IN FOCUS

In December, Rangoon authorities took action against land rights defenders from Michaungkan Village, Thingangyun Township, Rangoon Division. Community members had been living at a protest camp near Maha Bandoola Park in downtown Rangoon since 24 March to demand the return of their land confiscated by the Burma Army in the early 1990s. The camp was the third sit-in camp organized by the protesters since October 2013. On 12 December, 20 protesters set up a separate camp outside Rangoon City Hall. Rangoon authorities repressed the expansion:

On 18 December, authorities in Rangoon arrested political activist Wai Lu and charged him the next day under Article 505(b) of the Criminal Code for assisting the protesters.

On 22 December, authorities charged five protesters under Articles 341, 342, and 343 of the Criminal Code for obstructing the entrance to Rangoon City Hall.

On 23 December, police forcibly dispersed the sit-in protest outside Rangoon City Hall, arresting 14 of the protesters and charging them under Article 18 of the Peaceful Gathering and Demonstration Law and Article 341 of the Criminal Code.

Since 31 July 2014, Michaungkan community leader Sein Than has been in detained in Insein Prison. He is currently serving six

sentences, totaling two years, on various charges related to protests against land confiscation in Michaungkan Village.

HRDs: CHARGES AND DETENTIONS

Several prominent human rights defenders (HRDs) and activists are facing charges for leading peaceful protests in December:

On 22 December, police in Rangoon announced charges under Article 19 of the Peaceful Gathering and Demonstration Law against 88 Generation Peace and Open Society leader Ko Ko Gyi, as well as activists Saw Naing, Mone Khat, Naing Ko Lin, and Sit Maung for protesting against a planned construction project at a former public park in Rangoon’s South Okkalapa Township. Organizers had requested advance permission to protest in the area, but authorities only approved a route through Kyaikkasan sports ground in Tamwe Township.

On 30 December, police in Rangoon's Dagon Township arrested activists Naw Ohn Hla, Sein Htay, Nay Myo Zin, and Tin Htut

Paing for their role in leading a demonstration in front of the Chinese Embassy in Rangoon on 29 December. The demonstration

was in response to the killing of a villager, Khin Win, during a 22 December police crackdown on land confiscation protests near

the Letpadaung copper mine site in Salingyi Township, Sagaing Division. The four were charged by the Dagon Township Court

under Article 18 of the Peaceful Gathering and Demonstration Law and Articles 147, 294, 353, 505(b), and 506 of the Criminal

Code. They are being held in Insein Prison and are awaiting trial. San San Win, Mya Nyunt, and Thant Zin also face charges

under Article 18 of the Peaceful Gathering and Demonstration Law for participating in the demonstration.

In November, authorities charged All Burma Federation of Student Unions (ABFSU) member Phyu Hnin Htwe under Article 18 of the

Peaceful Gathering and Demonstration Law for participating in a 29 October 2014 protest that marked the 23-month anniversary of

the crackdown on protests at the Letpadaung copper mine site. Phyu Hnin Htwe had been in detention and facing trial from 13

September to 15 October on fabricated kidnapping charges under Articles 364 and 368 of the Criminal Code for her alleged

involvement in the 18 May abduction of two Chinese workers near the Letpadaung copper mine.

Htun Htun Oo is an environmental rights defender and member of the Human Rights Watch and Defense Network (HRWDN) who

has been jailed for his activism in the Irrawaddy Delta. He is currently serving a six-month prison sentence on three separate charges

under Article 18 of the Peaceful Gathering and Demonstration Law. He faces charges under Article 19 of the same law for another

peaceful protest. He also faces charges under Articles 427 and 447 of the Criminal Code and Article 6/1 of the Public Property

Protection Act for activities related to planting mangrove trees in the Irrawaddy Delta. He is currently being held in Pyapon Prison,

Irrawaddy Division.

On 26 September, 10 farmers from villages affected by the Mandalay Myotha Industrial Park in Ngazun Township, Mandalay Division, were charged and detained without bail under Articles 143, 147, 427, 447,

and 505(b) of the Criminal Code. The farmers had stopped bulldozers from destroying farmland confiscated for the project. Community members had not yet agreed to compensation for the farmland. From 5 to 31 October, authorities charged 23 more farmers from affected villages under the same articles for attempting to prevent bulldozers from implementing the project on

land still under negotiation. On 8 January 2015, authorities charged 21 farmers from affected villages under Articles 109, 114, 143, 147, 447, 505b, and 506 of the Criminal Code for the same action.

The Human Rights Defenders Forum (HRDF) is a regular

meeting of stakeholders interested in supporting human

rights defenders (HRDs) in Myanmar. The HRDF aims to

protect HRDS and strengthen their ability to act.

Farmers facing charges for

protesting against Mandalay

Myotha Industrial Park land

confiscation (Photo: FIDH)

LEGAL ISSUES The possibility of a fair trial is particularly remote for HRDs. Judges base decisions on orders from military and government officials. Harsh sentences function to remove perceived threats and signal the high costs of dissent. Still, unjust prison terms are only one way authorities manipulate courts to punish HRDs. Lengthy, disorganized trials place a particular burden on HRDs. Defendants are required to attend every trial session, although plaintiffs and witnesses are not. In may cases HRDs have waited for hours at court for trial sessions where little or nothing happens, often because plaintiffs fail to appear. Trials can last dozens of sessions. These drawn out trials deprive individuals of much needed opportunities to earn daily wages and support themselves and their families. In addition to addressing corruption in the courts, authorities must also work to eliminate this judicial form of harassment.

January 2015

Photo: FIDH

HRDs in detention: 126

HRDs facing trial: 212

COMMUNITY CALENDAR

RESOURCES AND PUBLICATIONS “We are not afraid” Observatory for the Protection of Human Rights Defenders http://bit.ly/1AaN9xN

“Where is Genuine Peace?” Karenni Civil Society Network http://bit.ly/1vguJoH

“Monthly Chronology of Burma’s Political Prisoners for Decem-

ber 2014” Assistance Association for Political Prisoners http://

bit.ly/1sAYGVB

“The inquiry report of the Myanmar National Human Rights

Commission into the death of Ko Aung Naing (a) Ko Aung

Kyaw Naing (a) Ko Par Gyi” Myanmar National Human Rights

Commission http://bit.ly/1IPQd3e

“Myanmar National Human Rights Commission Press state-ment on the inquiry of riots of 22nd December 2014 at Lat-padaungtaung Copper Mine Project in Salingyi Township” Myanmar National Human Rights Commission http://bit.ly/1ylOSzP “Who Killed Ja Seng Ing?”Ja Seng Ing Truth Finding Committee http://bit.ly/1JTexEG

“Our Lives, Not For Sale” Tavoyan Women’s Union http://bit.ly/1CKWfDy

“A Foreseeable Disaster in Burma: Forced Displacement in the Thilawa Special Economic Zone” Physicians for Human Rights http://bit.ly/1xxSL2w

“If they had hope, they would speak: The ongoing use of state-sponsored sexual violence in Burma’s ethnic communities” Women’s League of Burma http://bit.ly/1uYaY9P

HRD PROFILE: THEIN AUNG MYINT

Thein Aung Myint is a human rights defender and member of the Movement for Democracy Current Force (MDCF) in Mandalay. He supports communities on a range of issues, including land confiscation. Since 1990, he has been arrested five times for his activities and detained for a total of 13 months. He is currently facing two charges under Article 18 of the Peaceful Gathering and Demonstration Law - for leading a peaceful protest against electricity price hikes on 27 March 2014 and a 27 October protest against the killing of journalist Par Gyi. Why did you start working with communities? I saw many children on the street. They can't attend school and have to work hard for school and for

their lives. I felt sorry for those children. Wandering in the industrial zone and other areas, I learned about the situation of farmers. I can't ignore these people. Why did you do a protest for [justice for] Par Gyi when you already facing charges under Article 18 of the Peaceful Gathering and Demonstration Law? I sent a letter to authorities to inform them that we would hold a protest in accordance with the law. The Par Gyi case is especially important for community based organizations and the community. If we don't mention the injustice and the cruelty of the army, the community will be afraid in the future. - so we have to protest for the Par Gyi case, because it's directly related to our country's future. Whether they charge me or not is not important. To expose the true story about Par Gyi is more important. People concentrate on this case. The government has to pay attention. Around 150 people participated in the protest. It's really strange for Mandalay. In Mandalay, it's difficult to get that many people for a protest. In court after my arrest, the police asked to know who participated. I told them it's your duty and your responsibility, not mine. What do you consider to be successes of your work in communities? We started a campaign to get cheaper mobile phones. Now everybody has cheaper mobile phones. In the industrial zone, my activities resulted in 100% achievement. Both sides - employer and employee - got what they wanted. In land grab cases, we were 50% successful. Another achievement is for the electricity protest. The government compromised with the people. The thing we're most pleased about is that we can produce community leaders. They know how to protect their rights by themselves,

without us. It's the most successful result of my activities.

January

5 Karen New Year

8 Karenni State Day

10 Kachin National Day

14 –15

United States—Myanmar Human Rights Dialogue

27 International Day of Commemoration in Memory of the Victims of the Holocaust

February

5 Kachin Revolution Day

7 Shan National Day

11 Karen National Day

12 Union Day

18 HRDF Open Forum

19 Mon National Day

20 Chin National Day

20 World Day of Social Justice

21 International Mother Language Day

Find the HRDF online for more information, resources, and news on HRDs in Myanmar. HRDF Official Website www.hrdefendersforum.wordpress.com HRDF Official Facebook Page www.facebook.com/HRDefendersForum

Photo: FIDH