MAY CHRONOLOGY 2017

Summary of the Current Situation:

There are 249 individuals oppressed in Burma due to political activities,

40 political prisoners are serving prison sentences, 87 are awaiting trial inside prison, 122 are awaiting trial outside Picture from Irrawaddy ©2017 prison. Accessed May 2017

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Table of Contents

POLITICAL PRISONERS ...... 3 ▪ CHARGES ...... 3 ▪ TRIALS ...... 4 ▪ SENTENCES ...... 5 ▪ RELEASES ...... 7 ▪ FORMER POLITICAL PRISONERS ...... 9 RESTRICTIONS ON CIVIL AND POLITICAL RIGHTS ...... 10 LEGISLATION AND POLICY DEVELOPMENTS ...... 16 REFERENCES ...... 19

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POLITICAL PRISONERS

▪ CHARGES for May 19. AAPP will provide follow up information as and when we receive it. (17 May 2017 - Lin Htet Naing’s Facebook Two Students Prosecuted by Pathein Account/Burmese) Township Court for Defamation On May 12, two students named Aung Khant Zaw and Myat Thu Htet, were prosecuted under Section 500 of the Penal Code by the Pathein Township Court for defaming the military. Pathein Township Court Judge Win Aung decided to drop the charges against the seven other students. On January 17, the Army sued these nine students for defamation after they staged a drama critical of the armed clashes between ethnic groups and the military, during a peace discussion at The Bassein Hotel in Pathein, Irrawaddy Division. The complaint was filed by General Staff Officer Lieutenant Colonel Aung Myo Khaing with the Pathein Township Court, claiming that the drama played by the students damaged the reputation of the Army and their families. The court hearing is scheduled on May 18. AAPP will report on the outcome of this hearing when the information is verified. (12 May 2017 – RFA/Burmese) (12 May 2017- Irrawaddy/Burmese)

Charges against ABSFU Leader Continue Charges against leader of the All Burma Federation Student Union (ABSFU) Lin Htet Naing, will not be dropped, announced the plaintiff immigration officer. The charges were filed after a contentious arrest in December 2016. During the arrest, the immigration officer discovered that Lin Htet Naing was carrying identification that was not his, and filed charges under Section 420 of the Penal Code for cheating. Lin Htet Naing was granted political amnesty in April 2016, and was released. It was expected that the charges under 420 of the Penal Code would also be dropped, but they were not. The next court hearing was scheduled

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▪ TRIALS

Two Baptist Church Officials Sent to Lashio Prison On May 6, the two Baptist Church officials named Naung Lat and Gam Seng who were arrested in December 2016 in Mong Ko Township, Kachin State, were transferred from Muse Township Police Station to Lashio Prison, Northern Shan State. On May 9, the two men appeared before the Lashio Township Court, where their trial had also been transferred. As some of the ten prosecution witnesses did not come to the hearing, the trial was postponed to May 17. Naung Lat and Gam Seng were arbitrarily taken into custody on December 24, 2016 and kept in secret detention for almost a month until January 19 when the Army confirmed their arrest and detention. On January 24, they were finally transferred to the Muse Police Station, Shan State, for formal investigation under Sections 17/1 and 17/2 of the Unlawful Associations Act. They were alleged to be providing information, recruiting troops, and transporting fuel to the Kachin Independence Army (KIA). On February 7, the Muse Township Court confirmed the charges under Section 17/1 of the Unlawful Associations Act and Section 8 of the Export and Import Law. On March 6, 2017, Naung Lat was additionally charged under Section 500 of the Penal Code for defaming the military. (10 May 2017 – Mizzima/Burmese)

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▪ SENTENCES months in prison under Section 427 of the Penal Code for trespass and mischief causing damage respectively. The case was Medical Student Pays K30,000 Fine for dropped against the other four farmers. The Protesting Civil War defendants have been facing trial since On May 2, medical student Nyan Myo Aung, August 2016, when a businessman named from Magwe Medical University, was given Soe Thein charged them at the Naung Cho a K30,000 (US$22) fine by Magwe Township Court for destroying his fence. In Township Court for protesting in front of 1992, 242 acres of lands, which were owned Magwe City Hall on February 4, holding a by the farmers in Kone Mone Village, were placard stating ‘End Civil Wars Right Now!’. confiscated under the military regime for In response to the verdict, Nyan Myo Aung implementing a coffee project. The project added that he is also protesting the was however abandoned and the seized restriction of freedom of expression and lands were instead given to businessmen. speech. He furthermore criticizes As the lands were neither cultivated nor university regulations that forbid students fenced by the businessmen, the farmers to participate in politics. decided to use them. (2 May 2017 - Myanmar Times/Burmese) (11 May 2017 – RFA/Burmese) (3 May 2017 - Myanmar Times) Woman Sentenced Under Article 66(d) A Man Sentenced to Six Months for Insulting the State Counselor Imprisonment for Defaming State On May 26, a woman named Sandi Myint Counselor Aung was sentenced to six months in prison On May 9, Nwe Oo Ko Ko was sentenced to by a Bago Division Court under Article 66(d) six months imprisonment by the Pathein of the Telecommunications Law. On Township Court under Section 66(d) of the October 28, 2016, Lin Lei Lei Hlaing filed a Telecommunications Law for a defamatory complaint against the defendant for sharing post against the State Counselor Daw Aung Facebook posts deemed insulting to State San Suu Kyi and the National League for Counselor Daw Aung San Suu Kyi. Sandi Democracy (NLD). Plaintiff Aye Aye Aung Myint was arrested on November 29 by the noticed a defamatory Facebook post on police and released on bail on December 26. February 24, and filed a complaint against (26 May 2017 - Irrawaddy) (26 May 2017 - Sandar Myint, the alleged owner of the said Irrawaddy/Burmese) (26 May 2017 - Facebook account, and her husband Nwe Oo RFA/Burmese) (26 May 2017 - 7 Day Ko Ko on February 26 at the Chaungtha Daily/Burmese) Township, Irrawaddy Division police station. Arrest followed on February 27. Six Villagers Given Prison Time for Charges against Sandar Myint were Trespassing in Arakan State dropped. On May 26, six villagers from Southern (10 May 2017 – The Voice/Burmese) Arakan State were sentenced to one month in prison by Pauktaw Township Court Eight Farmers Sentenced to Four Months under Section 447 of the Penal Code for Imprisonment criminal trespass. In early May, residents On May 11, eight out of a total of twelve from Let Pan Pyar Village in Pauktaw farmers from Kone Mone Village and Bant Township, Arakan State, built several huts Bway Village Tract in Naung Cho Township, on what they thought was vacant land. The Northern Shan State, were sentenced to one village administrator Aung Kyaw Nyunt month imprisonment under Section 447 of later filed a complaint against them for the Penal Code and to an additional three using government pastureland. According

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to him, the land in question was needed to support local families. Defendant Khin Oo Maung claimed that the villagers had received permission from the official before erecting the houses. (29 May 2017 - Burma News International/Burmese) (31 May 2017 - Burma News International)

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▪ RELEASES On May 9, the four Mandalay student activists arrested last month for protesting against Burma’s education system in front Former ABFSU Student Arrested in of the Department of Higher Education, Mandalay and Released on Bail were sentenced to a total of four months On May 11, former political prisoner and imprisonment by the Chanayethazan former student of the All Burma Federation Township Court, Mandalay Division. Kaung of Student Unions (ABFSU) Than Htike was Zaw Hein, Zaw Ye Htut, Hnin Aung and Ye arrested by officers from the Min Hla Myo Swe were sentenced to three months in prison under Article 19 of the Peaceful Township Police Station, Mandalay Division, under 228 of the Penal Code for Procession and Peaceful Assembly Act and interrupting a public servant sitting judicial to an additional 30 days under Section 228 proceeding. On September 1, 2016, Than of the Penal Code for disrespecting the court Htike was found in contempt of court while after they boycotted their trial on April 28 he was facing trial over a Letpadaung and chanted political songs during the Copper Mine Protest. As he has not hearings. For the latter charge, the appeared in court since November 2016, he defendants were given the choice of a was arrested on May 11 for breaching his K20,000 (US$15) fine or one-month bail. He appeared before the court on May imprisonment. They chose the jail time. The 17 and was granted bail again. His next students denounced the final sentence and court hearing is scheduled on June 01. were forcibly taken by the police from the courtroom to Obo prison, Mandalay. Several (12 May 2017 – RFA/Burmese) protests calling for the release of the jailed students and condemning violence against Seven Farmers Arrested over Land them have taken place. The four activists Disputes Released on Bail were released on May 24 as part of a On May 13, seven farmers from Dawei City, presidential amnesty granted to a total of Tanintharyi Division, who prevented the 259 prisoners, both criminal and political. Dawei Development Public Company (9 May 2017 - Irrawaddy) (9 May 2017 - (DDPC) from working on their lands, were DVB) (9 May 2017 - DVB/Burmese) (9 May arrested under Section 447 and 427 of the 2017 - RFA/Burmese) (9 May 2017 - Penal Code for criminal trespass and Mizzima/Burmese) (10 May 2017 - mischief. They were released the same day. Myanmar Times/Burmese) (10 May 2017 - The complaint was filed by the DDPC. The Myanmar Times) (11 May 2017 - Eleven lands were confiscated by the authorities as Myanmar) (31 May 2017 - part of the Dawei City Project Area which Irrawaddy/Burmese) allowed the DDPC to build a private school on these lands. But according to one of the Presidential Amnesty Granted to 259 seven farmers named Ye Htwe, the lands Prisoners, Among Whom 89 Political were seized without notice or Prisoners compensation. On May 14, as the DDPC On May 24, 186 Burmese citizens and 73 continued to work the soils, farmers foreign nationals were released from prison blocked them again. in a presidential amnesty to welcome the (14 May 2017 – RFA/Burmese) (14 May 21st Century Panglong Peace Conference. 2017 – The Voice/Burmese) According to an executive order from the President’s Office, the amnesty was Mandalay Student Protesters Sentenced declared to “Understand the Metta (Loving to Jail Released under Amnesty Kindness) and Goodwill of the State” and as

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a “Gesture of showing leniency for humanitarian reason”. Among the freed Burmese inmates, there were a total of 89 political prisoners released, including Zaw Zaw Latt and Pwint Phyu Latt who were convicted on immigration and unlawful association offences in 2016, Hla Phone, who was sentenced under Section 66(d) of the Telecommunications Law last November, and the four students from Mandalay arrested and incarcerated under Section 19 of the Peaceful Procession and Peaceful Assembly Law in April. (24 May 2017 - Mizzima) (24 May 2017 - DVB) (24 May 2017 - Irrawaddy) (24 May 2017 - Frontier Myanmar) (24 May 2017 - DVB/Burmese) (24 May 2017 - RFA/Burmese) (24 May 2017 - VOA/Burmese) (24 May 2017 - Irrawaddy/Burmese) (24 May 2017 - 7 Day Daily/Burmese) (25 May 2017 - Mizzima/Burmese) (25 May 2017 - Mizzima) (25 May 2017 - Myanmar Times) (25 May 2017 - Myanmar Times) (25 May 2017 - Myanmar Times) (25 May 2017 - Eleven Myanmar) (25 May 2017 - Burma News International)

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▪ FORMER POLITICAL Panglong in Shan State, calling for the release of political prisoners. PRISONERS (14 May 2017 – BNI/Burmese)

Former Political Prisoners Looking for Participation in State Building Process According to the Former Political Prisoners Society (FPPS), former political prisoners feel excluded from Burmese politics and would like to contribute to the state building process of the country. The Ministry of Home Affairs is yet to adopt an official definition of ‘political prisoners,’ an initiative to which former political prisoners could greatly contribute. Member of Parliament (MP) Hla Saw said he regretted that political prisoners were not included in state building process after their release. (2 May 2017 - Eleven Myanmar)

A Man Awarded a Prize for His Contribution to the Release of Political Prisoners On May 14, a ceremony was held in Sittwe City, Arakan State, to honor Maung Hla Phyu, a former well-known monk also known as U Rakha Won Tha. Maung Hla Phyu received a Performance Prize by a group of former political prisoners from Arakan State for his contribution to the release of political prisoners. Some 100 people, including Arakan State Chief Minister Nyi Pu, attended the ceremony. Chairman of the former political prisoners group Aye Kyaw said that Maung Hla Phyu has put great efforts into the fight for freedom. Maung Hla Pyu staged a hunger strike and several marches to Kyawtaw Mahar Myatmuni Pagoda in Arakan State, Mandalay Mahar Myatmuni Pagoda in Mandalay Division, Taunggyi City and

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RESTRICTIONS ON CIVIL AND POLITICAL RIGHTS

Protest over Land Disputes in Sagaing (CSO) said that about 200 acres of farm and Division plantation land owned by 16 villagers had On May 1, several farmers from Sa Kham Gyi been confiscated by the Army 20 years ago. Village, Kalay Township in Sagaing Division, The land is now being used as a military staged a protest against land grabbing. They base. The Army replied that they released held posters and chanted slogans lands that are not currently in use, but that demanding the return of their lands which some of the land is still needed for security were confiscated by the military and then reasons and training purposes. The JMC-S cultivated by the Sa Kham Gyi Village stated they will look into the case. administrator without their permission. (2 May 2017 - Burma News International) Protesters stated that they would protest in front of the Sagaing Region Government’s Report on Press Freedom in Burma office if officials do not address this issue. Argues that NLD Made Little Progress (1 May 2017 – The Voice/Burmese) Burma hit an all-time high coming in at third on Reporters Sans Frontiers’ (RSF) Press Farmers in Northern Shan State Demand Freedom Index of ASEAN countries. This is Their Land Back 12 places up on the global index compared On April 27, some 30 residents from Kha to 2016, however the rise in rank was Laing in Hsipaw Township, Northern Shan largely due to a deterioration in media State, took to the streets to demand the freedoms globally over the past year: Burma return of their lands that were arbitrarily actually lost 3.66 points. On May 2, one day confiscated under the military junta more before World Press Freedom Day, 14 local than 30 years ago. The villagers are claiming organizations released an assessment 11 acres of lands back which the military report on Burma’s press freedom after one used to house a sawmill. As the sawmill year of the National League for Democracy ceased to operate seven years ago, the (NLD) Government. The eight-page report farmers are urging the authorities to allow argued that the NLD government has failed them to cultivate the land again. to make substantial progress in press (1 May 2017 - BNI/Burmese) (2 May 2017 - freedom during its first year in office and, in Burma News International) particular, that there has not been a clear path forward to increase press freedom Villagers Demand the Return of Land at over the years to come. the Ceasefire Monitoring Committee The 26 recommendations include the Meeting abolishment of Section 66(d) of the Villagers in Kya-in Gyi Village, Kyain Seikgyi Telecommunications Law, which has Township, Karen State, demanded the created a new form of self-censorship on the return of their lands confiscated by the internet. The Assistance Association for Burma Army at the first meeting between Political Prisoners (AAPP) was among those the Karen State Ceasefire Joint Monitoring who issued the report, together with Committee - State level (JMC-S) and local Myanmar ICT for Development villagers on April 26. Saw Mi Bwe, head of Organisation, PEN Myanmar, Myanmar Hgo Phoh K’paw civil society organization Journalists Association, Yangon Journalism

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School, Burma News International and Min Aung’s home. He later revealed that this Article 19. The report can be read on AAPP’s incident was in response to controversial website. At a conference on May 3, similar issues such as armed conflict, education, topics as those in the report were discussed, health care, human rights and human and media experts said that Burma has “A trafficking covered by his media outlet. long way to go”. Myanmar Press Council (3 May 2017 – Irrawaddy/Burmese) member Thiha Saw added that access to information has proven more difficult Arakan Farmers Demand Land to be under the NLD government than under the Returned previous U Thein Sein administration. On May 5, farmers from Par Da Late Village Journalists remain excluded from in Sittwe Township, Arakan State, organized Parliament sessions and the government a demonstration to ask for the return of continues to use state-owned media for their lands that were confiscated by the propaganda. One positive development military in 2004. During the protest, the towards increased press freedom includes a villagers held posters and chanted slogans Government announcement on April 11, demanding the authorities to remove the stating that five private companies will be fence surrounding the seized lands and give given broadcasting licenses. them back to their original farmers. (2 May 2017 - Mizzima/Burmese) (2 May (5 May 2017 – DVB/Burmese) 2017 - VOA/Burmese) (2 May 2017 - Irrawaddy) (2 May 2017 - DVB) (2 May Warrant Issued Against Arakanese 2017 - Irrawaddy/Burmese) (3 May 2017 - Youth by Township Court Myanmar Times) (3 May 2017 - Irrawaddy) According to Mrauk-U Township Police (11 May 2017 - Frontier Myanmar) Force, Arakan State, a warrant was issued against Arakanese youth activist Ann Thar Arakanese State-Based Journalist Gyi, also known as Than Shwe, for Received Death Threats delivering a speech commemorating the Arakan state-based Chief Editor and founding of the Arakan Army on April 10. founder of Root Investigation Agency (RIA) Although authorities banned this event, Ann Nay Min Aung, also known as Min Min, has Thar Gyi held lectures. A case was therefore been receiving death threats since the filed against him by Light Infantry Battalion release of an article on April 10, 2017. The #540 under the Unlawful Associations Act. article was about the arrests of activists This case follows the arrest in April of Abbot allegedly connected to the Arakan Army Nanda Thara and Khine Ni Min, who were (AA), which Nay Min Aung described as a charged under Section 17/1 of the Unlawful rebel group. On April 21, the RIA released a Associations Act for organizing a football statement detailing the death threats faced match marking the 8 anniversary of the by the journalist. Although Nay Min Aung Arakan Army. cannot say that the AA is involved in the (6 May 2017 - Mizzima/Burmese) (7 May threats, he contends that the intimidators 2017 – RFA/Burmese) are supporters of the armed ethnic group. Min Min reported the threats to the Sittwe Complaint after Satirical Piece Published Township station and asked Officer of in The Voice Daily Sittwe Urban and Housing Development On April 25, 2017, the editorial team of The Department Myo Myat Hein to install a Voice Daily was informed by the Myanmar security camera for his safety, but to date, Press Council that the military filed a no action has been taken. This is not the first complaint against the local newspaper over time that the journalist is being threatened. a satirical article questioning the Burmese On March 10, 2016, a bomb exploded at Nay peace process. The piece titled “Kyi Htaung

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Su Thitsar”— meaning “Oath made in a the political parties accused the two senior nation of bullets”— was written by satire officials of promoting the NLD by featuring columnist Kyaw Zwa Naing, who goes by the the party’s logo and information about its pen name British Ko Ko Maung, and was history and performance. Ministry for published in the March 26 edition of the Information Dr Pe Myint said the media outlet. According to Kyaw Zwa Naing, chronology of events was just a the article was aimed at satirizing ethnic “Coincidence”. On May 18, the UEC rejected armed groups to urge the end of the civil the complaint and announced they will not war. But the military feared that the piece take legal action against the NLD. According would give the armed forces a bad image to their assessment, the NLD party leaders and cause internal divisions. On May 17, had not reached beyond the code of while the press council was still trying to conduct. mediate the dispute between the two (9 May 2017 - VOA/Burmese) (9 May 2017 parties, the military filed a lawsuit against - Mizzima/Burmese) (9 May 2017 - Frontier the paper’s chief editor Kyaw Min Swe and Myanmar/Burmese) (9 May 2017 - satirist Kyaw Zwa Naing under Section Eleven/Burmese) (9 May 2017 - Irrawaddy) 66(d) of the Telecommunications Law. (10 May 2017 - Frontier Myanmar) (10 May (28 April 2017 - DVB) (4 May 2017 - 2017 - Myanmar Times) (15 May 2017 - Irrawaddy) (14 May 2017 - Myanmar Times) (16 May 2017 - Eleven RFA/Burmese) (17 May 2017 - Irrawaddy) Myanmar) (18 May 2017 - Irrawaddy) (18 (17 May 2017 - DVB) (17 May 2017 - RFA) May 2017 - Mizzima/Burmese) (18 May (17 May 2017 - BBC/Burmese) (17 May 2017 - The Voice/Burmese) (19 May 2017 - 2017 - VOA/Burmese) (17 May 2017 - Myanmar Times/Burmese) (19 May 2017 - Irrawaddy/Burmese) (17 May 2017 - DVB) (22 May 2017 - Myanmar Times) Mizzima/Burmese) (18 May 2017 - Myanmar Times) (18 May 2017 - Mizzima) Farmers in Karenni State Demand Land (18 May 2017 - RFA/Burmese) (18 May Return 2017 - Myanmar Times/Burmese) (18 May On May 10, farmers of Dawmukala Village in 2017 - 7 Day Daily/Burmese) (18 May 2017 Loikaw Township, Karenni State, organized - Mizzima/Burmese) (19 May 2017 - 7 Day a press conference to ask for the return of Daily/Burmese) their confiscated land. According to them, the military has confiscated over 900 acres NLD Accused of Violating Campaign belonging to 264 farmers in 30 different Rules by 13 Parties villages in Karenni State since On May 8, 2017, 13 political parties 1990. Chairman of the Land Committee Khu submitted a joint letter of complaint to the Oo Rel said the military could keep the land Union Election Commission (UEC), accusing it needed but that it should give the State Counselor Daw Aung San Suu Kyi, discarded land back to farmers. National League for Democracy’s (NLD) (10 May 2017 - RFA/Burmese) (11 May Patron Tin Oo and Central Executive 2017 - Eleven Myanmar) Committee Member Win Htein of violating campaign rules during by-elections. The Farmers Protest Distribution of Old complaint alleged that the State Counselor Farmlands used state-owned media to campaign for On May 11, some 300 farmers in Ngamyar her party, therefore breaching section Village, Ngazun Township, Mandalay 232(k) of the 2008 Constitution which Division, staged a protest against the states that “If the Union Minister is a improper apportion of old farmlands. member of any political party, he shall not According to one of the demonstrators, Toe take part in its party activities”. Similarly, Kywe, old farmlands cultivated by local

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farmers are being distributed to other measuring the land and preparing to build farmers as alluvial lands, thereby depriving will continue. the original landowners of their only source (14 May 2017 - BNI/Burmese) (16 May of income. Protesters were also asking for 2017 - Burma News International) the removal of the current regional Minister of Agriculture and Irrigation for Farmers Prevented From Discussing continuously oppressing farmers. Land Rights Plan to Sue Government (11 May 2017 - Myanmar Times/Burmese) Departments (16 May 2017 - Myanmar Times) Farmers from Mandalay Region are planning to sue the Mandalay City Protest Regarding an Unresolved Land Development Committee (MCDC) and Pyin Confiscation Case in Arakan State Oo Lwin Township Municipal Department On May 15, a few dozen farmers from Sat for cancelling permission to use the city hall Yoe Kya, Kan Daw Gyi and Kyay Taw to discuss land rights. On May 16, about Villages, Sittwe Township, Arakan State, 1,000 farmers were due to debate over staged a third protest against the farmers’ issues such as land grabs with the confiscation of farmlands. Lands were Mandalay Divisional Farmers’ Affairs confiscated by Government Officials for the Negotiation Committee. But the night before implementation of an industrial project, the event, the General Administration which never took place. Despite ongoing Officer for Pyin Oo Lwin’s Municipal protest, the issue has not been resolved. The Department Hla Myo forced the organizers farmers have threatened renewed protests to cancel the gathering because they did not if the authorities do not resolve the issue ask for prior authorization to use the timely. hall. According to one of the farmers Sai (16 May 2017 – BNI/Burmese) Kyaw Aye, the organizers lost about 10 million kyat (US$7,300) due to the last- Loikaw Township Officials Planning to minute cancellation. Their main objective Continue Construction on Contested in filing a lawsuit, in addition to getting back Land the money, is to stop and prevent the On May 9, farmers from Loikaw Township, violation of citizens’ rights by the Karenni state, contacted the State authorities. Counselor’s Office, requesting the (16 May 2017 - Irrawaddy) (16 May 2017 - Government to interfere with building plans Mizzima/Burmese) (19 May 2017 - of Township Officials on alleged farmlands. Myanmar Times) In the town plan from 2013, the land was allocated to the building of 34 government Farmers Fight ‘Official Ownership’ buildings. Farmers say they were never Application of Confiscated Lands in informed about these plans, and have Southern Shan State continued to work on what to their Farmers in Nyaungshwe Township have knowledge is their land. Negotiations on the filed complaints with authorities over issue in 2015 were not successful, and ownership applications for confiscated farmers have been sued in January for lands. The case concerns about 600 acres of trespassing when working on these lands. farmlands that were confiscated in 2012. According to the farmers, the military The former Shan Government had bought government previously confiscated the the land from the farmers for the lands. Despite the claims, Loikaw Township development of a proposed hotel zone in Administrator U Kyaw Moe told the 2012, but is now selling the land to Kantarawaddy Times that the process of businesses. Farmers complain that they did not agree with the purchase in the first place

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and did not receive adequate compensation. replied she was unaware of the event in The Intha Ethnic Affairs Minister of the Shan question, and thus filed the lawsuit. Government, Tun Hlaing, stated that the (17 May 2017 – Mizzima/Burmese) confiscation was unlawful. Some of the farmers aim to get their lands returned Farmers and Business Clash Over through legal measures, while others are Contested Farmlands in Kachin State aiming for adequate compensation. On May 17, local farmers clashed with a (17 May 2017 - Irrawaddy) group representing Yuzana Company Ltd over contested lands in Nawngme Village, Education Director Threatens Local Hpakant Township, Kachin State. The Editor with Defamation Charges company reportedly took about 8,000 acres Arakan State Education Department of farmlands in 2007, and now claims Director, Aung Kyaw Tun, threatened to sue ownership over them. Since last year, Editor of the Thazin Pan Khine Newspaper around 100 families have returned to 1,000 Kaung Mrat Naing, under Section 66(d) of acres of land and started cultivating it. The the Telecommunications Law and Section company did not complain, but has 505(b) of the Penal Code. Kaung Mrat Naing increasingly grown hostile. In the incident published an article entitled “What’s wrong on May 17, about 60 representatives of the with the salary of ethnic language teachers company came to the area with knifes and in Arakan State?” on the newspaper’s sticks, demanding that the farmers abandon Facebook page on May 15. The article the lands. With help from other farmers, the explained that an Arakan State teacher had situation de-escalated. The Government has submitted a letter of complaint to the not yet taken action in response. President’s Office and the Ministry of (19 May 2017 - Irrawaddy) Education, demanding an investigation of the regional education authorities of Farmer Dies in Land Conflict, Those underpayment of a bonus for teaching Responsible Remain at Large ethnic languages in schools. Following this, On May 7, a farmer died in an outburst of teachers in Myebon Township received an violence between workers from the Sein Lei extra month's bonus. Aung Kyaw Tun Myay Company and local farmers in Inn Ta replied that the information published in Kaw Town, Bago Division. Several others the article was misleading and insulting. got injured. The police arrested and Whether the plaintiff would be Aung Kyaw investigated the cases of 23 company Tun or the education department remained workers, but manager Aung Hlaing Oo unclear. The case has not been brought to remains to be arrested. The violence court yet. erupted after company workers installed a (16 May 2017 - Mizzima/Burmese) (17 fence across 15 acres of farmlands owned May 2017 - Irrawaddy) (20 May 2017 - by the local farmers. Irrawaddy/Burmese) (22 May 2017 – DVB/Burmese)

66(d) Lawsuit by Regional Parliament Sagaing Workers Charged for Anti-Land Member over Facebook Post Grab Protest On May 13, Aung May Ye, Regional On May 24, a case was filed against Myo Parliament Member from Yin Mar Pin Thant and Thein Zaw from the Jetty Loading Township, Sagaing Division, filed a lawsuit and Unloading Team, Sagaing Division, under Section 66(d) of the under Section 18 of the Peaceful Assembly Telecommunications Law against Nat Soe and Peaceful Association Law. The plaintiff, on Facebook. Nat Soe released a post on Acting Township Police Captain Than Yu Facebook in April about Aung May Ye, who Maung, charged the two men for welcoming

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the Sagaing Region Chief Minister without Demoso Township police station, have been prior permission. The demonstrators were charged under criminal charges. holding placards reading “Welcome Chief (28 May 2017 - Mizzima/Burmese) (30 May Minister”, “Welcome the 21st Century 2017 - DVB) (31 May 2017 - Mizzima) (31 Panglong Conference”, and “Take action May 2017 - Burma News International) against National Unity Party which has captured land and building illegally”. No More Than 100 Acres of Seized Lands According to the police, the protestors Returned in Arakan State should have informed the authorities about On May 30, Burma’s Deputy Minister of their plans 48 hours ahead. Defense General Myint Nwe announced that (27 May 2017 - Mizzima/Burmese) (28 May the Ministry of Defense would not return 2017 - The Voice/Burmese) (29 May 2017 - more than 100 acres it confiscated in 1994 Eleven Myanmar) (29 May 2017 - in Sittwe, Arakan State. According to Myint DVB/Burmese) Nwe, the army’s farming projects on seized lands have saved more than 75 billion kyats Journalist Becomes Victim of Attempted (about US$51 million) annually from the Kidnapping in Karenni State state’s budget. He added that he was not On May 26, a 23-year-old journalist from the planning to provide compensation for land Kantarawaddy Times and Broadcaster of grabbing as those confiscations were legally the Democratic Voice of Burma named Maw conducted at the time. Oo Myar was seriously injured in an (30 May 2017 - Irrawaddy) (31 May 2017 - attempted kidnapping which ended in a car DVB) accident. The reporter was riding a motorbike with a fellow journalist near the town of Loikaw, Karenni State, when another vehicle cut them off and two unidentified men threatened Maw Oo Myar before dragging her into their car. Soon after, the abductors were involved in a car crash in which the journalist lost consciousness. She was taken to a nearby hospital before being transferred to Loikaw General Hospital where she remains on oxygen and is still unable to speak, eat or move. It is still unclear if the assault was related to Maw Oo Myar’s reporting on politics, women’s rights and ethnic minorities. The suspects identified as Sein Win and Kaung San, who are detained at a

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LEGISLATION AND POLICY DEVELOPMENTS

Sagaing Region Government Provided defamation; it does not specify anything 200 Lands to Farmers about bail, therefore decreasing the chances On May 1, Sagaing Region Government of the accused to be released. The Attorney provided 200 vacant lands to 92 farmers General's Office will return the drafted bill from Moe Tar Gyi, Naung Pin and Chaung to the Ministry, which will then forward it to Wa Village Tracks in Katha Township. In the Government and Parliament for debate. February, Sagaing Regional Government (4 May 2017 - RFA/Burmese) (4 May 2017 started converting wild lands to farmlands - Mizzima/Burmese) (4 May 2017 - The in Katha District to supply farmers who do Voice /Burmese) (4 May 2017 - Frontier not have their own lands. The farmers Myanmar/Burmese) (5 May 2017 - currently have temporary ownership Irrawaddy /Burmese) (5 May 2017 - 7 Day documents but the government plans to Daily/Burmese) (5 May 2017 - Myanmar issue them with official certificates soon. Times) (5 May 2017 - Irrawaddy) (5 May (1 May 2017 – DVB/Burmese) (2 May 2017 2017 - DVB) (5 May 2017 - Eleven – 7 Day Daily/Burmese) Myanmar) (5 May 2017 - Frontier Myanmar) (6 May 2017 - VOA/Burmese) Burma Army Returns Confiscated Farmlands 20 Years after Confiscation New Government Preventing Transfer of Families in Laikha Township, Shan State, Military Officers to Civilian are getting lands returned that were Administration confiscated by the Burma Army more than Under the National League for Democracy, 20 years ago. The case had been submitted the body responsible for recruiting and to the Shan State Parliament, and the training civil servants no longer allows Deputy Minister of Defence General Myint military transfers to civilian positions in the Nwe agreed to the return of the lands. No public sector. According to Director-General timeline has been set for the official return. of the Union Civil Service Board (2 May 2017 - Burma News International) (UCSB) Kyaw Soe, the appointment of military officers in civilian departments is a Attorney General’s Office Recommends program initiated by the former Amendments to Section 66(d) government to psychologically help According to the Union Attorney General disabled soldiers. But their inexperience Office Permanent Secretary, Nu Nu Yin, the has been widely criticized as they were not Ministry of Transport and Communications able to manage the civilian administration asked her office for advice regarding properly. Senior posts such as permanent possible amendments to the secretary, director-general and managing Telecommunications Law. One of the director are currently still occupied by recommendations suggested to the Ministry military personnel, and 22 disabled army is to allow defendants charged under officers were transferred to civil service Section 66(d) to be granted bail in since April last year. accordance with the Code of Criminal (5 May 2017 - Irrawaddy/Burmese) (5 May Procedure. Current law only stipulates a jail 2017 - Irrawaddy) (8 May 2017 - Myanmar term for those convicted of online Times)

MAY 2017 16

Over 2000 Acres of Lands Given Back to AAPP Urges the NLD-Government and Farmers in Bago Division Parliament to Adopt a Definition of a According to Pyay Township Administrator Political Prisoner and Chairman of the Land Administration The Assistance Association for Political Committee Myat Kyaw, 2000 acres of lands Prisoners (AAPP) has urged both were given back to farmers in Bago Division Government and Parliament to clearly under the new civilian government. 1000 define what makes one a “political prisoner” additional acres of land in the region are in Burma. According to Joint-Secretary of currently being scrutinized to determine if AAPP U Bo Kyi, the National League for they should be returned to farmers. Democracy (NLD) Government has not (9 May 2017 – The Voice/Burmese) been as complacent as expected given the remaining political prisoners. In January Military Agrees to Return Seized Lands 2016, NLD Spokesperson Tun Tun Hein said in Southern Shan State the party would provide a definition of a Farmers from Moe Byal Town in Pekhon political prisoner once it takes office and Township, Southern Shan State, are to be “Would not arrest anyone for political given back 377 lands which were reasons”. Since coming to power however, confiscated by Infantry Battalion #422 in the government refused twice to define 1992 for security reasons. When the what a political prisoner is and political military seized them however, they activists continue to be arrested and confiscated over 1000 acres of lands, which detained in prison. AAPP, together with the leaves over 600 acres of lands to be Former Political Prisoners Society (FPPS), returned to farmers. have already established a draft definition, (11 May 2017 – RFA/Burmese) (12 May according to which “Anyone who is 2017 – BNI/Burmese) arrested, detained, or imprisoned for political reasons under political charges or MNHRC Claims No Political Prisoners in wrongfully under criminal and civil charges Burma; FPPS Contradicts because of his or her perceived or known On May 17, the Former Political Prisoners active role, perceived or known supporting Society (FPPS) released a statement, role, or in association with activities contradicting claims by Myanmar National promoting freedom, justice, equality, Human Rights Commission (MNHRC) human rights, and civil and political rights, member Yu Lwin Aung, who said there are including ethnic rights, is defined as a no political prisoners in Burma. In a political prisoner”. Both organizations subsequent statement, he clarified that in therefore suggest the authorities quickly his investigation from October 2016 to May adopt this definition in order to better 2017, he did not encounter any political address the plight of political prisoners. prisoners in the prisons he visited, yet there (23 May 2017 - Myanmar Times) may be prisoners in the country who, according to their own beliefs, are political Free Farmland for Farmers in Sagaing prisoners. In their statement, the FPPS On May 28, Regional Minister of Planning urges the government to ratify a definition and Finance Soe Oo said that the Sagaing of political prisoners and establish a regional government would give out at least committee on political prisoners’ issues, two acres to farmers who do not own any consisting of government officials and civil farmland. A total of 975 acres of fallow lands society organizations working on the topic. from Ye-U, Homalin, Paungbyin and Katha (17 May 2017 – Irrawaddy/Burmese) Townships in Sagaing Division will be turned into farmlands and then handed over in early June. The minister however

MAY 2017 17

stated that the farmers will only be given a form-3 certificate which allows temporary working permission to make sure that they will not sell, mortgage or exchange the lands. They will receive the land registration certificate (i.e. form-7) after one or two years if they follow all the rules of the land. (29 May 2017 - Myanmar Times) (29 May 2017 - Myanmar Times/Burmese)

MAY 2017 18

REFERENCES

1 May Report on Press Freedom Attorney General’s Office Protest over Land in Burma Argues that NLD Recommends Disputes in Sagaing Made Little Progress - Amendments to Section Division - The VOA/Burmese 66(d) - Myanmar Times - Voice/Burmese Report on Press Freedom Mizzima/Burmese Sagaing Region in Burma Argues that NLD Attorney General’s Office Government Provided 200 Made Little Progress - Recommends Lands to Farmers - Irrawaddy/Burmese Amendments to Section DVB/Burmese Former Political Prisoners 66(d) - Myanmar Times - Farmers in Northern Shan Looking for Participation The Voice/Burmese State Demand Their Land in State Building Process - Attorney General’s Office Back - BNI/Burmese Eleven Myanmar Recommends Medical Student Pays Amendments to Section 2 May K30,000 Fine for 66(d) - Myanmar Times - Sagaing Region Protesting Civil War - Frontier Government Provided 200 Myanmar Times/Burmese Myanmar/Burmese Lands to Farmers - 7 Day Daily/Burmese 3 May 5 May Burma Army Returns Report on Press Freedom Attorney General’s Office Confiscated Farmlands 20 in Burma Argues that NLD Recommends Years after Confiscation - Made Little Progress - Amendments to Section Burma News International Myanmar Times 66(d) - Myanmar Times Villagers Demand Report on Press Freedom Attorney General’s Office the Return of Land at the in Burma Argues that NLD Recommends Ceasefire Monitoring Made Little Progress - Amendments to Section Committee Meeting - Irrawaddy 66(d) - Irrawaddy Burma News International Medical Student Pays Attorney General’s Office Farmers in Northern Shan K30,000 Fine for Recommends State Demand Their Land Protesting Civil War - Amendments to Section Back - Burma News Myanmar Times 66(d) - DVB International Arakanese State-Based Attorney General’s Office Report on Press Freedom Journalist Received Death Recommends in Burma Argues that NLD Threats - Amendments to Section Made Little Progress - Irrawaddy/Burmese 66(d) - Eleven Myanmar Irrawaddy Attorney General’s Office Report on Press Freedom 4 May Recommends in Burma Argues that NLD Complaint after Satirical Amendments to Section Made Little Progress - Piece Published in The 66(d) - Frontier Myanmar DVB Voice Daily - Irrawaddy Attorney General’s Office Report on Press Freedom Attorney General’s Office Recommends in Burma Argues that NLD Recommends Amendments to Section Made Little Progress - Amendments to Section 66(d) - Myanmar Times - Mizzima/Burmese 66(d) - Myanmar Times - Irrawaddy/Burmese RFA/Burmese

MAY 2017 19

Attorney General’s Office Mandalay Student NLD Accused of Violating Recommends Protesters Sentenced to Campaign Rules by 13 Amendments to Section Jail Released under Parties - Myanmar Times 66(d) - Myanmar Times - Amnesty - Irrawaddy Two Baptist Church 7 Day Daily/Burmese Mandalay Student Officials Sent to Lashio New Government Protesters Sentenced to Prison - Preventing Transfer of Jail Released under Mizzima/Burmese Military Officers to Amnesty - DVB/Burmese A Man Sentenced to Six Civilian Administration - Mandalay Student Months Imprisonment for Irrawaddy Protesters Sentenced to Defaming State Counselor New Government Jail Released under - The Voice/Burmese Preventing Transfer of Amnesty - RFA/Burmese Mandalay Student Military Officers to Mandalay Student Protesters Sentenced to Civilian Administration - Protesters Sentenced to Jail Released under Irrawaddy/Burmese Jail Released under Amnesty - Myanmar Arakan Farmers Demand Amnesty - Times/Burmese Land to be Returned - Mizzima/Burmese Farmers in Karenni State DVB/Burmese NLD Accused of Violating Demand Land Return - Campaign Rules by 13 RFA/Burmese 6 May Parties - Irrawaddy Warrant Issued Against NLD Accused of Violating 11 May Arakanese Youth by Campaign Rules by 13 Report on Press Freedom Township Court - Parties - VOA/Burmese in Burma Argues that NLD Mizzima/Burmese NLD Accused of Violating Made Little Progress - Attorney General’s Office Campaign Rules by 13 Frontier Myanmar Recommends Parties - Mandalay Student Amendments to Section Mizzima/Burmese Protesters Sentenced to 66(d) - Myanmar Times - NLD Accused of Violating Jail Released under VOA/Burmese Campaign Rules by 13 Amnesty - Eleven Parties - Frontier Myanmar 7 May Myanmar/Burmese Farmers in Karenni State Warrant Issued Against NLD Accused of Violating Demand Land Return - Arakanese Youth by Campaign Rules by 13 Eleven Myanmar Township Court - Parties - Eleven/Burmese Eight Farmers Sentenced RFA/Burmese Over 2000 Acres of Lands to Four Months Given Back to Farmers in Imprisonment - 8 May Bago Division - The RFA/Burmese New Government Voice/Burmese Military Agrees to Return Preventing Transfer of Seized Lands in Southern Military Officers to 10 May Shan State - RFA/Burmese Civilian Administration - Mandalay Student Farmers Protest Myanmar Times Protesters Sentenced to Distribution of Old Jail Released under Farmlands - Myanmar 9 May Amnesty - Myanmar Times/Burmese Mandalay Student Times Protesters Sentenced to NLD Accused of Violating 12 May Jail Released under Campaign Rules by 13 Military Agrees to Return Amnesty - DVB Parties - Frontier Seized Lands in Southern Myanmar Shan State - BNI/Burmese

MAY 2017 20

Two Students Prosecuted Farmers Protest Voice Daily - by Pathein Township Distribution of Old Irrawaddy/Burmese Court for Defamation - Farmlands - Myanmar Complaint after Satirical RFA/Burmese Times Piece Published in The Two Students Prosecuted Farmers Prevented From Voice Daily - by Pathein Township Discussing Land Rights Mizzima/Burmese Court for Defamation - Plan to Sue Government Farmers Fight ‘Official Irrawaddy/Burmese Departments - Irrawaddy Ownership’ Application of Former ABFSU Student Farmers Prevented From Confiscated Lands in Arrested in Mandalay and Discussing Land Rights Southern Shan State - Released on Bail - Plan to Sue Government Irrawaddy RFA/Burmese Departments - MNHRC Claims No Mizzima/Burmese Political Prisoners in 14 May Loikaw Township Officials Burma; FPPS Contradicts Loikaw Township Officials Planning to Continue – Irrawaddy/Burmese Planning to Continue Construction on Contested 66(d) Lawsuit by Regional Construction on Contested Land - Burma News Parliament Member over Land - BNI/Burmese International Facebook Post – Seven Farmers Arrested Protest Regarding an Mizzima/Burmese over Land Disputes Unresolved Land Education Director Released on Bail - Confiscation Case in Threatens Local Editor RFA/Burmese Arakan State - with Defamation Charges - Seven Farmers Arrested BNI/Burmese Irrawaddy over Land Disputes Education Director Released on Bail - The Threatens Local Editor 18 May Voice/Burmese with Defamation Charges - Complaint after Satirical A Man Awarded a Prize Mizzima/Burmese Piece Published in The for His Contribution to the Voice Daily - Myanmar Release of Political 17 May Times Prisoners - BNI/Burmese Complaint after Satirical Complaint after Satirical Loikaw Township Officials Piece Published in The Piece Published in The Planning to Continue Voice Daily - Irrawaddy Voice Daily - Mizzima Construction on Contested Complaint after Satirical Complaint after Satirical Land - BNI/Burmese Piece Published in The Piece Published in The Complaint after Satirical Voice Daily - DVB Voice Daily - Piece Published in The Complaint after Satirical RFA/Burmese Voice Daily - Piece Published in The Complaint after Satirical RFA/Burmese Voice Daily - RFA Piece Published in The Complaint after Satirical Voice Daily - Myanmar 15 May Piece Published in The Times/Burmese NLD Accused of Violating Voice Daily - Complaint after Satirical Campaign Rules by 13 BBC/Burmese Piece Published in The Parties - Myanmar Times Complaint after Satirical Voice Daily - 7 Day Piece Published in The Daily/Burmese 16 May Voice Daily - Complaint after Satirical NLD Accused of Violating VOA/Burmese Piece Published in The Campaign Rules by 13 Complaint after Satirical Voice Daily - Parties - Eleven Myanmar Piece Published in The Mizzima/Burmese

MAY 2017 21

NLD Accused of Violating 23 May Presidential Amnesty Campaign Rules by 13 AAPP Urges the NLD- Granted to 259 Prisoners, Parties - Irrawaddy Government and Among Whom 89 Political NLD Accused of Violating Parliament to Adopt a Prisoners - Mizzima Campaign Rules by 13 Definition of a Political Presidential Amnesty Parties - Prisoner - Myanmar Times Granted to 259 Prisoners, Mizzima/Burmese Among Whom 89 Political NLD Accused of Violating 24 May Prisoners - Myanmar Campaign Rules by 13 Presidential Amnesty Times Parties - The Granted to 259 Prisoners, Presidential Amnesty Voice/Burmese Among Whom 89 Political Granted to 259 Prisoners, Prisoners - DVB Among Whom 89 Political 19 May Presidential Amnesty Prisoners - Myanmar NLD Accused of Violating Granted to 259 Prisoners, Times Campaign Rules by 13 Among Whom 89 Political Presidential Amnesty Parties - DVB Prisoners - Mizzima Granted to 259 Prisoners, NLD Accused of Violating Presidential Amnesty Among Whom 89 Political Campaign Rules by 13 Granted to 259 Prisoners, Prisoners - Myanmar Parties - Myanmar Among Whom 89 Political Times Times/Burmese Prisoners - Irrawaddy Presidential Amnesty Farmers Prevented From Presidential Amnesty Granted to 259 Prisoners, Discussing Land Rights Granted to 259 Prisoners, Among Whom 89 Political Plan to Sue Government Among Whom 89 Political Prisoners - Eleven Departments - Myanmar Prisoners - Frontier Myanmar Times Myanmar Presidential Amnesty Farmers and Business Presidential Amnesty Granted to 259 Prisoners, Clash Over Contested Granted to 259 Prisoners, Among Whom 89 Political Farmlands in Kachin State Among Whom 89 Political Prisoners - Burma News - Irrawaddy Prisoners - DVB/Burmese International Complaint after Satirical Presidential Amnesty Presidential Amnesty Piece Published in The Granted to 259 Prisoners, Granted to 259 Prisoners, Voice Daily - 7 Day Among Whom 89 Political Among Whom 89 Political Daily/Burmese Prisoners - RFA/Burmese Prisoners Presidential Amnesty - Mizzima/Burmese 20 May Granted to 259 Prisoners, Education Director Among Whom 89 Political 26 May Threatens Local Editor Prisoners - VOA/Burmese Woman Sentenced Under with Defamation Charges - Presidential Amnesty Article 66(d) for Insulting Irrawaddy /Burmese Granted to 259 Prisoners, State Counselor - Among Whom 89 Political Irrawaddy 22 May Prisoners Woman Sentenced Under NLD Accused of Violating - Irrawaddy/Burmese Article 66(d) for Insulting Campaign Rules by 13 Presidential Amnesty State Counselor - Parties - Myanmar Times Granted to 259 Prisoners, Irrawaddy/Burmese Farmer Dies in Land Among Whom 89 Political Woman Sentenced Under Conflict, Those Prisoners - 7 Day Article 66(d) for Insulting Responsible Remain at Daily/Burmese State Counselor - Large - DVB/Burmese RFA/Burmese 25 May

MAY 2017 22

Woman Sentenced Under Journalist Becomes Victim Article 66(d) for Insulting of Attempted Kidnapping State Counselor - 7 Day in Karenni State - Mizzima Daily/Burmese Journalist Becomes Victim of Attempted Kidnapping 27 May in Karenni State - Burma Sagaing Workers Charged News International for Anti-Land Grab Protest No More Than 100 Acres - Mizzima/Burmese of Seized Lands Returned in Arakan State - DVB 28 May Six Villagers Given Prison Journalist Becomes Victim Time for Trespassing in of Attempted Kidnapping Arakan State - Burma in Karenni State - News International Mizzima/Burmese Mandalay Student Sagaing Workers Charged Protesters Sentenced to for Anti-Land Grab Protest Jail Released under - The Voice/Burmese Amnesty - Irrawaddy/Burmese 29 May Free Farmland for Farmers in Sagaing - Myanmar Times Free Farmland for Farmers in Sagaing - For more information: Myanmar Times/Burmese Assistance Association for Sagaing Workers Charged Political Prisoners for Anti-Land Grab Protest Tate Naing (Secretary) - Eleven Myanmar +66 (0) 812 878 751 Sagaing Workers Charged Bo Kyi (Joint Secretary) for Anti-Land Grab Protest +081 962 8713 - DVB/Burmese Six Villagers Given Prison Time for Trespassing in Arakan State - Burma News International/Burmese

30 May Journalist Becomes Victim of Attempted Kidnapping in Karenni State - DVB No More Than 100 Acres of Seized Lands Returned in Arakan State - Irrawaddy

31 May

MAY 2017 23