Wednesday, December 4, 2013

The Irrawaddy Magazine

The Irrawaddy Magazine


Mangroves in the Irrawaddy Delta Could Be Gone in a ‘Few Decades’

Posted: 04 Dec 2013 04:46 AM PST

A map produced by researchers at the National University of Singapore shows the decreasing proportion of the Irrawaddy Delta covered by mangrove forests between 1978 and 2011. (Credit: Webb et al 2013 / Global Environmental Change)

RANGOON — The mangrove forests of Burma's Irrawaddy Delta have been devastated by deforestation, and could be completely wiped out in the next few decades if nothing is done to save them, according to a new study.

The report from researchers at the National University of Singapore, published in the journal Global Environmental Change and posted online Nov. 21, employed satellite imaging to record the steady decline of the Irrawaddy Delta's mangrove forests from 1978 to 2011, and gave a pessimistic forecast for the forests' future.

It is estimated that half the world's mangrove forestshave been wiped out in the past six decades. Those remaining—largely in Southeast Asia, South America and Central America—are under increasing threat from deforestation.

Mangrove forests are an important habitat, a bulwark against coastal erosion and also help to minimize the effects of extreme weather events, such as the 2008 Cyclone Nargis that killed more than 130,000 people after making landfall in the Irrawaddy Delta.

The Irrawaddy Delta, also known as the Ayeyarwady Delta, hosts the country's largest area of mangrove forests and providesfertile farmland and fisheries to the local population, estimated to be 7.7 million people.

"The Delta is also one of Myanmar's key biodiversity areas, hosting some of the most floristically diverse mangroves in the world and more than 30 species of 'endangered' fauna,including the Ayeyarwady dolphin, estuarine crocodile, which numbers only [approximately] 100 individuals in the lower Ayeyarwady Delta, mangrove terrapin, sarus crane and numerous migratory bird species, including the critically endangered spoonbilled sandpiper," the report said.

The researchers conducted field trips and analyzed satellite imagery, concluding that the size of the Delta's mangrove forests shrank by 64.2 percent over the 33-year period, with much of the area now used by small-scale farmers to grow rice.

The report, titled "Deforestation in the Ayeyarwady Delta and the conservation implications of an internationally engaged Myanmar," estimated that the area of the Irrawaddy Delta covered by mangrove forests totaled some 2,623 square kilometers in 1978, but that figure had declined to just 938  square km by 2011. An average of 51 square km, or more than 3 percent of the forest was lost every year over the period.

Only the small protected area of the Meinmahla Kyun Wildlife Sanctuary and a few islands have survived untouched, the study found.

Following Cyclone Nargis, the United Nations Food and Agriculture Organization stated that if there were more mangroves in the Irrawaddy Delta intact, they would likely have reduced the impact of the 3.5-meter-high storm surge that tore through the Delta.

The new research paper claimed that just before the cyclone, the forest cover in the Delta was down to 933 square km, and that it had been reduced to 918 square km by the following year.

"Extensive flooding occurred during Cyclone Nargis, and on-the-ground observations and permanent plots noted extensive damage to some mangrove species, particularly in low-lying sites or areas that had already been severely degraded owing to fuelwood harvest and conversion to rice paddies," the report said. However, "some mangrove species were able to recover rapidly after the disturbance event," it added.

Deforestation in the area has slowed since a rapid period of forest loss in the 1990s, but the report's projections suggested that the remaining forest may not last long. Its most pessimistic forecast predicted the mangrove forest will be gone by 2019. At best, the report said, the forest will last until 2044.

"Business-as-usual deforestationscenarios suggest that most, if not all, of the unprotected Ayeyarwady mangroves will be lost in the next few decades at a ratefaster than other mangrove deforestation hotspots in the region, suchas the Mekong Delta from 1965–1995," it said.

The authors of the report warned that economic reforms in Burma since 2011, and the concurrent increase in interest from overseas investors, presented a new set of problems for the mangrove forests in the Delta. They pointed to agro-industrial companies taking an interest in the land for large-scale plantations—replacing forests with sugar for export, for instance.

"Thus, as seen in other developing countries, Myanmar's policy objectives to promote private enterprise and increase [foreign direct investment] may also facilitate the transfer of control and use of land, leading to a 'foreignisation of space' to investors from China,Thailand, and Malaysia," it said.

A report published last week by US-based research center Forest Trends warned that this process has already begun, with government-awarded economic concessions to local and foreign companies driving deforestation. Forest Trends' research found that concessions were on the rise, and that by mid-2013 the government had given firms a total of 2.1 million hectares (5.2 million acres) of land, much of it in heavily forested regions, for development into plantations.

Noting the success of the small Meinmahla Kyun Wildlife Sanctuary, the report from the National University of Singapore called for more protected areas in the Irrawaddy Delta and elsewhere. Only 6.3 percent of Burma's heavily forested land mass is currently protected, according to the World Bank, and current regulations to protect forests are poorly enforced.

"In the Delta, there is equally scope for community-based reforestation and forest management programs, which could rehabilitate mangroves and help to fulfill demand for fuelwood in the Delta, and substantial investment is expected for direct conservation funding to conserve coastal species and habitats," the report said.

Edward Webb, associate professor at the National University of Singapore's department of biological science and the report's lead author, told the Irrawaddy this week that more work was needed to uncover the underlying causes of deforestation in the Delta.

"Our paper shows that ultimately, mangroves have been converted to agriculture, suggesting what is the end use of the converted land," Webb said in an email, noting that small-scale farming seemed to be the "major driver of deforestation," albeit subsidized by the government in efforts to increase Burma's rice crop. "However the route to getting to rice agriculture may not be direct, and the causality of conversion is not certain—this means that we are a long way off 'solving the root of the problem.'"

Webb said the report's findings were likely being played out in other forested areas of Burma. "There are various threats to forests across the country, including agriculture, mining, and logging, along with hunting of wildlife which has severe long-term implications for forest health," he said.

"There does seem to be a lot more attention being paid to Myanmar as it experiences more international engagement. However we are very early in getting a clear understanding of the threats to forests, and how they vary across the country. This should be a top priority as the country continues on its path towards international engagement."

The post Mangroves in the Irrawaddy Delta Could Be Gone in a 'Few Decades' appeared first on The Irrawaddy Magazine.

Wary of Official Census, Burma’s Ethnic Minorities Count Their Own

Posted: 04 Dec 2013 04:40 AM PST

census, Myanmar, Burma, United Nations Population Fund, Shan, Karen, Mon, ethnic minorities, population, refugees

The questionnaire used during the Population and Housing Pilot Census in 2013. (Photo: Pyay Kyaw Myint / UNFPA)

RANGOON — Before the Burma government conducts a major census next year, ethnic minority groups are collecting their own data, saying they are wary of trusting population statistics from government leaders who in the past allegedly inflated the percentage of ethnic majority Burman people in the country.

Ethnic Shan and ethnic Mon organizations, representing two of Burma's biggest ethnic minority groups, say they have already started to conduct their own individual census efforts, with plans to finish early next year before the government census begins in March 2014.

"The Shan population is 9 percent of the total population, according to official data. We want to know the true amount," Sai Kyaut Tint, chairman of the Shan Real Population Collection Committee, told The Irrawaddy. "We will compare the Shan population data from the [government] census with the data that we collect."

The last official census in Burma was conducted in 1983. Thirty years later, the country's population size remains unknown, although government estimates put it at about 61 million in 2011, compared to an estimation of 50 million people by the World Bank.

The government, which is dominated by the Burman majority, recognizes eight major ethnic minority groups in the country and 135 subgroups. An estimated 40 percent of the population is an ethnic minority, with Shan representing the biggest minority group. Karen represent the second largest, at 7 percent of the population, followed by Arakanese at 3.5 percent, Mon at 2 percent, Kachin at 1.5 percent and Kayah at 0.75 percent, according to government figures.

But ethnic minorities have accused the government of pressuring people in the past to identify as Burman, including on government-distributed national identity cards, to justify the dominance of Burman officials in government. Some ethnic minorities say that in order to secure an identity card, they were forced to officially change their names to sound more Burman.

The Shan Real Population Collection Committee plans to conduct its own census in all areas of the country where Shan people live, including in Rangoon, the country's commercial capital. "We can expect an ethnic minister for Rangoon Division if we have 0.1 percent of the total [divisional] population," Sai Kyaut Tint said.

Mon groups are also counting the number of Mon residents in Rangoon.

In the government census next year, census forms will be distributed to rebel-held areas in Mon State and Karen State, with cooperation from the New Mon State Party (NMSP) and the Karen National Union (KNU), which have signed ceasefires with the government after decades of civil war.

After a pilot test, some areas in Shan, Mon and Karen states have asked for local residents to serve as data collectors in the official census.

"We have translated the questionnaire in Poe Karen [language], in addition to another 12 languages including Myanmar [Burmese]," said Win Myint, a program specialist at the United Nations Population Fund (UNFPA), which is working with the government on the census. He was speaking at a meeting on Tuesday at the Karen Women's Action Group office in Rangoon. "You can self-identify on the ethnicity question, choosing from the official 135 ethnic codes or a special code for all other groups in Myanmar, regardless of eth ethnicity listed on the national identity card."

Activists say campaigning will be required to urge the Ministry of Immigration and Population to correct the ethnic information on national identity cards. This will likely take a long time, says Nan Khin Aye Oo, a program adviser for the Karen Women's Action Group.

But the promise of change is raising hopes.

"We need exact data for the census. It is not related with elections or politics," said Susanna Hla Hla Soe, a prominent Karen activist who is representing civil society groups as a member of an advisory committee for the government's census office.

In addition to their own population counts, ethnic minority groups are working with the UNFPA on a campaign to raise awareness about accurately listing their ethnic identities for the government census, which will be used for development planning.

"We have been holding community workshops to remind the Mon population in Rangoon to identify as the correct ethnic race in the coming 2014 census," said Nai Soe Aung, project director of the Rangoon-based Mon Population Data Project.

Unlike the government census three decades ago, the government census next year will be computerized, with questionnaires produced in the United Kingdom that can be scanned. A separate questionnaire will be used for people who live with institutions, such as soldiers in the army, officers in the police force, patients in hospitals and permanent hotel residents.

The census will begin on March 29 and is expected to cost an estimated US$60 million. The data collection will take 12 days, with face-to-face interviews to ensure proper data collection.

Internally displaced persons (IDPs) will be invited to participate. Migrant workers and refugees living outside the country will not be counted.

"All persons in the country will be counted, including IDPs," Petra Righetti, who is working on census efforts with the UNFPA. "If a refugee is in Thailand, they will not be counted in the Myanmar [Burma] census. However, there is a census question that asks how many family members are living outside the country."

She added that Burmese refugees in Thailand are counted in the Thai census.

Most refugees in Thailand and most internally displaced people in Burma are ethnic minorities. Many fled from the country or were displaced from their homes during decades-long conflicts between the government and ethnic rebel groups fighting for greater autonomy.

The post Wary of Official Census, Burma's Ethnic Minorities Count Their Own appeared first on The Irrawaddy Magazine.

Burma Authorities to Resettle Displaced Muslims in Meikhtila

Posted: 04 Dec 2013 04:33 AM PST

Meikhtila, Myanmar, Burma, Muslim, Buddhist, Rohingya, Meiktila

A Muslim girl in Meikhtila cries as she is taken to a temporary shelter during an outbreak of violence in March. (Photo: Tay Za Hlaing / The Irrawaddy)

RANGOON — Local authorities are preparing to resettle hundreds of Muslims displaced by inter-communal violence in March between local Buddhists and the Muslims in Meikhtila Township, Mandalay Division, according a state-run newspaper.

Muslim neighborhoods of Meikhtila were razed to the ground during the violence. Authorities say Muslims made up the majority of the 7,845 people who have since been living in temporary camps outside the town.

A report in the New Light of Myanmar on Tuesday said the government will provide plots of land or apartments to resettle about 400 Muslim victims of the violence.

The report was unclear on the details of the resettlement plan, but said a coordination meeting was held at the end of last month among the government authorities to decide what to do with the displaced people.

The report did say specifically that those at the meeting—including Mandalay Division's Planning and Economic Minister Aung Zan, as well as district and township officials—agreed that a first round of plots measuring 40 by 30 feet would be given to 93 people. Another 77 fire victims would later get plots and 193 "victims who have no guarantee" would be provided residential quarters.

Violence between local Buddhists and Muslims broke out in Meilktila on March 20 following bouts of violence in Arakan State between Arakanese Buddhists and the stateless Rohingya Muslim minority last year, which left 192 people dead and 140,000 people displaced.

In Meikhtila, 1,594 houses were burned down in Chanayethaya Ward, according to the New Light of Myanmar report, sending people into five relief camps. About 40 people were killed and 60 injured, and about 30 people, both Buddhist and Muslims, were sentenced by a court in Meikhtila in July for the violence.

Win Htein, a National League for Democracy (NLD) member of Parliament for Meikhtila, said the displaced people were being resettled in the same area they were displaced from. He said the resettlement was overdue, and would begin this month.

"I have been telling the government for a long time to let them return their homeland. I feel it's late already as they have had to stay in the camps for a long time," said Win Htein.

He insisted the atmosphere in the town was much improved since the violence and that Buddhists and Muslims would not clash again.

"The current situation is getting better, it's a lot better than before," Win Htein said. "There will be no problem with their return."

Maung Maung, a Muslim from Meikhtila, who was displaced by the violence in March and is now in Rangoon, told The Irrawaddy that all the victims wanted to go back as soon as possible.

"The majority of our people want to go back to their homeland," he said, adding that many were concerned they would be resettled in a new place without being consulted.

"They are still checking people who have title paper for their own land. So, as far as I know, we will return to our homeland," said Maung Maung. "People are saying that they are happy if they can go back to their homeland, even if they can only build small hut to stay in."

Ko Phyo, a Buddhist resident of Meikhtila, said that the Buddhist population of the town was concerned by the resettlement.

"Our residents are worried that it is going to cause more violence. They are the people who started problem first, but when the locals [Buddhists] reacted, events went out of control," he said, adding that the deaths of monks during the violence had caused escalation.

"This is big problem. The local people were outraged and lost control in their reaction," said Ko Phyo.

He also claimed the resettlement would be problematic because displaced Muslims had been opportunistic. "We heard that some families asked for three plot of land, even though they only had one family home in the past," he said

However, some Muslim families have already returned to their land in Meikhtila, and visitors report that the situation is stable.

Hajj Kyaw Khin, a Muslim has donated to the Muslim victims of the Meikhtila violence, said resettlement would help the area to be return to normal.

"It is good if the people could return to their homeland because I found there that they express the feeling that they wanted to return back," he said. "Many people have no job and don't have enough food because they have to stay in the camps."

The post Burma Authorities to Resettle Displaced Muslims in Meikhtila appeared first on The Irrawaddy Magazine.

Rangoon Planning Committee Wants Public Access to Riverfront

Posted: 04 Dec 2013 04:04 AM PST

Myanmar, Burma, Yangon, Rangoon, heritage, conservation, urban planning

A slide from a presentation on Rangoon's proposed zoning plan shows the city's central business district, which is designated mostly as "mixed use" (pink areas on the map) and "heritage" (brown areas). (Credit: YCDC)

RANGOON — In order to get a sight of their city's river, residents of Burma's commercial capital currently cram into a few jetties where they can take morning exercise or evening walks. But soon, they may have more space.

That is if the city's committee working on urban planning gets its way.

During a public forum Tuesday, Rangoon's Comprehensive Land Use, Zoning and Urban Design Review Working Committee proposed that a public space along Rangoon's riverfront be created to improve quality of life for residents.

Committee member Hlaing Maw Oo, director of the Ministry of Construction, said that most of the area along the city's Hlaing River, also known as the Rangoon River, should be designated as "green space" and called for at least 25 feet (8 meters) of space along the waterfront to be reserved for public recreation.

"We don't ask very much, just at least 25 feet for the public," she said.

According to a map distributed at the public forum, a strip of the riverfront at least three-miles long is proposed as a "Green and Blue Zone," punctuated with smaller areas demarcated for "waterfront special development." In most of the development zones along the river, buildings up to three stories high will be permitted, as long as the view of the Shwedagon Pagoda from the river is preserved.

"It's a big step forward," said Thant Myint-U, founder of the Yangon Heritage Trust (YHT), noting that the Burma government has never consulted the public on such decisions in the past.

"Our main idea is to let people have as much access as possible to the waterfront area," he said. At present access to the river is limited to the Pansodan and Botahtaung jetties, which have become popular hangouts for locals.

Initiated by Yangon City Development Committee (YCDC), Rangoon's municipal body, the working committee has been discussing its plan for land use and zoning for a year.

The working committee was approved by the city's mayor and is made up of ten experts from YCDC, the Ministry of Construction's department of human settlements and housing development, YHT, Mandalay Technological University, the Association of Myanmar Architects (AMA) and the Japan International Cooperation Agency (JICA).

According to the proposed land-use and building height zoning plan, Rangoon will have 11 types of "zone," each with their own respective restrictions on the height to which new buildings can be constructed.

For example, in 19 "Mixed Use" zones in the downtown area (between Lanmadaw Road and Theinbyu Road)—which have both commercial and residential buildings—new developments will be restricted to six stories.

Some areas just north of the central business district will a 16 stories, while in areas along Prome Road buildings up to 20 stories will be allowed.

In other "heritage zones," in particular areas of downtown containing colonial-era architecture, construction will be even more restricted.

In the vicinity of the Shwedagon Pagoda, building heights will be restricted to between 62 and 78 feet, while in nearby areas toward downtown, buildings must be less than 190 feet.

"We will use this plan when we consider whether to allow high-rise buildings or not," said Toe Aung, deputy head of YCDC's city planning and land administration department. "But for the time being, we have to wait for public feedback on the plan."

He said the committee will wait about a month for suggestions from the public before it submits the plan to the Rangoon Division Government for approval.

The post Rangoon Planning Committee Wants Public Access to Riverfront appeared first on The Irrawaddy Magazine.

Questions Arise Over Workers’ Future in Dawei

Posted: 04 Dec 2013 02:31 AM PST

Dawei, special economic zone, investment, Myanmar, Burma, business, Thailand, Italian-Thai Development Plc

Burma's deputy minister for social welfare, relief and resettlement, Phone Swe, speaks on the sidelines of a press conference in Rangoon about efforts to help workers who lost their jobs at construction projects at the special economic zone. (Photo: Kyaw Hsu Mon / The Irrawaddy)

RANGOON — Thai and Burmese workers at the Dawei special economic zone (SEZ) are facing unemployment as massive construction projects were this month temporarily suspended.

Projects by the Italian-Thai Development Plc (ITD) were halted at Dawei by the Burma and Thai governments until after a due diligence assessment can be carried out. The suspension came as both governments decided to take control of the SEZ from ITD, which had struggled to raise enough private capital. With the change, other foreign investors will be invited to help develop the strategic complex that is expected to operate as a deep-sea port, petrochemical and heavy industry hub in southeastern Burma.

With ITD potentially swept aside until April next year, when the due diligence assessment is expected to be completed, an estimated 1,200 Burmese workers will be affected, according to labor leaders. The government plans to meet with workers on Saturday to discuss plans moving forward. In the meantime, the deputy minister for social welfare, relief and resettlement, Phone Swe, spoke with The Irrawaddy about possible solutions on Monday, on the sidelines of a press conference about the Dawei SEZ in Rangoon.

Question: How will the Burmese government help local workers who recently lost their jobs on ITD projects at the Dawei SEZ?

Answer: I am asking township administration officers in Tanintharyi Region [Tenasserim Division, where Dawei is located] to determine how many workers were involved in this project—a detailed figure—because local workers are facing difficulties. Then I will allow these officers to submit suggestions about what we need to do to help them. Then we will get involved.

Q: If workers came to the Dawei site from other villages, is it true the government will arrange to transport them back home?

A: We must do it, if necessary, because they are Burmese. If they want to search for other employment or continue working there [in Dawei], they may stay. But if they want to go back home, we will discuss in greater detail how we can send them back. Because this problem arose so quickly, we still need to find a solution.

Q: Can you begin to help the Burmese workers before receiving detailed information?

A: We can't do anything without solid information.

Q: Does the Burma government plan to negotiate the salaries for workers at the Dawei SEZ in the future? Thai workers reportedly earned more than Burmese workers in the past.

A: We will respect their labor rights. They can have equal labor rights in the future.

Q: As you said during the press conference, the number of villages displaced by the SEZ has been decreased, from 16 villages originally to six villages, according to the most recent plans. Have displaced residents already received compensation?

A: We have not yet provided compensation to people in the six affected villages. At previous locations, compensation was provided earlier for 8,000 acres of a total 50,000 acres.

Q: Who will be responsible for providing the rest of the compensation?

A: We still have no idea. Either ITD or SPV-1 [Special Purpose Vehicle-1, a public company organized by the Thai and Burma government for the Dawei SEZ]. If SPV-1 is going to provide compensation, we, the government, will be responsible for some of the compensation. Small light industry projects will also be starting in Dawei, and I do not know whether the groups responsible for those projects will provide compensation phase by phase.

Q: What assurances can the government give to residents from the six villages who have not received compensation yet but will be affected by the SEZ?

A: Most of the land owners own rubber and cashew nut farms. They can continue working as usual before they receive compensation.

The post Questions Arise Over Workers' Future in Dawei appeared first on The Irrawaddy Magazine.

Burma to Host Historic International Women’s Forum

Posted: 03 Dec 2013 10:59 PM PST

women, Burma, Myanmar, women's empowerment, France, Rangoon, investment, Aung San Suu Kyi

Aung San Suu Kyi visits a traditional hand weaving course organized by women members of her National League for Democracy (NLD) party in this photo from October 2011 .The Burmese democracy icon is expected to attend a major international women's forum in Rangoon on Friday. (Photo: The Irrawaddy)

RANGOON — Burma is preparing to host a high-level international women's forum, with democracy icon Aung San Suu Kyi set to attend along with International Monetary Fund managing director Christine Lagarde and other prominent leaders.

The two-day Women's Forum for the Economy and Society, organized in part by the French Embassy with support from the Burma government, is set to begin on Friday in Rangoon. Participants will examine a number of social and economic issues from women's perspectives as Burma continues to transition from military dictatorship toward a more democratic system.

The event is expected to draw over 400 Burmese and international participants, including high-profile leaders from government, politics, business and civil society, according to organizers.

"In a society like Myanmar [Burma], where every kind of parameter from health and education to electricity and telecoms is poised for a blaze of change, women's creativity and resilience will be vital to carry through successful transformation," VĂ©ronique Morali, president of the Women's Forum for the Economy and Society, said in a statement. "No sustainable social change is possible without the inclusion of women's voices."

Based in Paris and founded in 2005, the Women's Forum is a subsidiary of Publicis Groupe, a French multinational advertising and public relations company. A global Women's Forum meeting is held annually in France, while smaller forums are organized in other countries, with an event planned for Brazil next year and hopes to establish a forum in the Middle East.

Topics on the agenda in Rangoon will include responsible investment, as Burma attempts to attract foreign investors after decades of international isolation, as well as the role of women in peacebuilding, while the government seeks to consolidate ceasefires and end long-running insurgencies in border states. Discussions will also focus on challenges in reforming the country's health care sector and education system, and efforts to promote freedom of expression as the government loosens its grip over the media.

Burmese Minister of Social Welfare Myat Myat Ohn Khin will be in attendance, along with French Minister of Culture and Communication Aurélie Filippetti.
Other prominent Burmese participants will include Aung Tun Thet, a member of President Thein Sein's National Economic and Social Advisory Council and the Myanmar Investment Commission; Khin San Yee, deputy minister of national planning and economic development; and Thein Thein Htay, deputy minister of health. Lawmakers, government officials and activists from Cambodia, Nepal, the Philippines and Bangladesh will also attend, as well business leaders including Christophe de Margerie, chief executive of French oil and gas giant Total.

Earlier this year, Burmese activists called for greater legal protections during another women's forum in Rangoon. The Myanmar Women's Forum in September was a lower profile event internationally but historic for Burma, as it was the first women's forum in the country to be organized in cooperation from ethnic minority women both inside and outside the country.

In October the Burma government launched a national strategic plan to empower women, suggesting practical ways to address challenges over the next decade in a dozen priority areas, including initiatives to improve access to education and health care as well as the development of better laws to eliminate gender-based violence.

Despite the international reputation of Suu Kyi, who rose to prominence as a leader of Burma's struggle against military rule, few women have won seats in the country's Parliament. About 95 percent of lawmakers are male, and women in the country continue to face major barriers to employment, education and health care.

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Thai Violence Eases Ahead of King’s Birthday

Posted: 03 Dec 2013 10:46 PM PST

A woman defies police near the government offices in central Bangkok. (Photo: Steve Tickner / The Irrawaddy)

BANGKOK — Protesters intent on toppling Thailand's democratically elected prime minister plan to press their struggle again Wednesday with a peaceful march on Bangkok's national police headquarters, one day after a sudden truce in honor of the king's birthday this week ended a spate of increasingly fierce street fighting.

The pause in violence came suddenly Tuesday, when Prime Minister Yingluck Shinawatra ordered police to end their resistance against masked mobs who had begun attacking their positions beside her office compound with homemade rocket launchers and petrol bombs.

The move was timed to coincide with celebrations of the king's birthday this week, a holiday that holds deep significance in the Southeast Asian nation. It was widely seen as offering demonstrators a face-saving way out of a crisis that has killed four people and wounded more than 256 since the weekend.

But protest leader Suthep Thaugsuban vowed to keep up what has become an audacious struggle to overthrow Yingluck and keep her brother, deposed former Prime Minister Thaksin Shinawatra, from returning to power.

"You can rest assured that this is a victory that is only partial … because the tyrannical Thaksin government endures," Suthep said.

He said that after a Thursday truce, "our battle" will begin again early Friday.

Yingluck's rivals accuse her of being a puppet of Thaksin, who was ousted in a 2006 military coup and lives in Dubai to avoid a corruption conviction he says was politically motivated. His overthrow touched off a societal schism that has plagued Thailand ever since.

In broad terms, the conflict pits a poor rural majority which largely backs the Shinawatra family against an urban-based elite. The latter camp draws support from the army and staunch royalists who see the Shinawatras, who have won over rural voters with populist policies designed to benefit them, as a corrupt threat to their business interests and the monarchy.

Protesters argue that Yingluck came to power through her billionaire brother's money and vote-buying, charges the ruling party denies. Suthep insists Yingluck must cede power to an unelected council, but Yingluck has rejected that demand, which many political observers and Thai academics say is absurd and a threat to the country's nascent democracy.

Yingluck's Pheu Thai party was elected with an overwhelming majority in 2011 and is currently unbeatable at the polls.

Last month, tensions boiled after the ruling party tried to ram an amnesty bill through Parliament that critics said was mainly designed to bring Thaksin back.

Protesters seized several government ministries and offices last week, and by Sunday they were trying to smash through concrete barriers surrounding Government House, where Yingluck's office is located. They fired homemade rocket launchers and petrol bombs at police, who riposted with tear gas, water cannons and rubber bullets.

But suddenly, early Tuesday, police lowered their shields and walked away from their heavily fortified positions. Bewildered protesters who had been fighting just moments before began climbing over rows of overturned concrete blast walls.

Shortly afterward, thousands of jubilant demonstrators waving the red, white and blue Thai flag swarmed across the grassy lawn of Government House, snapping photos of themselves with cellphones and screaming "Victory belongs to the people!" Yingluck was not there at the time.

About 20 soldiers and police guarded a door into Yingluck's offices, and protesters did not try to enter. After an hour of speeches and cheering, they all filed back out systematically—a highly organized exit which fueled speculation that a deal—at least for now—had been struck behind closed doors between the two sides.

Yingluck and said police had been ordered to avoid clashes so people could peacefully celebrate the birthday of ailing King Bhumibol Adulyadej, who turns 86 Thursday.

Bhumibol is a constitutional monarch with no formal political role, but he is considered the country's moral authority and a unifying figure. Violence on the day of his birth would be a major sign of disrespect.

Associated Press writers Jocelyn Gecker, Grant Peck, Papitchaya Boonngok and Raul Gallego Abellan contributed to this report.

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US Veteran Detained in North Korea Oversaw Guerrilla Group

Posted: 03 Dec 2013 09:43 PM PST

North Korea, South Korea, Merrill Newman, guerilla

US citizen Merrill Newman puts his thumbprint on a piece of paper, after being taken into custody by North Korea, at an undisclosed location in this undated photo released by North Korea’s Korean Central News Agency (KCNA) in Pyongyang on Nov. 30, 2013. (Photo: Reuters)

SEOUL — An 85-year-old US veteran being held in North Korea spent his war years there in one of the Army's first special forces units, helping a clandestine group of Korean partisans who were fighting and spying well behind enemy lines.

Now South Koreans who served with Merrill Newman, who is beginning his sixth week in detention, say their unit was perhaps the most hated and feared by the North and his association with them may be the reason he's being held.

"Why did he go to North Korea?" asked Park Boo Seo, a former member of unit known in Korea as Kuwol, which is still loathed in Pyongyang and glorified in Seoul for the damage it inflicted on the North during the war. "The North Koreans still gnash their teeth at the Kuwol unit."

Some of those guerrillas, interviewed this week by The Associated Press, remember Newman as a handsome, thin American lieutenant who got them rice, clothes and weapons during the later stages of the 1950-53 war but largely left the fighting to them.

Newman was scheduled to visit South Korea to meet former Kuwol fighters following his North Korea trip. Park said about 30 elderly former guerrillas, some carrying bouquets of flowers, waited in vain for several hours for him at Incheon International Airport, west of Seoul, on Oct. 27 before news of his detention was released.

Newman appeared over the weekend on North Korean state TV apologizing for alleged wartime crimes in what was widely seen as a coerced statement.

Park and several other former guerrillas said they recognized Newman from his past visits to Seoul in 2003 and 2010—when they ate raw fish and drank soju, Korean liquor—and from the TV footage, which was also broadcast in South Korea.

Newman's family has not been in touch with him, but he was visited at a Pyongyang hotel by the Swedish ambassador, his family said in a statement, and he appeared to be in good health, receiving his heart medicine and being checked by medical personnel.

His family hasn't responded to requests for comment on his wartime activities. Jeffrey Newman has previously said that his father, an avid traveler and retired finance executive from California, had always wanted to return to the country where he fought during the Korean War.

Newman served in the US Army's 8240th unit, also known as the White Tigers, whose missions remained classified until the 1990s.

His military records obtained through a Freedom of Information Act request show he served on active duty from September 1950 until October 1953, much of it in Korea, then he was a reservist for nearly four years.

The records show Newman reached the rank of first lieutenant when discharged and had received several medals including a Korean Service Medal with two bronze service stars.

After attending officer candidate school, documents show he quickly rose from platoon leader to executive officer, then company commander. He is also listed as completing an infiltration course. In 1953, he was sent to study at military intelligence school before returning as an infantry unit commander. He was qualified in various weapons including 75 mm rifles and carbines.

Retired Col. Ben Malcom said he served in Newman's unit during a different period and didn't know him. But he later wrote a book about their work detailing how the US supplied weapons, ammunition, food and American advisers to an anti-communist guerrilla force in North Korea. He said some were outfitted with North Korean military uniforms complete with weapons and identification cards to work as spies. Others were trained as paratroopers.

Malcom said his openness about the unit's work during the war, including a book, a History Channel documentary and many interviews, would preclude him from even considering visiting North Korea.

"I would never go back to North Korea," he said. "They know me."

But another veteran from the unit, Mickey Parrish, 83, in Jacksonville, Florida, who also didn't remember Newman, said he didn't think that their service in what was the Army's first special forces unit 60 years ago would be cause for additional concern if visiting North Korea.

"There's no animosity as far as I am concerned, and I would hope there would be none on their end," Parrish said.

In his televised statement, Newman said he trained guerrillas whose attacks continued even after the war ended, and ordered operations that led to the death of dozens of North Korean soldiers and civilians. He also said in the statement he attempted to meet surviving Kuwol members.

The former guerrillas in Seoul also said Newman served as an adviser, but that most of the North's charges were fabricated or exaggerated. They have a book that includes a photo of Newman and his signature by the words "proud to have served with you."

Newman oversaw guerrilla actions and gave the fighters advice, but he wasn't involved in day-to-day operations, according to the former rank-and-file members and analysts. He also gave them rice, clothes and weapons from the US military when they obtained key intelligence and captured North Korean and Chinese troops. All Kuwol guerrillas came to South Korea shortly after the war's end and haven't infiltrated the North since then, they say, so there are no surviving members in North Korea.

"The charges don't make sense," said Park, 80.

In the final months of the war, Newman largely stayed on a front-line island, living in a small wooden house, said Park Young, an 81-year-old former guerrilla.

"He ate alone and slept alone and lived alone," said Park, one of 200 guerrillas stationed on the Island.

Their accounts are backed up by a US Army research study declassified in 1990 that found when the US 8th Army retreated from the Yalu River separating North Korea and China in late 1950, some 6,000 to 10,000 Koreans initially declared their willingness to fight for the United States.

Former Kuwol fighters claim to have killed 1,500 North Korean soldiers and captured 600 alive. About 1,270 Kuwol members perished during the war, according to surviving unit members.

The guerrillas aren't alone in questioning Newman's trip to North Korea.

"The South Korean partisans were possibly the most hated group of people in the North, except for out-and-out spies and traitors from their own side," said University of Chicago history professor Bruce Cumings in an email.

But analyst Cho Sung-hun with the state-run Institute for Military History Compilation in Seoul said it's "not weird" for war veterans to try to visit former battle grounds before they die.

Cho, who interviewed Newman in 2003 for a book on guerrilla warfare during the Korean War, described him as a "gentle American citizen" and said North Korea should not trigger a new source of tension with his detention.

North Korea has detained at least seven Americans since 2009 and five of them have been either released or deported. Korean-American missionary and tour operator Kenneth Bae has been held for more than year.

The post US Veteran Detained in North Korea Oversaw Guerrilla Group appeared first on The Irrawaddy Magazine.

As Cameron Visits, China Paper Criticizes Britain

Posted: 03 Dec 2013 09:33 PM PST

China, UK, Britain, Cameron, Beijing, Global Times

Britain's Prime Minister David Cameron stands before a painting before a signing ceremony at the Great Hall of the People in Beijing Dec. 2, 2013. (Photo: Reuters)

BEIJING — With British Prime Minister David Cameron in the country on an official visit, a Chinese state-run newspaper on Tuesday labeled Britain a fallen great power worthy now only as a destination for tourists and students.

The Global Times editorial appeared as Cameron emphasized the potential for increased trade and investment during a visit to the financial hub of Shanghai.

Cameron is leading Britain's largest trade mission to China, with more than 100 leaders from business, education, and cultural fields, along with six government ministers.

During his time in Beijing, Cameron oversaw the signing of agreements in areas including space exploration and football training, and voiced support for a deal to free up trade between China and the European Union, China's largest trading partner. Such a deal could be worth up to 1.8 billion British pounds (US$2.95 billion) a year to the British economy, the UK government says.

The Global Times also took Cameron to task for comments backing expanded democracy in former British colony Hong Kong, and said Britain is colluding with France and Germany to provoke China over the Dalai Lama. Cameron's visit was originally scheduled for last year, but was postponed by China after he met with the exiled Tibetan spiritual leader, who is reviled by Beijing.

"We've discovered that Britain is easily replaceable in China's European foreign policy," said the editorial in the newspaper's Chinese edition. "Moreover, Britain is no longer any kind of 'big country,' but merely a country of old Europe suitable for tourism and overseas study, with a few decent football teams."

China would respond in kind to all perceived diplomatic slights, the editorial said, adding that "in conclusion, we wish Prime Minister Cameron and his delegation a pleasant visit to China."

The editorial's sneering tone was typical of the strain of belligerent nationalism identified with the newspaper, published by the ruling Communist Party's official People's Daily. A similar editorial in the newspaper's English edition called Britain "just an old European country apt for travel and study."

Following talks with Chinese Premier Li Keqiang and President Xi Jinping, Cameron flew to Shanghai on Monday night for further meetings and to speak at a university. His trip is to conclude Wednesday in the southwestern city of Chengdu.

The trade deals signed had been in the works for months or years, and British business and Cameron's government had been anxious to finalize them. That was partly because of concerns that Britain was being less active in courting business with the world's second largest economy than rivals France and Germany.

Cameron's schedule underwent a number of last-minute changes and an expected news conference in Beijing was scrapped.

There were few signs of lingering political tensions, although Cameron's staff protested the exclusion from an event Monday at the Great Hall of the People of a British reporter for the US financial news agency Bloomberg, which has fallen afoul of Beijing over some of its reporting.

Chinese Foreign Ministry spokesman Hong Lei said the reporter, Rob Hutton, had been excluded in order to give priority to journalists from China and Britain.

The post As Cameron Visits, China Paper Criticizes Britain appeared first on The Irrawaddy Magazine.

Democratic Voice of Burma

Democratic Voice of Burma


RNDP Chairman, 10 others released on bail

Posted: 04 Dec 2013 05:24 AM PST

Eleven Arakanese nationalists, including a chairman of the Rakhine Nationalities Development Party (RNDP), who were detained in connection with the ethno-religious violence that broke out in October, have been released on bail.

Maung Pu, the Sandoway [Thandwe] township chairman of the RNDP, said he and the 10 other members of the nationalist group Organisation to Protect Race and Religion have been released on bail after being detained for two months in Sandoway and Kyaukphyu prisons.

"We were charged under Article 505(c) *, which allows for release on bail. Since the charges were brought by the police, it was assumed there was no need to worry about us going back to harass the [prosecutors]. We were residents actively working in the interest of the town; it's not likely we will skip bail, so it was granted," said Maung Pu.

The eleven men are still awaiting trial for two separate charges. Maung Pu maintained his innocence and said he will fight the charges but remain within the boundaries of the law.

More than 90 people were arrested in connection with the riots that broke out in Sandoway in early October, which left at least five dead and about 120 families homeless.

Pe Than, a Central Executive Committee member of the RNDP, said Maung Pu and the nationalist group members were made scapegoats due to "pressure from above".

The riots broke out during President Thein Sein's first visit to restive Arakan state since the initial outbreak of riots between Muslims and Buddhists erupted in the region in June 2012.

The ensuing rash of violence has since spread to several parts of Burma and has overwhelmingly affected Muslims, particularly the stateless Rohingya community. More than 240 people have died as a result of the ongoing outbreaks of violence, including a 94-year old woman murdered in central Burma.

While foreign heads of state, human rights groups and the United Nations Special Rapporteur on Human Rights in Myanmar, TomĂ¡s Ojea Quintana, have all issued warnings to the Burmese government that their failure to contain ethno-religious conflict may threaten democratic development, the number of prosecutions related to the riots remains unknown.

* Burmese penal code Article 505:

Whoever 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 as such; or

(b) with intent to cause, or which is likely to cause, fear or alarm to the public or to any section of the public whereby any person may be induced to commit an offence against the State or against the public tranquility; or

(c) 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,

shall be punished with imprisonment which may extend to two years, or with fine, or with both.

Thein Sein arrives in Manila for trade talks with Aquino

Posted: 04 Dec 2013 03:33 AM PST

Burmese President Thein Sein arrived on Wednesday in the Philippines where he is set to hold a bilateral meeting with President Benigno Aquino III at Malacanang Palace.

The two leaders will meet on Thursday to discuss "trade and investment, agriculture, energy, cultural exchanges and information cooperation," according to a statement on the official website of the Philippine President.

The statement says that they are expected sign several Memoranda of Understanding, notably including visa exemptions for Burmese and Filipino ordinary passport holders traveling between the two ASEAN countries.

The meeting will also be attended by representatives of commerce and industry ministries from both countries, in efforts to improve trade and business opportunities.

Discussions are also expected to cover Burma's role in relief efforts following the devastating Typhoon Yolanda, which killed over 5,200 people and wiped entire cities off the map in the central Philippines last month.

Thein Sein is scheduled to visit some of the disaster-struck areas during his three-day visit.

While this is the first trip to the Philippines by a Burmese head of state since 2005, and Thein Sein's first since he entered office in 2011, Aquino and Thein Sein met earlier this year in Naypyidaw during the World Economic Forum on East Asia.

Lagarde, Suu Kyi head line-up at women’s forum in Rangoon

Posted: 04 Dec 2013 03:14 AM PST

The Women’s Forum for the Economy and Society, which describes itself as the "world’s leading platform featuring women’s views and voices on major social and economic issues," is hosting its inaugural conference in Rangoon on Friday and Saturday (6- 7 December). The meeting will be the third Forum event this year, with others previously held in France and Brazil.

The Forum, a subsidiary of French advertising and public relations conglomerate Publicis Group, has partnered with the French Embassy and 13 corporate sponsors – including Pepsico, Total, Accor and Sanofi – to conduct the event. Panel discussions will address the role of women in Burma's economic and political opening, touching on issues including responsible foreign investment, entrepreneurship and peacebuilding.

A litany of high-profile speakers are expected to be in attendance, including Aung San Suu Kyi and the International Monetary Fund's managing director, Christine Lagarde. More than 40 business, academic and civil society opinion leaders from Burma, the region, and further afield are scheduled to partake in 15 panel discussions over the two days.

French companies account for a disproportionate number of the Forum's corporate sponsors. Christophe de Margerie, the CEO of Total S.A, one of the world's six "superpower" oil companies, is scheduled to participate in a panel discussion on responsible investment along with noted financial journalist Gwen Robinson and Michael Issenberg, Chief Operating Officer for the Asia-Pacific of Accor Hotels. Accor's first venture in Burma, a five-star Novotel hotel in partnership with Burmese tycoon Zaw Zaw's Max Myanmar group, is currently under construction in Rangoon's Kamaryut township. Zaw Zaw's sprawling corporate empire remains subject to US targeted sanctions, but he is free to do business with European firms after the last EU sanctions were lifted in April.

Total is the single largest Western investor in Burma. Its presence in the country dates to 1992 when it broke ground on the Yadana offshore gas project and pipeline in southern Burma with its American partner Unocal, which was subsequently bought by Chevron in 2005. After the imposition of EU and US sanctions in the late 1990s, its investment in Burma was one of very few "grandfathered" through, and its operations were allowed to continue.

In 1997, a group of ethnic Karen villagers took Unocal to court in the United States, alleging the venture was complicit in "forced relocation, forced labor, rape, torture and murder" during the pipeline's construction, resulting in an out-of-court settlement.

Aung San Suu Kyi gave Total her blessing in 2012, calling the firm a "responsible investor in Burma", but in May the company became embroiled in a bribery scandal involving Iranian officials, landing it nearly US$400 million in fines to the United States and France.

The for-profit forum is not the only event of its type to have been held in Rangoon this year, with an unrelated, civil-society-led Women's Forum occurring in Rangoon in September. Jointly led by the formerly exiled Women's League of Burma and the Women's Organizations Network, the three-day forum attracted some 400 participants, and called for the release of female political prisoners and greater legal protections for women.

 

Burma strikes first gold

Posted: 04 Dec 2013 02:18 AM PST

The first gold medal of the 27th SEA Games has been awarded to the Burmese women's chinlone team after it won a deserved victory over Thailand in the final in Naypyidaw on Wednesday afternoon.

The men's final is due to take place at 5pm local time with Burma again highly tipped to win at the country's national sport.

Read more: http://www.dvb.no/news/burma-looks-to-capture-hearts-and-medals-with-chinlone-myanmar-2/34892

Meanwhile, tickets for all the Group B matches of the SEA Games men's football tournament have been sold out.

Hosted in Rangoon, tickets for the 10 group stage matches – involving Burma, Indonesia, Thailand, Timor Leste and Cambodia – went on sale on Monday and were sold out by the following day, leaving many fans devastated.

The Group B matches start on Saturday, 7 December, with Burma playing Cambodia at the 50,000-capacity YCT Thuwanna stadium, and Thailand meeting Timor Leste at Aung San stadium, which holds a maximum of 40,000 spectators.

Tickets range from 2,000 kyat (US$2) to 5,000 kyat. Sale of tickets for the final, which will be held on 21 December in Naypyidaw, will begin on 11 December.

Naypyidaw will host Group A games involving Malaysia, Vietnam, Singapore, Laos and Brunei.

Funeral rites for land grab protestors in Michaungkan

Posted: 04 Dec 2013 02:07 AM PST

Around 400 residents in Rangoon's Thingangyun township have received funeral rites from Buddhist monks, saying they are ready to die protesting for the return of cultivated land which was confiscated from them by the military.

The villagers of Michaungkan ward have been protesting non-stop since 26 November demanding the return of farmland that was seized from them in 1990. One of the protest leaders, Zaw Tun, said the protestors on Monday received traditional Buddhist funeral rites to signify their readiness to die fighting for this cause, after getting no response from the authorities.

"After seven days of protests, we have been given our funeral rites by 21 monks, 11 of whom were involved in the Saffron Revolution, to show our determination and that we are ready to die protesting until we get our land back," he said.

The protestors have laid out a list of seven demands which include the release of fellow villagers imprisoned for involvement in previous protests.

According to a report by Radio Free Asia, Htin Kyaw, Sein Than and Kyaw Lwin, who led the second Michaungkan protest in March 2012, were each sentenced on 16 November to three months in prison with labour under Article 18 – the Peaceful Assembly and Peaceful Processions Law – for staging a protest without official permission.

Three others are also reportedly awaiting trial on similar charges.

On Monday, Rangoon division's Border Affairs and Security Ministry Col. Tin Win spoke in person with the protestors and urged them to end the rally. He reportedly refused to discuss their demands.

In late September, Presidential spokesman Ye Htut said that the government intended to return the disputed lands to the Michaungkan farmers and provide compensation to those whose land now sits under newly-constructed factories.

The Michaungkan residents have staged seven rounds of protests to date and opened two protest camps to call for the return of lands, as well as camping out in front of City Hall in downtown Rangoon in October.

Rangoon division Land Investigation Commission members Aung Thein Linn (a former mayor of Rangoon who is now an MP for the ruling USDP) and Khine Maung Yi promised to raise the issue in parliament if they closed down the rally camp, which the villagers did.

However, failing to see any progress on the promises, the residents resumed their protest on 26 November.

Aung Thein Linn told DVB on Tuesday that the parliament has done its part on this case and the rest is up to the government.

"We did raise questions in the lower house and also in our [committee] report regarding this case, and that's pretty much all we can do on our mandate," he said.

"The government is aware of this and we assume the Land Management Committee will attend to the issue."

Khin Lay Naing, a 76-year-old villager from Michaungkan, said she would die fighting for her land rather than risk being made homeless.

"We have received our funeral rites and are not afraid to die," she said. "I have no home, and have been staying with family members, but they cannot keep me the rest of their lives."

The Michaungkan residents said they have been living on the land in question since Gen. Ne Win's era.

On Tuesday, a coalition of female activists associated with Bangkok-based ALTSEAN-Burma launched an awareness campaign about land-grabbing among Burma's urban population, saying that farmers "need more support by townspeople". The activists appealed to the residents of 13 townships to speak out against what they say is "an urgent problem" that has consequences for all people in Burma, such as rising food prices.

 

Burmese embassy warns migrants to avoid Bangkok protests

Posted: 04 Dec 2013 01:22 AM PST

The Burmese embassy in Bangkok has issued a warning to Burmese nationals and migrant workers in Thailand not to get involved with the anti-government protests taking place in the country.

The Burmese labour attaché at the Burmese embassy in Bangkok, Kyaw Kyaw Lwin, said it is important to retain good relations with Thailand.

"In order to maintain good relations, we are reminding our citizens not to get involved with [Thailand's] internal affairs, for their own safety; to have caution when they travel around and regularly get news updates to avoid areas with mobs building up."

Burmese labour rights activists in Thailand also warned migrants to keep away from the protests, citing incidents in 2010 where several migrants were arrested during anti-government protests in the Thai capital.

"There is usually a lot of excitement involved in these political rallies and so it's easy to get caught up with these emotions,” said Myint Wai of Thai Action Committee for Democracy in Burma.

"They [Thais] have legal protection under their country's law. But the Burmese – migrant workers from a foreign country – do not have the same privileges of exception from the law as they do, and it's rather difficult for us to resolve."

The anti-government protesters are demanding: that Thailand's Prime Minister, Yingluck Shinawatra, resign from office; that parliament is dissolved; and that a 'people's council' is installed in government.

Yingluck, however, has rejected the protesters’ demands – calling them unconstitutional.

Since the protests began a month ago, three people have been killed and over 50 injured.

Tensions in the capital have eased somewhat, ahead of the King's birthday on Thursday.

‘We are bound to the constitution and only the constitution’: Ye Htut

Posted: 03 Dec 2013 09:39 PM PST

DVB reporter Shwe Aung spoke by phone on Tuesday with presidential spokesman Ye Htut, in response to a statement released by the National League for Democracy (NLD) on Monday. The statement criticised the government's refusal to meet the NLD's request for a quadripartite meeting on constitutional reform, claiming that the government's delay indicates "unwillingness" to enact meaningful reform.

Q: The NLD issued a statement on Monday asserting that the president's response to calls for a quadripartite meeting was intended to delay efforts to amend the constitution and signifies the government's reluctance towards reform. Would you like to respond to the NLD statement?

A: We are not trying to delay the dialogue. The president has always been willing to meet and exchange views with Daw Aung San Suu Kyi, every time she requests a meeting. However, the matter in hand right now is concerned with the constitution, and the demands include meeting with specific figures and following specific procedures. This is a task for the Union Parliament, and it requires listening to the opinions of political parties and organisations within and outside of the parliament. We are just pointing out that the meeting should be considered only after the parliament's Joint-Committee for Reviewing the Constitution presents its report.

Moreover, the [timeframe] for amending the constitution does not concern the executive branch of the government. Since all matters relating to constitutional reform are being handled by the Union Parliament, timing the process is their responsibility.

Regarding the suggestion of unwillingness towards reforms, we don't need to say much about it. Our government has already proven our genuine will for reforms through action in the past two years.

Q: Could delays in these discussions harm the President's relationship with the NLD?

A: We don't think so. We were genuinely discussing what we think is an appropriate answer to the NLD proposal. But we don't know what their view on that is.

Q: The NLD has maintained that the president does not have full-authority over the matter and is using the parliament as an excuse to delay discussions. Do you have a response to this allegation?

A: It's irrelevant. The president consistently answers in conformity with the constitution – we cannot give answers based on our opinions. The constitution says that undertakings related to amending the constitution are assigned to the parliament.

I think it was back in May when Daw Aung San Suu Kyi commented on remarks made by the president during his visit abroad, about the role of the Tatmadaw [Burmese military] in the country's politics. She said that President Thein Sein's remarks about reducing the military's role in politics were out of line, as the president has no right to amend the constitution because it is a matter assigned to the parliament. Only the parliament should have a say in this.

We are bound to the constitution and only the constitution.

Q: Will the president's office issue an official response to the NLD 's statement?

A: For now, I don't know. It's up to the president's office and I am only giving my opinion here as a spokesperson.

Interviewed by Shwe Aung

Despite reforms, Burma’s lawyers still live in trying times

Posted: 03 Dec 2013 08:04 PM PST

After decades of mismanagement, Burma's legal system remains subject to political pressures and a pervasive culture of corruption. This has a profound effect on the ability of lawyers to practice their profession independently, according to a report released Monday by the International Commission of Jurists (ICJ) in Rangoon.

The Geneva-based ICJ conducts research on legal issues pertaining to human rights worldwide, and works with legal professionals and national governments to "strengthen national and international justice systems." The ICJ played an instrumental role in formulating the 1990 UN Basic Principles on the Role of Lawyers, a comprehensive set of international norms and standards on rights to govern the legal profession worldwide, and much of its work is dedicated to promoting its standards.

By all measures, Burma has a long way to go. "Over the past four decades, in particular, in Myanmar [Burma], virtually every single one of the basic principles on the independence of lawyers were violated," said Sam Zarifi, the ICJ's Regional Director for Asia and Oceania. "The track record for the independence of lawyers… was quite poor. But it's also clear that since 2011, in particular, there have been significant improvements."

The legal profession in Burma declined in prestige over the course of four decades of military dictatorship, as the fundamental absence of the rule of law and a lack of government support for legal education have left courts incapable of fairly adjudicating disputes and meting out justice. The decline in standards became particularly pronounced after the failed 1988 uprising against military rule, when lawyers and law students used their professional skills to fight the regime.

Lawyers today are still subject to political pressures that interfere with their work, despite political reforms over the past two years. "The area of least improvement… has been in the activity of lawyers who work on politically sensitive cases," Zarifi said. "Cases that, essentially, challenge the authority of the government, in particular the security forces, and, increasingly, [challenge] the economic interests of the government and powerful figures."

Burma's lawyers lack an independent bar association to set rules and standards and look out for their interests, as the existing society is controlled directly by the attorney general's office. The Myanmar Lawyers' Network, an umbrella organisation that seeks to protect lawyers' rights and push for legal reform, was founded in November 2011 by prominent jurists, but it does not hold official status.

Thein Than Oo, the organisation's joint secretary, does not believe reform runs deep in Naypidaw. He hopes to see a truly independent bar association established, but refuses to take part in the current structure, which he deems a "puppet regime."

"Thein Sein is a former general. Now he is President Thein Sein. The same position. He is always wearing a smiling face. But his heart is genuine military junta. It's only a disguise," he said.

But Burma's bar association wasn't always so demure. In 1988, elements within the bar association were at the forefront of anti-government agitation – and Thein Than Oo served ten years in prison for his political activities starting in 1990. He was no stranger to incarceration, having already served a four-year stint behind bars in the 1970s for demonstrating against Ne Win, and he subsequently spent 21 days in detention during the "Saffron Revolution" of 2007.

"[Since] the 1988 uprising, the bar council has bravely fought them [the military]," he said. "So they don't like lawyers. They hate lawyers. They want to revoke our licences. We don't trust them."

Under the UN Basic Principles on the Role of Lawyers, advocates are supposed to be immune from politically-motivated sanctions against them. But harassment still occurs, and it's difficult for individuals embroiled in politically sensitive cases to secure representation. "One area where the numbers have not decreased – and have possibly increased – is in the cases of lawyers' ability to represent clients – particularly Muslim clients, and particularly Rohingya clients," Zarifi said. "This issue has actually grown sharper. The lawyers we spoke with uniformly said that they stay away from such clients."

Although it is rarer than it was in the past, the bar association occasionally strips 'activist' lawyers of their accreditation, and the process to re-secure it is far from clear. Thein Than Oo's licence to practice law was reinstated in 2012 after a year of petitioning, but other activists' rights to practice remain in limbo. Nyi Nyi Htwe, 36, serves as a case in point. Along with a partner, he runs a small legal clinic in northern Rangoon's Hlaing Township, but cannot directly represent his clients as he was stripped of his licence in 2007, and spent six months in prison for his role in the uprising. Despite repeated petitions to the President's office, the National Human Rights Commission and the Supreme Court after his release, his licence has not been reinstated. This, he feels, is a result of his ongoing work with displaced farmers seeking recourse against powerful economic interests – a brand of activism the government has little patience for.

The issue of land ownership in Burma has long served as an important flashpoint. Endemic under the old military regime, land grabbing has been exacerbated by the spoils promised by Burma's new economic openness, and the displaced have little recourse through the courts. Indignation surrounding the development of the Latpadaung copper mine project – a joint venture between the military's economic arm and a Chinese state-owned weapons manufacturer – is the most prominent example of the kind of negative feedback the government wants to avoid.

"Challenging the military, of course, remains hugely problematic in Myanmar because of the special impunity written into the constitution, and essentially the inability to challenge the military in civilian courts," said Zarifi.

But even though politicised cases are highly problematic, most of Burma's lawyers have more down-to-earth concerns to deal with. "Most of the challenges to the independence of lawyers actually have to do with systemic problems – not authorities directly going in and trying to block the work of lawyers, but rather 40 years of government repression… every lawyer we spoke with, regardless of where they worked… spoke about corruption," Zarifi said. In a system where corruption is the norm, going against the grain can have negative consequences, and with no mechanisms – like an independent bar association – in place to enforce professional standards, the cost of being clean is high. According to Zarifi, "lawyers who [refuse to] participate in corrupt practices become identified as troublemakers."

Transparency International's latest Corruptions Perceptions Index, released on Tuesday, ranked Burma 157th out of 177 countries surveyed – a full fifteen places ahead of its rank last year. That's a tremendous leap forward, but there is still work to be done.

"The overall picture is one of immense transition. There is significant hope for reform, and in this regard the ICJ is always pushing for improvements," Zarifi said.

"Not perfection… it's important for the government to put in short-term reforms."