Muslim interfaith activists Zaw Zaw Latt and Pwint Phyu Latt and Hindu interfaith activist Zaw Win Bo,
from Mandalay. Zaw Zaw Latt and Pwint Phyu Latt were arrested on 14 July 2015. Pwint Phyu Latt was
released later that day but rearrested on 19 July. Zaw Win Bo was arrested on 22 July. All three were
sentenced in February 2016 to two year imprisonment with hard labour for immigration-related offences
under Section 13(1) of Myanmar’s 1947 Immigration (Emergency Provisions) Act, for allegedly crossing the
Myanmar-India border during a humanitarian visit to Chin State in April 2014. In addition, Zaw Zaw Latt and
Pwint Phyu Latt were also charged with violating Article 17/1 of the 1908 Unlawful Associations Act, 91 which
carries up to three years’ imprisonment. At the time of writing their trial was still ongoing. The charge relates to
a visit to conflict areas controlled by the Kachin Independence Army (KIA) in June 2013. Activists in Myanmar
believe that the three were arrested for their interfaith awareness activities, which inflamed local Ma Ba Tha
members. Family members also report that Ma Ba Tha members regularly attend their trial hearings, in an
apparent attempt to intimidate them and pressure the judge.
Six men, one Rohingya Muslim, three Bamar Muslims, one Bamar Buddhist and one ethnic Chinese,
were charged with “incitement” for printing a 2016 calendar asserting that the Rohingya are an ethnoreligious minority from Myanmar, and including information about the history of the Rohingya in the country.
According to the First Information Report (FIR) filed by the police, the calendar contained material “offensive
to race and religion”.92 On 23 November, five of the men were sentenced under the Printing and Publishing
Enterprise Law to pay approximately 800 US$ fine. The next day, the five men were re-arrested by police and
charged under Section 505(b) of the Penal Code. All five are detained in Insein prison while their trial is
ongoing. The sixth man remains in hiding. Credible sources told Amnesty International that the case against
the six men came after members of the Ma Ba Tha complained to local township authorities.93
These cases have had an inhibiting effect on freedom of expression in Myanmar, and foster an environment
where any discussion around religion becomes increasingly inhibited. The cases against Htin Lin Oo and the
Mandalay interfaith activists have also negatively impacted on activists working on religious freedom issues or
otherwise attempting to challenge discrimination, who fear that they could also be arrested and imprisoned for
their work. Human rights defenders, including journalists, lawyers and women’s rights activists, have told
Amnesty International that they regularly face harassment and intimidation from the Ma Ba Tha.94
For more explanation and analysis of the 1908 Unlawful Associations Act see, Chapter 4, p42.
Unofficial translation, on file with Amnesty International.
93
Amnesty International interview, Yangon, December 2015.
94
Journalists and women human rights defenders have reported receiving abusive text messages, phone calls and social media messages as
well as threats of physical violence. See for example Amnesty International, Caught between state censorship and self-censorship:
Prosecution and intimidation of media workers in Myanmar (Index ASA 16/1743/2015), 17 June 2015, pp15-16.
91
92
NEW EXPRESSION MEETS OLD REPRESSION
ENDING THE CYCLE OF POLITICAL ARRESTS AND IMPRISONMENT IN MYANMAR
Amnesty International
31