This week the European Parliament issued a joint motion for a resolution calling for an end to the persecution of journalists covering the crisis in Myanmar and the Myanmar junta to be brought to book for serious rights abuse in the wake of the February 2021 coup.
In a wide-ranging resolution adopted through a show of hands on 5 October, serious concerns were voiced about a range of issues including media freedom, notably the persecution of journalists Htet Htet Khine, Sithu Aung Myint and Nyein Nyein Aye.
As the resolution points out, at least 140 journalists have been arrested, 53 media workers are currently being held in Myanmar’s prisons and almost 25 journalists have been convicted since the military coup, noting that Myanmar has the world’s second largest number of journalists in prison.
The resolution also called to reject the legitimacy of the Myanmar junta, the freeing of the jailed civilian government members, including Aung San Suu Kyi, and the accepting of the status of the rival Myanmar administration, the National Unity Government (NUG).
“Strongly condemning the military junta’s violent and illegitimate rule in Myanmar, MEPs urge it to drop all politically motivated charges against the members of the press and media workers, and unconditionally release every unfairly detained journalist," the EU Parliament resolution says.
“They also call on the junta to immediately end its abuses, including arbitrary arrests and detention, torture, sexual violence and other ill-treatment, as well as unfair trials against people working in the media."
As the resolution notes, the military regime has continued to undermine media freedom and to violate the human rights of journalists in the country; whereas Myanmar is ranked 176th out of 180 countries in the Reporters Without Borders (RSF) 2022 World Press Freedom Index; whereas Myanmar’s military authorities are restricting access to social media, the internet and other independent sources of information.
As they note, the Tatmadaw or military junta introduced changes to the Penal Code and the Criminal Procedure Code on 14 February 2021 which have become the primary legal provisions used to charge journalists, student leaders, civil servants and others who oppose the military regime; whereas the newly introduced Section 505(a) of the Penal Code, which prohibits causing fear, spreading false news and agitating crimes against a government employee, all punishable by up to three years’ imprisonment, is being used by the military to bring criminal charges against journalists, among others. In addition, the military courts in Myanmar are conducting trials behind closed doors.
The junta has banned or forced media outlets to leave Myanmar for reporting on the actions of the military. Many of the banned media outlets played a fundamental role in reporting the situation in Myanmar, and the people of Myanmar and those abroad rely heavily on these media.
As they note, at least four journalists have been killed, including photographers Soe Naing and Aye Kyaw, both of whom died in detention after allegedly having been tortured, and local editor Pu Tuidim who was reported to have been summarily executed by the military after being used as a human shield; whereas there have been multiple reports of torture and abuses.
Journalists Htet Htet Khine and Sithu Aung Myint were arrested in August 2021, six months after the coup. On 27 September 2022, freelance BBC Media Action reporter Htet Htet Khine was sentenced to three years in prison with hard labour; whereas Htet Htet Khine had already received her first three-year sentence with hard labour on 15 September 2022 for allegedly violating Section 505(a) of the Penal Code, which criminalises incitement and the dissemination of false news.
Sithu Aung Myint is still awaiting trial on charges of ‘incitement’ and ‘sedition’ for articles critical of Myanmar’s military, possibly facing a combined sentence of 23 years in prison. His health has been deteriorating and the prison authorities are denying him medical attention.
On 14 July 2022, Nyein Nyein Aye, a freelancer also known by the pseudonym of Mabel, was sentenced to three years in prison on charges of ‘causing fear, spreading false news and agitating crimes against a government employee’ under Section 505(a) of the Penal Code. Nyein Nyein Aye is the 24th journalist to receive a prison sentence since the coup in 2021.
On 1 August 2022 freelancer Maung Maung Myo was sentenced to six years in prison on a terrorism charge for allegedly possessing pictures and interviews with members of the ‘People’s Defence Force’, an array of insurgent groups that are fighting Myanmar’s military junta.
On 7 July 2022, a court sentenced Aung San Lin, a journalist for the Democratic Voice of Burma, to six years in prison with hard labour for incitement and the dissemination of ‘false news’ after publishing a report alleging that military forces had committed arson attacks on the homes of three supporters in Wetlet Township of the National League for Democracy, which had been overthrown by the coup.
The EU resolution urges the military junta to drop all politically motivated charges against members of the press and media workers, and unconditionally release all journalists unjustly detained, including Htet Htet Khine, Sithu Aung Myint, Nyein Nyein Aye, Maung Maung Myo, Thurin Kyaw, Hanthar Nyein, Than Htike Aung, Ye Yint Tun, Tu Tu Tha, Soe Yarzar Tun and Aung San Lin. It calls on the junta to provide the necessary medical care to Sithu Aung Myint whose state of health is a cause of great concern.
