Tuesday, November 4, 2014

Democratic Voice of Burma

DVB Multimedia Group | DVB Multimedia Group

Democratic Voice of Burma

MOI to sue Herald for defamation
Bullet Points: 4 November 2014
When will the Rohingya get to say ‘I Belong’?
No pain, no gain – Rangoon’s Ashura festival
Jail, hard labour for 70 year-old couple    
Burmese embassy requests reopening Koh Tao murder case
DVB Debate: Hanging on the telephone

Posted: 04 Nov 2014 05:00 AM PST

The Ministry of Information (MOI) announced on Tuesday that it plans to sue the Myanmar Herald Journal for defamation after the weekly newspaper published an interview with a prominent NLD leader who made a statement which the ministry claims "hurt the dignity and rights of the state leader [President Thein Sein]."

The alleged defamatory statement was published on 9 August in the Herald's "Politics Q&A" section, which contained an interview with Myo Yan Naung Thein, an NLD Executive Committee member who is also secretary of the party's Central Research Supervising Team and headmaster of the Badar Political Institute.

According to the MOI announcement, the Herald quoted Myo Yan Naung Thein as saying, "The President is the head of the State but his words were gibberish, irrational, cheap and inconsistent, and that in my sense all his words were completely nonsensical, absurd and insane."

The announcement said the Herald also defamed President Thein Sein by publishing a statement by Myo Yan Naung Thein in which he said it was "totally unclear who imparted such ludicrous ideas to the President [that would lead Thein Sein to adopt such] poor policies and lead the government."

The MOI said it subsequently asked Burma's Interim Press Council to instruct the Herald to provide an explanation for "the irresponsible expressions [it published] in accordance with press ethnics," after which the Press Council made a "suggestion" to the news journal that it publicly apologise for publishing "accusations that jeopardised the image of the President".

While the Press Council was attempting to mediate the dispute, the Herald apparently gave the council a draft apology letter that it was planning to publish.

However, after obtaining a copy of the letter, the Information Ministry decided to sue the Herald for defamation because its apology was not only insufficient, but also "further criticised other dignitaries," according to the MOI announcement.

In an interview with DVB, the Herald's Deputy Chief Editor Ank Khaung Min said the Herald was merely quoting the NLD member, and that the statements were not part of an editorial written or published by the news journal.

Ank Khaung Min also said the journal has not yet received notice of a lawsuit, but if necessary the Herald will fight back within the framework of the law.

“I don’t understand the Information Ministry's rules and regulations. They want to sue the journal instead of the individual who made the statement. I think they don’t want to get into a confrontation with the NLD so they are suing the media instead,” he said.

In Burma, defamation is a criminal offence which carries a maximum punishment of two years' imprisonment plus fines, or both. Most countries have abolished criminal defamation, however, and only permit lawsuits for civil defamation.

Thus, in most jurisdictions if the judge rules that a defamatory statement was made, the defendant might be required to pay money and/or make a public apology, but the defendant cannot be imprisoned.

Yet in Burma defamation is a criminal offence contained in Article 499 of the Penal Code, which provides that "Whoever, by words either spoken or intended to be read, makes or publishes any imputation concerning any person, intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said … to defame that person."

Although the above language indicates that publishers can be liable for criminal defamation, Article 501 makes this point clear by saying, "Whoever prints or engraves any matter, knowing or having good reason to believe that such matter is defamatory of any person, shall be [liable for criminal defamation and punished accordingly]."

However, the penal code also provides several exceptions that, if satisfied, will absolve defendants of liability for defamation. The second exception says that it's not defamation "to express in good faith any opinion whatever respecting the conduct of a public servant in the discharge of his public functions, or respecting his character, so far as his character appears in that conduct."

In other words, it would not be defamatory for a newspaper to publish a quote which says a public official is insane if, in fact, that public official's conduct appears insane.

The ninth and tenth exceptions say that it's not defamation if an otherwise defamatory statement or caution is made "in good faith for … the public good."

On Tuesday, AFP wrote that the Herald is "renowned for its criticism of the government and ministers."

DVB also reported recently that Reporters Without Borders released a statement in July saying that the Herald has previously been targeted by the government.

In its statement, Reporters Without Borders condemned Burma's Special Branch—a police intelligence agency—for harassing the news media on the pretext of conducting financial audits, citing an incident on 23 July in which Special Branch officers went to the Herald's office and detained three editors without any explanation.

Bullet Points: 4 November 2014

Posted: 04 Nov 2014 03:59 AM PST

On tonight's edition of Bullet Points:

UNHCR vows to tackle global statelessness, highlights Rohingya
Taunggyi balloon festival held off for a day due to weather following deaths on the weekend.
Myanmar Herald to be sued by MOI over Thein Sein ‘idiot’ gaffe
Rangoon’s Shi’ites test their faith

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

When will the Rohingya get to say ‘I Belong’?

Posted: 04 Nov 2014 03:03 AM PST

It's now 60 years since the United Nations pledged to protect displaced persons in a 1954 convention, however the number of individuals around the world who are without a nationality has surpassed 10 million.

The numbers continue to rise with war in the Middle East escalating and new risks of statelessness have emerged with the growing number of major conflicts across the globe.

On a mission to curb and end statelessness within the next ten years, the United Nations High Commission for Refugees (UNHCR) has initiated a worldwide campaign titled "I Belong", signed and endorsed by celebrities such as UNHCR Special Envoy Angelina Jolie, Nobel Laureate Desmond Tutu and members of the diplomatic community across the world.

As the UN unveiled its ten-point action plan to end statelessness around the world, the UN High Commissioner for Refugees António Guterres pointed out that the campaign is to ensure that no child is born stateless.

"Statelessness makes people feel like their very existence is a crime," said Guterres. "We have a historic opportunity to end the scourge of statelessness within 10 years, and give back hope to millions of people. We cannot afford to fail [in] this challenge."

Closer to home, as persecution and discrimination continues for the Rohingya Muslims in Burma, rights advocates say statelessness is one of the root causes of their plight.

Matthew Smith from the NGO Fortify Rights told DVB that, "Statelessness is one of those predicaments that has a cascade effect on human rights violations, and we are seeing that with the Rohingya population."

The Rohingyas live in a state of flux, caught between accusations of being illegal migrants in both Burma and Bangladesh. They have constantly been denied their basic rights of self-determination, their civil rights to be recognised as citizens of Burma, and do not qualify for rights to health, education or birth certificates in Burma.

"These are abuses that stems from the statelessness of the population," points out Smith.

Under Burma's 1982 Citizenship Law, the Rohingyas – or "Bengalis", as many Burmese documents refer to the group – are not recognised as citizens of the state.

Derogatory conditions, coupled with violence and persecution bordering, some observers say, on the lines of "ethnic cleansing" have left the community stateless and vulnerable. Worsening conditions have prompted scores of Rohingya people to flee the country by sea on rickety boats, often a perilous or fatal journey. Only about a few weeks ago, the number of Rohingya boatpeople was estimated to have exceeded 100,000.

Many of those who manage to make it across to neighboring Thailand, India and Bangladesh are once again tossed into limbo, unwelcome aliens in those countries.

The UN agencies, signatories and human rights groups within Burma said they believe that by amending the 1982 Citizenship Law or by arriving at tangible legal solutions, the problems of the stateless refugees inside Burma can be fixed.

Vivian Tan, regional press officer for UNHCR in Southeast Asia, told DVB on Tuesday that the "I Belong" campaign aims to create awareness among the Burmese public regarding statelessness and thereby bring about policy implementation through influence of public opinion.

"In Myanmar, UNHCR is providing advice and helping to build the capacity of the government to address challenges related to citizenship," said Tan. "We have a long-term ongoing dialogue with the government to bring the Citizenship Law in line with relevant international standards. We help to prevent statelessness from occurring by promoting birth registration and the issuance of other relevant documents. At the same time, UNHCR advocates for the respect of the fundamental rights of stateless people."

But despite pressures from the international community, little has been done to address the plight of the Rohingyas. As the issue of statelessness becomes intertwined with the need for stability in Arakan State, Smith points out that, "If the Burmese government wants stability in Arakan state, they need to address this [statelessness] head on."

No pain, no gain – Rangoon’s Ashura festival

Posted: 03 Nov 2014 11:46 PM PST

Late into Monday night, members of Rangoon's relatively small Shia Muslim community met at the old Mogul Mosque on 30^th Street to celebrate the centuries-old tradition of Ashura.

Under the eyes of their wives, children and mothers, men and boys ran barefoot back and forth on a blazing 10-metre path of burning coals while chanting the names of the Prophet Mohammed and his grandson Hussein.

The ceremony is held in honour of Hussein's martyrdom at the Battle of Karbala in the year 61 AH (680 CE). Shia Muslims around the globe mark this as a day of mourning every 10th of Muharram in the Islamic calendar. It commemorates the date when Hussein Ibn Ali and 72 followers found themselves isolated in the Iraqi desert near Karbala. Surrounded by Syrian enemies and without water, he chose to take the initiative and met his death while charging an overwhelmingly larger army.

“This is special day for us. Normally we are Burmese like the Buddhists, the Christians and the Sunnis, but tonight we can be Shia”

The death of Hussein also marks a significant split in Islam from whence the Shia continued to follow the lineage of Hussein, who is considered the third imam in Shia religion (after his grandfather Prophet Mohammed and father Ali).

Shia Islam is now mostly practiced in Iran, but is strong in Iraq and parts of Lebanon. In Burma, it is estimated that the Shia community numbers around 2,000 in Rangoon, some 500 in Mandalay, and a few hundred in other cities.

In addition to the fire-walking rite, devotees offer homage to Hussein by flagellating themselves with a zanjeer or long chain of blades. Through this suffering, they mourn Hussein's death while hoping to be forgiven for their personal sins.

One spectator comments: "This is special day for us. Normally we are Burmese like the Buddhists, the Christians and the Sunnis, but tonight we can be Shia."

Jail, hard labour for 70 year-old couple    

Posted: 03 Nov 2014 10:36 PM PST

Five family members—including two 70-year old grandparents—were sentenced to six months' imprisonment plus hard labour on 28 October after harvesting paddy on disputed land in Irrawaddy Division's Kyunggyi Village.

The family was sentenced while standing trial for another case which began last year after the family planted paddy on land which they originally owned but had lost when they failed to repay a loan to the plaintiff, Aye Nyein, who sued them for trespassing and destruction of property.

The first case was still pending when the elderly couple and their children entered the field again and harvested the paddy, after which they were charged with theft and given six-month jail terms plus hard labour.

A police officer from Maw Kyung police station who spoke with DVB said, “They were on trial for trespassing. During the trial they went to harvest the paddy, so they were convicted for theft.”

After the verdict, the family was sent to Myaung Mya prison, according to the police officer.

The incident began three years ago when the family borrowed money from Aye Nyein and agreed to put up their land as collateral. After failing to repay the loan, Aye Nyein sued the family for trespassing and destruction of property in 2013, a case which is still ongoing.

The youngest children—aged 8 and 10—have been placed under the guardianship of a farmers’ assistance NGO while their parents serve their jail sentences.

Burmese embassy requests reopening Koh Tao murder case

Posted: 03 Nov 2014 09:05 PM PST

The Burmese embassy's legal team has requested reopening the investigation into the murder of two British citizens on the Thai island of Koh Tao.

Lawyer Aung Myo Thant told DVB that the embassy made the request to Thailand's Ministry of Legal Affairs on Monday evening on the basis that confessions by Burmese suspects Zaw Lin and Win Zaw Tun were made under duress of torture.

"The kids [Zaw Lin and Win Zaw Tun] have told the Thai human rights commission, the lawyers, our embassy team and their parents on each occasion that they were beaten by police," he said. "Therefore we requested that a special team be formed to reinvestigate the case. We presented a written letter of request to a ministry official."

Aung Myo Thant said that he and the embassy team had met with members of the Thai Lawyers Council, the country's Human Rights Commission and the suspects' parents from 1pm to 3:30pm on Monday, 3 November.

A representative of the Human Rights Commission called on police to answer the allegations of beatings or torture during interrogation, but the police failed to show up at the meeting, the second time they have failed to appear, said Burmese embassy team member Kyaw Thaung of the Myanmar Association in Thailand.

"The [Thai] Human Rights Commission requested the Thai Lawyers Council and ourselves to present any information we had," he told DVB by telephone. "They also requested any evidence that contradicts the DNA tests. We exchanged information about the details of the case."

British tourists David Miller and Hannah Witheridge were bludgeoned to death on Koh Tao in the early hours of 15 September. Miss Witheridge was also raped. After an international outcry, Burmese migrants Zaw Lin and Win Zaw Tun were arrested two weeks later, police claiming that DNA taken from Witheridge matched the two suspects.

The Burmese pair now say they are innocent of the crimes and maintain that they confessed under duress after police told them they would be killed if they did not confess.

DVB Debate: Hanging on the telephone

Posted: 03 Nov 2014 07:37 PM PST

Two foreign communications firms are now operating in Burma, after over a decade of state control. Qatar-based firm Ooredoo and the Norwegian Telenor have introduced affordable sim cards and pledged faster, more reliable phone and internet connections. In this episode of DVB Debate, the studio examines what a modernising telecommunications market means for Burma.

AllSBNews

Tuesday, November 4, 2014