Myanmar: Interfaith Activists Freed in Amnesty Immediately release remaining political prisoners, repeal unjust laws Fortify Rights today welcomes the release of interfaith peace activists Mr. Zaw Zaw Latt and Ms. Pwint Phyu Latt from Mandalay prison, where they languished for nearly two years. Fortify Rights and other human rights organizations repeatedly called for their immediate and unconditional release. Myanmar President Htin Kyaw issued today an amnesty for 259 prisoners, including Zaw Zaw Latt, 30, and Pwint Phyu Latt, 36, to mark the beginning of the Union Peace Conference, otherwise known as the 21st Century Panglong Conference. The executive order freed 186 Myanmar nationals and 73 foreigners from prisons around Myanmar. “I'm glad that I was set free before the set date, and my special thanks go to the organizations that came together and helped me to become free again,” Zaw Zaw Latt told Fortify Rights. “However, I feel sad for those who are left behind in captivity.” Speaking with Fortify Rights by phone, Zaw Zaw Latt called for “unjust laws” to be repealed and described Myanmar’s remaining political prisoners and the laws used to imprison them as untreated wounds on the country. “The wound will only heal if the thorn is taken out, rather than applying ointment to the wound on the surface,” he said. On February 26, 2016, the Chan Aye Thar Zan Township Court in Mandalay Region sentenced Zaw Zaw Latt and Pwint Phyu Latt to two years in prison with hard labor for alleged violations under Article 13(1) of the Immigration (Emergency Provisions) Act. The same court sentenced the two to an additional two years in prison for alleged violations under Article 17(1) of the Unlawful Associations Act. The convictions under the Unlawful Associations Act related to the participation of the two Muslim human rights defenders in a well-publicized interfaith peace delegation visit in June 2013 to the headquarters of the Kachin Independence Army (KIA) in Laiza, a predominantly Christian town in Kachin State where the KIA’s administrative headquarters are located. The delegation delivered a Christian cross and a statue of the Buddha to Laiza in a call for peace and interfaith harmony. Dozens of other citizens participated in the delegation, none of whom were brought up on charges. The Myanmar authorities also found Zaw Zaw Latt and Pwint Phyu Latt to be in violation of the Immigration (Emergency Provisions) Act for photographs taken on the Myanmar-India border during a humanitarian relief mission to Chin State in April 2014. The mission took place on behalf of Thint Myat Lo Thu Myar (Peace Seekers and Multiculturalist Movement), an interfaith group based in Mandalay Region. The extremist-Buddhist organization Ma Ba Tha, also known as the Organization for the Protection of Race and Religion, waged a public campaign against Zaw Zaw Latt and Pwint Phyu Latt, which resulted in their arrest and detention. On June 9, 2015, Ahtu Mashi, a journal of Ma Ba Tha’s Mandalay branch, published a five-page article calling for Zaw Zaw Latt to be prosecuted for “insulting religion” and for Myanmar authorities to “take legal action against him and punish him.” His arrest on July 14, 2015 was followed by the arrest of Pwint Phyu Latt five days later. Earlier this week, Myanmar’s highest Buddhist authority, The State Sangha Maha Nayaka Committee, also known by its Burmese acronym Ma Ha Na, effectively banned Ma Ba Tha, determining it to be an illegitimate organization. The Ma Ha Na prohibited the use of Ma Ba Tha’s banner by individuals or groups for any purpose, effective July 15. The Myanmar government should immediately and unconditionally release remaining individuals arbitrarily detained, Fortify Rights said today. These include ethnic Rakhine human rights defender Khaing Myo Htun, 34, ethnic Kachin religious leaders Langjaw Gam Seng, 35, and Dumdaw Nawng Lat, 65, hundreds of Rohingya Muslims arbitrarily detained in Rakhine State since November, and others. “We commend the Myanmar Government for releasing Zaw Zaw Latt and Pwint Phyu Latt today,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “They should have never been imprisoned in the first place and now is the time to ensure all political prisoners are freed.” For more information, please contact: Matthew Smith, Chief Executive Officer, Fortify Rights, +66.85.028.0044 (Thailand), matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @FortifyRights Nickey Diamond, Myanmar Human Rights Specialist, Fortify Rights, +95.997.568.3114 (Burmese/English), nickey.diamond@fortifyrights.org; Twitter: @NickeyMdy, @FortifyRights _________________________________________________________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar: Cooperate with U.N. Fact-Finding Mission, Says Civil Society More than 50 domestic organizations call on government to support human rights mission (YANGON, May 25, 2017)–Fifty-nine Myanmar-based civil society organizations today called on the Government of Myanmar to cooperate with a United Nations Fact-Finding Mission into the human rights situation “in at least Rakhine, Kachin, Shan, and other ethnic states of Myanmar.” “[T]he Fact-Finding Mission is important for the people of Myanmar and our shared struggle for rule of law and human rights,” the organizations said. Today’s statement is the largest demonstration of support for the Fact-Finding Mission from within Myanmar. “It’s not too late for civilian and military authorities to work with this mission to establish the facts and prevent further violations and abuses,” said Khin Zaw Win, director of the Tampadipa Institute, a signatory to the statement. “National reconciliation, stability, and development depend in large part on ending and remedying abuses and atrocities and that can’t happen until the facts are firmly established.” On March 24, the U.N. Human Rights Council passed a resolution mandating a Fact-Finding Mission to Myanmar to “establish the facts and circumstances of the alleged recent human rights violations by military and security forces . . . with a view to ensuring full accountability for perpetrators and justice for victims.” The resolution further encouraged the Government of Myanmar to “cooperate fully with the fact finding mission,” stressing the need for “full, unrestricted and unmonitored access to all areas and interlocutors.” The diverse signatories to today’s statement include prominent women-led organizations, human rights organizations, and development organizations representing various ethnicities throughout the country. Fortify Rights is not a signatory to the statement but supported civil society organizations in developing and publishing it today. “These organizations know the scourge of atrocity crimes and impunity and want real solutions,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “The government has a responsibility to protect the population and hold perpetrators accountable, and this mission would help them do just that.” Today’s statement comes during the “21st century Panglong Conference” – a meeting convened by Myanmar’s de-facto head of state Aung San Suu Kyi, ostensibly to end the country’s long-running wars and achieve “national reconciliation.” The meeting includes leaders of the Myanmar military and ethnic armed groups, elected officials, and observers from civil society. Any failure by the government to cooperate with the U.N. mission may demonstrate unwillingness to end and remedy human rights violations in ethnic states and that may adversely affect the country’s fledgling “peace process,” Fortify Rights said. Upon its passage, the Government of Myanmar immediately “disassociated” itself from the resolution. At a press conference in Brussels on May 2, State Counselor Suu Kyi reiterated the government position, saying the resolution was “not in keeping with what is actually happening on the ground.” Suu Kyi’s offices have routinely denied allegations of serious human rights violations in Rakhine State since October 2016. On October 9, 2016, armed militants attacked three police outposts in Maungdaw and Rathedaung townships in northern Rakhine State, killing nine police. In response, the Myanmar military launched “area clearance operations,” forcing the displacement of more than 100,000 civilians. Amid increasing allegations of human rights violations, in January, 40 Myanmar-based civil society organizations called for a “truly independent” investigation into the situation in Rakhine State. On February 3, the U.N. High Commissioner for Human Rights released a “flash report” that documented mass rape of women and girls, extrajudicial killings, and the widespread burning of villages by Myanmar state security forces in Maungdaw Township since October 9. The report concluded the attacks could “very likely” amount to crimes against humanity. Fortify Rights similarly documented how Myanmar state security forces in northern Rakhine State committed unlawful killings of ethnic Rohingya Muslims, including infants and children, raped and gang-raped ethnic women and girls, looted property, and razed entire villages, including religious structures and food stocks, since October. Fortify Rights also documented the severe restrictions imposed on Muslims in Rakhine State for decades, including restrictions on freedom of movement, marriage, childbirth, and other aspects of daily life. Since October, Myanmar authorities have denied humanitarian agencies, journalists, and human rights monitors unfettered access to affected areas in Maungdaw Township. The authorities have denied life-saving humanitarian aid to tens of thousands of displaced Rohingya. Despite Myanmar authorities’ repeated promises to diplomats and others to increase humanitarian access to the area, aid operations remain limited. Unchecked human rights violations also continue in northern Myanmar. In June 2011, civil war resumed in Kachin State between the Myanmar Army and Kachin Independence Army, spreading later into northern Shan State. Fighting in these areas increased during the last year. Fortify Rights and community-based organizations have documented extrajudicial killings, torture, forced labor, rape and other acts of sexual violence, arbitrary detention, attacks on civilians and civilian objects, and pillaging of property by the Myanmar Army in Kachin and Shan states since 2011. Human rights violations by the Myanmar Army in Kachin and Shan states have been perpetrated with near-complete impunity and may amount to war crimes and crimes against humanity under international law, Fortify Rights said. Myanmar authorities also continue to restrict humanitarian aid groups and human rights monitors from operating freely in Kachin State and northern Shan State, resulting in avoidable deprivations of food, healthcare, and other humanitarian provisions for displaced communities. State Counselor Suu Kyi has consistently promoted the concept of rule of law as an essential solution to the longstanding problems in ethnic states and the country. Today's statement notes that the Government of Myanmar’s “full support for this Fact Finding Mission is an opportunity to demonstrate its commitment to rule of law” and warns that a failure to cooperate with the mission could lead to a worsening human rights situation in Myanmar and further atrocity crimes. Today’s statement also follows an open letter from Fortify Rights and 22 international organizations on April 27 calling upon the Myanmar authorities tocooperate with the Fact-Finding Mission. “The mission will collect evidence and draw conclusions even if the government denies it access, but it’d be wise for the authorities to avoid that route,” said Matthew Smith. “Any failure to cooperate with this mission will raise international alarm bells, intensify pressure, and further damage trust with ethnic populations.” For More Information, Please Contact: Khin Zaw Win, Director, Tampadipa Institute, +95.77.052.6058 (Burmese/English), khin.z.win@gmail.com Matthew Smith, Chief Executive Officer, Fortify Rights, +66.85.028.0044, matthew.smith@fortifyrights.org, Twitter @matthewfsmith @FortifyRights Nickey Diamond, Myanmar Human Rights Specialist, Fortify Rights, +95975683114 (Burmese/English), nickey.diamond@fortifyrights.org; Twitter @NickeyMdy @FortifyRights ________________________________________________________________________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar: Government to Investigate Torture Video Ensure impartial investigation, account for well-being of victims —Fortify Rights welcomes the announcement by the Government of Myanmar to investigate human rights violations by Myanmar Army soldiers following a video that surfaced online last week showing soldiers torturing ethnic men in civilian clothing in northern Shan State. The authorities should ensure a comprehensive and impartial investigation into the Myanmar Army’s use of torture in this case and account for the whereabouts and well-being of the detainees shown in the video and other potential victims. “It’s encouraging that the authorities plan to investigate this case and hold perpetrators accountable for their crimes,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “This is a test for the authorities to demonstrate that the military isn’t above the law. There’s no better time than now to start ending the endemic culture of military impunity.” Yesterday, the office of Myanmar State Counsellor Aung San Suu Kyi issued a statement on Facebook announcing an investigation into behavior depicted in the 17-minute video showing “persons in civilian clothes being physically abused by personnel in military uniform.” The State Counselor’s office added, “The occurrence is being investigated and if any abuses are discovered, action will be taken against the perpetrators according to existing laws, procedures and regulations.” The Office of the Commander-in-Chief also issued a statement yesterday with regard to the video stating “the military arrested four civilian-terrorists and some soldiers physically assaulted them,” further noting “In-Charge officers are investigating the truth.” The video, which first appeared on social media on May 27, shows five Myanmar Army soldiers from Light Infantry Division (LID) 88 and one militia personnel interrogating six men in civilian clothing whose wrists are bound. Soldiers question the men about the location of a handgun and other firearms while administering 32 kicks, four punches and slaps, and three violent blows with a helmet to three of the unarmed, bound men. Soldiers in the video threaten to kill the detainees and accuse them of being “Palaung fighters”—a presumed reference to the Ta’ang National Liberation Army (TNLA), which is engaged in armed conflict with the Myanmar Army in northern Shan State. The Palaung, also known as Ta’Ang, are an ethnic minority predominantly from northern Shan State. Soon after the video emerged online, Fortify Rights published a short filmfurther exposing the video and calling on the authorities to conduct an immediate investigation. On May 28, Fortify Rights published a news releaseon the video, concluding the actions of the Myanmar Army and militia soldiers featured in the video constitute torture and cruel, inhuman, and degrading treatment under international law. “Torture is never warranted. The question of whether the detainees are fighters or civilians is irrelevant,” said Matthew Smith. “This video should offend the conscience of Myanmar’s leadership and lead to stiff action.” On Tuesday, Myanmar media outlet The Irrawaddy quoted TNLA Brigadier General Tar Phone Kyaw as saying the incident occurred in June 2015, raising further questions about the whereabouts and well-being of the men detained in the video. Kachin and Shan civil society organizations have documented torture, arbitrary detention, killings, and other crimes by Myanmar Army soldiers for many years. In 2014, Fortify Rights exposed the Myanmar authorities’ systematic use of torture and other cruel, inhuman, and degrading treatment or punishment during armed conflict in northern Myanmar from June 2011 to April 2014. Last week, 59 Myanmar-based civil society organizations called on the Government of Myanmar to cooperate with a United Nations Fact-Finding Mission established in March to probe crimes by state security forces in Myanmar. The three-person Fact-Finding Mission includes prominent Indian Supreme Court lawyer Indira Jaising, Sri Lankan lawyer Radhika Coomaraswamy, and Australian international human rights specialist Christopher Dominic Sidoti. They will present an oral update to the United Nations Human Rights Council at its thirty-sixth session in September 2017 and a full report at its thirty-seventh session in March 2018 on alleged human rights violations with a view towards ensuring accountability. The mission is expected, at minimum, to assess the human rights situations in Rakhine State as well as Kachin and Shan states. “We encourage the mission to include this case among the others it will look into,” said Matthew Smith. “It’s imperative that the government give its full cooperation to the mission.” For more information, please contact: Matthew Smith, Executive Director, +66.85.028.0044, matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @fortifyrights David Baulk, Myanmar Human Rights Specialist, Fortify Rights, +95.979.311.1685, david.baulk@fortifyrights.org; Twitter: @davidbaulk@FortifyRights Nickey Diamond, Myanmar Human Rights Specialist, Fortify Rights, (Burmese/English), +95.997.568.3114, nickey.diamond@fortifyrights.org; Twitter: @NickeyMdy @FortifyRights ______________________________________________________________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar Army soldiers arbitrarily detained and tortured dozens of civilians from a village in northern Shan State last week, said Fortify Rights today. Residents of the village later found the dead body of one of the men who had been taken by the military. “The authorities should immediately investigate these violations and hold perpetrators accountable,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “The army continues to terrorize ethnic communities with torture, arbitrary detention, and unlawful killings while the civilian government fails to act.” Following recent outbreaks of fighting between the Myanmar Army and the Ta’ang National Liberation Army (TNLA), Myanmar Army Light Infantry Battalions (LIBs) 501 and 503 arbitrarily detained an estimated 250 civilians from Man Lan village, Namhsan Township in northern Shan State on June 24. LIBs 501 and 503 detained residents in a local monastery, separating men from women. Most were held for five consecutive days. Fortify Rights documented how Myanmar Army soldiers bound, beat, and threatened civilians with death, accusing them of supporting the TNLA. Soldiers deprived the detainees of adequate food, water, and access to toilet facilities. The Myanmar Army also confiscated the civilians’ mobile phones. Residents of Man Lan village later found the body of one of the men who had been taken by the soldiers. The majority of those taken by Myanmar Army soldiers were Ta’ang—also known as Palaung—an ethnic minority group predominantly from northern Shan State. Fortify Rights interviewed four survivors of the incident, including three women, aged 27, 51, and 66, and a man, age 27. Fortify Rights spoke to the 66-year-old mother of 32-year-old Kyaw Aung, the man whose body was found following the incident. She told Fortify Rights that Myanmar Army soldiers entered their home on June 25 at around 11 p.m.and that the soldiers took them by force to the local monastery, where other residents were also detained. “They took us like animals,” a 51-year old Ta’ang woman told Fortify Rights. “Mai Mai,” a 27-year old Ta’ang man witnessed soldiers tie and beat Kyaw Aung on June 25. “They tied his arms with rope, and then they beat him a lot,” he said. “After that they took him away in a car, and after that we found his body between Nam Ling and Man Lan village. We found his corpse . . . He was bleeding a lot.” When Man Lan residents discovered the body of Kyaw Aung on June 27, he was dead and covered with leaves. Although Kyaw Aung had been wearing jeans and a t-shirt when Myanmar Army soldiers arrested him, eyewitnesses who found his body said that he was wearing the uniform of a TNLA soldier, which is believed to be an attempt to justify the apparent killing. Mai Mai told Fortify Rights that soldiers accused the detainees of being fighters and described the beating of another Ta’ang man detained in the monastery. He said, “[The Myanmar Army soldiers] used wooden sticks and told him to lie down on the ground, and they beat him. They beat him on his head and legs . . . They repeated again and again, ‘You’re a soldier.’” “When they questioned the men, they beat us,” said Mai Mai. “The Army threatened us, saying, ‘We will punish your village. We will kill you all. We don’t want to see your Ta’ang faces.’” On June 28, the state-run Global New Light of Myanmarnewspaper reported that several Myanmar Army soldiers and four TNLA soldiers had been killed in clashes following the discovery of a TNLA training camp close to Man Lan village on June 20. The Office of the Commander-in-Chief of Defense Services reported that the Army found 40 TNLA uniforms, improvised explosive devices, detonators, medicine, and foodstuff at the camp. On June 27, the Ta’ang Women’s Organization and the Ta’ang Students and Youth Organization—community-based organizations focused on protecting the rights of the Ta’ang people— released three separate publications documenting human rights violations that took place from June 23 to June 26 in the conflict areas, including possible enforced disappearances, indiscriminate attacks on civilians, torture, and forced labor. Under international humanitarian law, persons deprived of their liberty for reasons related to a conflict must be protected against murder, torture, and cruel, inhuman, or degrading treatment. Torture is banned in every context. The Myanmar Army soldiers’ treatment of civilians detained at the monastery in Man Lan village constitutes torture and cruel, inhuman, or degrading treatment or punishment under international law, Fortify Rights said. On June 26 in the same township, the Myanmar Army arrested three Myanmar journalists— Lawi Weng, also known as Thein Zaw, who works for The Irrawaddy and Aye Naing and Pyae Bone Aung, who are with the Democratic Voice of Burma. The Myanmar Army also reportedly arrested two drivers and a monk in their convoy. All are currently detained in Hsipaw prison in northern Shan State, facing charges under Section 17(1) of the Unlawful Associations Act and are due to appear before a judge in Hsipaw Township, Shan State on July 11. If convicted, Lawi Weng, Aye Naing, and Pyae Bone Aung and the three civilians face up to three years in prison. “These journalists were arrested for doing their jobs in a place where the army has a lot to hide,” said Matthew Smith. “No journalist should be arrested for doing their job. A free press is critical for human rights and democracy, and in this case, for ensuring the laws of war are upheld.” On June 28, The Irrawaddy reported that Lawi Weng intended to investigate the possible arrest and torture of Ta’ang civilians by the Myanmar Army. On May 28, Fortify Rights exposed in a short-film graphic video footage of Myanmar Army soldiers from LID 88 and militia personnel brutally beating six unidentified ethnic men in civilian clothing whose hands were bound. Soldiers in the video threaten to kill the detainees and accuse them of being “Palaung fighters”—a presumed reference to the TNLA. The Myanmar Army soldiers’ identities are fully visible in the footage. On May 31, the office of Myanmar State Counselor Aung San Suu Kyi announced, “The occurrence is being investigated, and if any abuses are discovered, action will be taken against the perpetrators according to existing laws, procedures and regulations.” The Office of the Commander-in-Chief also issued a rare statement on May 31 with regard to the video, stating that “the military arrested four civilian-terrorists, and some soldiers physically assaulted them,” further noting, “In-Charge officers are investigating the truth.” At the time of writing, the authorities have not charged the responsible Myanmar Army soldiers or militia personnel for their crimes. On March 24, the United Nations Human Rights Council passed a resolution mandating a Fact-Finding Mission to Myanmar to “establish the facts and circumstances of the alleged recent human rights violations by military and security forces . . . with a view to ensuring full accountability for perpetrators and justice for victims.” In May, 59 Myanmar-based civil society organizations calledon the Government of Myanmar to cooperate with the Fact-Finding Mission. On June 30, the Myanmar government announced that it would not grant visas to the U.N. fact-finding team. “Serious and grave human rights violations against ethnic civilians are happening on the ground,” said Matthew Smith. “A sizable and diverse contingent of civil society has spoken on this issue. The Fact-Finding Mission would help establish the facts. There’s no defensible reason to deny it access to the country.” For more information: Matthew Smith, Chief Executive Officer, Fortify Rights,+66.85.028.0044 (Thailand), matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @FortifyRights David Baulk, Myanmar Human Rights Specialist, Fortify Rights, +95.979.311.1685 (Myanmar), david.baulk@fortifyrights.org; Twitter: @davidbaulk@FortifyRights ____________________________________________________________________________________________ (c) 2017 Fortify Rights

Thai authorities and Thammakaset Company Limited should immediately drop criminal defamation complaints against 14 migrant workers from Myanmar who alleged serious labor rights violations, Fortify Rights said today. The Don Muang Magistrates Court in Bangkok will hold a preliminary hearing tomorrow, July 13, to determine whether the complaint has sufficient merit to proceed to a full criminal trial. “These workers should not face prison for alleging labor rights violations,” said Amy Smith, Executive Director of Fortify Rights. “Thailand should immediately abolish its criminal defamation law. Thai authorities and businesses have obligations to respect and protect human rights, including the right to freedom of expression.” On July 7, 2016, 14 workers submitted a complaint to the National Human Rights Commission of Thailand alleging that Thammakaset Co. Ltd., a Thai-owned poultry farm in Lopburi Province, paid workers less than minimum wage, failed to pay overtime wages, and confiscated their identity documents, including passports, violating Thailand’s Labor Protection Act. On October 6, 2016, Thammakaset Co. Ltd. filed a criminal defamation complaint against the 14 workers, alleging that their complaint to the National Human Rights Commission damaged the company’s reputation. The 14 workers—9 men and 5 women—are all from Bago Region, Myanmar. The 14 migrant workers are facing charges under sections 137 and 326 of the Thailand Criminal Code. Section 137 makes it a criminal offence to give “false information to any official” where it “is likely to cause injury to any person or the public.” The crime carries a sentence of up to six months’ imprisonment and/or a fine of up to 10,000 Thai Baht (US$293). Section 326 similarly makes it a criminal offense to “impute anything” to another person “before a third person in any manner likely to impair [their] reputation … or to expose such other person to hatred or scorn” and carries a sentence of up to one-year imprisonment and/or a fine of up to 20,000 Thai Baht (US$588). “Rather than resolving issues, companies that rely on criminal defamation charges to address allegations create larger human rights concerns,” said Amy Smith. “Where verified allegations of misconduct have been made, companies should respond by providing remedies and reforming their practices, not prosecuting their accusers.” On November 4, 2016, Thammakaset Co. Ltd. also filed a complaint against Andy Hall, a British human rights defender, alleging he committed criminal defamation and violated the Computer-Related Crimes Act 2007 (CCA) in connection with his use of social media calling for justice and adequate compensation for the 14 migrant workers. The Bangkok South Criminal Court is scheduled to consider the merits of the complaint on July 18, 2017. In June 2016, the same 14 workers filed a complaint with the Department of Labor Protection and Welfare (DLPW) in Lopburi Province about employment conditions at the Thammakaset Co. Ltd. farm where they worked. On August 1, 2016, the DLPW found that the company violated Thailand’s Labor Protection Act by failing to pay workers the minimum wage, adequately compensate workers for overtime, and provide adequate leave. The DLPW ordered Thammakaset Co. Ltd. to pay a total of 1,700,000 Thai Baht (US$50,013) to the 14 workers. Thammakaset Co. Ltd. appealed the decision of the DLPW in August 2016. On December 19, 2016, the Region 1 Labor Court in Saraburi Province upheld the decision of DLPW. In January 2017, the company appealed the verdict of the Region 1 Labor Court. The case is now pending before the Supreme Court. Thailand’s Labor Protection Act articulates a comprehensive set of rights and standards for workers, guaranteeing workers the right to minimum wage, a limit to the number of working hours, and a set of minimum standards to ensure workplace health and safety. Thailand’s labor laws apply equally to migrant workers. The bilateral Memorandum of Understanding between Thailand and Myanmar governing the formal recruitment and management of Myanmar migrant workers also explicitly requires the protection of Myanmar migrant workers under Thailand’s domestic laws. Thailand is also a party to several international instruments, including the International Covenant on Economic, Social and Cultural Rights and core International Labor Organization Conventions, which provide for the protection of workers and migrants. “Migrant workers have a right to be protected in the workplace and should be able to speak out when these rights are not protected,” said Amy Smith. “Defamation should never be criminalized. Thailand should immediately amend its laws to be in line with international standards on the right to freedom of expression.” The right to freedom of expression is also protected under Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party. Under international law, restrictions on freedom of expression are permissible only when they are provided by law, proportional, and necessary to accomplish a legitimate aim. The Government of Thailand should immediately abolish its criminal defamation law to bring Thai law in line with international laws and standards, Fortify Rights said. Criminal penalties for defamation, including imprisonment, constitute a disproportionate punishment that infringes on the right to freedom of expression. On May 31, 2017, Thai authorities and business entities committed to implementing the U.N. Guiding Principles on Business and Human Rights. The Guiding Principles—adopted by the U.N. Human Rights Council in 2011—are 31 foundational and operational principles clarifying the duties and responsibilities of states and enterprises to respect and protect human rights and remedy human rights violations and abuses in the context of business activities. Among other obligations, the Guiding Principles provide that states should “protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises” and ensure “the legitimate and peaceful activities of human rights defenders are not obstructed.” “It’s time for Thai authorities and businesses in Thailand to walk the talk and protect human rights in Thailand,” said Amy Smith. “Dropping the criminal complaints against these workers and Andy Hall would be a step in the right direction.” For more information: Sutharee Wannasiri, Thailand Human Rights Specialist, Fortify Rights, +66.61.545.0524Sutharee.Wannasiri@FortifyRights.org; Twitter: @SuthareeW, @FortifyRights Amy Smith, Executive Director, Fortify Rights, +66.87.795.5454 Amy.Smith@FortifyRights.org; Twitter:@AmyAlexSmith, @FortifyRights __________________________________________________________________________________________________________________________________________________ (c0 2017 fortify Rights

Myanmar authorities should immediately drop charges against journalist Swe Win, who was arrested by police at Yangon International airport last night, July 30, said Fortify Rights today. The authorities released Swe Win on bail today. Swe Win is the fifth journalist arrested and wrongfully detained in Myanmar in the last two months. He faces criminal defamation charges for comments he made on Facebook about extremist Buddhist-monk Wirathu in February. “Swe Win is a principled journalist with a towering reputation for exposing injustice,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “This is yet another feeble attempt to criminalize journalism. Journalism is not a crime.” Myanmar Police arrested Swe Win, 40, while he attempted to pass through immigration at Yangon Airport to take a scheduled flight to Bangkok, Thailand. The authorities took him to Mingalardon police station and detained him overnight at Insein Prison. The Myanmar Police applied to a court in Mandalay for a warrant to transfer him to Mandalay. He was transferred to Oboe Prison in Mandalay today and then released on bail. Swe Win is a prominent investigative journalist and chief editor at Myanmar Now, a not-for-profit, independent news service in Myanmar. Supporters of extremist Buddhist-monk Wirathu targeted Swe Win in recent months with death threats, criminal complaints, and violent assault for his investigative work. On March 7, Wirathu supporter Kyaw Myo Shwe filed a defamation complaint against Swe Win under section 66(d) of the 2013 Telecommunications Law at the Maha Aungmyay Township police station in Mandalay for comments Swe Win posted on Facebook about Wirathu. In February, Swe Win stated on Facebook that Wirathu’s “monkhood was over” after Wirathu thanked the assassins of prominent National League for Democracy lawyer Ko Ni. A hired gunman assassinated Ko Ni on January 29 at Yangon International airport. A February 27Myanmar Now article quoted senior Buddhist abbot Sein Dago Wu saying that Wirathu’s comments praising the assassins “transgressed the Pārājika rules,” which are guidelines explaining grounds for expulsion from the Buddhist Sangha. The penalty for violations of section 66(d) of the 2013 Telecommunications Law includes up to three years’ imprisonment for “extorting, coercing, restraining wrongfully, defaming, disturbing, causing undue influence or threatening any person using a telecommunications network.” After his arrest last night, Swe Win told reporters, apparently referring to section 66(d) of the Telecommunications Law: “It is good that this has happened. I have got to tackle this. The law should not exist...It will be good for the citizens as well.” On June 29, Fortify Rights and 60 Myanmar and international organizations called on the Myanmar authorities to repeal section 66(d) of the 2013 Telecommunications Law in accordance with international human rights laws and standards governing freedom of expression. Myanmar Parliament should immediately repeal Section 66(d) of the Telecommunications Law, Fortify Rights reiterated today. Another Wirathu supporter, Thet Myo Oo, filed a related complaint against Swe Win on March 19, claiming that Swe Win insulted Buddhism during a March 8press conference when Swe Win reportedly responded to a question about the Facebook post, saying: “They say [my post] is defamatory, but does [U Wirathu] have the dignity to be defamed? He is endlessly cursing across the country. Does this person have dignity?” Thet Myo Oo filed a complaint against Swe Win under section 295 of the Penal Code, which criminalizes insulting religion. In late April, the Kyauktada Township Court in Yangon dismissed the complaint against Swe Win on the basis that a complaint under section 295 in this case should come directly from Wirathu. On March 10, the State Sangha Maha Nayaka committee banned Wirathu from public sermons for one year for repeated hate speech against other religions. Swe Win reportedly received further threats related to his reporting on Wirathu. For example, on March 14, three assailants reportedly verbally threatened and attempted to physically assault Swe Win in Sanchaung Township, Yangon. Swe Win filed a complaint with the local police station. Fortify Rights was unable to confirm if police conducted an investigation into the incident. The Ministry of Religious Affairs and Culture issued a letter on April 5 stating that Swe Win had not violated any law with regard to his comments about Wirathu but was “carry[ing] out his job as a journalist,” after Swe Win’s request for a summary of the ministry’s views on the charges against him. Myanmar has wrongfully detained four other journalists since June. On June 26, the Myanmar Army arrested Myanmar journalists Lawi Weng, also known as Thein Zaw, who works for The Irrawaddy, and Aye Naing and Pyae Bone Aung, who are with the Democratic Voice of Burma, along with four other men in northern Shan State. The journalists face charges under section 17(1) of the Unlawful Associations Act for attending an event hosted by the Ta’ang National Liberation Army during the course of their work. If convicted, Lawi Weng, Aye Naing, and Pyae Bone Aung face up to three years in prison. Police also arrested journalist Kyaw Min Swe from the Voice journal in June under section 66(d) regarding a satirical article that mocked a military propaganda film. The right to freedom of expression is protected under article 19 of the International Covenant on Civil and Political Rights. Restrictions on freedom of expression are permissible only when provided by law, proportional, and necessary to accomplish a legitimate aim. Article 6 of the United Nations Declaration on Human Rights Defenders also states “everyone has the right, individually and in association with others, to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information.” The charges against Swe Win represent an overly broad application of a vaguely worded criminal law in violation of the right to freedom of expression, Fortify Rights said. The right to freedom of expression promotes transparency, accountability, and the protection of other human rights that are foundational for any society. Myanmar authorities should immediately drop the charges against Swe Win and release the four other journalists still detained, Fortify Rights said. “A free press serves the public interest,” said Matthew Smith. “What we’re seeing now is a crackdown on journalists. Parliament should repeal the legal framework used to target the legitimate work of journalists and put an end to this crackdown.” Background on Swe Win Swe Win has a history of exposing injustices and human rights violations in Myanmar. Most recently, Swe Win’s investigation into the assassination of Ko Ni published on February 1 alleged that Aung Win Khaing and Aung Zaw Win recruited gunman Kyn Lin, who carried out the killing. The police subsequently arrested Aung Zaw Win and two other suspects, Zeya Phyo and Aung Win Tun, for harboring Aung Zaw Win. Aung Win Khaing's whereabouts are unknown. In 2016, Swe Win reported on prison labor camps operated by Myanmar authorities where “current and past practices…have resulted in abuses, corruption, exploitation, and the deaths of possibly thousands of convicts.” As a result of Swe Win’s exposé, the U.N. Special Rapporteur on the situation of human rights in Myanmar Yanghee Lee visited and reported on concerns related to prison labor camps in Myanmar. In September, Swe Win reported on the human trafficking and enslavement of two girls, aged 16 and 17, in Yangon, which led to the resignation of four members of the Myanmar National Human Rights Commission (MNHRC) after they negotiated a controversial financial settlement for the two girls but failed to call for or ensure accountability. Swe Win called for the MNHRC to be “restructured to ensure a better outcome in the future.” In 1998, the authorities convicted Swe Win under section 5(J) of the 1950 Emergency Provisions Act for his activities with the pro-democracy movement in Myanmar and sentenced him to 21 years in prison. The authorities granted him amnesty on July 5, 2005 after he served seven years in prison. _____________________________________________________________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar authorities should immediately and unconditionally release human rights defender Khaing Myo Htun and investigate allegations of human rights violations by Myanmar Army soldiers against ethnic Rakhine civilians, said Fortify Rights today. Khaing Myo Htun faces up to two years in prison, fines, or both on charges of sedition and incitement for his involvement in publishing research alleging Myanmar Army soldiers committed human rights violations against Rakhine civilians. “It’s a travesty that Myanmar authorities have arbitrarily detained Khaing Myo Htun for more than seven months,” said Matthew Smith, chief executive officer of Fortify Rights. “The military is using the courts to target and silence yet another human rights defender. Khaing Myo Htun must be released immediately.” Judge Sein Kyaw Phyu denied Khaing Myo Htun’s bail application at a hearing on Monday in Sittwe District Court. This was Khaing Myo Htun’s second request for bail. On May 5, Myanmar Army Lieutenant-Colonel Tin Naing Tun accused Khaing Myo Htun of sedition and incitement for publishing a statement on behalf of the Arakan Liberation Party (ALP) on April 24, 2016 alleging that the Myanmar Army used civilian forced labor and committed international crimes against civilians in Rakhine State. On July 25, 2016, Sittwe police arrested Khaing Myo Htun in Baukthisu Ward, Sittwe Township, Rakhine State for allegedly violating Sections 505 (b) and (c) of the Myanmar Penal Code. At the time of his arrest, Khaing Myo Htun was the deputy information officer for the ALP—the political wing of the Arakan Liberation Army, which signed a ceasefire agreement with the Myanmar authorities in 2012. Overshadowed by gross and systematic human rights violations against Rohingya Muslims in Rakhine State, deadly armed conflict between the Myanmar Army and the Arakan Army—another ethnic Rakhine armed group—has been ongoing in Rakhine State since April 2015. More than 1,100 civilians, mostly Rakhine Buddhists in Buthidaung, Rathedaung, and Kyauktaw townships in Rakhine State, were displaced since April 2015. Since his detention in July 2016, Khaing Myo Htun’s trial has been repeatedly delayed. The plaintiff and other prosecution witnesses failed to appear at court, and former presiding Judge Chit Myat prematurely walked out of court hearings without explanation. Sections 505 (b) and (c) of the Myanmar Penal Code prohibit “any statement, rumor or report . . . with intent to cause, or which is likely to cause, fear or alarm to the public…” and “with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community…” Violations of Section 505 are punishable by up to two years in prison, a fine, or both. Myanmar authorities have long used the broad and vague provisions in the law to silence human rights defenders. The continued detention of Khaing Myo Htun is a violation of international law, said Fortify Rights. Arrest and detention are unlawful when individuals are arrested or detained for engaging in activity that is protected under international law, such as exercising the right to freedom of expression. Khaing Myo Htun was exercising his right to freedom of expression by speaking on behalf of the ALP about alleged human rights violations committed by Myanmar Army soldiers against civilians in Rakhine State. In March 2016, Fortify Rights investigated allegations of forced labor by the Myanmar Army in Kyauktaw Township, Rakhine State. Fortify Rights and partners documented seven cases of forced labor by the Myanmar Army in December 2015 and January 2016. Myanmar Army soldiers forced ethnic-Rakhine civilians to dig graves and carry supplies under the threat of death during fighting with the Arakan Army in Rakhine State. “Myanmar army soldiers must be held accountable for human rights violations they’ve committed,” said Matthew Smith. “Human rights defenders like Khaing Myo Htun are essential to ending impunity, and we believe that’s why the military is targeting him.” For more information, please contact: Matthew Smith, Chief Executive Officer, +66.85.028.0044, matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @fortifyrights Amy Smith, Executive Director, +66.87.795.5454, amy.smith@fortifyrights.org; Twitter: @AmyAlexSmith, @fortifyrights _______________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar authorities should drop charges against ethnic-Rakhine human rights defender Khaing Myo Htun and immediately and unconditionally free him, said Fortify Rights today. The Sittwe Township Court in Rakhine State will deliver its verdict on the charges tomorrow, October 12. “Khaing Myo Htun should be at home with his family, not cooped up in a jail cell for defending human rights,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “The authorities should immediately release Khaing Myo Htun.” Sittwe police arrested Khaing Myo Htun, a 35-year old human rights defender with years of experience working with civil society organizations, on July 25, 2016. Lieutenant-Colonel Tin Naing Tun from the Myanmar Army’s Sittwe-based Regional Operations Command had filed sedition and incitement charges against Khaing Myo Htun under Sections 505(b) and (c) of the Myanmar Penal Code. The charges relate to an April 24, 2016 statement published by the Arakan Liberation Party (ALP)—the political wing of the Arakan Liberation Army—claiming the Myanmar Army used forced labor and committed other violations against civilians in Rakhine State in early 2016. At the time of the statement, Khaing Myo Htun was the ALP’s deputy information officer. On September 14, 2017, two defense witnesses from Rathedaung Township, Rakhine State testified in Khaing Myo Htun’s trial that in 2016 the Myanmar Army forced them to carry supplies and weapons during clashes with the Arakan Army—an ethnic armed group engaged in armed conflict with the Myanmar Army since April 2015. Fortify Rights and its partners documented seven cases of forced labor by the Myanmar Army in December 2015 and January 2016. The Myanmar Army forced civilians to dig graves and transport supplies under the threat of death. The Myanmar authorities have detained Khaing Myo Htun since July 2016. The court repeatedly rejected his bail applications despite numerous delays in his trial due to the absence of the plaintiff, prosecution witnesses, and the judge. “Khaing Myo Htun is now 15 months into a detention that was arbitrary from day one,” said Matthew Smith. “Myanmar’s military leaders have learned nothing from the past if they think they can silence human rights defenders by locking them up.” Sections 505(b) and (c) of the Myanmar Penal Code prohibit any statement, rumor or report “with intent to cause, or which is likely to cause, fear or alarm to the public…” and “with intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community…,” respectively. On August 26, 2016, three United Nations Special Rapporteurs and the U.N. Working Group on Arbitrary Detention issued a joint communication to the Government of Myanmar on Khaing Myo Htun’s case. The Government of Myanmar replied on October 6, 2016, stating: “[I]t does not amount to an offence…when the person making, publishing or circulating any such statement, rumour or report has reasonable grounds for believing that such statement, rumour or report is true.” “The government’s own interpretation of the law demonstrates the baselessness of the charges against Khaing Myo Htun,” said Matthew Smith. “Myanmar needs to support and protect the critical work of its human rights defenders and peace-builders, especially in Rakhine State.” ___________________________________________________________________________________________ (c) 2017 Fortify Rights

The Myanmar military and ethnic armed groups should immediately cease using antipersonnel landmines, and the Government of Myanmar should ratify the 1997 Mine Ban Treaty, said Fortify Rights today. Two ethnic Ta’ang civilians died from injuries sustained by landmine explosions in separate incidents on October 20 in Shan State, according to the Ta’ang Women’s Organization (TWO), a women-led organization promoting the human rights of the Ta’ang, an ethnic minority group predominantly from Myanmar’s northern Shan State. “Landmines have terrorized, maimed, and killed civilians in ethnic states for far too long,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “The military and ethnic armed groups need to stop using these internationally-prohibited weapons and prioritize agreements on landmine clearance.” On October 20, in two separate incidents in Namhsan Township in northern Shan State, antipersonnel landmines reportedly killed two Ta’ang civilians. According to TWO, Lway Aye Nam, 20, stepped on a landmine outside Man Loi village around midday on her way home from work in a nearby tea plantation, severely maiming one leg. She died from her injuries on the way to Lashio hospital. A few miles away between Ma Ni Pane village and Lon Tauk village, Hla Sai, 30, also reportedly suffered fatal injuries after stepping on a landmine around 2 p.m. He died around 6 p.m. on his way to Lashio hospital. Fortify Rights has documented the use of antipersonnel landmines in the conflict areas of northern Myanmar since the Myanmar military and ethnic armed organizations resumed fighting in June 2011. “Sai Aung,” a 33-year-old ethnic-Shan landmine-survivor and father of nine from Kandowyang village in Kachin State, told Fortify Rights in 2016 how a landmine injured him. He said: “I went back to my village last year, and I wanted to go to my farm . . . I was in the orange orchard, and I stepped across a wire and it exploded . . . I was in the hospital for two months . . . I saw another three people in the hospital who had stepped on landmines.” Representatives from the Kachin Independence Army (KIA), an ethnic armed-group operating in Kachin State and parts of Shan State, told Fortify Rights that the KIA uses antipersonnel landmines and conceded that their mapping of landmines is inadequate. Likewise, in September 2016, the Government of Myanmar’s Deputy Minister of Defense, Major General Myint Nwe, told the Myanmar Parliament that the Myanmar Army also continued to use landmines in armed conflicts in the country. In 2013, former Myanmar President Thein Sein said the military needed “to use landmines in order to safeguard the life and property of people and self-defense.” In February 2016, residents of Kutkai Township in northern Shan State reportedly sent a letter to the Myanmar military, the KIA, and the Ta’ang National Liberation Army (TNLA)—another ethnic armed-group active in northern Shan State—demanding the removal of landmines planted there during armed conflict the month before. “Landmines are indiscriminate and dangerous during and after armed conflict,” said Matthew Smith. “Armed groups should listen to the communities they claim to be protecting and stop using these weapons.” Armed conflict and wartime human rights violations have forcibly displaced more than 100,000 civilians in northern Shan State and Kachin State since June 2011. In May 2017, the International Committee of the Red Cross identified the continued use of antipersonnel landmines and unexploded ordnance as a key obstacle preventing displaced communities from returning to their places of origin in northern Myanmar. In April 2016, the United Nations Secretary General attributed half of the child casualties of war in Myanmar to landmines and other explosive remnants of war. Myanmar is the world’s third most landmine-contaminated country in the world, behind Afghanistan and Colombia. Since August, Fortify Rights and others documented how the Myanmar military laid antipersonnel landmines in northern Rakhine State, resulting in the deaths and maiming of Rohingya Muslim civilians fleeing a military-led attack. Nearly 700,000 mostly Rohingya have fled to Bangladesh since the Myanmar Army began “clearance operations” in response to the coordinated killings of Myanmar security personnel by the Arakan Rohingya Salvation Army in October 2016 and August 2017. After decades of armed conflict, nine of the 14 states and regions in Myanmar are contaminated with landmines. The Government of Myanmar, the KIA, and other ethnic armed-groups are bound by customary international humanitarian law to avoid indiscriminate attacks on civilians. Under international humanitarian law, combatants must be distinguished from non-combatants—a distinction impossible to make with antipersonnel landmines, which are indiscriminate in nature. Parties to the ongoing armed-conflicts in Myanmar should immediately cease laying mines, Fortify Rights said. The Government of Myanmar should also ratify the 1997 Mine Ban Treaty and, in line with the treaty provisions, ban the use, production, stockpiling, and transfer of antipersonnel mines as well as destroy landmine stockpiles, clear all mined areas, and assist landmine survivors. On October 19, 2017, Deputy Director General of the Social Welfare Department of Myanmar Myo Sett Aung called on the Government of Myanmar to undertake mine-clearance operations in the country, but fell short of recommending that Myanmar join the Mine Ban Treaty. December 3, 2017 marks the 20th anniversary of the date the Mine Ban Treaty was opened for signature. Fortify Rights recommends more mine-risk education in ethnic states, particularly for children, and for the Government of Myanmar to ensure that certain areas are not privileged for landmine clearance due to political and economic interests. Landmine clearance and mine-risk education is integral to restore peace and security and to return land to those who were displaced, Fortify Rights said. “Displaced communities can’t return home until the peace process improves, and they can’t do it safely until mines are cleared,” said Matthew Smith. “Tens of millions of humanitarian dollars have been spent and landmines aren’t being cleared. There’s a trust deficit that plagues the peace process. Political will needs to change on all sides.” For more information, please contact: David Baulk, Myanmar Human Rights Specialist, +95.979.311.1685 (Myanmar),david.baulk@fortifyrights.org; Twitter: @davidbaulk, @FortifyRights Matthew Smith, Chief Executive Officer, +66.85.028.0044 (Thailand), matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @FortifyRights __________________________________________________________________________________________________________________________________________________________ (c) 2017 Fortify Rights

Myanmar authorities should immediately release a detained 14-year-old ethnic Ta’ang boy and urgently investigate allegations that military officials tortured him in detention, Fortify Rights said today. The Shan State Namhsan Township Court on October 30 sentenced Mai Cho Min Htwe to two years in prison for unlawful association with an ethnic armed group. “The continued detention of a 14-year-old boy on trumped-up charges demonstrates a new low for rule of law in Myanmar,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “Mai Cho Min Htwe should be home with his family, not behind bars.” On October 30, Namhsan Township Court Judge Zaw Zaw Oo convicted Mai Cho Min Htwe without a trial for allegedly violating Article 17(1) of the Unlawful Associations Act. Myanmar Army Division 77 Major Myint Maung Maung Soe filed the charges earlier that same day. The charges relate to an alleged photograph of Mai Cho Min Htwe in a Ta’ang National Liberation Army (TNLA) uniform. The TNLA is an ethnic armed group based in northern Shan State that is engaged in armed conflict with the Myanmar Army. Captain Thura Htun Oo from Myanmar Army Light Infantry Division 105 arrested Mai Cho Min Htwe onOctober 5 at 5 p.m. after allegedly finding the photograph while searching the boy’s mobile phone during a traffic stop at Padamayar Pagoda checkpoint outside Namhsan town. The Myanmar Army soldiers took Mai Cho Min Htwe to the Light Infantry Division 324 operational camp in Namhsan Township and detained him for seven days. According to Mai Cho Min Htwe’s lawyer, military officers reportedly interrogated Mai Cho Min Htwe overnight, beat him, and deprived him of sleep, food, and water. On October 12, the military transferred Mai Cho Min Htwe to Namhsan Police Station, where he is currently being held and awaits transfer to prison. At no time during his detention, interrogations, or closed-door court hearing did the authorities provide Mai Cho Min Htwe, who cannot speak Burmese, with an interpreter or lawyer. Mai Cho Min Htwe spoke to a lawyer for the first time since his arrest on November 2—three days after the court convicted him without a trial. The authorities have not yet given Mai Cho Min Htwe’s lawyer access to the court records. “This conviction is unlawful and should raise concerns at the highest levels of the Myanmar government,” said Matthew Smith. “This case demonstrates an appalling disregard for the rights of children and a callous response to a possible case of child soldiering.” Article 37 of the Convention on the Rights of the Child (CRC), to which Myanmar is a party, provides that the arrest and detention of a child should take place “only as a measure of last resort and for the shortest appropriate period of time.” Article 40 of the CRC further guarantees the right to fair trial standards for children, including access to an interpreter and legal assistance. Torture and ill treatment—including beatings during interrogations, sleep deprivation, and food and water deprivation—are absolutely prohibited under customary international law. Myanmar is a also a signatory to the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict, which prohibits the recruitment or use of child soldiers by non-state armed groups. On June 27, 2012, the Myanmar Government signed a Joint Action Plan with the United Nations to end and prevent the recruitment and use of child soldiers. In accordance with its commitments under international law, the Myanmar authorities should urge the Myanmar military and ethnic armed groups in the country to end the recruitment and use of child soldiers and demobilize all child soldiers in their ranks, Fortify Rights said. The authorities should not criminalize children suspected to be affiliated with armed groups, but should extend protections to them as possible child soldiers. Myanmar authorities have long used the sweeping provisions of the Unlawful Associations Act to arrest and imprison human rights defenders and others. For instance, on October 27, the Lashio District Court sentenced Dumdaw Nawng Lat and Langjaw Gam Seng, two ethnic Kachin religious leaders to four years and three months and two years and three months in jail respectively for allegedly violating Article 17(1) of the Unlawful Associations Act and other violations. The authorities accused the two religious leaders of supporting the Kachin Independence Army (KIA)—another ethnic armed group operating in northern Myanmar—after the men assisted journalists to document damage allegedly caused by Myanmar military airstrikes on a Catholic church and other civilian structures in Muse Township, northern Shan State, in late 2016. The Myanmar Parliament should immediately repeal the Unlawful Associations Act, Fortify Rights said. “This law threatens the rights of everyone in Myanmar and makes the country less secure,” said Matthew Smith. “It’s imperative that the authorities repeal the Unlawful Associations Act and immediately and unconditionally release Mai Cho Min Htwe to prevent any further harm to him and his family.” For more information, please contact: Nickey Diamond, Myanmar Human Rights Specialist, +95.997.568.3114 (Myanmar), (Burmese/English), nickey.diamond@fortifyrights.org David Baulk, Myanmar Human Rights Specialist, +95.979.311.1685 (Myanmar),david.baulk@fortifyrights.org; Twitter: @davidbaulk, @FortifyRights Matthew Smith, Chief Executive Officer, +66.85.028.0044, matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @FortifyRights __________________________________________________________________________________________________________________________' (c) 2017 Fortify Rights

The Government of Myanmar should immediately and unconditionally release two Reuters journalists arrested on December 12, Fortify Rights said today. This case is the latest example of a wider and targeted crackdown on the news media by Myanmar authorities. At the time of writing, the authorities have not confirmed the location of the two detained journalists. “Myanmar authorities are once again hounding journalists in an effort to silence the profession,” said Matthew Smith, Chief Executive Officer of Fortify Rights. “The authorities should immediately disclose the whereabouts and well-being of the two journalists.” Police in Yangon reportedly arrested Reuters journalists Wa Lone, 31, and Kyaw Soe Oo, 27, around 11:30 pm on Tuesday, December 12. The following day, the Myanmar Ministry of Information said in a statement on its Facebook page that the two journalists as well as two police officers face charges under Section 3.1 of the 1923 Official Secrets Act for allegedly "illegally acquired information with the intention to share it with foreign media.” Prior to the arrest, the journalists reportedly attended a dinner with police officials near the Police Battalion 8 compound located on the outskirts of Yangon. On December 14, the state-run Global New Light of Myanmar reported that the journalists obtained documents “by deception from the two policemen, who came back from Rakhine State after serving security duties in Maungtaw and Buthidaung.” A military officer filed the charges at the Htaukkyant Police Station. The charges carry a maximum sentence of 14 years in prison. On December 14, the United Nations Secretary General António Guterres called on the Myanmar authorities to release the two journalists. “National and international journalists are being squeezed for doing their jobs,” said Matthew Smith. “The environment for media right now is as hostile as it’s been for years, and if adequate pressure doesn’t mount on the civilian and military leadership, we can expect it to worsen.” In November, Myanmar authorities sentenced two foreign journalists, Lau Hon Meng and Mok Choy Lin, their interpreter, Aung Naing Soe, and their driver, Hla Tin, to two months in prison for allegedly violating Section 10 of the 1934 Aircraft Act in relation to their importation and use of a drone. They also face charges for importing a drone illegally, which carries a sentence of up to three years in prison, a fine, or both. In a two-part film by the U.S.-based news agency ABC News that aired last week, government officials repeatedly denied ABC News correspondent Bob Woodruff access to northern Rakhine State. The Government of Myanmar has denied nearly all media access to northern Rakhine State since October 2016, when attacks by Rohingya militants sparked Myanmar Army-led mass atrocity crimes against Rohingya men, women, and children, displacing more than 700,000 civilians. ANovember 15 report by the United States Holocaust Memorial Museum and Fortify Rights found “mounting evidence” of genocide against Rohingya in Rakhine State. In March 2017, a supporter of extremist Buddhist monk Wirathu filed a defamation complaint against prominent investigative journalist Swe Win under section 66(d) of the 2013 Telecommunications Law. In February, Swe Win criticized Wirathu in a Facebook post, claiming that Wirathu’s “monkhood was over” following remarks he made thanking the assassins of prominent National League for Democracy lawyer Ko Ni. Myanmar Police arrested Swe Win on July 30. If convicted, Swe Win faces up to three years’ imprisonment. Foreign journalists told Fortify Rights that immigration officials recently started requiring journalists seeking visas to sign supplemental documents agreeing not to “visit the restricted and operational areas” designated by the Government of Myanmar. Several journalists also told Fortify Rights that the Myanmar Ministry of Information refused to issue recommendations to foreign journalists to obtain multiple-entry journalist visas from the Department of Immigration. For more information, please contact: David Baulk, Myanmar Human Rights Specialist, Fortify Rights, +95 9793111685 (in Myanmar) , +66.924890106 (in Thailand) david.baulk@fortifyrights.org; Twitter: @davidbaulk, @FortifyRights Matthew Smith, Chief Executive Officer, Fortify Rights, +1.202 5038032 (in U.S.),matthew.smith@fortifyrights.org; Twitter: @matthewfsmith, @FortifyRights (c) 2017 Fortiy Rights

(Bangkok and Geneva, July 5, 2019)— The Government of India should prevent forced returns of refugees from Myanmar, Fortify Rights said in a short video today. Fortify Rights received mobile-phone footage showing Indian security forces dragging an unknown Rakhine refugee woman from a bamboo hut and carrying an infant child in Mizoram State. This week, Indian security forces reportedly forced more than 100 Rakhine refugees back to Myanmar, where they had fled armed conflict and ongoing human rights violations and abuses. “India authorities have a legal obligation to protect refugees,” said Matthew Smith, Chief Executive Officer at Fortify Rights. “They’re sending them back to a situation of war crimes and persecution.” Rakhine, or Arakanese, are predominantly Buddhist and are escaping armed conflict in Myanmar’s Rakhine State between the Arakan Army (AA) and the Myanmar military. Fortify Rights also received photos of Rakhine refugee homes that were destroyed. An Indian official in Lawngtlai, a district in south Mizoram, told reporters on July 3 that Rakhine refugee homes had “been destroyed,” corroborating the photos on file with Fortify Rights. Under customary international law, the principle of non-refoulement prohibits states from returning any person on its territory or under its jurisdiction to a country where they may face persecution. Article 3 of the U.N. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which India is a party, states: “No State Party shall expel, return (‘refoule’) or extradite a person to another State where there are substantial grounds for believing that he [or she] would be in danger of being subjected to torture.” The Myanmar military and AA have engaged in armed conflict since 2015, displacing more than 30,000 civilians in seven townships of Rakhine State since January 2019. Fortify Rights previously documented how civilians, including children, were killed and injured during the conflict, and how the Myanmar Army forced Rakhine civilians to dig graves and carry supplies under the threat of death. Rohingya Muslims from Myanmar have also sought refuge in India. In July 2018, Fortify Rights published a 160-page report detailing how Myanmar authorities made “extensive and systematic preparations” for attacks against Rohingya Muslim civilians in Rakhine State in 2017 that constituted genocide and crimes against humanity. Fortify Rights documented how Indian authorities beat and threatened Rohingya refugees, forcing some to flee to Bangladesh. “Rakhine Buddhists and Rohingya Muslims appear to be equally victim to President Modi’s callous anti-refugee policy in India,” said Matthew Smith. “India should end forced returns of refugees seeking safety from atrocity crimes and ensure protection.” © July 2019 Fortify Rights. All Rights Reserved.