Sunday, November 30, 2014

Democratic Voice of Burma

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Democratic Voice of Burma


Protecting profits over people

Posted: 29 Nov 2014 08:32 PM PST

Myanmar [Burma] is in the process of formulating an investment law and a land use policy that when combined will lay the foundations of development for the country. As it stands, these proposed instruments could have an adverse impact on human rights, and in particular land rights. With these texts being shaped by international financial institutions and foreign governments, the concern is that these instruments will undemocratically privilege the "rights" of the powerful over the rights of those affected by their investments.

The draft investment law would replace the Foreign Investment Law (2012) and the Myanmar Citizen Investment Law (2013), and would provide the basis for investment in the country. There was no civil society input into the draft law developed by the World Bank Group's International Finance Corporation (IFC). The draft law advances both foreign and domestic investors' interests, protecting them as "rights", but without any protective measures for the people of Myanmar.

The draft investment law would give investors the right to challenge new policies or laws in domestic courts and possibly in international arbitration. It would entitle them to full compensation if Myanmar government regulations impact their profits. International dispute resolution mechanisms potentially take important policy decisions out of the hands of elected governments and place them before an international arbitration panel. The concerns over the lack of human rights or social safeguards in this draft law are not idle fears: investment protection can generate costly disputes – some arbitral awards run into the billions of dollars. In effect, investors' interests become legally protected, while the people of Myanmar must rely on the underdeveloped national legal system that does not provide adequate access to justice.

There are a growing number of international examples where new laws and regulations passed by democratically elected governments to protect economic, social and cultural rights, such as for public health, have been challenged by foreign investors because they would decrease their profits. Myanmar lacks the legal and financial capacity to defend repeated challenges by deep-pocketed investors and may become unwilling or unable to pass stringent regulation to protect the human rights, including land rights, of the people of Myanmar.

The other new major development-related proposal is the draft National Land Use Policy (NLUP). The drafting process began as a follow-up to the 2012 land-related laws – the Farmland Law and the Vacant, Fallow and Virgin Lands Management Law – which were roundly criticised for denying land and resource rights to large segments of the population while allowing investors to legally acquire large land holdings from farmers.

In response, the draft NLUP has sought to streamline and harmonise land use management in the country on a more technically sound basis and, in some cases, to reassert the rights of more marginalised communities, especially upland cultivators relying on customary practices. Its approach to land use rights, however, is to enhance security for agribusiness investors at the expense of human rights and social justice. It refers to land use in purely economic, rather than social terms. Worryingly, like the draft investment law, the NLUP contains no reference to human rights or the terms social justice, redistribution, restitution or accountability, whereas the word "investment" appears a dozen times.

As with the process of adopting the 2012 land laws and the pending draft investment law, there was no input from civil society in the drafting of the NLUP, which was written behind closed doors by USAID. Only after the draft's completion has the Myanmar government allowed for national consultations.

Instead of the year-long process recommended by those drafting the policy, these consultations have been reduced to just two weeks, with last-minute changes that have made it difficult for civil society to prepare for engagement. With the consultations under way, it remains unclear to what extent civil society can actually influence the content of the policy, particularly its core investment-friendly principles.

This is important because land rights disputes are one of the fundamental issues Myanmar faces. Nearly half of all submissions to the Myanmar National Human Rights Commission this year deal with land disputes. None of these have been resolved adequately. People whose rights are violated lack access to effective legal remedy. Instead of promoting social justice, these draft laws and policies focus on providing remedies for investors.

It's also worth noting that any potential rights-based benefits within the proposed NLUP could be undercut by the dispute resolution mechanisms that are included in the draft investment law. For example, if the NLUP recognised upland ethnic farmers' cultivation practices and land claims, investors would be entitled to prior consultation and to sue for damages, potentially including for the loss of future profits. The draft investment law and other investment treaties could undermine the positive aspects of the NLUP, rendering it a hollow document with nothing left but its investment-friendly core.

Myanmar has a responsibility to protect human rights and the environment while upholding social justice. Any new laws and policies should be congruent with international human rights law, good governance – such as the 2012 Voluntary Guidelines for Responsible Governance of Tenure of Land, Fisheries and Forests – and international best practices pertaining to indigenous peoples, like free, prior and informed consent. In particular, development policy should ensure effective, accessible remedy for the marginalised and victims of rights abuses.

The NLUP should first address the discrepancies between protecting vulnerable peoples' land use rights and claims before creating an enabling investment environment. The draft investment law, meanwhile, must be opened for civil society consultation and debate. The results of both should ensure that the people of Myanmar are the primary beneficiaries of investment and economic development. If these mechanisms are not carefully formulated with wide-ranging input from all stakeholders, there is the dangerous potential that they will be seen as illegitimate and undemocratic, and may prove an obstacle to the progressive realisation of human rights and social justice.

Kevin Woods is from the Transnational Institute (TNI) in Burma, and Daniel Aguirre is a legal adviser with the International Commission of Jurists (ICJ) in Burma.

This article was originally published in the Myanmar Times.

The views and opinions expressed in this article are the authors' and do not reflect DVB editorial policy.

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DVB Debate: Empowering disabled people

Posted: 29 Nov 2014 07:29 PM PST

On this week’s episode of DVB Debate, the panel looks at the place of disabled people in Burmese society.

Watch as panelists discuss what first needs to change so as to ensure equality and empowerment for differently abled people in Burma.

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National News

National News


Swiss NGO to give disadvantaged a chance at hotel jobs

Posted: 28 Nov 2014 04:27 AM PST

A Swiss NGO, Swisscontact, is to train about 3000 disadvantaged people from Yangon Region and Nay Pyi Taw in the hotel trade.

Regional green growth centre to open this week

Posted: 28 Nov 2014 04:16 AM PST

Norwegian royalty will visit Yangon this week for the opening of the Center of Excellence for Greening (CoE-G), which will also house the ASEAN Institute for Green Economy.

Remote-area students to get priority at technology schools

Posted: 28 Nov 2014 04:06 AM PST

A scheme to help poor students from remote areas of the country access higher education in scientific, technical and medical fields was announced at a press conference last week.

Saturday, November 29, 2014

Democratic Voice of Burma

Democratic Voice of Burma


DVB Roadshow: The magic of Inle Lake

Posted: 29 Nov 2014 02:41 AM PST

This week, the team travels to southern Shan State to take time out on the beautiful Inle Lake.

The team experiences a day in the life of the In-tha, the sons and daughters of the lake.

Join us, as we again take you off the beaten track in Burma.

Then follow us on Facebook at facebook.com/dvb.dpdm or visit the website, dvbdpdm.com

 

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Thailand losing ASEAN fight for China trade

Posted: 28 Nov 2014 11:46 PM PST

Thailand will lose an estimated US$3.62 billion worth of trade in the Chinese market to Cambodia, Laos, Burma [Myanmar] and Vietnam over the next five years due to their better labour competency and higher manufacturing quality.

“The influx of foreign investors both from ASEAN and beyond ASEAN, such as South Korea and Japan, will help to reinforce the labour capability and manufacturing quality of those countries,” said Aat Pisanwanich, director of the Centre for International Trade Studies at the University of the Thai Chamber of Commerce.

“As a consequence, this will definitely affect existing ASEAN players, particularly Thailand.”

ASEAN members have a 10 percent market share of trade in China valued at $250 billion a year. Among ASEAN, Thailand is now second only to Malaysia in the Chinese market, with a 1.95 percent share.

In 2019, ASEAN’s market share in China is expected to grow to 11 percent, with China’s trade amounting to $2 trillion. During the period, Thailand’s market share is forecast to grow to 1.97 percent, but the nation’s ranking is projected to slip to fourth place, as Indonesia and Vietnam are expected to overtake Thailand in 2019.

According to the latest study on Thailand’s product competitiveness against ASEAN in the China market between 2015 and 2019, Thai products that are expected to become less competitive include rice, fishery products, textiles and apparel, shoes, gems and jewellery, electrical appliances and electronics.

Products with promising prospects are rubber and rubber products, tapioca, fruits and processed food.

ASEAN and China agreed to launch negotiations for an ASEAN-China Free Trade Area (ACFTA) in November 2001.

In the following year, ASEAN and China signed the Framework Agreement on Comprehensive Economic Cooperation, with the intention to strengthen and enhance economic, trade and investment co-operation; progressively liberalise and promote trade in goods and services as well as create a transparent and liberal investment regime; explore new areas and develop appropriate measures for closer economic co-operation; facilitate more effective economic integration of the newer ASEAN member states; and bridge the development gap among parties.

The Agreement on Trade in Goods was signed in 2004 and implemented on 1 July 2005 by ASEAN members and on July 20, 2005 by China. Under this agreement, the six original ASEAN members and China have to eliminate tariffs on 90 percent of their products by 2010, while Cambodia, Laos, Burma and Vietnam have until 2015 to do so.

According to Mr Aat, Thai exporters and authorities need to conduct more in-depth studies of China’s market and its consumers’ demands, tastes and consumption behaviour in each province, set up distribution centres in key cities and maintain the standard of Thai products.

This article was originally published in the Bangkok Post on 26 November 2014.

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Burma’s digital present and future

Posted: 28 Nov 2014 08:49 PM PST

The terrain of Burma's Internet has changed fundamentally within the space of a year. But amidst the commotion over the recent launches of the first international-led private mobile phone networks inside Burma, other significant changes have gone relatively unnoticed.

In the space of a year, the size of Burma's domestic Internet – the number of companies and organisations who are hosting websites inside the country – has tripled. In September 2013, the number of locally hosted websites or "domains" was 300. By September 2014, the number had jumped to 900 and by November it had surpassed 1,000.

From a performance perspective, the rise of local sites is a boon for users inside the country. Locally hosted websites load and open more quickly than websites hosted abroad, as the digital information does not have to cross Burma's notoriously underdeveloped international Internet infrastructure. Moreover, the jump in local domains is indicative of the rise of a small but real and growing Internet economy in Burma, as locally hosted websites need local companies to put ("host") their sites online and programmers to build those sites.

Relatively speaking, the size of Burma's domestic Internet is still tiny but the explosive growth and importantly, who is a part of it, also speaks magnitudes about the changing business landscape in the country.

The growing number of Burmese tech startups, local non-tech companies who are finally going online, and Burmese government offices who are hanging out digital shingles for the first time, are contributing to the rise in sites. But the larger number of locally hosted sites is also a digital reflection of the fact that 2013 and 2014 have set records for Foreign Direct Investment in Burma. And international companies moving into Burma are setting up local web presences.

There is a common but slightly misguided assumption that mobile phone services by themselves are a relatively simple way for an underdeveloped country to leapfrog into a connected future. But, any mobile service or "last mile" technology (eg. wiMax, fiber to the home, etc) is restricted by the state of the underlying telecommunications infrastructure. In Burma's case, new mobile phone users and new towers are connecting to a sparse and decaying fiber network that is already beyond capacity.

Coca–Cola, which re-entered Burma in 2012, has a registered and locally hosted .mm domain name, although their website is not yet operational. Japan's Mizuho Bank, one of nine Foreign banks awarded a preliminary license to open a branch this past September, is in the same boat.

Car manufacturers Mercedez Benz and Mazda have new showrooms in Rangoon and new local online portals. And public facing websites are the not the only ways foreign companies have been registering a digital presence in Burma. The large Japanese mining and construction equipment company Komatsu, which according to reports has been operating in the country since earlier in the year has no website but has a registered .mm email server.

But the domain names that have been registered in the absence of any formal announcements regarding plans to enter Burma may eventually speak the loudest. Noteworthy newcomers include: 7-eleven.com.mm and Foodland.com.mm

When reached for comment, spokespeople for both convenience store giant 7-11 and Foodland, which operates large grocery stores in neighboring Thailand, said they currently had no plans to set up franchises in Burma.

Ooredoo and Telenor launched their new mobile services in August and September respectively.

Just like individuals connect to their Internet Service Providers at home to go online, large telecommunication companies have to connect to their global Internet service providers to link into the worldwide Internet.   The more redundancy one has in fiber infrastructure, the more stable one's Internet will be. Similarly, the more redundancy one has in global service providers, ie. the more diverse providers a company has, the more stable that company's service will be (to a point). Because if one connection to one provider goes down, there are others to rely on.

Telenor currently has four consistent providers. MPT has six, although they are known to oddly change at random intervals. Ooredoo has just one global service provider. On Sunday, connections to 2 of the country's global service providers went down. And one of those was Ooredoo's only connection to the worldwide Internet; the company and customers were left completely in the dark. (The company did not respond to requests for comments on their choice to use only one provider.).

Since Telenor and Ooredoo opened for business, SIM card prices in Burma have plummeted from US$150 to $1.50 and customers have marveled at the ability to call internationally. But many have also complained about occasionally spotty, slow, and at times non-existent Internet and mobile services.

Generally speaking, Ooredoo, which launched first, has had noticeably more problems, problems that sub-contractors in the tower industry say were also inevitable given their choice to start their service with so much unfinished tower construction.

"We have faced operational challenges rolling out the fiber which has resulted in delays, but international fiber connectivity is still critical for our ability to grow our subscriber base and provide good internet connectivity."

There is a common but slightly misguided assumption that mobile phone services by themselves are a relatively simple way for an underdeveloped country to leapfrog into a connected future. But, any mobile service or "last mile" technology (eg. wiMax, fiber to the home, etc) is restricted by the state of the underlying telecommunications infrastructure. In Burma's case, new mobile phone users and new towers are connecting to a sparse and decaying fiber network that is already beyond capacity. (So much so, that since Telenor and Ooredoo went online, Internet Service Providers in Burma have simply stopped offering new fixed-line Internet connections.)

For Telenor and Ooredoo to be able to provide the capacity and redundancy needed for stable service, many across the industry point out that the companies need to be as involved with putting up towers and tower equipment as they are with building more long-haul domestic and international fiber links.

Although Ooredoo has taken a starring role with regards to eye-catching marketing and corporate service responsibility initiatives, the company has also declined to even acknowledge any plans to beef up infrastructure.

Telenor's spokesperson Hanne Knudsen confirmed that Telenor is in the process of building new fiber lines; Knudsen declined, however, to say when they would be ready and where their eventual international connections might go.

For now, she says that Telenor is "leasing capacity from MPT [Myanmar Post and Telecommunications] on their cables to China and Thailand and are buying capacity from the border for the international connectivity." At the borders, Telenor, like Ooredoo and MPT, are paying for bandwidth on terrestrial cables into Thailand and China, as well as on the country's only subsea Internet cable, SEA-ME-WE 3.

Knudsen says, "We have faced operational challenges rolling out the fiber which has resulted in delays, but international fiber connectivity is still critical for our ability to grow our subscriber base and provide good internet connectivity."

Julian Rawle is a consultant in the subsea fiber-optic cable industry who first came to Burma to speak at the Myanmar Connect telecoms conference in 2013. He says, "The mobile operators can see that everyone's going to want to sell them international connectivity, so they want to get their networks up and running, and they'll discretely go out and work out the best way to provide the international connectivity that they're going to need."

And new international connectivity may already on the way.

In March of this year, MPT signed a construction contract to bring a new high-speed undersea cable to Burma. The South East Asia-Middle East-Western Europe 5 or SEA-ME-WE 5 consortium cable is projected to be completed and operational sometime in 2016.

Rawle is no longer just a bystander in what may now be more appropriately referred to as the Burmese telecoms race. He was so entranced by the liberalisation and potential in the telecom market on his visit in 2013 that he returned to the 2014 Myanmar Connect conference with a potentially game-changing proposal.

He is now working with Campana, a Singapore-based Burmese firm, to bring a private subsea Internet cable to Burma. Dubbed the "MYTHIC" Cable, the undersea fiber-optic span would plug Burma into a well-connected region in northwest Malaysia and also include a branch into Thailand for extra redundancy.According to Rawlethey have funding to start a feasibility study and to make their initial down payment on a supply contract in early 2015.

Although in the submarine cable business nothing is considered guaranteed until boats are in the water laying cables, the MYTHIC Cable has started to hit necessary milestones and Rawle projects that it will be operational "sometime in 2016, before SEA-ME-WE 5". And there are whispers in the breeze of another private cable initiative, as well.

Consortium cable systems like SEA-ME-WE 3 or SEA-ME-WE 5 span large distances and connect numerous countries, but private cables can be implemented much more quickly and importantly for Burma, the advent of a competitive non-MPT funded cable could dramatically alter the cost of data in the country.

Currently, the price for bandwidth from Rangoon to the Thai border is more than double the price of bandwidth on the Thai side. As the owner of the only operational fiber network connecting Burma to the international Internet, MPT can charge a premium and does. The introduction of a competitive private cable would drive down bandwidth prices and consumers would feel the difference in their wallets.

Doug Madory who monitors the Internet for Dyn Research (formerly Renesys) says, if I were Myanmar, "I would take the private cable that connected me and run with it as soon as I can get it. If SEA-ME-WE 5 shows up and also offers great stuff, great. But, I think they would want to jump at getting a dedicated connection."

Once up and running, any new international cable will upend the Internet experience in Burma. Because of dramatic advances in the technology of undersea fiber optic cables since Burma's only undersea cable SEA-ME-WE 3 was built in 2000, a new undersea fiber connection will dissolve current constraints on international bandwidth and fundamentally alter the speed of the Internet. Moreover, analysts think that the advent of a new international undersea cable would spur rapid investment and growth in needed domestic infrastructure, much like it did in Africa.

In fact, earlier this month China Unicom reported that it finished building a domestic fiber line from the Chinese border town of Ruili through the large cities into Ngwe Saung; the new fiber-optic cable was built in anticipation of SEA-ME-WE 5, which is expected to land in the ocean town.

And other Internet "saviours" may soon be on the way.

In late October, the government finally issued long-awaited rules and regulations on how to apply for telecom licenses. Edwin Vanderbruggen from the law firm VDB Loi says that the Monday after they were issued, applicants for the new licenses were spilling out of the building in Naypyidaw.

"It was almost comical," he said, but added that it just goes to show how strong the interest is in the telecoms sector. People in line were turning in applications to build fiber optic cables, construct Internet satellites, start new Internet Service Providers, and there were even people "who think they'll get the same kind of license like Telenor and Ooredoo," he said. Competition is just heating up. "It doesn’t stop with Ooredoo and Telenor. There’s much more coming."

The biggest stumbling block to Burma's connected future may now be antiquated and unpredictable financial regulations that are hindering cross-border finance. But almost regardless, Burma's digital future and the race to be a part of are just taking off.

 

Naomi Gingold is a freelance journalist based in Rangoon who frequently writes about technology. You can read more from here at: naomigingold.com

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The Irrawaddy Magazine

The Irrawaddy Magazine


The Irrawaddy Business Roundup (Nov. 29, 2014)

Posted: 28 Nov 2014 05:00 PM PST

Burma Is Still an 'Extreme Risk' for Business Investment, Survey Says

After all the investment hype showed on Burma in recent years, with the Southeast Asian nation dubbed Asia's last "frontier market," the country has failed to make a top 10 slot in a new survey of the world's best investment prospects.

Instead, the 2015 Growth Opportunities Atlas produced by business risk analysts Maplecroft has listed Burma as an "extreme risk" location for foreign investors.

"Despite advances in encouraging foreign investment, [Burma] remains among the world's most difficult countries in which to establish a business, ahead of countries including Guinea, Somalia, Angola, Congo and Venezuela, all of which are considered 'extreme risk,'" Maplecroft said.

But nine of the top 10 best places to invest next year are in Asia, the British assessors said, and include China, Malaysia, Sri Lanka, South Korea, Hong Kong, Vietnam, Singapore, the Philippines and Indonesia.

"A combination of prudent fiscal and monetary policies, rapid gains in education and digital inclusion and favorable demographics, including higher proportions of working age adults, have provided a solid base for the [top] economies to advance steadily up the global income and value chains," Maplecroft said.

In Asia, only North Korea is also ranked as an extreme risk for business in the survey.

Chinese State Firm to Help 'Strengthen' Burma's Oil & Gas Industry

China National Petroleum Corporation has signed an agreement with Burma on "expanding oil and gas cooperation."

"CNPC and [Burma] will strengthen communication in energy policies, technology, oil and gas projects and trade, in order to seek for more cooperation opportunities to promote the development of [Burma's] oil and gas industry," a report by Oil and Gas Technology magazine said.

"The two sides will deepen cooperation in oil and gas exploration and development, refining, and chemicals, and carry out preliminary studies on natural gas utilization and refinery construction projects."

CNPC is the majority owner of two controversial oil and gas pipelines built through Burma into China's neighboring Yunnan province. The oil line is a conduit for crude oil shipped from the Middle East and Africa to a specially built terminal at Kyaukphyu on Burma's west coast.

Chinese companies were not among the foreign businesses that won licenses earlier this year to develop 20 offshore oil and gas blocks off Burma's coast.

The CNPC cooperation agreement was signed with Naypyidaw's Ministry of Energy.

Major Japanese Banking Group Teams Up With Burma Bank

Resona Holdings of Japan is joining up with Rangoon's Myanmar Apex Bank to provide banking services for Japanese firms operating in Burma, a report said.

Resona is Japan's fourth largest lender with more than 600 retail branches spread among three banks.

Myanmar Apex Bank was established only four years ago and is part of the Eden Group Limited. It has 47 branches in Burma.

"[Resona Holdings] can provide management systems for bank branches, technical skills for operating retail banking business, and other banking services," Mizzima news quoted Resona's president, Kazuhiro Higashi, as saying.

"The collaboration will help to service Japanese companies looking to borrow in the local currency," Mizzima said, quoting a joint statement by the banks.

Burma's Progress to Market Economy in Danger 'If Reforms Slow Down'

Burma's transition from a state-controlled to market-based economy "poses significant risks," a financial study said.

"If reforms lag and financial markets are not liberalized, the government will be handicapped in effectively financing its deficits. Lagged reforms or sustained pressures on [Burma's] current account would lead to faster depreciation of the kyat," said Mantis, a Netherlands economic forecasting company specializing in frontier markets.

"If recent reforms are successful and [foreign direct investment] remains strong, then appreciation of the kyat is possible."

Mantis said more action was needed by the Naypyidaw government to establish market-based monetary and financial systems, which are necessary to "maintain the momentum."

The study forecast that Burma's kyat will follow a gradual depreciation path in line and inflation will remain in the upper single digits.

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‘Myanmar Needs to Talk About How to Deal With Its Past’

Posted: 28 Nov 2014 04:00 PM PST

Matthew Bugher is the Global Justice Fellow at Harvard Law School. (Photo courtesy of Matthew Bugher)

Matthew Bugher is the Global Justice Fellow at Harvard Law School. (Photo courtesy of Matthew Bugher)

A report released earlier this month by Harvard University's International Human Rights Clinic lays out damning allegations accusing three senior Burmese generals of war crimes and crimes against humanity.The three men, including current Home Affairs Minister Lt-Gen Ko Ko, still hold senior positions in Burma's quasi-civilian government, prompting questions from some quarters about President Thein Sein's reformist credentials.

The report is the product of a three-year investigation by the clinic that found sufficient evidence for the issuance of arrest warrants by the International Criminal Court. The clinic's work focused on a Burma Army offensive in eastern Karen State from 2005-08 that displaced more than 40,000 civilians, many of whom were subject to a variety of human rights abuses at the hands of soldiers.

Matthew Bugher, the report's principal author, spoke with The Irrawaddy about the clinic's findings and their implications for transitional justice in Burma, officially known as Myanmar, even as some of the alleged abuses continue to be reported in other conflict theaters.

Question: Why did you release this report, and why did you decide to release it at this time?

Answer: There were a number of reasons, and ultimately we thought that our memo represented a positive contribution to discussions about reform and transition in Myanmar. One of the reasons that we thought this needed to be public was that current commanders need to know that they could also be held to account and that the human rights community is committed to ensuring that we identify perpetrators and ensure that they're held accountable for abuses.

We also believe that there are longstanding military policies and practices that are still being implemented. And we believe that human rights issues are not being discussed enough in conversations about transition in Myanmar and that this transition will be stunted unless it addresses human rights abuses.

And finally, we think that the people of Myanmar need to have a conversation about how to deal with the past. These abuses that we documented are very serious concerns for the Karen population, and people throughout the country have similar concerns. Ultimately we hope that this memo will draw attention to those issues and help facilitate those conversations.

Q: Since the report's release, have you seen signs that those conversations are happening?

A: Sure, there's been a lot of media coverage about the report, and we've seen indications that there are conversations about these things. Sometimes they're very hard conversations and people don't always agree, but we are happy that people are talking about this.

I would also note that the government's response was that both sides of the conflict might have committed human rights abuses. We would go one step further and say both sides have committed human rights abuses, but that acknowledgement by the President's Office is a positive step; that 'yes, human rights abuses are occurring.'

I think we have a fundamentally different perspective on how to approach that fact: We believe that this needs to be talked about openly and that accountability is part of the solution and the government's rhetoric is saying that now is not the time to address these things.

Q: As your report states, 'abuses occurred on both sides of the conflict.' Why did you limit your inquiry to abuses perpetrated by the Burma Army?

A: When we began this investigation, it was a very different context in Myanmar. The Human Rights Clinic had previously published a report called 'Crimes in Burma,' and that was in 2009, which called for the creation of a UN commission of inquiry to look into international crimes that had occurred in Burma. The genesis of this current project was an endeavor to show that you could actually build a criminal case against individual perpetrators. And whereas a run of the mill human rights report would take a bird's eye view of a conflict and look at all the elements, building a criminal case is something different, where you actually try to establish evidence that's related to specific perpetrators. And that's what we're setting out to do.

Q: You've said that because Burma is not party to the Rome Statute, any International Criminal Court case would involve UN Security Council involvement. Can you talk more about that?

A: For a case to go before the International Criminal Court, there's a political process. Because Myanmar is not a party to the Rome Statute, for a case to move forward in relation to Myanmar would require UN Security Council action. And that would include having to get past the veto powers of the permanent members of the Security Council.

We have decided not to get involved in that political conversation. What we're trying to do is give the people of Myanmar and the human rights community the evidence they need to have this conversation. International justice is one way to address the kinds of abuses that we documented, but there are other ways: domestic prosecution, a truth commission, documentation efforts by civil society, removal of perpetrators from office. There's a lot of ways to address these kinds of abuses. International justice is one option and I think it's something that people should be talking about, but we are not going to be the ones to make a statement on which particular path Myanmar should take.

Q: You met Burma's deputy defense minister last week. What was his reaction to the report?

A: First of all, I would say the fact that I was able to have a meeting with the deputy minister, who is an active duty military officer, is a very positive sign. Years ago we wouldn't have been able to get that meeting.

That said, on the particular findings of our memo and our investigation, we didn't come to agreement. He thought that our findings were one-sided and were inaccurate, and so on the specific issues that I raised, including military policies and practices, the specific facts of what happened in 2005 and 2006, and what should happen about accountability, we disagreed on all of those things.

Q: You've called for further investigation into the allegations laid out in the report; was there any indication that the government would consider taking this task upon itself?

A: We have not seen any indication that the government plans to investigate these things. The Myanmar National Human Rights Commission has a mandate that could include looking at these things, and we would encourage them to do that, but we haven't seen any signs that this is going to happen soon. Our recommendation for further investigation is not only to the Myanmar government. We think that there's a role for civil society to play, for ethnic groups to play, for human rights community to play, for the international community. And we're encouraging all parties to begin a conversation about Myanmar's past and about accountability for ongoing abuses.

Q: Aung San Suu Kyi has herself said that she is not interested in pursuing legal action against members of the former junta. How do you explain your clinic's divergence with her on this issue?

A: We understand that there are opinions, including Suu Kyi's opinion, that now is not the time to take legal action against individuals who perpetrated crimes in the past. And we think that's an opinion that needs to be heard. What we're concerned about is that that's the dominant opinion being heard, at the expense of voices of a lot of other people who have different opinions.

I've spoken with more than 100 individuals who've had their lives destroyed or [have been] displaced by military conflict, and that's a drop in the bucket. There are thousands of communities like the one that we've worked in and millions of people who've had their lives disrupted by armed conflict. Their opinions are much different than Suu Kyi's, and I believe that their opinions are not being heard enough right now.

Q: These three men presumably are not the only government leaders who could be tried for the crimes you allege. Do you think there is a fear that any prosecution of these men could open a kind of Pandora's Box, setting a precedent that people still in power don't want?

A: I don't know whether that fear exists or not, I haven't spoken to people that would be in a place to tell me whether they're fearful or not. What we do say is that there needs to be wider investigation. These three individuals are not the only ones that could be held accountable for similar things.

Q: Have you been in contact with groups in Kachin and northern Shan states about government offensives over the last few years there? Is a similar pattern playing out against those populations?

A: To be clear, the clinic has not investigated military conduct in the northern part of the country. But we're very closely reviewing reports that are coming out of that area and speaking with people who have done research in those areas, and we're concerned about the reports of attacks on villages, opening fire on villagers as they flee, torture, sexual violence, the use of civilians as human shields and forced labor. The patterns of violence and human rights abuses that we're seeing in Kachin State and Shan State are strikingly similar to the abuses that we documented in the eastern part of the country in 2005 and 2006.

Q: What are some of the risks associated with this report's release?

A: Certainly there are those who are saying now is not the time to be presenting information like this, but we believe that this memo and other human rights reporting are the kinds of things that will help drive forward reform. I think those who are saying that this is a risky endeavor, those concerns are overblown. What we're trying to do is support reform efforts.

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Bhopal’s Toxic Legacy Lives On, 30 Years After Industrial Disaster

Posted: 28 Nov 2014 03:45 PM PST

A victim of the Bhopal gas tragedy, a gas leak from a Union Carbide pesticide plant that killed at least 3,500 people, attends a sit-in protest in New Delhi November 10, 2014. (Photo: Reuters)

A victim of the Bhopal gas tragedy, a gas leak from a Union Carbide pesticide plant that killed at least 3,500 people, attends a sit-in protest in New Delhi November 10, 2014. (Photo: Reuters)

BHOPAL / NEW DELHI, India — Beyond the iron gates of the derelict pesticide plant where one of the world's worst industrial disasters occurred, administrative buildings lie in ruins, vegetation overgrown and warehouses bolted.

Massive vessels, interconnected by a multitude of corroded pipes that once carried chemical slurries, have rusted beyond repair. In the dusty control room, a soiled sticker on a wall panel reads "Safety is everyone's business."

On the night of Dec. 2, 1984, the factory owned by the US multinational Union Carbide Corp accidentally leaked cyanide gas into the air, killing thousands of largely poor Indians in the central city of Bhopal.

Thirty years later, the toxic legacy of this factory lives on, say human rights groups, as thousands of tonnes of hazardous waste remains buried underground, slowly poisoning the drinking water of more than 50,000 people and affecting their health.

Activists want this waste removed and disposed of away from the area, and feel Indian authorities, who now own the site, have fumbled on taking action—either by clearing up the waste itself or in pursuing Union Carbide to take responsibility.

"There is a very high prevalence of anemia, delayed menarche in girls and painful skin conditions. But what is most pronounced is the number of children with birth defects," said activist Satinath Sarangi from the Bhopal Medical Appeal which runs a clinic for gas victims.

"Children are born with conditions such as twisted limbs, brain damage, musculoskeletal disorders… this is what we see in every fourth or fifth household in these communities."

Sarangi admits there has been no long-term epidemiological research which conclusively proves that birth defects are directly related to the drinking of the contaminated water.

Toxic Water

Built in 1969, the Union Carbide plant in Madhya Pradesh state was seen as a symbol of a new industrialized India, generating thousands of jobs for the poor and, at the same time, manufacturing cheap pesticides for millions of farmers.

Fifteen years later, 40 tonnes of Methyl Isocyanate gas was released and carried by the wind to the surrounding densely populated area, and the extent of the disaster remains unclear and under debate.

The government recorded 5,295 deaths, but activists claim 25,000 people died in the aftermath and following years.

Another 100,000 people who were exposed to the gas continue to suffer today with sicknesses such as cancer, blindness, respiratory problems, immune and neurological disorders. Some children born to survivors have mental or physical disabilities.

While those directly affected receive free medical health care, activists say authorities have failed to support those sick from drinking the contaminated water and a second generation of children born with birth defects.

In a rehabilitation centre run by the charity Chingari Trust, located 500 meters from the factory site, disabled children aged between 6 months and 12 years gather for treatment which ranges from speech and hearing issues to physiotherapy.

"Our life changed emotionally and physically since we got to know about his medical problem when he was just 4 months old," said 26-year-old Sufia, sitting on a mat on the floor, cradling her two-year-old son Mustafa who has cerebral palsy.

"We had to stop the therapy when he was 8-months-old as it was very expensive. My husband is an electrician and doesn't earn much. With the center it is good as it's free. It's also good to meet other mothers with their children and realize that I am not alone."

Call For Clean-Up

The government was forced to recognize that the water was contaminated in 2012 when the Supreme Court ordered that clean drinking water be supplied to some 22 communities living around the factory site.

"I don't think there is any doubt now that the waste dumped by Union Carbide is a serious problem and that it needs to be dealt with urgently," said Sunita Narain, director of the Delhi-based think-tank Center for Science and Environment.

Studies by Narain's organization in 2009 found samples taken from around the factory site contained chlorinated benzene compounds and organochlorine pesticides 561 times the national standard.

The profile of the chemicals found in samples from within the site matched the chemicals in drinking water in the outside colonies, said the report, leaving no doubt that there could be no other source of these toxins than Union Carbide.

Studies since have confirmed water pollution, but the hazardous waste remains in pits in some 21 locations within the 68-acre site and buried in a wasteland outside, largely due to wrangles between authorities and activists on its disposal.

The United Nations this week welcomed a government decision to reconsider the official figure of people affected by the gas leak, and look into additional compensation, but pressed authorities to get rid of the toxic waste.

"New victims of the Bhopal disaster are born every day, and suffer life-long from adverse health impacts," said Baskut Tuncak, UN Special Rapporteur on human rights and toxic waste.

"Without cleaning the contamination, the number of victims of the toxic legacy left by Union Carbide will continue to grow, and, together, India's financial liability to a rising number of victims," he added in a statement.

Activists want Union Carbide, which was taken over by Dow Chemical Company in 2001, to take the waste out of the country, saying there are no adequate facilities in India to deal with it. They have also criticized state authorities for not pursuing the corporation for the clean-up. State government officials were not immediately available for comment.

Seventeen people living around the plant have filed a petition in the US courts to get the multinational to bear the cost of the clean-up.

Dow Chemical Co. has long denied responsibility, saying Union Carbide spent US$2 million on remediating the site, adding that Indian authorities at the time approved, monitored and directed every step of the clean-up work.

Union Carbide was sued by the Indian government after the disaster and agreed to pay an out-of-court settlement of $470 million in damages in 1989. The company says the Indian government then took control of the site in 1998, assuming all accountability, including clean-up activities.

"While Union Carbide continues to have the utmost respect and sympathy for the victims, we find that many of the issues being discussed today have already been resolved and responsibilities assigned for those that remain," Tomm F. Sprick, Director of Union Carbide Information Center, told the Thomson Reuters Foundation in an email.

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Friday, November 28, 2014

Democratic Voice of Burma

Democratic Voice of Burma


DVB Bulletin: 28 November 2014

Posted: 28 Nov 2014 04:24 AM PST

On tonight's bulletin:

  • Suu Kyi responds after talks fail to come about
  • UK Foreign Office urged to revisit Burma sanctions
  • Amnesty International sound the alarm on Latpadaung
  • Kachin CSOs at odds with state govt over Manaw celebrations

You can watch DVB Bulletin every weeknight on DVB TV after the 7 o'clock news.

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88 Gen leader Hla Myo Naung, passes away, aged 47

Posted: 28 Nov 2014 03:42 AM PST

Prominent pro-democracy activist and 88 Generation Peace and Open Society (88GPOS) member Hla Myo Naung passed away on the morning of 28 November at Thingangyun Hospital in Rangoon.

Hla Myo Naung, 47, died the day after he was admitted to the hospital with a severe liver condition.

Fellow activist and 88GPOS member Min Zayar said Hla Myo Naung had been chronically ill but his sudden death came unexpectedly.

"The main cause of Hla Myo Naing's death was cirrhosis of the liver but he was also suffering from various other illnesses and it was already too late by the time he arrived at the hospital," he said.

"He came to my house about a week before he was admitted to the hospital. We expected he would need to undergo long-term treatment. But now he's gone."

Hla Myo Naung was born in the town of Kyaukpadaung near Mandalay. He studied law at Rangoon University and participated in the 1988 student demonstrations, after which the activist was sentenced to five years in prison by the military regime which took power in 1989.

After being released from prison, Hla Myo Naung and other 88 Generation student leaders were sentenced to 65 years' imprisonment for participating in demonstrations against the fuel price hikes, which preceded the so-called "Saffron Revolution" in 2007.

"Hla Myo Naung was a student leader who worked hand in hand with us since the student protests in March 1988. He was a longtime participant in the fight for democracy and the eradication of Burma's military dictatorship. We will always remember Hla Myo Naung for his self-sacrifice and hard work," said Min Zayar.

In an interview with DVB, 88GPOS leader Mya Aye said, "Hla Myo Naung was with us since we were jailed in 1989, and together we made it through those difficult years."

"Back then, his family was wealthy, but by the time he passed away Hla Myo Naung had no possessions whatsoever aside from his legacy as a self-sacrificing leader. I will always remember and respect him as a close friend, as well as a comrade."

Hla Myo Naung's funeral will be held on 30 November at the Yeway Cemetery in Rangoon.

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Suu Kyi reiterates call for dialogue after sexpartite talks flounder

Posted: 28 Nov 2014 03:34 AM PST

Burma's opposition leader Aung San Suu Kyi continued to call for dialogue between herself, the government and other major political players despite the abrupt cancellation of a scheduled meeting on constitutional reform set for Friday in Naypyidaw.

Speaking at a press conference, she said, "We want to address the concerns of those who insist there is no need to amend the Constitution. That is why we proposed the sexpartite talks. We want to identify their concerns and ask which articles they do not wish to amend.

"We aim to exchange points of view to clarify these concerns, and find common ground where we can reach a mutual agreement. That's why we believe dialogue is necessary."

The National League for Democracy chairperson also told reporters: "As for dialogue, the quicker it happens, the better it will be for the people. The slower [the process takes], the more people will suffer. I cannot comprehend at all why the government does not want to engage in dialogue, because a dialogue is not a competition for victory over one another."

She added that one should not enter into dialogue as a way of winning, but to do what is best for the country.

The cancelled meeting was scheduled to bring together Suu Kyi, President Thein Sein, military Commander-in-Chief Snr-Gen Min Aung Hlaing, house speakers Shwe Mann and Khin Aung Myint, and Arakanese politician Aye Maung as a representative of ethnic political parties.

On Thursday, Burma's Information minister Ye Htut appeared to signal the government's unwillingness to sit for negotiations on the Constitution with Suu Kyi, deeming the proposed six-way talks "impractical", according to a reported interview with Radio Free Asia (RFA).

"From our point of view, I don't think it [constitutional dialogue] can happen at this time as there are significant differences in our ways of approach," he was reported saying on RFA Burmese. "The standpoint of our approach is institution-wise and the approach considered by Daw Aung San Suu Kyi and the parliament is based on individuals. And at the meeting yesterday, it was said that it would be impossible to appoint just one representative for all ethnic parties because Burma has such a diverse range of ethnicities, and that the appointment should not be made by parliament but by the ethnic parties themselves. So based upon these points, we think the idea of the sexpartite dialogue is not quite close to reality."

 

 

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BUSINESS WEEKLY 28 NOVEMBER 2014

Posted: 28 Nov 2014 02:23 AM PST

 

Ups and downs

The Burmese kyat was selling on Friday at 1037 to the US dollar, while buying at 1025. The price of gold stands at 660,000 kyat per tical. Fuel prices remain constant: petrol 820 kyat; diesel 950 kyat; octane 950 kyat per litre.

 

Foreign investors invited to consider SEZ projects

International investors have been invited by the Myanmar Investment Commission to signal their interest in three of Burma's upcoming special economic Zones: Thilawa, Dawei  and Kyaukphyu. At the 11th ASEAN Summit on 12 November, the secretary of the MIC , Aung Naing Oo, extended the offer to the foreign delegations present and stated that the first priority for investors should be labour-intensive industries, followed by value-added and hi-tech sectors.

 

Garuda Airlines and MAI sign code-sharing agreement

Indonesia's Garuda Airlines signed a code-sharing agreement with Myanmar Airways International (MAI) on 25 November as part of efforts to boost economic ties between Burma and Indonesia. The deal takes effect in December 2014 and will connect passengers to and from Rangoon and Jakarta via Bangkok and Singapore airports. Around 55,000 people have travelled between Burma and Indonesia for business and sight-seeing, said Sithu, the managing director of MAI.

 

China Burma sign US$ 7.5 billion deal

China signed a US$ 7.8 billion investment deal with Burma during Premier Li Keqiang's visit to Naypyidaw during the recent ASEAN summit. With a major portion of the investment focusing on the energy sector, the deals also extended to include the agriculture, telecommunications and infrastructure sectors. Chinese investment in Burma stood at $14 billion out of a total $50 billion foreign investment.

 

Foreign residency applications considered

Burma's Ministry of Immigration and Population has indicated that a permanent residency system for foreigners will be launched in the first week of December. It will reportedly enable foreigners to apply to stay in Burma for five years with possibilities for extensions.

 

Military firm enters telecoms market

Burmese military-owned Myanmar Economic Corporation (MEC) plans to become a telecommunications operator in the near future, according to Minister for Communications and Information Technology Myat Hein. MEC will be the fourth operator in Burma alongside government-run Myanmar Post and Telecommunications, Norway's Telenor and Qatar-based Ooredoo. Myat Hein pledged that all operators will be allowed to compete freely compete in the marketplace. MEC currently sells pre-paid cards for MPT under the brand MECTel.

 

Japan, Thailand 'hesitating' on Dawei

Speaking in Burma's lower house of parliament on Wednesday, Minister for National Planning and Economic Development Kan Zaw announced that Japan and Thailand – assumed to be the prime investors in the Dawei deep-sea port project in Tenasserim – are hesitating.

Read more

 

Latpadaung mine 'must be halted' pending EIA, says Amnesty

Marking two years since Buddhist monks and activists were brutally attacked by riot police at the Latpadaung copper mine site, Amnesty International (AI) has issued a press release highlighting ongoing problems associated with the project. Amnesty said the mine is likely to causes further human rights abuses and is calling for the project to be halted until a proper environmental and social impact assessment (ESIA) is carried out.

Read more

 

Rice price volatility in Burma must be addressed, says World Bank

The price of rice in Burma has increased by 41 percent between 2009 and 2013, a rate much higher than neighbouring competitors Thailand and Cambodia. This has led to a decrease in Burmese rice exports and food security at home, according to a recent report by the World Bank.

Read more

 

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Latpadaung mine ‘must be halted’ pending EIA, says Amnesty

Posted: 27 Nov 2014 11:59 PM PST

Marking two years since Buddhist monks and activists were brutally attacked by riot police at the Latpadaung copper mine site, Amnesty International (AI) has issued a press release highlighting ongoing problems associated with the project.

Amnesty said the mine is likely to causes further human rights abuses and is calling for the project to be halted until a proper environmental and social impact assessment (ESIA) is carried out.

AI's director of global issues, Audrey Gaughran, said the ESIA commissioned by the local subsidiary of China's Wanbao Mining Ltd has "critical gaps", particularly relating to environmental issues.

"The construction of the Latpadaung mine must be halted immediately until a thorough environmental and social impact assessment has been carried out, which genuinely consults all the people affected," she said.

AI said the initial ESIA ignores local concerns about the existing Sabetaung and Kyisintaung copper mines nearby, which are operated by other Wanbao subsidiaries, as well as the nearby Moe Gyo Sulphuric Acid Factory which supplies acid to the mine. The acid factory is owned by the Burmese military's business entity, the Union of Myanmar Economic Holdings Limited (UMEHL).

"More than 25,000 people live in 26 villages in the 5km distance between the two mines, with the sulphuric acid factory also in close proximity. People who may be affected by pollution need more information on how cumulative risks from all three projects will be managed," said Gaughran.

The AI statement also emphasised that the project is proceeding without resolving several important environmental and human rights concerns. In particular, nobody has been held accountable for the abuses committed by Burmese riot police officers who forcibly dispersed a peaceful protest against the Latpadaung copper mine—allegedly using, among other weapons, white phosphorous.

In addition, Amnesty said that thousands of farmers who refuse to leave their homes remain under threat of forced eviction because their lands were acquired for the mine in a flawed process characterised by misinformation.

According to the press statement, government authorities misled villagers by indicating that their compensation was being provided in respect to damage to their crops, but in reality the authorities intended to provide compensation as a pretext for acquiring their land.

On account of such misinformation and other issues, protests in the region continue regularly as hundreds of families resist forced evictions to make room for the mine, which is situated near Monywa in central Burma's Sagaing Region.

Four villages made up of 441 households are supposed to be relocated for the project. Among these households, Amnesty says, 245 have been moved to resettlement sites, but the remaining 196 refuse to leave their homes. In addition, land from 26 other villages—most of which is farmland—has been acquired for the project.

AI's Gaughran has called on Burmese authorities to engage in meaningful consultations with communities that have been affected by the project or will be in the future.

"The authorities should urgently set up a genuine consultation with the affected villages on the land acquisition and proposed evictions. They must guarantee that no one will be forcibly evicted," she said.

As to the injuries sustained by 99 monks and nine other protesters during the crackdown on 29 November 2012, the Amnesty statement said many individuals suffered "extremely painful burns" and that "some have been left with lifelong injuries and scarring."

In this regard, Gaughran said, "Two years after this brutal attack, it is completely unacceptable that the scores of people injured while protesting are still waiting for justice and reparations. White phosphorus munitions should never be used by the police – the use of such weapons against peaceful protesters is a flagrant violation of international law.

No police officer or official who was involved in the attack has been investigated, prosecuted or sanctioned, while the government has failed to provide victims with effective remedies and adequate reparation."

AI issued the statement ahead of the two-year anniversary of the violent crackdown, and the NGO said it currently investigating past and current human rights issues relating to: the Latpadaung mine; the Sabetaung and Kyisintaung mines; and the Moe Gyo Sulphuric Acid Factory. Amnesty said it will present its findings in a report due to be released in early 2015.

The Latpadaung copper mine is a joint venture between UMEH and Wanbao Mining's Burmese subsidiary. According to the project's production sharing agreement, the joint venture partners will retain 49 percent of the profits, while the remaining 51 percent will be given to the Burmese government.

A commission led by Aung San Suu Kyi to investigate the impact of the mine as well as the crackdown recommended that an environmental and social impact assessment be carried out. The resulting ESIA stated that members of the four communities to be relocated are "potentially highly impacted" and acknowledges the process could "threaten their ability to survive".

Key to the ESIA proposed mitigation plan is the market-value compensation for land lost to the project. This follows the previous earmarking of funds for regional development projects, which have had some success in the supply of electricity and potable water.

However, local residents have refused to accept compensation en masse, as continual protests calling for the complete abandonment of the mining project have been staged.

The website of Wanbao's local subsidiary says: "Being responsible for shareholders, employees, clients and the society, Wanbao Mining adheres to the corporate culture of 'human-orientation, collaboration and win-win; enterprising and innovation, pursuing excellence' in order to make contribution for the construction of harmonious society."

Although China's current president, Xi Jinping, has championed the "Chinese Dream" slogan, the Latpadaung project was launched under China's former president, Hu Jintao, whose catch phrase encouraged China to build a "harmonious society."

The "history" section of the subsidiary's website concludes by saying: "We should not forget that the core of sustainable development is human development and progress. By improving the quality of life, by using local and natural resources and by promoting a healthy environment, we will succeed in preserving the Earth's life-support systems for present and future generations."

In March 2014, an article published by Eleven Daily News said that another ESIA compiled by Knight Piésold Consulting found that "acid and metals generation arising from waste rock have posed extremely high environmental risk to surface and groundwater."

Eleven Daily News also quoted an article written by scientist Nyo Hmainn Wai in the Myanmar Environmental & Economic Review which warned about the potential dangers posed by the Latpadaung project. In the article, Nyo Hmainn Wai said the area might become "an open pit with toxic water that could cause serious environmental damage if the acidic water produced by the copper mine flows into the Ayeyawady [Irrawaddy] River."

 

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Mandalay students, profs parlay after Education Bill protest

Posted: 27 Nov 2014 11:43 PM PST

A delegation of student activists met with university professors at the Masoyein Monastery in Mandalay a day after the All-Burma Federation of Student Unions (ABFSU) led a public demonstration in the city denouncing the National Education Law.

At a press conference after Friday's closed-door meeting, the students said they had engaged only in informal talks and did not discuss the controversial bill, which was passed on 30 September by President Thein Sein despite widespread objections from student and teaching bodies.

The bill provides for the creation of a National Education Commission, which civil society organisations such as the National Network for Education Reform believe will keep the education sector under tight government control.

On Thursday morning, students and activists marched through the streets of downtown Mandalay from Eaindawyar Pagoda to City Hall carrying placards and shouting slogans.

Several of the chants harkened back to student protests held during the colonial era, such as "Victory to the revolution!" and "Thabeik Thabeik Hmauk Hmauk" (Alms bowl, Alms bowls, turn them over!),a slogan that has been generally used to call for strikes in Burma ever since.

The ABFSU issued a 60-day deadline for the government to negotiate with the students and revise the bill, and vowed to step up protests if their demands are not met.

"Student unions have objected to the National Education Law ever since it was at the drafting stage," said Swe Linn Tun, the ABFSU's Mandalay district chair. "This law centralises control with the government, offers no guarantee for freedom of education, and does not include provisions to allow for the forming of student unions."

The protest was joined by members of student unions and youth groups from the city of Taungoo in Pegu Division; Monywa and Kanbalu in Sagaing Region; Mandalay Division's Kyaukse and Myingyan; and eastern Rangoon.

Similar protests took place in Monywa and Myingyan earlier this week.

Local police in Mandalay attempted to stop the protest on Thursday as students began marching out of Eaindawyar Pagoda on grounds that the organisers did not have official permission to stage a public protest under the Peaceful Assembly and Peaceful Procession Law.

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2014 ceasefire ‘impossible’, says ethnic leader

Posted: 27 Nov 2014 07:06 PM PST

Representing the Burmese government, representatives from the Myanmar Peace Centre (MPC) sat down with the ethnic armed groups' Nationwide Ceasefire Coordination Team (NCCT) in Chiang Mai on Thursday to continue discussions about the peace process; however any talk of a ceasefire was overshadowed by the recent shelling of a Kachin training camp by the Burmese army, which left 23 cadets dead and 20 injured.

NCCT Vice-chairman Nai Hongsa said it would now be "completely impossible" to sign a nationwide ceasefire agreement by the end of this year following the Burmese army's deadly assault on the boot camp which was located near Laiza, headquarters of the Kachin Independence Army (KIA).

He said the killing has effectively brought negotiations to a standstill.

Nai Hongsa said Thursday's meeting in northern Thailand focused on mending the growing level of distrust between the ethnic armed groups and the government.

"The level of trust has plummeted to a new low," said the NCCT vice-chairman. "Now we must focus on mending the relationship to keep negotiations from breaking down completely."

The Chiang Mai round of talks was attended by the MPC's Min Zaw Oo and Hla Maung Shwe, while the KIA's Vice chief-of-staff Gen Gun Maw Sumlat and the New Mon State Party leader Nai Hongsa headed the 16-member ethnic team.

Although the training camp was run by the KIA, the 23 young cadets who were killed on 19 November were not Kachins, but members of other affiliated militias. Eleven were from the Palaung State Liberation Front, eight from the Arakan Army, two from the Chin National Front, and two from the All Burma Students Democratic Front.

The Burmese military has claimed that the artillery shell that killed the cadets was a warning shot which inadvertently hit the camp.

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