U Saw Wai, a renowned Burmese poet, writer, and performance artist, was charged in October 2019 under the controversial Section 505(a) of the Myanmar Penal Code. If convicted, he faces up to two years in prison for reciting a poem critical of the Burmese military’s control of the country’s government.

The current case against Saw Wai is not his first run-in with Burmese authorities. He has been censured numerous times for using art to combat the authoritarian control of Myanmar’s military junta, even serving a sentence of two years in prison from 2008 to 2010 for a poem which included a coded criticism of then-military leader Than Shwe.

On April 3, 2019, Saw Wai and other prominent human rights activists from Myanmar attended and spoke at a rally in the southern town of Kawthoung, where they demanded the passage of a constitutional amendment to sever the military’s close ties with the government. Saw Wai recited a new poem at the event, and led the audience in chanting a message of discontent with the powerful military junta.

It was not until October 2019 that charges were filed under Section 505(a) of the penal code, alleging that Saw Wai’s presence at the April rally led to action with the “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”. This particular law has been used with increasing frequency over the past several years to repress political opposition, notably also in the case of performance troupe Peacock Generation.

At a trial set to begin on January 20, 2020, neither Saw Wai nor the government’s plaintiff were in attendance. The Kawthoung Township Court nevertheless issued an arrest warrant for Saw Wai, despite the fact that he claimed a legal summons letter had never been sent to him.

Using the fact that not even the prosecuting attorney had appeared at the initial hearing, Saw Wai suggested that this very series of events was evidence enough that constitutional reforms to roll back the military’s power are urgent. He also said, “I only have my poetry as my weapon. I will fight with it. I will not surrender.”

By February 3, Saw Wai had appeared before a Township Court judge, and the warrant was cancelled. In fact, although bail is usually denied under Section 505(a), an exception was granted to Saw Wai based on his advanced age and poor health and he was released shortly thereafter.

Although Saw Wai remains free from government custody, his trial continues. Please join The Voice Project in calling on the Burmese government to immediately drop the charges against U Saw Wai, who has committed no crime in freely expressing his political opinions through poetry.