Dear friends,
The Asian Human Rights Commission (AHRC) has received information about charges brought against a community educator in Burma for teaching political science. Min Min, a human rights defender based in the country’s lowland, is being prosecuted because he refused to heed warnings that he not teaches a course on political science at his community education centre. He is currently on bail with the trial underway.
CASE NARRATIVE:
On 27 January 2013 community educator in the central Burma town of Pyi, Min Min, together with a number of colleagues opened a political science training programme as part of a range of courses his Olive Branch capacity building centre offers to local people at little or no cost.
The course attracted the attention of some officials who still have the mindset of military government. On the same day, the district administration sent a letter to the subordinate township administration to order that the persons responsible for opening the political science course without permission be prosecuted.
The next day, January 28, the local administration twice called Min Min and warned him to shut down the programme, but he refused, saying that he believed that the programme is legal and that it is consistent with the objectives of the government and people at a time of democratisation to teach political science. Min Min explained that political science is a necessary topic to develop the country, and he was not teaching a course about how to overthrow governments or grab power. The township officials said that they understood but that they were under orders from the district. Min Min adds that the district head is a former army officer who still thinks like a soldier in matters of this sort.
The day after that, January 29, the local administration opened a case against Min Min. The court charged him with failure to comply with the order of the administration to stop the programme. However, the specific charge does not fit the alleged crime, since it is framed to deal with cases of absconders from summonses or similar orders.
The case against Min Min is ongoing, and he has been released on bail. The AHRC is concerned that although officials at the township level were seemingly not much interested to take action about the political science course, under pressure from above they will be forced to convict him, irrespective of the facts of the case. Therefore, the AHRC is calling for public pressure to see the case closed before it reaches the point of a verdict.
For additional details, please see the sample letter below.
ADDITIONAL INFORMATION & COMMENTARY:
Min Min was previously imprisoned for giving “illegal tuition” to youth in Pyay about human rights issues (UP-108-2007). Following his release, he continued to work as a human rights defender and soon set up the Olive Branch capacity building centre for community education, with the aim of building knowledge among local people so that they can defend their own rights.
The Olive Branch centre, which is largely funded out of contributions from participants and the local community, and is supported by voluntarily given classes from expert trainers, holds courses on constitutionalism, human rights, environmental science, management, leadership skills, the United Nations system, international organizations, journalism, international law and domestic law, as well as political science. It has a Facebook page at: https://www.facebook.com/olivebranch.pyay.
In the past, the centre had included political science among other subjects in courses and had attracted no problems. It was only when it advertised a separate course on the topic of political science that it attracted the ire of officials.
Political science has since the Ne Win dictatorship been absent from teaching in Burma’s universities, replaced at that time by indoctrination in official ideology, and after the end of ideology, with nothing. Up to the present, to the knowledge of the AHRC, degree courses in political science have not recommenced in universities, and no department of political science exists in a state institution.
For all appeals and other interventions by the AHRC on Burma, please visit the country page on our website: http://www.humanrights.asia/countries/burma.
SUGGESTED ACTION:
Please write a letter to the following government authorities to urge that the case against Min Min be dropped. Please note that for the purpose of the letter Burma is referred to by its official name, Myanmar, and Pyi and Pyay.
Please also be informed that the AHRC is writing separate letters to the UN Special Rapporteurs on human rights in Myanmar, on the right to education, on freedom of opinion and expression, and on human rights defenders; and, to the regional office in Bangkok, calling for their interventions into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
MYANMAR: Community educator prosecuted for teaching political science
Name of accused: Min Min, a.k.a. La Min Htun, 36, resident of Yawbe Ward, Pyay, Bago Region, Myanmar; founder of the Olive Branch capacity building centre for community education
Names of personnel involved:
1. U Han Win Zaw, deputy head, Khetta Township Administration, Pyay, complainant in criminal case
2. Police Major Myint Oo, commander, Pyay Township Police Force
3. Inspector Win Naing, commander, Police Station No. 1, Pyay
4. U Zaw Min Oo, head, Sinzu Ward Administration, Pyay
5. Aye Aye Nyein, district officer, Pyay District General Administration Department
Date of incident: 27-29 January 2013
Charge: Penal Code section 172, avoidance of an order by a legally competent public servant
Court cases: Pyay Township Court, Additional Township Judge Nwei Ni Win (Serial No. Ta/2442) presiding, Criminal Regular Case No. 723/2013
I am writing to express my concern, and confusion, that a community educator hitherto imprisoned for teaching about human rights has again been charged with an offence, this time for alleged unauthorised teaching of political science.
According to the information I have received, the district administration of Pyay, in central Myanmar, on 27 January 2013 sent a letter to the Khetta Township administration head on the matter of “Permission to open political science instruction not granted” [Letter No. 5/95-1/Oo 6(0311)]. Under this heading, it refers to the community educator, Min Min, derisively as a “so-called human rights activist” whom together with his colleagues the administration department had been notified had on that date opened a political science class. The letter states unequivocally that as no permission to open a course on political science had been granted, those persons responsible for the course ought to be prosecuted.
Thereafter, on the morning and the evening of January 28 the township administration called Min Min and notified him that as he was teaching political science without a permit he was to close the programme until he sought authorization [Letter No. 5/3-3/Oo 6(209)]. On January 29, as Min Min refused to comply the administration opened a case in the township court [Letter No. 5/3-3/Oo 6(211)].
It is clear from the tone of the letter from the superior department that the local administrators were already left with little option but to prosecute. This impression is reinforced by remarks from Min Min himself, that he had explained to township officials that political science is an important topic for a democratizing and developing country, and he was not teaching people how to overthrow the government or seize power; however, that the officials told him that although they understood, they were under orders from the district office.
The township court immediately opened a case against Min Min under section 172 of the Penal Code. Yet, the charge itself does not correspond with the supposed crime, since its intention is to deal with cases of persons who abscond from summonses or similar orders, whereas Min Min made no such attempt to abscond and merely continued giving instruction in a manner that he legitimately believed to be legal and consistent with his country’s democratic transition, and in accordance with the public statements of government leaders, including former military officers now occupying civilian positions.
The case against Min Min is ongoing, and he has been released on bail. Nonetheless, the whole set of circumstances is totally unsatisfactory and from a human rights perspective, completely unjustified. For one thing, I am informed that the Olive Branch centre established by Min Min has as its noble aim the building knowledge among local people so that they can defend their own rights. This aim strikes me as consistent with the stated aspirations of the current government of Myanmar to encourage democratisation, and so it is confusing as to why local officials would want to penalize someone engaged in such work. Furthermore, it comes at no cost to the government, since the centre is largely funded out of contributions from participants and the local community, and is supported by voluntary contributions of time and knowledge by expert trainers.
For another, I also note that in addition to teaching on political science, the centre holds courses on constitutionalism, human rights, environmental science, management, leadership skills, the United Nations system, international organizations, journalism, international law and domestic law. Hitherto, the centre taught political science as a unit together with other subjects, and attracted no attention or difficulties. Only when advertised as a separate subject did it attract the interest of the district administration.
Finally, I am very much concerned that under pressure from the district administration, both the township administration and the township court–which in Myanmar remains functionally a part of the administrative structure, not an independent institution–will be pushed to convict the accused without regards to facts or commonsense. Consequently, I ask that the case brought against Min Min be withdrawn through the intervention of higher authorities, before the court reaches a verdict.
I look forward to your earliest intervention in this case.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. U Thein Sein
President of Myanmar
President Office
Office No.18
Naypyitaw
MYANMAR
2. U Hla Min
Minister for Home Affairs
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +95 67 412 439
3. U Tun Tun Oo
Chief Justice
Office of the Supreme Court
Office No. 24
Naypyitaw
MYANMAR
Tel: + 95 67 404 080/ 071/ 078/ 067 or + 95 1 372 145
Fax: + 95 67 404 059
4. Dr. Tun Shin
Attorney General
Office of the Attorney General
Office No. 25
Naypyitaw
MYANMAR
Tel: +95 67 404 088/ 090/ 092/ 094/ 097
Fax: +95 67 404 146/ 106
5. U Kyaw Kyaw Htun
Director General
Myanmar Police Force
Ministry of Home Affairs
Office No. 10
Naypyitaw
MYANMAR
Tel: +95 67 412 079/ 549 393/ 549 663
Fax: +951 549 663 / 549 208
6. Thura U Aung Ko
Chairman
Pyithu Hluttaw Judicial and Legislative Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
7. U Aung Nyein
Chairman
Committee for Public Complaints and Appeals
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
8. Daw Aung San Suu Kyi
Chairwoman
Pyithu Hluttaw Rule of Law and Tranquility Committee
Office of the Pyithu Hluttaw
Naypyitaw
MYANMAR
9. U Win Mra
Chairman
Myanmar National Human Rights Commission
27 Pyay Road
Hlaing Township
Yangon
MYANMAR
Tel: +95-1-659 668
Fax: +95-1-659 668
10. Ko Ko Hlaing
Chief Political Advisor
Office of the President
Naypyitaw
MYANMAR
Tel-+95-1-532 501 ext-605 / 654 668
Fax-+95-1-532 500, 654 668
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
