EAO demands to establish constitutional and security sector reforms that would protect ethnic interests and identity within a federal democracy.

The military’s uncompromising conditions for the NCA signatories to disarm without guarantees of civilian protection has also been a persistent roadblock. In August 2018, Tatmadaw officials cancelled a meeting with the KIO after KIO representatives refused to agree to non-secession from the Union, and to abide by the Tatmadaw’s ‘Three Main National Causes’. The Tatmadaw continues to aggressively push the EAOs to agree to never secede from the union, and accept a “united” Burmese military. These demands are in line with the Tatmadaw’s declared “six-point principle,” which also stipulates that all EAOs signing the ceasefire agreement must adhere to the 2008 constitution, which institutionalizes the military’s power in Burmese politics.

Targeting of human rights activists, journalists, and whistleblowers

Attacks on the media

On 3 September 2018, Reuters journalists Wa Lone and Kyaw Soe Oo were sentenced to seven years’ imprisonment for violating the British colonial-era Official Secrets Act. The reporters were investigating military involvement in the 2017 Inn Din massacre in Rakhine State when they were arrested on false charges. It has become a landmark case internationally, and has drawn widespread condemnation and criticisms for its egregious attack on press freedom and intimidation of journalists in an attempt to silence reports that point to the commission of crimes by the Burmese military. A week after they were sentenced, Aung San Suu Kyi defended the conviction, saying the prosecution of the two reporters had “nothing to do with freedom of expression at all.”

On 10 October 2018, three journalists were charged under Section 505 (b) of the Criminal Code, which carries a maximum sentence of two years’ imprisonment, for criticizing the financial management of the Chief Minister of Yangon Region, Phyo Min Thein. The Eleven Media’s executive editors Kyaw Zaw Lin and Nayi Min, and chief reporter Phyo Wai Win, were arrested over an article published on 8 October that discussed the funding of the Yangon bus network, a project launched by Phyo Min Thein, a confidant of Aung San Suu Kyi.

The arrest of peace activists

In April and May 2018, approximately 50 human rights defenders were arrested, charged, and/or convicted for exercising their right to peaceful assembly. Demonstrators were denouncing the escalation of military attacks in Kachin and northern Shan States and calling for the provision of safe passage for thousands of IDPs who remained trapped in armed conflict areas. The rallies organized by the Kachin youth in Myitkyina, Kachin State spread to Yangon, Mandalay, and Bago; some protests were met with violent suppression by security forces.

Numerous participants were arrested and charged with violating the Peaceful Assembly and Peaceful Procession Law. Three human rights defenders face charges of defamation under Section 505(b) of the Criminal Code in connection with speeches critical of the Tatmadaw given at the rallies in Kachin State.

Conviction of a former child soldier

In March 2018, former child soldier Aung Ko Htwe was sentenced to two years’ imprisonment with hard labor for contravening Section 505(b) of the Criminal Code. He was convicted of making statements intended to cause “fear or alarm to the public” in an interview he gave to Radio Free Asia about his forced conscription into the Tatmadaw as a minor. On 12 September 2018, two rights activists, Naung Naung and Lay Lay, were sentenced to a year in prison for participating in a protest in support of Aung Ko Htwe.