Democratic Voice of Burma

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• Bullet Points: 1 October 2014
• Civil court to hear case of soldier who allegedly raped girl, 14
• Terror threat low, but president warns Burmese to remain vigilant
• Keep fighting, jailed student tells Latpadaung protestors
• Lower house approves Rule of Law Committee report
• Land sales plummet following Rangoon New City project suspension
• Burma budgets US$110 million for education
• Bus passengers injured in Hpa-an ambush
• Burmese fishermen escape exploitation in Indonesia

Bullet Points: 1 October 2014 Posted: 01 Oct 2014 05:20 AM PDT On today's edition of Bullet Points: Thein Sein outlines terrorist threat Burma issues foreign bank licences Child solider releases not enough for US ABSFU hit out at continuing trial of Phyu Hnin Htwe Govt optimistic on tourist numbers You can watch Bullet Points every weeknight on DVB TV after the 7 o'clock news.

Civil court to hear case of soldier who allegedly raped girl, 14 Posted: 01 Oct 2014 05:06 AM PDT A civil court in Shan State's Muse District will hear a case involving the alleged rape of an underage Kachin girl by a Burmese solider. The case is unusual in Burma because rape perpetrators are rarely prosecuted—especially in civilian courts. The 14 year-old girl from Nan Kut Village was allegedly raped by a private from an army regiment stationed nearby the girl's village on 16 May. Military courts have original jurisdiction over all cases involving armed forces personnel in Burma. However, in this case the military tribunal came under intense pressure from the media and civil society to transfer the case to a civilian court, claiming that military courts are secretive and won't deliver justice. After coming under intense pressure, the military tribunal only convicted the private of neglecting duty, after which the tribunal transferred the case to a civilian court to initiate proceedings against the solider for the alleged rape. The girl's lawyer, Daw Roi Seng, told DVB that actually the civilian district court in Muse would initiate proceedings against the solider on two charges. "We are convinced the suspect violated the penal code prohibition against rape – Article 376 – and kidnapping – Article 363. She was only 14 years-old, so this would constitute the kidnapping of a child from her guardian. There will be two charges.” According to the report filed at the Kukkhine police station, the girl was dragged by the soldier into the bushes and raped while on her way home from the market. The military court sentenced the private to one year in prison for neglecting his duties. The decision by the military tribunal to transfer the case to a civilian court was hailed by the girl's family, who is enraged by the incident. The girl's aunt told DVB that the family wants justice: "The 567th Infantry Battalion just arrived in the area on 8 April, and then on 16 May my niece was raped. I want justice!” Related Stories Lower house approves Rule of Law Committee report Burma tells UN to drop rights scrutiny Shake-up at Rights Commission doesn’t fix problem, say activists Mai Mai, a member of Shan State's Kachin Literature and Cultural Organization, is providing assistance on the case. She said the one-year sentence issued by the military court was insufficient. There have already been two civil hearings at the Muse District Court on 19 and 24 September, and the next hearing is scheduled for 2 October. A doctor from Kukkhine Township Hospital—who declined to be named—said the hospital performed a medical examination of the girl shortly after the alleged rape. In an interview with DVB, the chief judge of Shan State's civilian court system, Kywe Kywe, explained Burma's jurisdiction rules in cases involving sexual violence against children. "Regardless of whether the suspect is an adult or underage, and regardless of which organisation the suspect belongs to, he or she should be charged according to the law. But for military personnel we can't charge them in civilian courts if a military court decides to initiate proceedings against the suspect. [As civilian courts], we can only initiate proceedings against military personnel if certain legal procedures are followed and the case is transferred by a military court.” Seng Zen from the Kachin Women's Association of Thailand (KWAT) said that only three or four cases have been brought before civilian courts—despite the fact that 73 alleged rapes and/or murders were committed against Kachin women in the three years since armed conflict broke out in Kachin and Shan states in 2011. With the exception of these rare cases, KWAT member Seng Zen said that all other charges of rape and/or murder against Kachin women have been dropped after the plaintiffs were either given a small amount of money or intimidated into dropping the charges. In addition, Seng Zen said that many alleged rape and/or murder cases involving Kachin women aren't even reported or filed by the police. As for the recent alleged rape, the 14 year-old girl was heading to the market "because she is retarded and can't attend school," said Seng Zen. After the incident occurred, the girl was reportedly frightened and began to stare blankly into space, the KWAT member added. The girl's parents and KWAT are demanding that the perpetrator be charged in accordance with the law and have called on the Shan State government to consider the girl's future. The girl's father told DVB that the family filed the case because they don’t want similar incidents to happen to other girls. "The 567th Infantry Battalion committed sexual violence against my daughter. I want to say that I don’t want this type of thing to happen," he said. "We have filed the case because we want to warn people against committing such abuses in the future."

Terror threat low, but president warns Burmese to remain vigilant Posted: 01 Oct 2014 04:38 AM PDT In his monthly address to the nation on 1 October, Burmese President Thein Sein highlighted the issue of global terror in his speech. Though the president emphasised that the threat to Burma remained low, he urged all relevant institutions – the government, parliament, judiciary, security forces, police, political parties and civil society groups – to work together to protect the country from terrorism. Thein Sein's warning came following a statement by Al-Qaeda leader Ayman Al-Zawahiri broadcast on 3 September which called on Al-Qaeda to expand its jihad to India, Bangladesh and Burma. The threat was widely criticised by Burma's Islamic community, with the Burmese Muslim Association responding to the statement by referring to al-Qaeda as "morally repugnant". Nonetheless, security was beefed up in Rangoon throughout September around many of the city's religious sites. Thein Sein's radio address was the starkest warning so far by the country's president regarding the potential threat of terrorism to Burma. Related Stories 109 child soldiers released Security increased in Rangoon in wake of Al-Qaeda threat Opposition party 'did not say' it would support Shwe Mann The president also reiterated previous statements that inter-religious conflict in the country has been propagated in recent years by "opportunists taking advantage of the removal of restrictions on free speech". The communal violence which ignited in 2012 in Arakan State between Arakanese Buddhists and the Rohingya Muslim community left more than 300 dead and some 140,000 displaced from their homes. Burma's mostly Buddhist security forces have been accused of doing little to quell the violence, and in some cases have allegedly participated in attacks against Muslims. On Wednesday morning, President Thein Sein also addressed the issue of Burma's ongoing ceasefire talks, saying that "the successful implementation of the 2015 general elections and the country's accompanying political transformation is closely linked to the success of the peace process and future political dialogue." Finally, Thein Sein urged all concerned stakeholders to avoid personal, party or organisational interests, and pushed for the early conclusion of a nationwide ceasefire agreement.

Keep fighting, jailed student tells Latpadaung protestors Posted: 01 Oct 2014 04:03 AM PDT Phyu Hnin Htwe, a member of the All Burma Federation of Student Unions, was denied bail by a court in Sagaing Division on Tuesday. Speaking outside the court, the 21-year-old continued to throw her support behind Monywa villagers campaigning against the nearby Latpadaung copper mine.

Lower house approves Rule of Law Committee report Posted: 01 Oct 2014 03:18 AM PDT Burma's lower house on Tuesday announced that it approved a report written by the Committee for Rule of Law and Peace and Stability without any reservations. The parliamentary committee is chaired by Aung San Suu Kyi, a long-time advocate for establishing a society governed by the rule of law. The Rule of Law Committee's report criticised Burma's judicial system and recommended establishing an independent body to monitor the courts, which the report criticized as being subject to manipulation by Union administration officials. Although the report was approved by the lower house without reservation, several individuals criticised some of the committee's proposals. For example, when the Committee was conducting research for the report it solicited feedback from various stakeholders, and Supreme Court Judge Soe Nyunt told the Committee that forming an independent watchdog to monitor courts would interfere with judicial independence. "In democratic countries such judicial watchdogs don't exist because democratic countries value and don't interfere with judicial freedom," he said. "These countries understand that there would be no justice if the judiciary's independence was compromised. So I would like to propose approving the committee's report with a reservation that excludes the creation of an independent body overseeing the courts." Related Stories Civil court to hear case of soldier who allegedly raped girl, 14 109 child soldiers released Opposition party 'did not say' it would support Shwe Mann The Supreme Court judge also criticised certain Committee proposals, and said that foreign investment would decline if the courts lost their independence. During the lower house debate on the report, the Rule of Law Committee's secretary, Win Myint, said that one weakness of Burma's judicial system is that judges are too close to the administration. A parliamentarian from the White Tiger Shan Party, Nan Wah Nu, stressed the need for all three branches of Burma's government to work independently from each other. "People don’t like the current system because all three pillars of power support one another. For many years our country was a dictatorship and all the organs of government simply followed the military's decisions,” he said. The Rule of Law Committee summited its report on 29 September and it was approved by the lower house the following day. The Committee said it plans to establish "rule of law centers" across the country with assistance from the UN and other international donors.

Land sales plummet following Rangoon New City project suspension Posted: 01 Oct 2014 02:52 AM PDT Sales of real estate west of Rangoon have ground to a halt since the regional government suspended plans last week for a massive development project in the area, according to local property brokers. "We have gone from what was essentially a gold rush to virtually no buyers whatsoever," a property broker from Rangoon's Twante Township, Myint Oo, told DVB. "Prices increased exponentially – up to 50 or 60 million kyat (US$50-60,000) per acre –two days after the city expansion project was announced. Now there isn't a buyer in sight. It is very quiet." The property broker said that, despite the lack of demand, new land-owners are refusing to part with their land for less for the amount they paid. In August, numerous signs offering plots of land for sale were reportedly posted along Twante Highway, and several brokers began advertising their services in the area. Villagers suggested that several of the speculators "looked Chinese," and that many carried large amounts of cash to offer sellers as deposits. The rural townships that were scheduled to be affected by the city expansion included Kyi-Myin-Taing, Seik-Gyi-Kha-Naung-To and Twante, all located five to 15km southwest and west of the Rangoon River. Real estate agent Than Oo claims that the aborted project has destroyed the local property market. Related Stories BUSINESS WEEKLY 26 SEPTEMBER 2014 Mayor hits brakes on Rangoon expansion plan 38,000 squatter homes in Rangoon: Mayor pledges housing "This so-called New City project has destroyed the property market in these areas," he said. "But I don't think the cancellation will affect the property market in parts of Rangoon that have already been developed, as this market was going rather well before the suspension of the new development. Speculators may have learned their lesson about investing money in projects like this. They will be more careful in the future." But farmers within the 30,000-acre perimeter of land earmarked for the New City project – which was to include schools, commercial lots and residential buildings – say they have also been affected. In an interview with DVB, one farmer who insisted on anonymity, complained that land nearby his farm is now in the hands of brokers or silent partners, and as a result he can't make irrigation channels for his farms. Meanwhile, the biggest losers are the new buyers themselves, many of whom have spent a veritable fortune hoping to make a quick profit after the New City development was unveiled. One such buyer, U Michael, said that if the New City project had gone forward, it would have ultimately affected property prices in central Rangoon as well. "I believe the majority of buyers and sellers in Rangoon at the moment are 'influential' people," he said. "They buy up many plots and turn them over for a quick profit. But if this new development outside downtown Rangoon had been built, then prices in the city centre would have dropped substantially. Perhaps these influential people wanted the project to be rejected so that property values in Rangoon would remain high." On 22 August, the chief minister of Rangoon announced the New City project and said the contract to develop the multi-billion-dollar project had been given to a previously little-known developer. Following widespread criticism and media scrutiny of the secretive deal, the Rangoon government quickly rescinded the contract and announced that a competitive bidding process for the contract would be held. Then on Friday, 26 September, Rangoon Mayor Hla Myint suddenly announced to Burma's parliament that the controversial plan would be "put on hold", and declined to answer questions from reporters.

Burma budgets US$110 million for education Posted: 01 Oct 2014 12:52 AM PDT Burmese Education Minister Dr Khin San Yee announced last week at an educational seminar in Rangoon University that 110 billion kyat (US$110 million) is to be allocated for educational reforms. She said that the Ministry of Education will appropriate a budget for the fiscal year 2015-16 to: improve the status of schools in the border region; to set up kindergartens and preschool classes in remote areas to enforce compulsory education; and to set up digital libraries. Of recent, the government has received much flak for neglecting a crumbling education system. Education, especially in the rural areas, is in dire need of reforms, including an infrastructural upgrade, increases in teachers' salaries, and investment in adequate training facilities for teachers. Many critics and teachers within the Burmese education sector have blamed the low education budget as a leading factor in causing such a sub-standard quality of education. Political instability and civil war exacerbated the problem. In ethnic regions, conflict has frequently caused schools to close. In internally displaced persons (IDPs) camps in Arakan and Kachin, children have only minimal access to education. Related Stories Irrawaddy headmaster accused of selling off school property Naypyidaw teacher fired after discussing forced retirement with media Teacher forced to retire after attending 8-8-88 ceremony This once again widens the education gap between different communities in the country. A senior education coordinator for the IDP camps, Arlo Kitchingman, who works with Save the Children, told DVB that, with government education apparatus not in place in these IDP camps, NGOs have stepped in to provide basic emergency education to the children. Pressure has been mounting on the Burmese government to focus towards educational reforms as more and more networks have been consistently protesting the draft National Education Bill. Despite Burma being lauded as a country with a high literacy rate – 92 percent – the quality of education was severely affected during the military era. The compromised level of education affecting Burma's emergence as a global market player after opening up to international investors and trade partners was reflected in the global competitiveness report of 2014, where the country was ranked at the bottom. "Poor quality education" and "inadequate educated workforces" were listed as major hindrances to business growth. Economists and global development agencies have also pointed out that human capital must be developed within Burma to accelerate economic growth. The Asian Development Bank's assistant chief economist, Cyn-Young Park, pointed out in September that Burma will be able to "unlock its full potential" by investing and increasing its spending in education. In January this year, President Thein Sein pledged to increase the education budget from the allocated 5.43 percent to 5.92 percent for the fiscal year 2014-15. This was followed by plans to implement free middle school education in Burma.

Bus passengers injured in Hpa-an ambush Posted: 30 Sep 2014 10:41 PM PDT Two civilians were injured on Sunday when a passenger bus was hit by shrapnel from an explosive device in Myaing Gyi Ngu Village near the Karen State capital of Hpa-an. Local police officers said the device exploded as part of an ambush by the Democratic Karen Benevolent Army (DKBA) on the Burmese army's 22nd Infantry Division, which was reinforcing troops to Myaing Gyi Ngu. The incident took place near Thamanya Hill, a main DKBA stronghold, about 40km southeast of Hpa-an. "The incident occurred in Hpa-an's Wekayin Village on 28 September. There were eight people travelling in the bus when a shell landed nearby, and two male passengers were injured by shrapnel," said a local police officer, adding that the victims were being treated at hospitals in Hpa-an and Kawkareik. Saw Soe Myint, the DKBA's liaison officer in Myawaddy, confirmed that fighting had taken place in Myaing Gyi Ngu, but denied that the DKBA was responsible for the incident in which the passenger bus was hit. "There have been reports claiming the DKBA was behind the ambush that resulted in civilian injuries, but our investigation has found that the attackers were not wearing DKBA uniforms. Nevertheless, we are sad to hear about the incident," he said. Related Stories Karen rebel killed as troops clash in Pegu Images of the week Thai army on alert after Myawaddy clash On 26 September, a fire-fight broke out in Kyaikmayaw, Mon State, between DKBA and Burmese government forces, leaving one soldier reportedly injured. Saw Soe Myint said the Karen militia's leadership has been negotiating with Burmese military officers to prevent further clashes from breaking out. Despite the fact that a ceasefire between the DKBA and Burma's government forces was signed in 2011, occasional skirmishes have erupted between the two armies. Tensions were exacerbated on 19 September, when a drunken DKBA captain was gunned down by Burmese security forces in Myawaddy. The DKBA is a group of primarily Buddhist soldiers that broke away from the Karen National Liberation Army in 1994.

Burmese fishermen escape exploitation in Indonesia Posted: 30 Sep 2014 08:08 PM PDT Almost 30 Thai and Burmese fishermen facing exploitation on deep-sea fishing trawlers in Indonesian waters recently sought help from a labour rights network, said an activist. Six Thais will be the first batch of the fishermen to return to the country today, three of whom are believed to be human trafficking victims, Patima Tangpratchayakul of the Labour Rights Promotion Network Foundation (LPN) said during a seminar at Bangkok's Chulalongkorn University economics faculty. Staff from the foundation visited Indonesia’s Ambon island between 24 August and 29 August to inspect the conditions of several deep-sea trawlers and met 10 Thai and 19 Burmese fishermen who wanted to return home, she said. Some had been trafficked into forced labour aboard the fishing vessels, but were never paid. Others had been persuaded to work on a one-year contract, but were not allowed to leave once the contract had expired, said the activist. “There are several problems faced by the fishermen, including falsification of travel documents and seaman’s books. Some falsified seaman’s books had the names of Thai crewmen, but used images of migrant workers. Other workers had their documents seized,” said Ms Patima. Related Stories Few trafficking arrests for Kachin task force Families of missing fishermen to receive compensation DVB Debate: Protecting Burma’s migrants Many Thai and Burmese workers escaped the fishing trawlers after facing exploitation and abuse and became illegal workers on the Indonesian island. They took refuge on the island instead of seeking help from other trawlers as they feared they might end up being slaves on another boat, she said. After learning about their plight, the LPN worked with Thai and Indonesian authorities to help the fishermen. Burma's authorities were also contacted to help their nationals. Between 2006 and 2014, a total of 128 crew members, including 112 Burmese nationals and 16 Thais, sought the LPN’s help. In August this year, one crew member was so severely assaulted by his employer that his nervous system was damaged, causing him to lose the use of his right arm, said the activist. He received only 5,000 baht (US$160) in compensation from his employer, she added. Surachai, a former Burmese crew member who worked on a deep-sea trawler for six years, said he had been persuaded by the boat’s skipper to work aboard his trawler for one year. After a year had passed, the captain forced him to stay out at sea for another five years, the seminar was told. Abhisit Techanitisawat, the former chairman of the Deep-Sea Trawlers Association, said there were both good and bad fishing trawler skippers. The skippers who exploit and abuse fishermen had placed the Thai fishing industry in a negative light in the eyes of the international community, he said.   This article was originally published in the Bangkok Post on 1 October 2014.

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