Democratic Voice of Burma

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• Latpadaung monastery to be moved, despite public outcry
• Burma Army clashes with SSA-S, TNLA in Shan State
• Pipeline arson suspects charged in western Burma
• Kachin Mining Minister says jade boulder “just an ordinary rock”
• KIA, govt troops fight three battles in Shan State
• Burmese react to Fortify ‘persecution’ report
• PTTEP plans US$3.3 billion oil and gas investment in Burma
• DVB Debate: Constitutional conundrum

Latpadaung monastery to be moved, despite public outcry Posted: 26 Feb 2014 04:42 AM PST A monastery once presided over by famed monk Ledi Sayadaw is to be moved from its current grounds — the site of the Latpadaung copper mine. Government authorities and project operators are preparing to move the holy structure despite demonstrated local disproval. The Buddhist structures, currently located by the side of the in Monywa-Bassein Highway Road in the Salingyi district of Monywa, will be moved to a new site 1.5 km away from their original location. On 25 February high-ranking monks of the government-linked Manhana, the National Head Monks Association, sanctioned the move by virtue of a traditional ceremony. Present at the ceremony was government minister Hla Tun, chairman of the Committee to Implement Recommendations by the Latpadaung Investigation Commission. Local villagers, however, who have demanded the preservation of the religious structures, said local representatives — monks and laymen alike — were absent from the ceremony. "There weren't any local monks at the ceremony nor any other locals — it was only joined by monks from the state and local-level Mahanas giving a green-light to destroy the structures," said Buddhist monk Ashin Arlawka of San Myawady Monastery in Zeetaw village. Related Stories Sympathisers flock to aid evicted squatters in Hlegu Latpadaung locals air grievances to UN Rights Rapporteur Protesters arrested after appealing for Latpadaung activist's release. "It is a very sad affair [that] the head monks of the nation, deemed a Buddhist country, have approved such a decision." Min Min, an anti-Latpadaung mining project campaigner from the Committee to Protect the Interests of the Latpadaung Mountain said that the implementation committee has neglected the findings of the Latpadaung Investigation Commission. "The local public has clearly stated previously that they will support continuation of the project only when the recommendations by the Latpadaung Investigation Commission were specifically fulfilled — the commission recommended to relocate the structures to an appropriate location, without causing damage, through negotiation with local influential monks — but now it seemed like they are planning to just demolish the structures and replace them with new ones at the new locations."

Burma Army clashes with SSA-S, TNLA in Shan State Posted: 26 Feb 2014 03:36 AM PST Fighting broke out between the Shan State Army – South (SSA-S) and the Burma Army on Sunday, the first such clash this year, according to the SSA-S. Sai La, SSA-S spokesperson, said their troops moving along the Loi Pangton mountain range in Mongton, ShanState, came under fire from about 100 combined forces. The assailants included members of the Burma Army 519 and 522 Light Infantry Battalions and an ethnic Lahu Border Guard Force unit, he said. The spokesperson emphasised that since signing a state-level ceasefire agreement in early 2012, sporadic clashes have occurred largely because of a lack of clear demarcation between their respective territories. While fighting does occur despite the agreement, Sunday's bout was the first such incident this year. "As there was no specific demarcation, we continue to move about in the region normally, and at times we run into government army columns," he said. Without clear boundaries and advance notice, mobilisation can lead to "brief, pre-emptive clashes", he added. "But we have not seen large-scale fighting taking place." No casualties from Sunday's clash have been reported. The SSA-S has informed the government's Internal Peace Making Working Committee (IPMWC), which has been maintaining efforts to reach a nationwide ceasefire agreement with Burma's ethnic armed groups through several rounds of discussions with their respective leaders. Related Stories Poppy replacement in Shan State will take time, money Not enough info about Salween dam, say Shans in eastern Burma Ethnic groups resist census, object to question of ethnicity President's spokesman Ye Htut, however, denied the government's knowledge of the alleged attack. "We have no information about the incident," he said. Also in Shan State, the Ta-ang (Palaung) National Liberation Army (TNLA) claims the Burma Army has also attacked their troops, which were installed to carry out narcotic eradication in Namhsan, Manton and Kutkai townships – located in the state's far north — and also in Mogok of Mandalay Division, which was within the Shan State boundaries up until the early 2000's. Ye Htut attributed attacks on the TNLA to the group's alleged abuse of civilians, claiming that they entered government-controlled territories under the pretext of a drug eradication scheme, where they then forcibly recruited and extorted villagers. "If they were really fighting drugs, then they should share some information with us, since we are working on the same objective," said Ye Htut. The TNLA reported causalities – of both their own and government troops — but DVB could not independently confirm the claim. The government's IPMWC and the Nationwide Ceasefire Coordination Team – a 13-member delegation representing 18 ethnic armed groups — are scheduled to meet in Rangoon on 8 March to resume peace negotiations.

Pipeline arson suspects charged in western Burma Posted: 26 Feb 2014 12:47 AM PST Seventeen labourers in Burma's western Arakan State have been charged with arson, aggravated trespassing and abetting crime for alleged involvement in a fire at a relay station along the Shwe gas and oil pipelines in January. The station, located in Singondai village in AnnTownship, is operated by Southeast Asia Oil and Gas Pipelines Limited (SEAOGP), a joint venture between China National Petroleum Corporation, Myanma Oil and Gas Enterprise (MOGE) and other multi-national shareholders. More than 20 employees were detained by authorities after they allegedly set fire to the station following an altercation with Chinese staff on 26 January. Aye Kyaw Than, one of three lawyers volunteering in their defence, said 17 of them were arraigned in a hearing on Monday as their one month remand neared expiry. "My clients have been formally charged under the penal code articles 452, 436 and 144, for alleged aggravated trespassing, arson and abetting criminal offence," said Aye Kyaw Than. The arraigned, mostly ethnic Chin labourers, were charged by government-owned MOGE. Trial is set for 10 March in Ann Township Court. The lawyer said it was too early to speculate on the trial's outcome. Details of the cause of the fire are still unclear, with some claiming that the workers set fire to an oil storage facility as a retaliation for abuses committed against ethnic workers. SEAOGP at the time acknowledged that a disagreement did occur between workers and announced to media that it was an isolated incident and posed no threat to project security. Related Stories Sizing up the energy giants The plight of internally displaced Kachin war victims Poppy replacement in Shan State will take time, money

Kachin Mining Minister says jade boulder “just an ordinary rock” Posted: 25 Feb 2014 11:39 PM PST The supposed 37-ton slab of jade recently discovered in Hpakant, Kachin State, is nothing but a rock, according to Aung Naing, the Kachin State minister of mines. Minister Aung Naing told DVB on Tuesday that a study has shown that the slab that appeared to be jade – making headlines after a small-time excavator discovered it on 9 February – was not what it seemed. "We tried to move the rock and it cracked. Even before that we had presumed, based on an initial study by experts, that it was not jade," said Aung Naing, adding that it is a common habit in the gem industry to claim stones to be precious and later be proven wrong. "It cracked because it's not jade – just an ordinary rock." The assertion comes despite the efforts of the Burmese army to cordon off and secure the district in response to the discovery. The Burmese army reportedly detained the discoverer of the stone, Aung Naing Win, on the grounds of "his own safety" and blocked local independent miners from work in the area. Hpakant locals said small-time mining operations have resumed as authorities have lost interest in the stone. The status of Aung Naing Win, however, is still unknown. The regional mining minister said officials are now preparing to put the boulder on public display to prove that it has no value. Related Stories The plight of internally displaced Kachin war victims Military secures Hpakant area after 37-ton jade slab found. UN envoy meets Kachin leaders, refugees "We would like to prevent rumours – as there has been some media build-up – we want to show that it was not a precious rock from the beginning and that we did not swap it." Locals in Hpakant have said it is still too early to conclude the rock has no value. The Ministry of Mines officially banned mining operations at Hpakant in 2012, though small-scale manual excavations continue.

KIA, govt troops fight three battles in Shan State Posted: 25 Feb 2014 11:36 PM PST A battle took place on Monday between the Kachin Independence Army (KIA) 9th Battalion troops and Burmese army troops from 123rd Light Infantry Battalion (LIB) near Chying Htawng village in northern Shan State at 10:30 am. No casualties on either side have been reported so far. Another battle took place on the same day between KIA's 3rd section troops under 36th Battalion and Burmese army's 241st LIB troops at a location between Gyu Mwi and Ba Hpang village in northern Shan State at around 12:30 pm. This battle lasted for about 35 minutes and there were no known casualties, said a KIA source. The same two sides, KIA's 36th Battalion troops and Burmese army's 241st LIB troops, engaged in a fierce battle near Nam Gut village in northern Shan State on February 22 at 5 am. Related Stories Burmese military seeks stronger ties with Indonesia Shan NGO blasts 'militia monks' Shan group defends training from Burma Armed Forces The Burmese army has increased its troop movements in the past weeks by rotating some frontline troops, and expanding its controlled territory by capturing some KIA frontline posts. Troops under 33rd Light Infantry Division (LID) who have been stationed in Gang Dau Yang, Ja Pu, Na Hpaw, and Nam San Yang returned to Myitkyina last week. More government troops under 3rd Military Operation Command (MOC) have been sent to Bum Re, Nam Ngau and Gang Dau Yang. A local source says Burmese army troops have been building a motor road between Sumpyi Yang and Ntsi Yang to reach KIA's 3rd section post in 1st Brigade area in Kachin State. This article was originally published in Kachinland News on 25 February 2014.

Burmese react to Fortify ‘persecution’ report Posted: 25 Feb 2014 09:05 PM PST A report released on Tuesday by Thailand-based watchdog Fortify Rights, detailing discriminatory and persecutory policies targeting Rohingya Muslims in Arakan, has been met with mixed reviews, evincing the deep divide within Burma on the "Rohingya question". "The information we’ve collected through leaked documents, analysis of public records, and testimony indicates that all the elements needed to demonstrate crimes against humanity are in place in Rakhine [Arakan] State," Matthew Smith, executive director of Fortify Rights, told DVB. "We don’t make these allegations lightly and we hope the government responds in a way that promotes and protects human rights." While patterns of harassment and oppression are already well-documented, the report – entitled Policies of Persecution: Ending Abusive State Policies Against Rohingya Muslims in Myanmar – is the first to publish official documents corroborating observed patterns, shedding light on the mechanics of a long-running campaign to deny the Rohingya basic rights. National identity in Burma is perhaps best defined by its complexity. Its most prominent sacred cow is the notion that only members of "indigenous" ethnic groups – subdivided into 135 arbitrary categories – are deserving of "full" citizenship. The Rohingya are not on this list, making the term itself contested territory. Their detractors see the word as an "artificial" term, a fraudulent attempt at asserting indigeneity devised to drive the Arakanese from their land. Government officials and Arakanese nationalists prefer the term Bengali, which implies origins in neighbouring Bangladesh. Related Stories Rohingya crisis: Burma govt implicated in 'Crimes against Humanity' EU assists training of Burma’s Police Force Quintana slams Maungdaw investigation The documents pertaining to Arakan acquired by Fortify Rights date between 1993 and 2008, and these "instruct law enforcement agencies to impose abusive action on Rohingya, including enforced birth control, coercive limits on childbirth, restrictions on marriage and private relationships, and restrictions on movement." The report also draws on four government documents dating to March 2013,  "relating specifically to Muslim citizens in areas outside Arakan State," but – for "security reasons" – Fortify Rights has chosen not to make their contents public. "Arakanese people have been living with the Muslim community for many decades, but the so-called Rohingya are calling for their own sovereignty," said Kyaw Myint, the vice-chairman of the Arakan League for Democracy (ALD), which has itself been on the receiving end of government repression. The party inked a deal last month to amalgamate with another nationalist party, the Rakhine Nationalities Development Party, but Burma's electoral commission has not yet approved the merger. "I have many Muslim friends … but after the Bengali people created the name Rohingya, there is a separate feeling," he said. Arakanese nationalists feel trapped between a union government that does not have their best interests at heart, and the alleged threat posed by the Rohingya. Despite empirical evidence to the contrary, conventional wisdom teaches that the Rohingya are multiplying much faster than their Arakanese neighbours, and that northern Arakan is suffering from the effects of a wave of migration from the other side of the border. For this reason, Kyaw Myint agrees with the mobility restrictions and birth control measures documented in the report, and claims that the fundamental issue preventing progress is a failure to uphold "the rule of law" – including a controversial 1982 citizenship law that has left the vast majority of Rohingya stateless. This feeling of entrapment has prompted wild theories to emerge. "The current Rakhine state government is not elected by the Arakanese people. It is authorised by the central government, which is blocking the Bengali refugees from returning to Bangladesh. The reason is because they might need to get more votes [in the 2015 elections]," Kyaw Myint said.  "Over a million people have been provided white cards [temporary IDs] and will be allowed to vote, and they will vote for the [USDP]. Rakhine people are scared." But it is not as though the Rohingya have many friends on the national stage. Contacted by DVB for this article, presidential spokesman Ye Htut slammed the report, claiming Fortify Rights "has been lobbying for the Bengalis all the time, and so we have nothing to comment about their one-sided allegations, and we neither respect nor pay attention to them." A particular point of contention has been the presence of foreign relief agencies in Arakan. In recent weeks, thousands of protesters have demonstrated against their activities in Sittwe, the capital of Arakan State. "Most of the INGOs are funded by Islamic countries, so that's why people don't have faith in INGOs. They feel that they are only to aid [Muslims]," said ALD secretary Myo Kyaw. "They're dressed like NGO workers, but their real message is Islam." Naypyidaw has wholeheartedly denied allegations that it incited bouts of anti-Muslim violence that spread from Arakan to other parts of the country starting early last year. But the unreleased documents in Fortify Rights' possession, which relate "specifically to Muslim citizens in areas outside Rakhine [Arakan] State," may serve to corroborate a widely held belief that anti-Muslim violence around the country has been coordinated by elements within the government and/or security services. The Burmese government's policies towards the Rohingya constitute crimes against humanity, according to Fortify Rights, but its policies in Arakan may run afoul of Burmese law, as well. "The current activities imposed on Rohingya Muslims are illegal, because the… orders are not consistent with the constitution," said Shwe Maung, Member of Parliament for Buthidaung Township in northern Arakan. A Rohingya himself, his advocacy for Rohingya rights in Parliament has earned him many detractors in his home state. "When I read the report, I saw some recommendations that are urgent for national identity. Instead of naming on the ID cards religious names or ethnic names, it's better to have [one national name]," he said. In Burma, identity cards list individuals' ethnicity as well as alternate ethnic names, where applicable. "According to the constitution, the state, or any law, should not discriminate by race, religion, sex, etc." Despite Shwe Maung's efforts, there is little political will in Naypyidaw to address the plight of the Rohingya. "The perpetrators of abuse against the Rohingya are now firmly outside the reach of domestic courts, which is another way to say these abuses are happening with complete impunity," Smith said. For Kyaw Myint, the issues are much more clear-cut. "There is an old Burmese saying," he said. "The Bengali never speaks the truth except by accident."

PTTEP plans US$3.3 billion oil and gas investment in Burma Posted: 25 Feb 2014 08:31 PM PST Thailand's semi-private oil giant PTTEP announced its intention on Tuesday to invest a further US$3.3 billion in Burma over the next five years. The company currently operates five gas projects in Burma directly — all of them offshore, with the exception of a single onshore site in central Burma — and was a partner in the development of the Yadana and Yetagun gas fields, which are operated by France's Total and Malaysia's Petronas, respectively. According to CEO Tevin Vongvanich, the company provides "about 27 percent of the energy supply to Thailand." Burma was the site of PTTEP's first foray abroad 25 years ago, and the country will receive 20 percent of the company's planned $16 billion in capital expenditures between 2014 and 2016. "Myanmar [Burma] is considered the second home of PTT group, because it is the largest investment portfolio outside of Thailand," Vongvanich said. The company plans to start production in the Zawtika field imminently, one of Burma's largest known offshore reserves. According to Vongvanich, the first phase of the Zawtika project will produce 300 million cubic metres of natural gas per day. Last year, the company discovered gas in block M3, a large area immediately south of Rangoon and the Irrawaddy Delta that is not currently exploited commercially. Thirty new offshore blocks were offered up for exploration by the Burmese government last year, and PTTEP was among the firms that submitted bids. Although the results of the blind auction were expected this month, the announcement is likely going to be postponed until after the Burmese New Year in April. Related Stories Hundreds join protest against big oil and gas in Kanbauk Sizing up the energy giants Tenasserim villagers protest military land grab On Saturday, residents of Kanbauk, Tenasserim Division, staged a protest against PTTEP and its partners in the Yetagun project, demanding the oil companies construct sealed roads in the area, supply surrounding villages with 24-hour electricity, and implement measures to safeguard the local environment. Led by a civil society group, the Regional Development Network, the demonstrators claimed that dust from heavy trucks travelling the existing, unsealed road was causing respiratory problems for local residents.

DVB Debate: Constitutional conundrum Posted: 25 Feb 2014 08:26 PM PST Since it was adopted in May 2008, Burma's Constitution has been widely criticised, and many political groups have called for it to be amended or rewritten. This week the four-person panel of DVB Debate consists of: Tin Maung Than, senior researcher from Myanmar Development Resource Institute; Advocate Ko Ni from Burma Lawyers Network; Hla Swe, an Upper House MP for the USDP; and Mya Aye from 88 Generation Peace and Open Society. The Constitution currently reserves 25 percent of the seats in parliament for the military, which continues to play a pivotal role in the country's politics. Lawyer Ko Ni, a member of the National League for Democracy (NLD) Constitutional Amendment Committee said the Constitution is not democratic. “Actually the 2008 Constitution does not give power to the people,” he said. “It is a Constitution that makes sure the military legally holds onto power forever." However, senior researcher Tin Maung Than points out that it is not as simple as trying to hold onto power and that it is a lack of trust that has led to this situation. Cartoon: DVB Debate “We can see that the military don't trust the civilian leaders,” he argued. Audience member Tin Oo, a veteran NLD leader and former army general, spoke candidly about what he thinks Burma's current commander-in-chief, Min Aung Hlaing, should do. “If Min Aung Hlaing stood up today and said, ‘We have faith in democracy and therefore in 2015 we are going to give our 25 percent of seats up to civilians in the parliament and work together with them,’ then in that case everyone will love them,” he said to applause from the audience. The Constitution has also come under criticism for its rules regarding the presidency. Article 59(f) effectively bars opposition leader Aung San Suu Kyi from becoming president because her husband and children have held foreign citizenship, and she does not have military experience. Ko Ni said Article 59(f) needed to be amended before the 2015 elections. "Rather than six months before the elections, I'd rather have the constitution amended as soon as possible,” he said. However, former military colonel, Hla Swe said the country is not yet ready for change. "Our country only just started walking down the road to democracy,” he said. “Therefore we currently need the military, but we will gradually reduce it, that is why we have said we will change the Constitution gradually.“ To approve constitutional change, over 75 percent of parliament would need to agree. However, with over half the seats in parliament occupied by the military-backed USDP and a quarter belonging to the military itself, many think a vote for change is still unachievable. In addition, following a 75 percent approval in parliament, many amendments would then have to go to a national referendum where over 50 percent of the eligible population would have to agree – over 22 million people. However, even those who want the changes think that a clear legal method is vital. Suu Kyi has said in parliament that a solution must be found within the Upper and Lower Houses. Related Stories Amended Anti-Terror Bill passes lower house. Amending 59(f) will allow foreigners to exploit 'simple' Burmese, says Wirathu Anti-corruption commission to be formed "I don't want any conflict between the people and the parliament and I want rule of law to exist, that is why we are going to try our best to change the Constitution within the parliament," she said previously.  However, some think many a wider range of the population should be involved in suggesting changes in the first place. Activist Mya Aye said constitutional reform should be all-inclusive, and that politicians, civil society, ordinary people and the military all need to find common ground. “We don't want only an elite group controlling the country,” he said. ”We don't want the people to blindly follow politicians who are doing whatever they want. I cannot accept that situation.”  However, Myo Yan Naung Thein from the Constitutional Reform People's Network said that they are currently not hearing the true voice of the people. “In the newspapers they ask people to send suggestions. But how can the people who live in the villages send suggestions? Just by looking at this example, we can see the process is not genuine,” he said.  The majority of the studio at least agreed that constitutional reform of some kind is needed for Burma to continue moving towards true democracy.

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