Myanmar: Jailed satire performers face more charges
Five members of the Peacock Generation, a Thangyat or a satirical poetry troupe, have been sentenced to one year’s imprisonment, after being detained for over six months, for their performance criticizing the military. They are facing further charges in different townships where they have also performed, including for livestreaming their performances. If found guilty of all charges, they face up to eight additional years in prison.
First UA: 147/19 Index: ASA 16/1340/2019 Myanmar Date: 5 November 2019
URGENT ACTION
JAILED SATIRE PERFORMERS FACE MORE CHARGES
Five members of the Peacock Generation, a Thangyat or a satirical poetry troupe, have been sentenced to
one year’s imprisonment, after being detained for over six months, for their performance criticizing the
military. They are facing further charges in different townships where they have also performed, including for
livestreaming their performances. If found guilty of all charges, they face up to eight additional years in
prison.
TAKE ACTION: WRITE AN APPEAL IN YOUR OWN WORDS OR USE THIS MODEL LETTER
President U Win Myint
President’s Office,
Office No. 18 Nay Pyi Taw
Republic of the Union of Myanmar
Fax: +95 1 652 624
Dear President U Win Myint
I am writing to express my concern regarding the ongoing prosecution of members of the Peacock
Generation, a Thangyat, or satirical poetry troupe, for their peaceful performances of the traditional art
form.
Five members, Kay Khine Tun, Paing Pyo Min, Paing Ye Thu, Zayar Lwin, and Zaw Lin Htut, who have been
detained in Insein prison since their arrest in April 2019, were convicted and sentenced to one year in
prison on 30 October 2019 under Section 505 (a) of Myanmar’s Penal Code. These five individuals, as well
as two additional members of the troupe, Nyein Chan Soe and Su Yadanar Myint, are facing trial on the
same charges at Yangon’s Botahtaung Township Court.
Given that they have already been imprisoned for peacefully expressing their right to freedom of expression,
it is of particular concern that additional charges, and risk of additional prison time, continue to be laid
against troupe members. Similar complaints have also been filed against Peacock Generation members,
including some of those already convicted, in Dedaye Township and Pyapon Township in Ayeyarwady
Division.
Furthermore, four of the seven members, including three of the individuals who were convicted on 30
October, have been accused of “online defamation” under Section 66 (d) of the 2013 Telecommunications
Law for sharing photos and videos and livestreaming their satirical performance on Facebook.
Thangyat is a time-honoured tradition in Myanmar, and I believe that no one should face charges, let alone
prison, for peacefully performing it. It is of grave concern to me that these oppressive laws continue to be
used to violate freedom of expression and to target peaceful activists, critics and human rights defenders.
I am therefore writing to urge you to:
Immediately and unconditionally release all jailed members of the Peacock Generation, quash their
convictions and drop further charges against them and other members;
Ensure that, pending their release, members of the Peacock Generation are held in conditions which meet
international standards, and that they have regular access to family, lawyers of his choosing, and any
healthcare they require;
Repeal or amend laws that arbitrarily restrict the right to freedom of expression, including Section 505(a) of
the Penal Code and 66(d) of the 2013 Telecommunications Law, to bring them into line with international
human rights law and standards.
Yours sincerely,
First UA: 147/19 Index: ASA 16/1340/2019 Myanmar Date: 5 November 2019
ADDITIONAL INFORMATION
Five members of the Peacock Generation—Kay Khine Tun, Paing Pyo Min, Paing Ye Thu, Zayar Lwin,
and Zaw Lin Htut—were arrested in April 2019 after they performed Thangyat, a traditional performing
art similar to slam poetry. They were wearing military uniforms and criticized the authorities. After
spending six months in detention, the five were convicted on 30 October of violating Section 505 (a) of
Myanmar’s Penal Code by making “statements conducing to public mischief” at Mayangon Township
Court in Yangon, Myanmar’s largest city, and sentenced to one year in prison.
For sharing photos, videos and livestreaming performance on Facebook, Zayar Lwin, Paing Pyo Min and
Paing Ye Thu also face charges under Section 66 (d) of the 2013 Telecommunications Law for “online
defamation” at Mayangon Township Court where the five members were convicted. An additional
member of the troupe, Su Yadanar Myint, also faces these charges.
Members of the troupe are facing the same charges in different townships because they were performing
in various townships around Myanmar’s new year water festival in April. All charges have been filed by
different military representatives (Lieutenant Colonels).
The Myanmar military continues to wield significant economic and political power in the country. It
operates independently of civilian oversight. Under Myanmar’s 2008 Constitution, the military also has
a guaranteed 25 per cent of seats in Parliament, giving it an effective veto over key constitutional
amendments. It also controls the three key ministries of Defence, Border Affairs, and Home Affairs.
Section 505 (a) of the Penal Code criminalises anyone who “makes, publishes or circulates any
statement, rumour or report,— (a) with intent to - cause, or which is likely to cause, any officer, soldier,
sailor or airman, in the Army, Navy or Air Force to mutiny or otherwise disregard or fail in his duty”, and
carries a maximum sentence of two years in prison. The provision is a “non-bailable” offence, and the
decision to grant bail rests with a judge. In this case, the judge denied their bail request. Section 66 (d)
of the 2013 Telecommunication Law carries a maximum two-year prison sentence.
Thangyat is a Myanmar traditional art form which fuses poetry, comedy and music, and is usually
performed during Myanmar’s New Year water festival in April and on other festive occasions. Public
performances of Thangyat were banned in 1989 by the military but were allowed again in 2013. In
March 2019, ahead of this year’s water festival festivities, authorities in Yangon required Thangyat
lyrics to be submitted to a government panel for approval.
The Myanmar authorities continue to arrest and imprison activists and human rights defenders simply
for peacefully exercising their right to freedom of expression, which is enshrined in Article 19 of the
Universal Declaration of Human Rights (UDHR). Amnesty International is concerned about a number of
laws in Myanmar that arbitrarily restrict the right to freedom of expression, including Section 505 of the
Penal Code and Section 66(d) of the 2013 Telecommunications Law.
Earlier this year, the military arrested filmmaker Min Htin Ko Ko Gyi under Section 505 (a) of the Penal
Code for making a series of Facebook posts criticizing the Myanmar’s military’s role in politics. Despite
his health concerns – he underwent a major surgery for liver cancer early this year – his bail request was
denied and he received a one-year prison sentence.
PREFERRED LANGUAGE TO ADDRESS TARGET: English
You can also write in your own language.
PLEASE TAKE ACTION AS SOON AS POSSIBLE UNTIL: 17 December 2019
Please check with the Amnesty office in your country if you wish to send appeals after the deadline.
NAME AND PREFFERED PRONOUN: Members of the Peacock Generation (they/them)