AAPP December 2014 Chronology

8/10/2019 AAPP December 2014 Chronology

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December 2014 Chronology

Summary of the Current

Situation

December, 2014

Table of Contents

Month in ReviewDetentionsIncarcerationsReleasesConditions of DetentionsDemonstrations and Related Restrictions onPolitical and Civil Liberties

Restrictions on Former Political PrisonersKey International and Domestic DevelopmentsConclusions and AnalysisLinks

As of the end of December, 81political activists remained inprison, with 78 farmers in jail.203 people are awaiting trial. As

another year passes by thegovernments promise to releaseall political prisoners by the endof 2013 is once again leftunfulfilled. This failed promisealong with recent events such asthe death of freelance journalistand protestor Daw Khin Win,and the continuous repression ofthe rights of activists and humanrights workers along with the

ongoing charging of land rightsactivists and farmers showDecember to have been acontinuation of the previousmonths.

There can be no national reconciliation in Burma,as long as

there are political prisoners

Irrawaddy Media, December 2014, Accessed January 12, 2015


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This month, 33 political activists were charged, 10were sentenced and no political prisoners were

released.

Daw Khin Win, 56, was attending a protest of theLatpadaung Copper Mine, which is being developedby the Chinese company Wanbao Mining Ltd. Alongwith her death at least 10 other people were injuredin the violence that occurred during these clashes.

This month saw the release of a report entitled WhoKilled Ja Seng Ing by the Ja Seng Ing Truth FindingCommittee, which includes eyewitness testimony o

16 people stating that she was killed by soldiersfrom the militarySut Ngai Yang village, HpakantTownship, Kachin State on 13 September 2012. Thereport urges the government to start an officialinvestigation into her death and urges the cessationof the persecution of Breng Shwang, her father. Thepolice have opened an investigation.

The Myanmar National Human Rights Commissionthis month released its final report into the death ofreelance journalist Aung Kyaw Naing, also knownas Par Gyi. In the report it was confirmed that hedied due to gunshot wounds to several parts of hisbody, but it also states that there was no evidence otorture on his body, a statement that his lawyer,Robert San Aung, and the family reject. Theymaintain that an independent, transparentinvestigation needs to be initiated in order touncover the full truth behind the events leading upto his death. In an open letter to the president, ParGyis wife points out differences in the originalstatement and the official report by The originalmilitary report said Par Gyi was shot dead after he

grabbed the guards gun and ran away. But, thecommissions report says my husband was shotdead as he wrestled with the guard, trying to snatchhis gun; these sentences have different meanings.

In a continuation from last month 29 activists havebeen charged for protesting the National EducationBill. 29 activists have been charged under Section 18

of the Peaceful Assembly and PeacefulProcession Act. The activists claim that they do

not accept the charges against them and willnot request bail or attend their court hearings.Instead, they call on the government to holdtalks with them over the National EducationBill.

Farmers and land rights activists continue to becharged with varying crimes ranging fromtrespassing to obstruction. 14 land rightsactivists were arrested and charged undersection 341 of the penal code for obstructing

the sidewalk near the entrance of Rangoonscity hall. 54 farmers were charged withtrespassing on land that had been confiscatedby the army in 1992, but had been rented backto them until 2014 when it was once againconfiscated.

MONTH IN REVIEW

(22 December 2014 - RFA) (2 January 2015 -

DVB)(22 December 2014 -Irrawaddy) (6

December 2014 - Burma Partnership)

(December 12 2014 - BNI)(3 December 2014 -

The Irrawaddy)(3 December 2014 - DVB)(11

December 2014 - DVB)(15 December 2014 -Myanmar Times)(18 December 2014 - DVB)

(17 December 2014 - RFA/Burmese) (23

December 2014 - The Irrawaddy)(19

December 2014 - The Irrawaddy/Burmese
http://www.rfa.org/english/news/myanmar/lepaduang-clash-12222014165911.htmlhttp://www.dvb.no/news/official-probe-launched-into-latpadaung-killing-burma/47018http://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.burmapartnership.org/2014/12/myanmar-military-allegedly-killed-14-year-old-school-girl/http://www.burmapartnership.org/2014/12/myanmar-military-allegedly-killed-14-year-old-school-girl/http://bnionline.net/index.php/news/kng/17957-despite-threats-kachin-family-maintains-tatmadaw-killed-daughter.htmlhttp://www.irrawaddy.org/burma/lawyer-raps-report-burma-journalists-death-demands-new-inquiry.htmlhttp://www.irrawaddy.org/burma/lawyer-raps-report-burma-journalists-death-demands-new-inquiry.htmlhttp://www.irrawaddy.org/burma/lawyer-raps-report-burma-journalists-death-demands-new-inquiry.htmlhttp://www.dvb.no/news/par-gyi-shot-to-death-but-not-tortured-mnhrc-burma-myanmar/46293http://www.dvb.no/news/par-gyi-shot-to-death-but-not-tortured-mnhrc-burma-myanmar/46293http://www.dvb.no/news/par-gyis-widow-slams-state-inquiry-into-his-death-burma-myanmar/46431http://www.dvb.no/news/par-gyis-widow-slams-state-inquiry-into-his-death-burma-myanmar/46431http://www.dvb.no/news/par-gyis-widow-slams-state-inquiry-into-his-death-burma-myanmar/46431http://www.mmtimes.com/index.php/national-news/12561-accusations-fly-over-rights-commission-investigation.htmlhttp://www.mmtimes.com/index.php/national-news/12561-accusations-fly-over-rights-commission-investigation.htmlhttp://www.mmtimes.com/index.php/national-news/12561-accusations-fly-over-rights-commission-investigation.htmlhttp://www.dvb.no/news/par-gyi-killing-lawyers-demand-official-investigation-burma-myanmar/46672http://www.dvb.no/news/par-gyi-killing-lawyers-demand-official-investigation-burma-myanmar/46672http://www.dvb.no/news/par-gyi-killing-lawyers-demand-official-investigation-burma-myanmar/46672http://www.rfa.org/burmese/news/lawsuit-students-protest-education-bill-12172014225735.htmlhttp://www.irrawaddy.org/burma/police-arrest-14-dismantle-protest-camp-rangoon-city-hall.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://www.irrawaddy.org/burma/police-arrest-14-dismantle-protest-camp-rangoon-city-hall.htmlhttp://www.rfa.org/burmese/news/lawsuit-students-protest-education-bill-12172014225735.htmlhttp://www.rfa.org/burmese/news/lawsuit-students-protest-education-bill-12172014225735.htmlhttp://www.dvb.no/news/par-gyi-killing-lawyers-demand-official-investigation-burma-myanmar/46672http://www.mmtimes.com/index.php/national-news/12561-accusations-fly-over-rights-commission-investigation.htmlhttp://www.mmtimes.com/index.php/national-news/12561-accusations-fly-over-rights-commission-investigation.htmlhttp://www.dvb.no/news/par-gyis-widow-slams-state-inquiry-into-his-death-burma-myanmar/46431http://www.dvb.no/news/par-gyis-widow-slams-state-inquiry-into-his-death-burma-myanmar/46431http://www.dvb.no/news/par-gyi-shot-to-death-but-not-tortured-mnhrc-burma-myanmar/46293http://www.irrawaddy.org/burma/lawyer-raps-report-burma-journalists-death-demands-new-inquiry.htmlhttp://www.irrawaddy.org/burma/lawyer-raps-report-burma-journalists-death-demands-new-inquiry.htmlhttp://bnionline.net/index.php/news/kng/17957-despite-threats-kachin-family-maintains-tatmadaw-killed-daughter.htmlhttp://www.burmapartnership.org/2014/12/myanmar-military-allegedly-killed-14-year-old-school-girl/http://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.dvb.no/news/official-probe-launched-into-latpadaung-killing-burma/47018http://www.rfa.org/english/news/myanmar/lepaduang-clash-12222014165911.htmlhttp://www.rfa.org/english/news/myanmar/lepaduang-clash-12222014165911.html


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DETENTIONS

Myanmar Activist Charged WithDefamation Following Arrest

An activist, Wai Lu, was arrested and chargedwith defamation of the state under article 505(b) of the Penal Code after he providedhumanitarian assistance to the protest groupwho was speaking out against authoritiesunlawfully confiscating their land. Khin MaungMyint, who lives at the Migyaungkan protestclaims that Wai Lu was not involved in theprotest and that he simply providedhumanitarian assistance to the elders of thecamp. Outraged by his arrest, members of the

Minyaungkan protest camp went to theKyauktada court in support of Wai Lu wherethey discovered that he had already been sent toInsein Prison to await trial.(December 19, 2014 - RFA)

Former NLD Member DetainedOn 17 December former NLD member Htin LinOo, who was faces charges under Article 295(a)prohibiting deliberate and malicious actsintended to outrage religious feelings, andArticle 298 which forbids uttering words withdeliberate intent to wound religious feelings,was denied bail by the Chaung-U TownshipCourt after being told that he would be able toapply for it. His lawyer said The court said hecan apply for bail and he prepared theapplication, but when he submitted it, the courtrefused it suddenly and told him he would bedetained. His charges stem from a speech hegave on October 23 during which he spoke outabout Buddhist nationalism and extremism. He

is currently in Monywa Prison awaiting his nextcourt date on 24 December.(17 December 2014 - Irrawaddy) (17 December2014 - Eleven)

14 Land Rights ProtestorsArrested and Charged14 protesters living in an encampmentoutside Rangoon City Hall who havebeen demonstrating against theconfiscation of Michaungkan land wereevicted, arrested and charged earlymorning of December 23. The militaryconfiscated these lands in the 1990sand then rented them out for industrialagricultural projects. The protestershad been protesting in the encampmentsince December 12. They were arrested

and charged for unlawful assemblyunder Section 18 of the PeacefulAssembly Law and an additional chargefor obstruction of a public walkwayunder Article 341 of Burmas PenalCode because the encampment blockeda sidewalk near the entrance toRangoons City Hall. The accused werereleased on bail and are due back incourt on January 6, 2015.(23 December 2014 - The Irrawaddy)
http://www.rfa.org/english/news/myanmar/wai-lu-arrest-12192014171144.htmlhttp://www.rfa.org/english/news/myanmar/wai-lu-arrest-12192014171144.htmlhttp://www.irrawaddy.org/burma/nld-member-denied-bail-religious-offence-trial.htmlhttp://elevenmyanmar.com/index.php?option=com_content&view=article&id=8424:court-denies-writer-htin-lin-oo-s-bail&catid=44:national&Itemid=384http://elevenmyanmar.com/index.php?option=com_content&view=article&id=8424:court-denies-writer-htin-lin-oo-s-bail&catid=44:national&Itemid=384http://elevenmyanmar.com/index.php?option=com_content&view=article&id=8424:court-denies-writer-htin-lin-oo-s-bail&catid=44:national&Itemid=384http://www.irrawaddy.org/burma/police-arrest-14-dismantle-protest-camp-rangoon-city-hall.htmlhttp://www.irrawaddy.org/burma/police-arrest-14-dismantle-protest-camp-rangoon-city-hall.htmlhttp://www.irrawaddy.org/burma/police-arrest-14-dismantle-protest-camp-rangoon-city-hall.htmlhttp://elevenmyanmar.com/index.php?option=com_content&view=article&id=8424:court-denies-writer-htin-lin-oo-s-bail&catid=44:national&Itemid=384http://elevenmyanmar.com/index.php?option=com_content&view=article&id=8424:court-denies-writer-htin-lin-oo-s-bail&catid=44:national&Itemid=384http://www.irrawaddy.org/burma/nld-member-denied-bail-religious-offence-trial.htmlhttp://www.rfa.org/english/news/myanmar/wai-lu-arrest-12192014171144.html


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Seven Charged In Anti-Mine ProtestFour people who took part in a protest againstthe China backed Latpadaung Copper Minewere arrested and charged under articles 353and 505(b) of the Penal Code for interfering

with public servants in discharge of their dutiesand for inciting offences against the state. NawOhn Hla, Nay Myo Zin, and Sein Htwe werearrested by the Dagon Township police forstaging a protest near the Chinese Embassy inRangoon. They have been taken to DagonTownship court and sent to Insein Prison. Afourth protester, Tin Htut Pai was arrested andput under investigation then also taken toInsein Prison. According to an AAPP sourcethree others have also been indicted under the

same charges. Mya Nyunt, That Zin, and SanSan Win have been indicted, but have yet to bearrested.(31 December 2014 - RFA)
http://www.rfa.org/english/news/myanmar/charged-12312014153818.htmlhttp://www.rfa.org/english/news/myanmar/charged-12312014153818.htmlhttp://www.rfa.org/english/news/myanmar/charged-12312014153818.html


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INCARCERATIONS

Activist Who Organized Protest with5000 Farmers Imprisoned

Tin Tun Aung, an activist who planned aprotest with over 5,000 farmers in order totake back land in Sinbaungwe Township inMagwe Division, was sentenced to pay a10,000 kyat fine (or) spend one month inprison under section 19 of Peaceful Assemblyand Peaceful Procession Law at Sinbaungwetownship court on December 31, 2014.However, he chose the prison sentence.

I led the protest and work for the farmers

benefit. I guess I am not guilty. If I paid fine tothe court, it would be like I've admitted that Ihave guilt. I assumed that I am working on theright thing for over 5,000 farmers; so, mychoice is one month in prison sentence. If Iwork for peoples benefit, it is no more thanbeing detained in prison, I guess, said Tin TunAung.

The farmers were demanding the return ofabout 21,750.81 acres of land from 11 villages in

Sinbaungwe Township, Magwe District. SinceSeptember 25 Sinbaungwe Township police didnot allow Tin Tun Aung to protest. MagweTownship court decided to sentence him undersection 19 of Peaceful Assembly and PeacefulProcession Law. Magwe Township policestation commander, police lieutenant ShweHtay was a plaintiff to sue Tin Tun Aung.(31 December 2014 - Mizzima/Burmese)

Social Worker Faces Charges ForHelping Peasants

According to an AAPP source, Aung Soe, amember of the Rangoon People SupportNetwork was charged on November 3 undersections 427 and 447 of the Penal code fortrespassing and vandalism. His sentence wasgiven on December 31st. According to aresident of Madaya Township Aung Soe has

been charged a second time withtrespassing and Vandalism. He is charged

under article 447 by Madaya Tsp courtregarding the vandalism of a fish farmingarea located in Thapyae-Thar village."

Four Farmers Sentenced to One YearAAPP received information on FourFarmers, Ye Yint Aung, Ko Ko Aung, ZawWin, and Nay Win, who were sentenced toone year in prison under section 505(b) ofthe Penal Code for taking part in a plough

protest where they re-plowed land that wasconfiscated by the authorities. The menparticipated in the protest and wereindicted in March, but were not given theirsentence until December 31. Ye Yint Aung,Ko Ko Aung, and Zaw Win were chargedSection 18 of the Peaceful Assembly andPeaceful Procession Act and weresentenced to three months in prison.
http://www.mizzimaburmese.com/2013-10-20-16-16-07/2013-11-01-01-48-27/item/36054-2014-12-31-11-49-13http://www.mizzimaburmese.com/2013-10-20-16-16-07/2013-11-01-01-48-27/item/36054-2014-12-31-11-49-13


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Three Protesters Fined 10,000 KyatTwo members of All Burma Federation ofStudent Union and one former political prisonerLaurence Kyaw Kyaw, Tun Aung Kyaw, and Aung

Than Htay, were sentenced under Section 18 ofthe Peaceful Assembly and Peaceful ProcessionAct on December 30 for their participation in aprotest against the National Education Bill.According to Aung Htet a member of ABSFU Weprotested against the National Education Bill onSeptember 4, 2014. ABFSU, Taungoo District,chairman, Laurence Kyaw Kyaw and memberTun Aung Kyaw were charged under Section 18and Aung Than Htay was arrested. The threemen were each given a fine of 10,000 kyat.

Army Officer Jailed for EndorsingConstitutional ReformMajor Kyaw Zwar Win, an officer in the military,has been sentenced to two years imprisonmentfollowing his support of the National League forDemocracy (NLD) for whom he signed a petitionwhich was calling for amendments to be made tothe 2008 Constitution. He has been in detentionsince April during which time he was deniedvisitation rights. He was charged under Article 65

of the Military Code for violating military rulesand Article 41(E) for disobeying a military order.According to Kyaw Zwar Win there is an order inthe army restricting anyone from being involvedwith amending Article 436 which gives the armyveto power over constitutional amendments. Bysigning the petition he broke this rule and was, asa result, incarcerated.(5 December 2014 - RFA) (8 December 2014 -DVB)
http://www.rfa.org/english/news/myanmar/jailed-soldier-12052014134959.htmlhttp://www.rfa.org/english/news/myanmar/jailed-soldier-12052014134959.htmlhttp://www.dvb.no/news/army-officer-jailed-for-signing-article-436-petition-burma-myanmar/46353http://www.dvb.no/news/army-officer-jailed-for-signing-article-436-petition-burma-myanmar/46353http://www.dvb.no/news/army-officer-jailed-for-signing-article-436-petition-burma-myanmar/46353http://www.dvb.no/news/army-officer-jailed-for-signing-article-436-petition-burma-myanmar/46353http://www.dvb.no/news/army-officer-jailed-for-signing-article-436-petition-burma-myanmar/46353http://www.rfa.org/english/news/myanmar/jailed-soldier-12052014134959.html


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RELEASES

AAPP received no information on releases for

December 2014


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CONDITIONS OF DETENTIONS

AAPP received no information on conditions of

detentions for December 2014


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DEMONSTRATIONS AND RELATED RESTRICTIONS

ON POLITICAL AND CIVIL LIBERTIES

Htin Kyaw Charged AgainHtin Kyaw, a leader of the Myanmar DemocraticCurrent Force, who is currently serving a 13 yearand 4 month sentence was charged again undersections 18 and 19 of the Peaceful Assembly andPeaceful Procession Act on December 17. Thecharge stems from March 2014 when Htin Kyawled the opening of a protest camp in from of Taw-Win Cherry Building, Ward Number-6,Mayangone Township. He and two others wereindicted. Htin Kyaw said I requested thepermission from Tsp Police Force Officer, and we

protested against; however, we are now chargedunder section 18 and 19 as we were accused ofopening the protest camp and protesting beyondthe permission. When I asked the police at thecourt hearing that whether there is a law to suethe person who opens the protest camp, heanswered no.(18 December 2014 - Facebook)Police Kill Villager in Copper Mine StandoffPolice Shoot Villager in Copper MineStandoffDuring a protest over the controversialLatpadaung copper mine a woman, Daw KhinWin was killed and at least 10 others were injured.The incident happened when a group of 60farmers from Moekyopyin, Sete and Tonywavillages came together to try and stop contractorswho were hired by Wanbao Mining Copper Ltd,which owns the mine, from putting up a fencearound a piece of land that the farmers say theyhave not been compensated for.. According toZaw Myint Than, a farmer from Moekyopyinvillage, Khin Win was killed by a bullet wound tothe head. Government-backed Myanmar National

Human Rights Commission has also joined aseparate investigation on January 1, 2015 into theshooting. Seven eye-witnesses were summoned byofficials to recount what had happened. OnJanuary 1, 2015 local farmers staged another rallycalling for justice for Daw Khin Wins family.(22 December 2014 - RFA) (22 December 2014 -Irrawaddy)(22 December 2014 - DVB)(2 January 2015 - DVB)

Activist Charged after HonoringAnniversary of General Aung SansBirthdayApproximately 200 activists, includingWin Htike Hein, marched fromKemmendine Township to City Hall inKyauktada Township, Rangoon, onDecember 8, 2014 in honor of the 100 yearbirthday anniversary of General Aung SanThe activists were permitted by theGeneral Director of Kemmedine Township

to assemble and march on KyikekasanKwin on western Myin-Pyaing-Kwin roadTamwe Township. However, the marchersredirected to City Hall which resulted inWin Htike Hein, the leader of thedemonstration, being charged undersection 19 of the Peaceful Assembly andPeaceful Procession Act. According to WinHtike Hein, the protestors will be indictedunder section 19 for walking through sixother townships, which authorities did not

approve. These townships includeKemmedine, Ahlon, Latha, Lanmadaw,Pabedan and Kyauktada. Because westaged a protest without permission, wewere prosecuted under section 19. Wehave received the letter from two Townshipcourts: Kemmendine and Ahlon. I wasgranted one million Kyat bail atKemmendine Township court onDecember 19, said Win Htike Hein. Thesecond court hearing will be in KemmedineTownship court on December 31.

(December 19, 2014 - TheIrrawaddy/Burmese)
https://www.facebook.com/photo.php?fbid=362462133915398&set=a.219214871573459.1073741836.100004548426840&type=1&theaterhttp://www.rfa.org/english/news/myanmar/lepaduang-clash-12222014165911.htmlhttp://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.dvb.no/news/riot-police-open-fire-latpadaung-protestors/46803http://www.dvb.no/news/official-probe-launched-into-latpadaung-killing-burma/47018http://www.dvb.no/news/official-probe-launched-into-latpadaung-killing-burma/47018http://burma.irrawaddy.org/news/2014/12/19/68798.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68798.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68798.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68798.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68798.htmlhttp://www.dvb.no/news/official-probe-launched-into-latpadaung-killing-burma/47018http://www.dvb.no/news/riot-police-open-fire-latpadaung-protestors/46803http://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.irrawaddy.org/burma/police-kill-villager-copper-mine-standoff.htmlhttp://www.rfa.org/english/news/myanmar/lepaduang-clash-12222014165911.htmlhttps://www.facebook.com/photo.php?fbid=362462133915398&set=a.219214871573459.1073741836.100004548426840&type=1&theater


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Ko Ko Gyi and Group of Activists Chargedunder Section 19A 100 square foot sport ground in South OkkalapaTownship has been appropriated for aconstruction project by the Minister of Rangoon

Division of Government, however the constructionplan was postponed after people in the areasubmitted a complaint. On December 21, 2014, agroup of activists staged a protest against theconstruction project since the construction planwas re-started. five leaders including Ko Ko Gyi(88 Generation Peace and Open Society) andamong two hundred other activists were chargedunder section 19 of the Peaceful Assembly andPeaceful Procession Law by the South OkkalapaTownship Police Commander. Mone Khat, one of

the protest leaders, as well as a former politicalprisoner, said they were charged under section 19because they staged a protest in a prohibited area.

They were granted permission to stage a protest atHit Tai, but decided to move their protest to aprohibited area as they would not be seen in HitTai. Because of that they were charged undersection 19(December 21, 2014 - RFA/Burmese) (22December 2014 - DVB)

(22 December 2014 - Irrawaddy)

Twenty Nine Activists Charged foStaging a Protest Against the NationaEducation BiThe number of activists, charged undeSection 18 of the Peaceful Assembly an

Peaceful Procession Act or staging a proteagainst the education bill, is 29 at thmoment. Min Thway Thit, a joint secretary All Burma Federation of Student Union(ABFSU) said nineteen ABFSU members anten supporters were charged under section 1in Taungoo, Monywa, Myingyun and PromTownships. As student activists said they dnot accept the section 18, they do not plan trequest bail or appear at the court hearinbut they decided to follow the authorities

they were arrested. Students pointed ounine primary facts to amend in the NationEducation Bill and they also requested thgovernment to talk for this issue.(17 December 2014 - RFA/Burmese)

MDCF Stage Protest in MandalayOn December 15, 2014, Myanmar DemocratCurrent Force (MDCF) members staged protest against the wrongful charge of MDCmember Thein Aung Myint at Aung MyaTharzan Township court. Thein Aung Myin

was charged under Section 18 of the PeacefuAssembly and Procession Act foparticipating in an October 23 proteregarding the death of freelance journaliPar Gyi.
http://www.rfa.org/burmese/news/police-sue-kokogyi-and-group-12212014093833.htmlhttp://www.rfa.org/burmese/news/police-sue-kokogyi-and-group-12212014093833.htmlhttp://www.dvb.no/news/activists-charged-for-staging-unauthorised-protest-burma-myanmar/46788http://www.dvb.no/news/activists-charged-for-staging-unauthorised-protest-burma-myanmar/46788http://www.irrawaddy.org/burma/rangoon-police-charge-ko-ko-gyi-4-activists-unauthorized-protest.htmlhttp://www.rfa.org/burmese/news/lawsuit-students-protest-education-bill-12172014225735.htmlhttp://www.rfa.org/burmese/news/lawsuit-students-protest-education-bill-12172014225735.htmlhttp://www.irrawaddy.org/burma/rangoon-police-charge-ko-ko-gyi-4-activists-unauthorized-protest.htmlhttp://www.dvb.no/news/activists-charged-for-staging-unauthorised-protest-burma-myanmar/46788http://www.dvb.no/news/activists-charged-for-staging-unauthorised-protest-burma-myanmar/46788http://www.rfa.org/burmese/news/police-sue-kokogyi-and-group-12212014093833.html


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Police Kill Villager in Copper Mine StandoffDuring the time of the protest Thein AungMyint was being held and questioned at AungMyae Tharzan Township Police Station and wasfreed from custody around the time that theprotest ended. Despite his alibi, he was indicted

on October 28 under Section 18 by the stationcommander of Aung Myae Tharzan TownshipPolice Station. As a result of these falseaccusations, Thein Aung Myint and otherMDFC members staged the December 15protest in front of the court. While facingcharges at court, I realized that the judge wasbiased and was in favor of the prosecutingpolice officer. I have yet to be convicted;therefore I am not an offender. I have beenfalsely accused. I staged a protest, and I

demand that I am not tried under this judgesaid Thein Aung Myint. He has appeared eighttimes before the township court regarding thiscase.(15 December 2014 - RFA/Burmese)

Legal Dispute Between Teachers OverStudent Union MovementHtay Htay Wai, a primary school teacher fromBasic Education Primary School, SagaingTownship, Sagiang Division, claims that herheadmaster issued an order for her transfer to adifferent school on the premise of it being arequirement of the school, however she believesthat it is due to her involvement in the studentunion movements. People questioned whethershe was a member of any student union, butwhen witnesses began to be questioned sherealized that the order had come from a higherauthority, namely the Divisional Director ofEducation. Htay Htay Wai refused to transferand as a result the headmaster removed seatsfrom her class.

Police Kill Villager in Copper Mine StandoffSubsequently 27 second grade students hadsit on a concrete floor during her class. A phof the incident is now circulating sonetworks. In response, the headmasrequested the Sagaing Township Police to op

a case against Htay Htay Wai under sect447/500. Two female and two male studewere questioned by the police without parenconsent. The parents of the students wreportedly dissatisfied with the questioningtheir children. Deputy Police Chief, TheinkWinfrom, from Police Sagaing Township, sthey did not inform students parents becathey were questioned during the class hoHtay Htay Wai said she plans to sue headmaster Htike San for providing the wro

information to the police and she will sue lomedia and journalists who quoted headmasters complaint.(12 December 2014 - RFA/Burmese)
http://www.rfa.org/burmese/news/mdcf-member-protest-mdy-12152014102426.htmlhttp://www.rfa.org/burmese/news/mdcf-member-protest-mdy-12152014102426.htmlhttp://www.rfa.org/burmese/news/sagaing-teacher-and-head-master-argument-12122014113427.htmlhttp://www.rfa.org/burmese/news/sagaing-teacher-and-head-master-argument-12122014113427.htmlhttp://www.rfa.org/burmese/news/sagaing-teacher-and-head-master-argument-12122014113427.htmlhttp://www.rfa.org/burmese/news/mdcf-member-protest-mdy-12152014102426.html


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Police Kill Villager in Copper Mine StandoffMyanmar Herald Reporter SuedThan Myat Soe a Pegu based reporter from TheMyanmar herald has had a case filed againsthim by Pegu Divisions Letpandan TownshipPolice Colonel Bhone Myint. The lawsuit was a

result of an opinion piece written by Than MyatSoe claiming that the local police force andSpecial Branch were taking bribes from illegalgambling rings. He is being sued under theMedia Law Article 9 and Article 25(b), and isaccused of producing an article thatdeliberately affects the reputation of a specificperson or organization.(8 December 2014 - The Irrawaddy)

Police Kill Villager in Copper Mine StandoffNLD Member Prosecuted For Violating

Penal CodeHtin Lin Oo a columnist and National Leaguefor Democracy (NLD) member has has alawsuit filed against him on November 20 byTun Khaing, an officer from the Department ofImmigration in Sagaing Divisions Chaung-UTownship under Article 295(a) prohibitingdeliberate and malicious acts intended tooutrage religious feelings, and Article 298which forbids uttering words with deliberateintent to wound religious feelings. Htin Lin Oo

conducted a speech in Novemberwhich causedoutrage from Buddhist groups. Tun Khaingstated The Township Sangha Nayaka (BuddhistClergy) requested me to sue him since hisspeech disgraced their religion.(8 December 2014 - The Irrawaddy)

Independent Media Outlets Barred fromNorwegian Kings Visit to MandalayWith the arrival of King Harald of NorwayDecember 5, 2014, local Special Branch polrefused independent media outlets, such as TVoice, Seven Day News, and Democratic Voof Burma coverage of the event claiming tonly legal media was permitted. After sevehours of exclusion from the event, journalists were finally allowed access to cohis arrival. Frustrated over the inequity access and favoritism for state and army-ownmedia, most of the independent press decidto not cover the event. The Norwegian Kinarrival caused contention as the Mandaauthorities abruptly ordered families livalong the Irrawaddy River to vacate the area

order to bulldoze their homes replacing thwith flower pots in order to present a maesthetic image of the landscape. After tKings visit, the squatters returned to the baand began to rebuild their homes.(5 December 2014 - The Irrawaddy)December 2014 - The Irrawaddy)(10 Decemb2014 - DVB)
http://www.irrawaddy.org/burma/pegu-police-sue-myanmar-herald-reporter.htmlhttp://www.irrawaddy.org/burma/nld-member-prosecuted-wounding-religious-feelings.htmlhttp://www.irrawaddy.org/burma/independent-media-banned-covering-norwegian-kings-mandalay-arrival.htmlhttp://www.irrawaddy.org/burma/independent-media-banned-covering-norwegian-kings-mandalay-arrival.htmlhttp://www.irrawaddy.org/burma/squatters-evicted-ahead-norwegian-kings-arrival-mandalay.htmlhttp://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.dvb.no/dvb-video/irrawaddy-river-bank-settlers-return-to-site-after-eviction-burma-myanmar/46420http://www.irrawaddy.org/burma/squatters-evicted-ahead-norwegian-kings-arrival-mandalay.htmlhttp://www.irrawaddy.org/burma/independent-media-banned-covering-norwegian-kings-mandalay-arrival.htmlhttp://www.irrawaddy.org/burma/nld-member-prosecuted-wounding-religious-feelings.htmlhttp://www.irrawaddy.org/burma/pegu-police-sue-myanmar-herald-reporter.html


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RESTRICTIONS ON FORMER POLITICAL PRISONERS

Committee for Scrutinizing Remaining

Political Prisoners Raises Issue WithGovernment InactionThe Committee for Scrutinizing RemainingPolitical Prisoners has raised the issue thattheir work has stalled and gaining access to thecase files of political prisoners has become verydifficult as the government refuses tocooperate. Ye Aung, a member of thecommittee, stated we are doing our job,making a list of inmates who we considerpolitical prisoners, but the problem is the

government doesnt call meetings. When thecommittee was first established they wouldmeet once a month, the last meeting was heldsix months ago in July.(16 December 2014 - The Irrawaddy)

Permanent Residence Policy Restrictsand Exiles ActivistsThe Ministry of Immigration and Populationhas announced that starting December 29former citizens of Burma will be able to returnafter they have completed the required five-year

period under the Permanent Residence (PR)program. However, the PR program comes withnumerous restraints such as terms forbiddingany returnee to participate in elections,organize political events, and visit certain ruralareas. In addition to this, those who have beengranted political asylum or refugee status in aforeign country are not eligible to return;clearly forming barriers to anyone deemed apolitical threat. The program has anadditional rule which states that in order to be

eligible one must be able to assist in thedevelopment of the countrys business,education, or social sector. In addition to

these hindrances, the programs length, costl

application and annual fees, as well arestrictive eligibility criteria have also beecriticized. Political activists and human rightgroups in Burma have accused the governmenof creating unclear policies regardinrepatriation that go against President TheiSeins objective of national reconciliationPresident Thein Sein specifically said durinthe UN General Assembly that the cominback with dignity of the exiled political forcewas evidence of the countrys progress toward

democracy. However this is not reflective othe current issues that many exiles are facinwhen applying for visas, permanent residencand the reinstatement of citizenship. AAPPJoint Secretary, Bo Kyi, was quoted in ThIrrawaddy regarding the controversiapermanent residency system for Burmese exilewhich has promised return but created manhurdles for those seeking to come back tBurma. Bo Kyi told the media via telephonfrom Thailand that In the past, it took a dayoa few days to get it (entry visa). When contacted the Presidents Office, I didnt get proper reply.(15 December 2014 - Myanmar Times(December 18, 2014 - The Irrawaddy
http://www.irrawaddy.org/burma/political-prisoners-committee-criticizes-govt-inaction.htmlhttp://www.mmtimes.com/index.php/in-depth/12545-pr-rules-freeze-out-exiled-politicians.htmlhttp://www.irrawaddy.org/burma/govt-message-contradictory-return-exiles-activists.htmlhttp://www.irrawaddy.org/burma/govt-message-contradictory-return-exiles-activists.htmlhttp://www.irrawaddy.org/burma/govt-message-contradictory-return-exiles-activists.htmlhttp://www.mmtimes.com/index.php/in-depth/12545-pr-rules-freeze-out-exiled-politicians.htmlhttp://www.irrawaddy.org/burma/political-prisoners-committee-criticizes-govt-inaction.html


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LAND ISSUES

54 Farmers Prosecuted in Shwe-Daung

TownshipOn October 24, 54 farmers were prosecuted fortrespassing under Section 447 by Khin MaungWin, a Sergeant from Light Battalion 14, ShweDaung Township, Pegu Division. PoliceSergeant Aung Myint Htay from Myo Ma PoliceStation, Shwe Daung Township said that policefrom Shwe Daung Township have abided by thepolice manual when they questioned theaccused farmers. Because the case is a non-cognizable offense, the court has been directly

informed. Abiding by the judges instructionsand Article 202 of the police manual, thefarmers were separated and questioned by thepolice second lieutenants at the Village DirectorOffices. After they were questioned their casewas handed over to the court, said policesergeant Aung Myint Htay. Until 2011 farmershad to pay a yearly fee in order to use the landwhich was confiscated in 1992, but that fee waslifted in 2012. In 2014 the fee was still waived,but when it came time to plant rice paddies theywere told they were not allowed to use the landanymore. The initial court hearing wascancelled because several farmers did not showup. They say they will appear before the court inregards to trespassing and will attempt toregain their confiscated land.(19 December 2014 The Irrawaddy/Burmese)

Vice President Nyan Tun Speech at

National Land Resource ManagementCentral Committee MeetingOn December 9 The National Land ResourceManagement Central Committee held its firstcollaboration meeting in Nay Pyi Taw with VicePresident Nyan Tun giving the opening speech.In this speech he suggested that the committeeshould ensure legal protection of landownership rights.(10 December 2014 - Global New Light OfMyanmar)

Farmers in Nay Pyi Taw tried fortrespassingThirty one farmers, residents of Kalar-Gyi-Konevillage, Dekhina Thiri Tsp, Nay Pyi Taw Councilarea, were charged under Municipal Act Section26 for trespassing. Eight were tried atMunicipal Court in Zabuthiri Tsp, on December8, 2014. These particular eight served previousprison sentences for trespassing on land ownedby the Ministry of Environmental Conservationand Forest. They were indicted again onDecember 8 for trespassing in the Nay Pyi TawCouncil project area. One of the accusedfarmers Win Aung stated At the moment, weare charged again by the City DevelopmentCommittee and facing trial at the court. We,who have already been convicted, were onlyindicted again once some people built a bighouse and lived just near my fence were notcharged by anyone. The defendants have livedin Kalar-Gyi-Kone village for about 20 years.Since this area has been recognized as Nay Pyi

Taw Councils Special Project Area, the transferorder was later issued there.(8 December 2014 - RFA/Burmese)
http://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://burma.irrawaddy.org/news/2014/12/19/68778.htmlhttp://issuu.com/myanmarnewspaper/docs/10_dec_14_gnlm/0http://issuu.com/myanmarnewspaper/docs/10_dec_14_gnlm/0http://www.rfa.org/burmese/news/naypyitaw-illegal-tenant-12082014110349.htmlhttp://www.rfa.org/burmese/news/naypyitaw-illegal-tenant-12082014110349.htmlhttp://www.rfa.org/burmese/news/naypyitaw-illegal-tenant-12082014110349.htmlhttp://issuu.com/myanmarnewspaper/docs/10_dec_14_gnlm/0http://issuu.com/myanmarnewspaper/docs/10_dec_14_gnlm/0http://burma.irrawaddy.org/news/2014/12/19/68778.html


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KEY INTERNATIONAL DEVELOPMENTS

Burma In Top 10 List Of JournalistJailersBurma has made the list of the top 10 list ofworst jailers of journalists according to a reportreleased by the Committee to ProtectJournalists. According to the report, Burma had10 Journalists in prison at the time of therelease. This number puts Burma at number 8in the top ten list. All of the journalists who arecurrently in prison are charged on anti-statecharges. Of the ten journalists imprisoned thefive employees of the Unity Weekly are the

most high profile as they each received asentence of 10 years under the state secrets act.According to CTPJ Rather than reformingdraconian and outdated security laws,President U Thein Seins government is usingthe laws to imprison journalists.(19 December 2014 - Mizzima)
http://www.mizzima.com/mizzima-news/myanmar/item/16042-myanmar-in-top-10-ranking-of-journalist-jailers-ngohttp://www.mizzima.com/mizzima-news/myanmar/item/16042-myanmar-in-top-10-ranking-of-journalist-jailers-ngo


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Conclusion / Analysis

The Peaceful Assembly and PeacefulProcession Act continues to be used as atool for the government to stifle theactivities of its opponents. As of December24 people including 14 land rights activistswere charged under the law.

Land rights or lack there of also played alarge part in the month of December. 54

farmers faced charges for trespassing ontoland that they had been paying to work onfor years only for the right to work on it tobe taken away at one of the most importantagricultural times of the year. 14 other landrights activists were charged with Section 18of the Peaceful Assembly and PeacefulProcession Act as well as section 341 of thePenal Code for creating and maintaining anencampment that blocked the entrance tocity hall in Rangoon. It is obvious through

the lack of peaceful response to multipleprotests that the government cares little forthe land rights of the people and plans oncontinuing to do what it sees fit with theland without considering the needs of thepeople.

The death of Daw Kin Win demonstratesboth the lack of regard for basic civilliberties with regards to land confiscation,and how the extrajudicial killings of

Burmas citizens must end. The need forindependent and transparent investigationhas been evidenced before, and this latestkilling reiterates this desperate need.

The Permanent Residency Programallows those who have left to come back,but there are several caveats. Firstly,those who were grant asylum or refugeestatus will not be able to take part in theprogram. In addition, people who takepart in the program are forbidden to haveany doings in politics and anyone who isdeemed a political threat will not be

allowed to take part. This program is athinly veiled attempt to keep any of theformer political activists and opponentsfrom being able to have any influenceover the future of the country whilemaking Burma seem like it is movingforward in its efforts towards nationalreconciliation all the while.

The extrajudicial killings highlighted inDecember and the ongoing arrests of

activists demonstrate the lack of respectfor the human rights and civil liberties ofthe people is continuing at the end of2014. 2015 is expected to be an importantyear for Burma and the need foraccountability and transparency hasnever been greater. The governmentmust make a strong commitment toending the abuse of its people and bring ameasure of openness to the investigationsand accountability to the perpetrators.

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Documents

AAPP December 2014 Chronology