Thursday, August 21, 2014

The Irrawaddy Magazine

The Irrawaddy Magazine


Parliament Speakers Consider Revision of Penal Code for Journalists

Posted: 21 Aug 2014 04:27 AM PDT

Interim Press Council members talk with President Thein Sein at an earlier meeting in Naypyidaw earlier this month. (Photo: Interim Press Council / Facebook)

Interim Press Council members talk with President Thein Sein at an earlier meeting in Naypyidaw earlier this month. (Photo: Interim Press Council / Facebook)

RANGOON — Speakers of both houses of Burma's Parliament "generally agree" on the need to revise century-old sections of the country's penal code that have been used to jail journalists, according to a leading member of the Interim Press Council.

Lower House Speaker Shwe Mann and Upper House Speaker Khin Aung Myint told press council members that they would consider the legal revisions during a meeting in Naypyidaw on Wednesday, one day before charges were dropped against dozens of journalists in Rangoon.

"The council proposed abolishing sections 499 and 500 of the penal code, which cover defamation but were taken by the British [colonial powers] 100 years ago. India does not include these sections in its penal code anymore; instead, they are part of civil law," council member and veteran journalist Thiha Saw told The Irrawaddy, recounting the meeting.

"Someone can be jailed under the penal code but they only need to pay a fine under civil law. We asked whether it would be possible to make the change, as other countries have done. …Both parliamentary speakers generally agreed to do so."

On Thursday, charges against about 50 journalists in Rangoon were dropped, according to a report by 7Day News, a Burmese-language news agency, which cited a police officer. The journalists had been accused of violating the Peaceful Assembly Act after a silent demonstration.

Thiha Saw said the parliamentary speakers also agreed to cooperate in holding a forum of media and government officials, likely in September. "The forum is to increase understanding between the four pillars—the legislative, administrative and judiciary bodies, along with the media, and to solve misunderstandings, if there are any," Thiha Saw told The Irrawaddy.

He said council members and the parliamentary speakers spoke about the Public Service Media Bill as well. In particular, he said council members criticized the plan to include newspapers as public service media.

The Interim Press Council has finished drafting bylaws for its Media Law, which was approved by Parliament and signed by President Thein Sein in March. The bylaws will be sent to the Attorney General's Office and must receive approval from the president, Thiha Saw said.

Council members met earlier this month with Thein Sein in Naypyidaw and with Information Minister Ye Htut in Rangoon. The president agreed to give the council greater rights to mediate over disputes involving the media. Both meetings were held at the request of the council, following the jailing of several journalists in recent months.

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Ethnic Minorities Question US-Burma Military Ties

Posted: 21 Aug 2014 04:11 AM PDT

Burma's armed forces take part in a ceremony to honor the 65th anniversary of independence from British rule in Naypyidaw on Jan. 4, 2013. (Photo: The Irrawaddy)

Burma's armed forces take part in a ceremony to honor the 65th anniversary of independence from British rule in Naypyidaw on Jan. 4, 2013. (Photo: The Irrawaddy)

RANGOON — As the United States insists that military engagement with Burma is crucial to promote political reforms, human rights activists and ethnic minorities are raising some questions.

Among them: Who will take responsibility if US assistance to Burma's armed forces is used to oppress, rather than help, the Burmese people?

Tom Malinowski, the US assistant secretary of state for democracy, human rights and labor, met with the commander-in-chief of the Burmese military during his visit to Naypyidaw in June. Washington has repeatedly sought to assure critics that military engagement in Burma would not involve training of combat forces or the exchange of weaponry systems, but would instead focus on promoting respect for human rights and professionalism.

But ethnic minorities in Burma, who have for several decades been the victims of brutal military campaigns, are not so convinced. Thirteen ethnic groups from Shan State sent a letter to the US Consulate in Thailand's Chiang Mai last month, saying they believed US military engagement in the country was premature.

"What if ethnicities are attacked with US-provided technologies? That's the question," said Khun Htun Oo, a prominent Shan leader, adding that the uncertainty of Burmese politics was reason for caution.

"We don't even know what will happen in 2015. We don't know whether the election will be free and fair. Now, proportional representation (PR) is being debated and we don't know how things will develop."

Khon Ja, an activist from the Kachin Peace Network, also opposes US-Burma military engagement, saying she wonders what will happen if the Burmese army does not follow ethical rules after undergoing training, especially if the United States does not continue to monitor it.

During half a century of dictatorship, the military committed more rights abuses than the Burmese government, said Cherry Zahau, an ethnic Chin human rights activist. "There is no consensus in regards to how to engage with the Burmese military, which keeps on committing human rights abuses," she said.

The military has signed bilateral ceasefires with most ethnic armed groups since 2012, but over the past three years clashes in northern Burma have left more than 100,000 people displaced.

The Chin activist accused the United States of strengthening ties with the Burmese military not to further political reforms, but due to the geopolitical importance of Burma for US national security.

"The military has continuously been a hindrance to reforms. It has impeded the progress by waging battles. It is ridiculous that [the US] says it's engaging with the Burmese military to encourage reforms," she said.

Because the United States is a mature democracy and a superpower, Mya Aye from the 88 Generation Peace and Open Society says he believes US mentorship for the Burmese military would not be problematic, if the focus was on preventing further rights abuses.

"US's military ties with Burma could help build democracy in Burma, but only when it takes the human rights situation in the country into consideration," he said.

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Burmese Consumer Group Makes Bonfire of Illicit Snacks

Posted: 21 Aug 2014 04:06 AM PDT

Illegal food products

A bonfire of food products that the Consumer Protection Association of Myanmar says may be dangerous to health. (Photo: Consumer Protection Association of Myanmar / Facebook )

RANGOON — A Burmese consumer advocacy group has launched a campaign to confiscate and incinerate food products believed to be harmful to health.

In smaller versions of Burmese authorities' regular ceremonies to burn large caches of seized narcotics, the Consumer Protection Association of Myanmar (CPAM)—a privately funded nongovernmental organization—is making pyres of packets of noodles and other snacks that it says are dangerous.

Director Ba Oak Khine said the group is working with municipal authorities in Burma's major cities to enforce laws on food standards that are otherwise ignored in the campaign that began in Naypyidaw on Aug. 15.

"We will start the campaign in Rangoon within this month," said Ba Oak Khine.

"We are still coordinating with the Mandalay municipal committee to launch the campaign in Mandalay."

He said the products being confiscated were mostly readymade food including moldy packaged food, snacks made using banned chemical dyes, soft drinks with stimulant additives and imported food products that do not have their ingredients written in English or Burmese—which should not be sold in Burma, according to the Consumer Protection Law passed this year.

"We've seen that some sausages imported from China are marked in Chinese as dog food on the package," said Ba Oak Khine by way of an example.

"But those sausages are sold for people here in Burma. The people buy the sausages because they do not understand the Chinese on the food package."

Food products that are endangering people's health have been cheaply and widely available in Burma for more than a decade, according to Ba Oak Khine, who blames ineffective countermeasures taken by the authorities.

Burma does have a Food and Drugs Association (FDA) charged with enforcing the rules around food products on sale in the country. And officials insist that they carry out regular surveys in markets and school canteens to look for potentially dangerous food, but identifying illegal products can take time.

"We usually send food samples back to the lab to test whether it includes harmful ingredients. Sometimes we do on-the-spot tests, like testing for chemical food coloring," said a deputy director at the FDA, who spoke on condition of anonymity.

"Whenever we find some dangerous food that is not fit to be consumed, we put notices about those foods in the state newspaper."

So far, there has not been any collaboration between the FDA and CPAM, despite their common goal.

"We cannot be sure whether every kind of food that is being confiscated by CPAM for being harmful to consume is actually dangerous or not," the FDA official said.

Ba Oak Khine insisted that the group only confiscates products in breach of the Consumer Protection Law.

"According to the law, any readymade food product that is allowed to be sold within the country must have manufacturing date, expiry date and ingredients all displayed in Burmese or English on the package," said Ba Oak Khine.

"The foods that we've confiscated all do not have these displayed on their package. Therefore we believe these foods are not suitable for people to consume."

He added that CPAM targets the main distributors in big cities such as Rangoon and Mandalay.

"The large scale distributors in big cities are the main sources from which smaller shops around the country get these dangerous food products," said Ba Oak Khine.

"If we target these distributors first, then we can reduce the availability of these products within the country while also cutting off the inflow of these products from the border regions."

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Rangoon Land Protest Leader Gets 8 Months in Prison

Posted: 21 Aug 2014 03:54 AM PDT

 

A woman ties on a headband identifying her as a former owner of land in Michaungkan village, in Rangoon's Thingangyun Township, which protesters say was confiscated by the Burma Army in the early 1990s. (Photo: Sai Zaw / The Irrawaddy)

A woman ties on a headband identifying her as a former owner of land in Michaungkan village, in Rangoon's Thingangyun Township, which protesters say was confiscated by the Burma Army in the early 1990s. (Photo: Sai Zaw / The Irrawaddy)

Two courts in Rangoon have handed down a total of eight months in jail terms to the leader of land rights activists who have for months camped out in the city's downtown in protest over land seized by the Burmese military.

Sein Than is the most prominent member of the community who until the early 1990s lived in Michaungkan village, Thingangyun Township, and have over the past two years persistently demonstrated to have the Burma Army return their land. In March, after Parliament's land committee failed to solve the dispute, the former residents set up a camp adjacent to Mahabandoola Gardens near City Hall and have occupied it ever since.

Sein Than was detained in late July and is facing charges in multiple courts in the former capital under Article 18 of the Peaceful Assembly Law, which criminalizes gatherings that do not have the prior permission of the authorities.

Two courts sentenced Sein Than to four months in jail each this week, said his daughter, Nay Nwe Than.

"On Wednesday, he received four months in prison from the Bahan Township Court under Article 18," Nay Nwe Than told The Irrawaddy.

"Prior to that, on Aug. 18, the Pabedan Township Court sentenced him to four months imprisonment with hard labor [under the same charge]."

Sein Than also appeared before Kyauktada Township Court on Thursday, facing another charge for protesting without permission, and is due to appear on Friday at Latha Township Court, where he is charged under municipal law.

Sein Than was jailed on the same charge in 2013, but released during an amnesty granted by President Thein Sein on Dec. 31.

Nay Nwe Than said her father was not represented by a lawyer at the courts, but the family has sought legal advice from lawyers like Robert San Aung, who represents people fighting human rights cases.

Robert San Aung said Sein Than's trials were swift, with no time given to the accused or lawyers to put forward a defense. "The hearing is quickly done so we are not able to defend him before the judge," he said.

The controversial Article 18 was recently amended to force authorities to grant permission to demonstrators who request it ahead of time, but the law does not allow for long-term sit-in protests of the kind staged by the former Michaungkan residents.

The amended Article 18 says bail should not be more than 30,000 kyat ($30.80), and punishment should be no more than six months in prison.

The Pabedan and Bahan township courts did offer bail to Sein Than ahead of the sentencing, but it was set at 30 million kyat ($30,800) and 60 million kyat, respectively, so the family and supporters were unable to pay.

Robert San Aung said the judges' handling of Sein Than's cases showed the weakness of rule of law in Burma.

"The judges' decision [for bail] should not be that high. How could he and his family pay that? He is just one of the victims of a land grab," he said.

Upper House lawmaker Thein Nyunt, who represents the Thingangyun constituency and sits on the Judicial, Legal Affairs and Public Complaint Assessment Committee, said it was common for courts to set exorbitant sums for bail.

"It is unacceptable to ask such an enormous amount for bail—not only in this case, but in other cases as well," he said.

 

 

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Clay as a Weapon

Posted: 21 Aug 2014 01:30 AM PDT

Burma's retired Snr-Gen Than Shwe: Meet General Than Satan, decked out in his array of distinguished medals and ribbons honoring the general for his significant talents and accomplishments. The 'B' medal for Brutality, for instance, 'G' for Genocide, 'L' for Lies, and so forth. (Photo: Jim McNalis)

Burma's retired Snr-Gen Than Shwe: Meet General Than Satan, decked out in his array of distinguished medals and ribbons honoring the general for his significant talents and accomplishments. The 'B' medal for Brutality, for instance, 'G' for Genocide, 'L' for Lies, and so forth. (Photo: Jim McNalis)

Political satire can be used as a powerful tool to focus attention on human absurdity, corruption, hypocrisy and injustice. Political satire takes many forms. Those of us in the visual arts use images—drawings, paintings and sculptures—to shine a light on our subjects. Unlike words, images attract attention and trigger an immediate reaction.

A strong image should require no explanation. The most striking satirical images combine irreverence with humor. The image alone should present the artist's complete intention. My preference is to do caricatures of the people I am going after. But there must be more than just a recognizable caricature of the person. There must be story value; an idea, a statement to be made.

When Kim Jong-un succeeded his father, I knew I had a new subject to caricature. His unique features lent themselves to caricature, but it was not until he was declared a "military genius" that my sculpture took form. My sculpture presents him as a child with a toy airplane and a slingshot and he is dwarfed by an enormous nuclear missile that looms up behind him.

In political satire, art becomes an extremely powerful form of protest, especially in countries and under regimes where dissent and freedom of speech are forbidden.

Dictators and totalitarian rulers are irresistible targets for the political satirist. These kinds of dangerous, unjust egocentrics are used to having their way without opposition or feedback. Because of this they have a very unrealistic view of the real world and how it operates. They become ideal candidates for caricature because such egos cannot tolerate being humiliated or insulted.

Images can help us remember political prisoners; those who have been punished and imprisoned for having the courage to stand for what is right. Art can also shine a light on those who inspire us and provide leadership to oppose injustice in the struggle for basic human rights.

Art can reach people who might not be reachable by other means. Artists who feel a responsibility for those in need of help can use their talents to play a part in the dangerous and unjust aspects of life.

Jim McNalis is an American artist and former Walt Disney art director who lives in the US state of Florida. His views do not necessarily reflect those of The Irrawaddy. All captions are provided by the artist.

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Definition of Political Prisoner Sought With Govt, Activists at Odds

Posted: 21 Aug 2014 01:12 AM PDT

Lawmaker and former political prisoner Sandar Min, left, speaks at a workshop to define what constitutes a political prisoner, on Sunday in Rangoon. (Photo: Facebook / Assistance Association for Political Prisoners)

Lawmaker and former political prisoner Sandar Min, left, speaks at a workshop to define what constitutes a political prisoner, on Sunday in Rangoon. (Photo: Facebook / Assistance Association for Political Prisoners)

RANGOON — A workshop was convened this week in Rangoon to decide what constitutes a political prisoner, taking on a divisive issue that continues to weigh down on Burma's reform narrative.

The government and political activists have been at odds over the definition of the term, a disagreement that has implications for a pledge made by President Thein Sein last year that all prisoners of conscience in Burma would be released by the end of 2013.

More than 100 representatives from NGOs and political parties, as well as activists, lawmakers and lawyers, gathered for the two-day workshop on Aug. 17-18 at the Dhamma Peya monastery in Rangoon's Thingangyun Township. Jointly organized by the Rangoon-based Former Political Prisoners Society (FPPS) and Thailand-based Assistance Association for Political Prisoners (AAPP), the discussion also included former political prisoners who were granted amnesty under Thein Sein's quasi-civilian government.

"The definition of a political prisoner is necessary to articulate because the government is denying that there are any political prisoners who remain behind bars," Tun Kyi of the FPPS told The Irrawaddy on Wednesday.

He said that Aung Thein, a President's Office deputy minister who also serves as secretary of the government-backed Political Prisoners Scrutinizing Committee, has maintained that all political prisoners were released by the end of 2013, in fulfilment of Thein Sein's promise.

"So we decided to hold the workshop and invited international organizations like ICTJ [International Center for Transitional Justice] and ICRC [International Committee of the Red Cross], activists, lawyers and lawmakers to define the definition of political prisoners and to enforce the law on that," he said.

Thein Sein has granted amnesties to more than 1,000 political prisoners since he took office in 2011, as part of a democratic reform program that has won the president international praise.

But Tun Kyi said authorities have continued to make politically motivated arrests and prosecutions, repeatedly using alleged criminal charges that have allowed them to stifle dissent or limit freedom of expression in other ways, while purporting to uphold the rule of law and follow due process.

The definition states that anyone arrested, charged or sentenced for directly or indirectly supporting movements for freedom, justice, equality, or human rights, or for participating in demonstrations or other forms of dissent against the government, would be considered a political prisoner.

"According to the definition that came from the workshop, a political prisoner is anyone who is arrested on political charges or other penal code-based violations, if they were protesting against the Constitution or the government's conduct, including the president and all government officials," he said.

Activists have decried the intimidation, arrest and prosecution of dozens of people this year, ranging from activists and farmers to journalists and politicians. Often they are charged under laws still on the books but considered undemocratic, such as the Peaceful Assembly Law, which until recently required pre-approval from local authorities to stage a protest.

Aung Myo Kyaw, a spokesman for the AAPP, said workshop participants would submit the finalized definition of political prisoners to Parliament.

"The government no longer recognizes political prisoners [as still existing]. So now we have a definition, which was agreed upon by the various organizations and will be sent to Parliament to get recognition from the government," he said.

He said that previously, the reformist government mainly considered releasing political prisoners based on the charges for which they were incarcerated, which were generally made under Burma's repressive former military regime. The releases were not informed by a specific definition of what constituted a political prisoner, he added.

"A definition would help to release political prisoners remaining behind bars and to avoid including those who are not political prisoners in amnesties, and to ensure rights and assistance to political prisoners during and after their imprisonment," Aung Myo Kyaw said.

"By the end of July, there were 70 political prisoners, including 29 political prisoners from 2013, incarcerated, and around 114 activists awaiting trial," Tun Kyi of the FPPS said. "Since the definition of political prisoner has been agreed to, some [additional] activists will be counted as political prisoners. So we will compile a new list of political prisoners."

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Has the United States Forgotten Suu Kyi?

Posted: 20 Aug 2014 11:00 PM PDT

US Secretary of State John Kerry meets National League for Democracy chairwoman Aung San Suu Kyi at her lakeside villa in Rangoon on Sunday evening. (Photo: Simon Lewis / The Irrawaddy) 

US Secretary of State John Kerry meets National League for Democracy chairwoman Aung San Suu Kyi at her lakeside villa in Rangoon on Sunday evening. (Photo: Simon Lewis / The Irrawaddy)

Nobody seems to realize that Aung San Suu Kyi is disappointed with US policy in Burma, especially its policy of military-to-military engagement.

She hasn't said so in public, but according to a source close to the opposition leader, she believes it is not yet time for the Obama administration to strengthen ties with Burma's armed forces, which has committed war crimes against ethnic minorities for decades. Her opinion is shared by many leading dissidents and ethnic leaders in the country, among them prominent Shan leader Khun Htun Oo as well as Mya Aye of the 88 Generation Peace and Open Society.

But who cares what they think? Not only the United States, but also the United Kingdom and Australia appear convinced that military engagement is crucial in this time of political reform. They have all already sent military leaders to meet with top-brass officials from the Tatmadaw, mostly to discuss professionalism and human rights. The United States, for example, says its military relations with Burma will focus on non-combat concerns, such as training for disaster assistance to ease the suffering of people, as well as education on ethics and rule of law.

When US Secretary of State John Kerry visited Rangoon earlier this month, he spoke with Suu Kyi about specific plans like these for military engagement. The source close to Suu Kyi recently confided in me that, despite the opposition leader's general disapproval, she remained relatively quiet in regard to his proposals. She could not object because the plans for military engagement are already in motion, but at the same time, she refused to offer support.

Obviously, the Obama administration and other Western countries are eager to work with Burma's nominally civilian government. After half a century of military dictatorship, they say they want to encourage political reforms and more equitable development for the country's people. Suu Kyi and other dissident leaders clearly do not oppose these goals, or the diplomatic engagement that is likely necessary to achieve them. But whether the international community should go so far as to engage with Burma's military is a major question, especially lately, when it increasingly appears that the government's political reforms have stalled.

Kyaw Zwa Moe is editor (English Edition) of
the Irrawaddy magazine. He can be reached at kyawzwa@irrawaddy.org.

Just before Kerry's trip to Burma, more than 70 US lawmakers urged the White House to "undertake a significant recalibration of US policy" toward President Thein Sein's government because "conditions in Burma have taken a sharp turn for the worst." Some members of Congress have also initiated laws to restrict further US military cooperation with Burma. Their letter to Kerry underscored the continuing military abuses against ethnic minorities, the recent jailing of journalists and the need for constitutional change.

But after the trip, Kerry spoke positively about the trajectory of reforms. "In Burma last week, I saw firsthand the initial progress the people and the government have made," he told an audience in Hawaii at the East-West Center, a think tank. "And I'm proud of the role—and you should be, too—that the United States has played for a quarter century in encouraging that progress."

Kerry added that Burma still had a long way to go to solve challenges such as civil war, human rights issues and constitutional change. "The United States is going to do everything we can to help the reformers in Burma, especially by supporting nationwide elections next year," he said.

During their meeting, Suu Kyi reportedly told Kerry that Burma's Union Election Commission lacked independence and would pose a problem for free and fair elections next year. The chairman of the election commission, Tin Aye, is a former lieutenant-general and a protégé of ex-junta chief Snr-Gen Than Shwe, with close ties to Thein Sein as well. Critics are worried that under his guidance, the election next year will be rigged, as it was in 2010, when the military-backed Union Solidarity and Development Party (USDP) won a landslide victory.

In April, Tin Aye promised that the 2015 election would be "systematically free and fair," but he went on to say that he wanted it to be held in "disciplined democracy style." He added, "The military MPs make up 25 percent of Parliament. To be clear, we have them because we don't want a coup."

In the past, when Suu Kyi said something, world leaders listened. Their policy reflected well on her words. But now, the situation is different. These days, Washington and other Western governments seem to need Thein Sein more, while Suu Kyi is becoming a mere symbol for the international community. Foreign diplomats aren't missing meetings with the Nobel Peace Prize laureate, but their meetings are more and more appearing as courtesy calls.

When Kerry visited Burma, he kept Suu Kyi waiting at her Rangoon home well into the night because he was busy all day in Naypyidaw, talking with the president and other government officials. When his staff called to make the appointment with Suu Kyi, they told her that he would not be free until after 8 pm, and she turned down the meeting because the time was too late. Concerned diplomats begged her to reconsider and she did, much to their relief. It would have been problematic for Kerry to leave the country without touching base with her. He could be criticized for rolling out a one-sided engagement policy with the government.

It is important to listen to both sides. Suu Kyi and other dissidents have not forgotten that top Burmese officials are skilled manipulators, that genuine democracy is not on their agenda, and that the military here still enjoys economic and political privileges. If the United States and others in the international community do not pay attention to these warnings—if they continue to court the president and the armed forces—sooner or later they will be fooled.

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‘Nationwide Ceasefire Will Happen This Year’

Posted: 20 Aug 2014 05:30 PM PDT

Nai Hong Sar, head of the Nationwide Ceasefire Coordination Team (NCCT), speaks during recent talks with government negotiators in Rangoon. (Photo: JPaing / The Irrawaddy)

Nai Hong Sar, head of the Nationwide Ceasefire Coordination Team (NCCT), speaks during recent talks with government negotiators in Rangoon. (Photo: JPaing / The Irrawaddy)

The Burmese government's Union Peacemaking Working Committee (UWPC) and ethnic rebel groups' Nationwide Ceasefire Coordination Team (NCCT) met to discuss the signing of a nationwide ceasefire agreement in Rangoon last week.

The two sides have since announced that they will convene again next month to continue efforts to draft a single-text ceasefire accord that would bring Burma one step closer to national reconciliation after decades of civil war. Following the meeting, The Irrawaddy spoke to Nai Hong Sar, the head of the NCCT, to discuss the current state of peace negotiations and future prospects for a nationwide end to hostilities between government troops and armed ethnic rebel groups.

Question: Some say the peace process has bogged down in recent months. Can you tell me what difficulties negotiators are facing and why progress appears to have slowed?

Answer: Every chapter from the single-text [ceasefire] requires a thorough discussion. It wasn't very easy to get this far either. I know what the people are saying and I understand why. I want to ask them to be patient. At this point, we don't have many difficulties left in the process.

Q: What do you think of the government's peace efforts?

A: It has been great, but the ethnic people have identical points of view, and the government side doesn't have the same opinions. It is formed of the military, Hluttaw [Parliament] and the government, so yes, I understand there could be different views. However, I have found that the recent meetings have been much improved.

Q:What were some of those differing opinions?

A: For example, the military didn't want to approve use of the word 'federal,' just as they were not fond of wording like 'equal rights' and 'self-determination.' They didn't seem to feel like amending these things.

Q: But now the UWPC has accepted the federal framework. Do you mean to say the military is not fully in support of this?

A: We will only know whether they accept this or not at the upcoming meetings.

Q: I've heard that some are worrying that the ethnic rebels will declare a revolution once the military has stopped firing. What can you say of such speculation?

A: If we don't discuss, the shots will continue to be fired. If the meeting goes well, we do not have to fight anymore. It's already been over 60 years [of conflict]. We are negotiating to cease the fire. We can ensure our word, and the government also needs to give us some guarantee [that it will honor a nationwide ceasefire].

Q: The government says everything is on the table, except anything that might compromise the integrity of the Union. How do ethnic minority groups view the issue?

A: Our ethnic rebel forces haven't asked for secession, but rather federalism and equality. If we can't have them, we will need to remain as armed rebel forces. If needed, we will secede. None of the ethnic rebel forces are looking to secede if they can get what they ask for. That's the truth.

Q: Among the government, military and Hluttaw, which party has been most difficult to negotiate with?

A: Of course, it's the military. All of them [military representatives] come here along with orders from their commander in chief. Things are a little bit more difficult since they have those orders from their superiors.

Q: Do you think a ceasefire would be durable, given that you've just now said it has been hard to negotiate with the military?

A: The Army is one of the three parties discussing it, along with the government and Hluttaw. Because they can't be divided, I think they will accept this in a very short time.

Q: Then why is there still no response from the military?

A: It's because they need time. We have a lot of things to go through precisely and thoroughly. What we have discussed so far has been very general.

Q:Do you honestly think that a genuine ceasefire can be achieved?

A: I can say that it will happen this year. But still, we haven't decided who will join and be the witnesses yet.

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Network Rejects Burma’s Imminent National Education Bill

Posted: 20 Aug 2014 05:00 PM PDT

Members of the National Network for Education Reform give a press conference in Rangoon on Tuesday. (Photo: Yen Snaing / The Irrawaddy)

Members of the National Network for Education Reform give a press conference in Rangoon on Tuesday. (Photo: Yen Snaing / The Irrawaddy)

RANGOON — A network of educational organizations has rejected a new bill approved by Parliament last month, saying it does not remove Burma's education system from central government control.

The National Network for Education Reform (NNER)—which is formed of educational, political and religious organizations—issued a statement Tuesday saying the current draft of the National Education Bill did not include many of its key recommendations. NNER has held discussions nationwide over the past two years on education reform in Burma, and said it strongly disagreed with nine key parts of the current draft.

The bill—passed by the Union Parliament on July 30, but not yet approved by the president—is meant to overhaul Burma's education system, which has suffered from underfunding and overbearing control under previous governments.

The bill calls for the formation of a National Education Commission (NEC) and a Higher Education Coordination Committee, two powerful bodies that NNER said were "not necessary" and would only preserve central government control of education.

"Universities and colleges must be autonomous and, by necessity, they may cooperate on democratic principles. For academic quality to be assured, assessments must be done by a team of independent specialists," the statement said.

Arkar Moe Thu, secretary of Myanmar Teachers' Federation, told The Irrawaddy that the NEC, which will be headed by a Union-level government official, was simply a reincarnation of previous government bodies that centrally controlled—and stifled—Burma's education system during military rule.

"They have put the NEC in the bill just to change the name," he said.

Measures in the bill guaranteeing autonomy to higher education institutions were undermined by the creation of the coordination committee, which will have ultimate control over establishing and closing universities, Arkar Moe Thu said.

"They say they will give autonomy to universities, and they want to claim that the Higher Education Department will not exist," he said.

"Then, they substitute it with Higher Education Coordination Committee, which will control the finances."

NNER said the current bill ignores calls for mother-tongue languages to be used in instruction in ethnic states, and is discriminatory in its articles dealing with children with special educational needs.

The bill also contains a definition of education that is reminiscent of Burma's authoritarian history.

"National Education is to cherish, protect and promote the essence of all ethnicities' languages, literature, culture, arts, traditional customs and historical heritage, and to nurture human resources who have good moral and character and who are able to think correctly, and education that helps state development according to the needs of the age," the bill reads.

ThuThu Mar, education policy coordinator at NNER, said the bill's definition "belittled" education and raised concerns about education serving the political system.

Thein Lwin, spokesman of the National League for Democracy's education network, said that since Basic Education schools would remain under the direct management of the Ministry of Education, central control would persist.

"It's limiting our teachers' rights and creativity like in past years," he said.

"We object to this. We want our schools to be free and democratic. We want the schools to be freely managed, in accepting students, the appointment of new teachers and in drawing up the curriculum."

The statement by NNER recommends that "the ministry rather should play the role of facilitator; the school management should be done by the respective school boards which constitute the school principal, the teachers, parents and respectable citizens."

President Thein Sein has sent the current draft of the National Education Bill back to the Union Parliament with 25 points of for further discussion. According to the Constitution, the president may send a bill back to Parliament within 14 days of its passing, but if it is approved again by lawmakers it will pass into law automatically within seven days, with or without presidential approval.

The post Network Rejects Burma's Imminent National Education Bill appeared first on The Irrawaddy Magazine.

Thai Junta Leader Appointed PM by Hand-Picked Parliament

Posted: 20 Aug 2014 09:54 PM PDT

Thai Army chief Gen. Prayuth Chan-ocha gestures in a traditional greeting during the start of a National Legislative Assembly meeting at parliament in Bangkok on Aug. 18, 2014. (Photo: Reuters / Chaiwat Subprasom)

Thai Army chief Gen. Prayuth Chan-ocha gestures in a traditional greeting during the start of a National Legislative Assembly meeting at parliament in Bangkok on Aug. 18, 2014. (Photo: Reuters / Chaiwat Subprasom)

BANGKOK — Thailand's coup leader Gen. Prayuth Chan-ocha was appointed prime minister on Thursday by a legislature he hand-picked, giving the army chief a veneer of legitimacy even while the military presses on with efforts to silence its critics.

The army seized power on May 22 in a bloodless coup following six months of sometimes deadly street protests that contributed to the ousting of Prime Minister Yingluck Shinawatra, whose populist government was opposed by the Bangkok royalist establishment.

Although Prayuth's appointment paves the way for an interim government to be set up in the coming weeks, power will remain firmly in the junta's hands. The general has said he plans to press ahead with a year of political reforms before a new election that he said will take place by late 2015.

"It is designed to give him the power to run the country according to the law. The premier position will give him legal power in the Thai governance system," Gothom Arya, a lecturer in human rights studies at Mahidol University, told Reuters.

The nomination comes as no surprise—the National Legislative Assembly (NLA) that chose Prayuth is largely considered little more than a rubber stamp parliament tasked with enacting sweeping reforms under the army's watch.

The 60-year-old Prayuth will retire as army chief in September but will stay on as head of the junta, formally known as the National Council for Peace and Order. His appointment will need to be endorsed by Thailand's king.

In the weeks leading up to the coup, Prayuth denied rumors that the military was planning to take control, but a Reuters report in May revealed the army had a plan ready that ran through various scenarios and how the military should respond.

Yingluck, the sister of self-exiled former Prime Minister Thaksin Shinawatra, had already been forced to step down on May 7, after a court found her guilty of abuse of power, but the army said its putsch to remove the remnants of her government two weeks later was necessary to restore order.

Prayuth, who was not present at Thursday's vote in the legislature, has said he will hand over power once a three-phase roadmap of reconciliation, an interim government to oversee reforms and elections is complete.

Since launching the coup, Prayuth has displayed signs of authoritarianism. A draft 2015 fiscal budget was approved on Monday in a unanimous vote, with only three abstentions by the NLA president and deputies according to convention.

"Nobody had any problem. Nobody disagreed," Prayuth said after the vote on Monday.

Australia, the United States and the European Union downgraded diplomatic ties with Thailand after the coup and Western diplomats Reuters spoke to said the appointment amounted to little more than a public relations exercise.

"The prime minister title is just a cosmetic change and the nomination is not unexpected," said one Western diplomat in Bangkok, who declined to be named.

"Prayuth is a soldier and not a democratically elected politician and Western nations will continue to press Thailand for progress toward free and fair elections. Right now, we are more concerned about Thailand's human rights record."

The army detained scores of politicians and activists following the coup. Most have since been released although the army has yet to release official figures on the total number of people summoned, detained and released.

An opposition activist has alleged she was tortured in military custody. The military has denied the allegations, which it said were "100 percent fabricated."

Thailand has been bitterly divided for years between supporters of Yingluck and her brother Thaksin, a telecoms billionaire who was himself ousted by the army in 2006, and the traditional establishment in the capital and the south.

Many of Prayuth's reform plans echo demands made by the anti-government protesters who hounded Yingluck and played a hand in her downfall. They wanted the electoral system to be redrawn to eliminate the influence of Thaksin.

Since taking power, the junta has purged many officials linked to Thaksin in the civil service and the police force.

An outspoken leader, Prayuth became commander of the First Army Region, which oversees Bangkok and the central plains, in 2006 and became commander-in-chief of the army in 2010.

Mahidol University lecturer Gothom said it was hard to predict what Prayuth would do next.

"If he doesn't respect the timing of reforms, interim government and elections then we will be in trouble," he said.

Additional reporting by Pracha Hariraksapitak.

The post Thai Junta Leader Appointed PM by Hand-Picked Parliament appeared first on The Irrawaddy Magazine.

Indian Firms Tool Up for Defense Orders on Modi’s ‘Buy Indian’ Pledge

Posted: 20 Aug 2014 09:48 PM PDT

 Indian Army's Arjun MK-I tanks (MBTs) are driven for display during the Republic Day parade in New Delhi January 26, 2014. (Photo: Reuters)

Indian Army's Arjun MK-I tanks (MBTs) are driven for display during the Republic Day parade in New Delhi January 26, 2014. (Photo: Reuters)

NEW DELHI — Some of India's biggest companies are pouring billions of dollars into manufacturing guns, ships and tanks for the country's military, buoyed by the new government's commitment to upgrade its armed forces using domestic factories.

India, the world's largest arms importer, will spend US$250 billion in the next decade on kit, analysts estimate, to upgrade its Soviet-era military and narrow the gap with China, which spends $120 billion a year on defense.

Under the last government, procurement delays and a spate of operational accidents—especially dogging the navy—raised uncomfortable questions over whether India's armed forces are capable of defending its sea lanes and borders.

Even before his landslide election victory in May, Prime Minister Narendra Modi promised to assert India's military prowess and meet the security challenge posed by a rising China and long-running tensions with Pakistan.

Within weeks of becoming prime minister, he boosted defense spending by 12 percent to around $37 billion for the current fiscal year and approved plans to allow more foreign investment into local industry to jump-start production.

Launching a new, Indian-built naval destroyer last week, Modi said: "My government has taken important steps in improving indigenous defense technology…. We can guarantee peace if our military is modernized."

This build-up comes as Southeast Asian nations expand their own defense industries, spurred by tensions with China. India, reliant on a state defense industry that often delivers late and over budget, risks being caught flat-footed.

"The opportunity is huge," said M.V. Kotwal, president (Heavy Engineering) at Larsen and Toubro Ltd, one of India's biggest industrial houses.

"We really expect quicker implementation. There are signs that this government is very keen to grow indigenization," added Kotwal, referring to increasing domestic production.

Tata Sons, a $100 billion conglomerate, said last month it will invest $35 billion in the next three years to expand into new areas with a focus on a handful of sectors including defense.

Larsen is putting $400 million into a yard to build ships for the navy, while Mumbai-based Mahindra Group is expanding a facility that makes parts for planes, including for the air force, and investing in armored vehicle and radar production.

The companies are being lured by the prospect of lucrative returns on their investments as the Modi government has pledged to make "buy Indian" the default option for future orders.

Larsen is targeting a fourfold increase in annual defense revenue to $1 billion within the next five years.

Critics of indigenization argue that producing gear—especially in the lumbering state sector—is more costly than buying from abroad. Such deals can add layers of bureaucracy, increasing risks of corrupt dealings.

Indian industry is renowned for its ability to adapt, yet questions remain whether the private sector can come up with the solutions needed to bring armed forces into the 21st century without sufficient access to world-class foreign technology.

Delays

Some companies are also skeptical of the government's commitment to grow the private market given New Delhi's history of delays and order cancelations, and the traditionally strong ties between the military and state-run manufacturers.

They cite the case of a $10 billion Future Infantry Combat Vehicle (FICV) program. Conceived in 2009, the defense ministry invited three private players and the Ordnance Factory Board, a state entity, to bid for the 2,600-vehicle contract but suddenly withdrew the letter of intent in 2012.

Bidders included Mahindra and Tata, which is developing a vehicle along with Lockheed Martin Corp and General Dynamics Corp that could compete for a future contract, said Rahul Gajare, an analyst at Edelweiss Securities.

A quick decision to relaunch the program would demonstrate Modi's resolve, said S.P. Shukla, who heads Mahindra's defense business. Past tenders have stalled amid wrangling over whether or not to allow state manufacturers to bid and under what terms.

Larsen's Kotwal said its Kattupalli shipyard in south India has yet to receive any orders for warships or submarines despite being designed to do just that and despite past government pledges to build at least two submarines in private yards.

In the meantime, the yard has switched to constructing and repairing commercial vessels.

"The policy in India has been right since 2006. The problem has been implementation," said Rahul Chaudhry, CEO at Tata Power SED, which makes rocket launchers, sensors and radars.

Local firms have captured a fraction of the Indian defense market since it first opened to private participation in 2001. Consecutive governments have handed orders to state factories or to foreign giants like Boeing, Lockheed and BAE Systems .

Gajare at Edelweiss estimates total India private sector revenues from defense, including overseas orders, at below $2 billion last year, less than 6 percent of the country's defense spending.

The post Indian Firms Tool Up for Defense Orders on Modi's 'Buy Indian' Pledge appeared first on The Irrawaddy Magazine.

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