Friday, November 7, 2014

Democratic Voice of Burma

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Democratic Voice of Burma

MOI serves Herald with summons
‘No respite from militarisation’ in southeast Burma: TBC
Bullet Points: 7 October 2014
BUSINESS WEEKLY 7 NOVEMBER 2014
Cyclone to miss Burma, Met Office says
Snails devour paddy fields in Irrawaddy delta

Posted: 07 Nov 2014 05:18 AM PST

Burma's Ministry of Information (MOI) served a judicial summons to the Myanmar Herald Journal on 5 November notifying the weekly that it has been charged with defamation.

The indictment is based on alleged statements made by a prominent National League for Democracy (NLD) leader during an interview published by the Herald on 9 August.

Published in the Herald's "Politics Q&A" section, NLD Executive Committee member Myo Yan Naung Thein made comments that the MOI claims "hurt the dignity and rights of the state leader [President Thein Sein]."

Aung Tun Lin, the Herald's managing editor, said that 11 staff members were served a summons to face charges under Article 25(b) of the Media Law on account of Myo Yan Naung Thein's statement in which he slammed Thein Sein of spouting "gibberish, irrational, cheap and inconsistent" words that were all "completely nonsensical, absurd and insane".

In a telephone interview with DVB, Aung Tun Linn said, "Those who are facing charges include various staff members ranging from chief editor to the distribution staff. Usually legal actions [against publications] are directed at editors, and so we have no idea why the MOI is also targeting the distribution staff," said Aung Tun Linn, adding that the publication's office manager is also among those facing charges.

Article 25(b) of the Media Law provides that "Any News Media worker who is determined to be guilty of transgressing [certain news worker] ethnical responsibilities … will be fined no less than 300,000 kyat and no more than 1,000,000 kyat."

The ethical responsibility allegedly violated by the accused Herald staff is contained in Article 9(g)(second clause) of the Media Law, which says that news workers must refrain from writing news that "deliberately affects the reputation of a specific person or an organisation."

The day before Herald workers receive their judicial summons, MOI announced in a state-owned newspaper that it was planning to sue the Herald for defamation not only for publishing Myo Yan Naung Thein's initial statement about President Thein Sein's "insane" comments, but also for another statement by the NLD member—published in the same article—in which Myo Yan Naung Thein 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's state-owned media announcement said it had asked Burma's 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.

Shortly after MOI announced its intention to sue the Herald several questions were raised by the Press Council and others about the case.

In a phone interview with DVB, Press Council member Zaw Thet Htwe described MOI's response when asked whether it has standing to sue media workers on behalf of President Thein Sein.

"When asked whether they can sue on behalf of the president or the president's office, MOI said it can sue the Herald in its capacity as an institution which represents the government," he said.

Zaw Thet Htwe also indicated that MOI chose to sue the Herald under the Media Law because a criminal defamation claim under the Penal Code would have required the president to show up—and possibly testify—at the trial.

"It seems to me that MOI chose to pursue charges against the Herald under the Media Law because a prosecution under the Penal Code would require the president—or at least a representative from the president's office—to be present at court," he said.

Another issue that may have dissuaded MOI from pursuing criminal defamation charges against the Herald is that the Penal Code provides several exceptions that, if satisfied, 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." By contrast, the Media Law’s ethical responsibilities section actually requires news workers to write news that promotes the "public interest."

In many countries – including Burma – defamation laws make certain exceptions for statements that are made in the public's interest, and countries that value free speech and public dialogue usually consider criticism of public figures to be in the public’s best interest.

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

DVB also recently cited a Reporters Without Borders statement released in July which said 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.

Currently, the Information Ministry is pursuing various charges against Eleven Media Group and the Aungzeyatu News Journal, but the Herald is the first journal to be charged under the Media Law, which was drafted by the Press Council and passed by Burma’s parliament earlier this year.

‘No respite from militarisation’ in southeast Burma: TBC

Posted: 07 Nov 2014 04:07 AM PST

The Border Consortium (TBC) released a statement on Thursday stating that there has been "no respite from militarisation” in southeastern Burma since 2011, when a number of ceasefires were signed with great fanfare between the Burmese government and armed ethnic groups.

TBC said that the increase in military presence in the region is being increasingly driven by resource extraction and commercial development.

TBC's executive director, Sally Thomson, indicated that ongoing militarisation is one of several major factors hindering the repatriation of persons displaced by land confiscation, armed conflict and other security problems in southeast Burma.

"We have only seen small-scale and tentative return of refugees from Thailand, and [our latest report shows] that the overall number of internally displaced persons has not reduced significantly either. Efforts to prepare for the return and resettlement of displaced persons have been thwarted by ongoing militarisation and insecurity," she said.

The TBC report, "Protection and Security Concerns in South East Burma," goes into further detail about the increasing presence of Burmese government forces in the area and amalgamates the results of extensive surveys conducted across the region by TBC and its partner organisations. The report was released this week at TBC's Annual General Meeting and Donors Forum.

TBC is an umbrella group of humanitarian relief NGOs that has been coordinating the provision of food, shelter and camp management support for refugees from Burma for 30 years.

NGOs and refugees alike have expressed concern in recent months about ration cuts at the camps due to declining financial support from donors.

But TBC's partnership director, Duncan McArthur, said that his organisation had presented its preliminary budget for this year, and that it does not include any further ration cuts.

McArthur indicated that donors expressed positive signals about their willingness to continue funding TBC's activities, largely because the international community is now more aware of the fact that Burma's national reconciliation efforts and peace process have lost momentum.

"I think there is a general recognition amongst donors that the peace process is messy and complicated, and that there's going to be a need for ongoing support—and flexible support so that we can respond either if return picks up … or if there is a push back," he said.

Bullet Points: 7 October 2014

Posted: 07 Nov 2014 03:31 AM PST

On tonight's edition:

Harvard report names Burmese generals for war crimes.
Militarisation in eastern Burma blocking refugee’s return home
Par Gyi’s funeral held in Rangoon
Snails destroy Irrawaddy rice paddy

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

BUSINESS WEEKLY 7 NOVEMBER 2014

Posted: 07 Nov 2014 02:15 AM PST

Ups and downs

The Burmese kyat was selling on Friday at 1014 to the US dollar, while buying at 1007. The price of gold stands at 640,000 kyat per tical. Fuel prices remain constant: petrol 820 kyat; diesel 950 kyat; octane 950 kyat per litre.

Burma- China border trade fair planned for December

The 14th Burma- China Border Trade Fair – which has been ongoing since 1997 after both countries signed an agreement on border region management and cooperation – will be held this year on 11- 12 December at Muse in northern Shan State. More than 240 trading booths will reportedly be showcased at the fair.

MREA to introduce wind power plants

Myanmar Renewable Energy Association has indicated that it will introduce wind power plants Burma. Assessments are being carried out across 27 locations in Rangoon, Irrawaddy, Arakan and Chin States.

Agencies must protect migrant workers: MOEAF

The Myanmar Overseas Employment Agencies Federation (MOEAF) said it will take action against employment agencies that do not assist in resolving issues and problems faced by the migrant workers they contract out. Secretary Kyaw Htin Kyaw said Burmese workers often face labour and human rights abuses, and should contact the MOEAF office if their agency does not address their problems.

Ration alert at refugee camps

The World Food Program (WFP) says it has averted major and immediate cuts to refugee rations across Burma. Speaking to DVB on Thursday, the UN-affiliated organisation said that enough supplies are available to provide full monthly rations until the end of January, but 20 percent cuts would be implemented if the WFP fails to raise an additional US$8 million by then. Some two hundred thousand displaced people in Shan, Kachin and Arakan States depend on WFP rations.

YSEB to list as public company

The Yangoon State Electricity Board (YSEB) announced plans last week to list as a public company in order to increase operational efficiency. However, in its announcement YSEB said that Rangoon's city government will maintain a 51 percent stake in the entity while selling the remaining 49 percent to the public. YSEB also has stated that in choosing future joint venture partners, local companies will be preferred over foreign firms.

Singaporean firm wins Hanthawaddy airport deal

Singaporean firm Yongnam Holdings Ltd (YNH) was awarded the US$1.4 billion contract to develop Burma's Hanthawaddy International Airport, 50km north of Rangoon. YNH is a cluster group consisting of firms including Changi Airport Planners and Engineers, and Japanese JGC Corp.

Colgate buys out Laser toothpaste

American conglomerate Colgate-Palmolive has bought out Burmese toothpaste brand Laser. Colgate is thought to have purchased the rights to produce and distribute products by local firm Shwe Ayar Nadi for US$100 million, which if correct, would make the deal one of the largest investments by an American company since trade sanctions were lifted last year.

UNCTAD to aid Burma emerge from LDC status

The United Nations Conference on Trade and Development (UNCTAD) will provide technical assistance to help Burma emerge out of its current status as a "Least Developed Country." UNCTAD indicated that it would help Burma implement plans to boost gross national income, economic vulnerability and the country's human assets index.

Inland Water Transport to build new ships as competition heats up

State-owned Inland Water Transport (IWT) plans to build 37 new passenger boats to compete with faster ships operated by rival private companies. IWT has lost market share to private rivals because it's still using slow-moving ships built during the colonial era. IWT has been operating at a loss for decades, relying on government subsidies to keep prices low for passengers. However, now IWT is coming under pressure to transition into a more profit-oriented company.

World Bank urges land, labour reform in Burma

The World Bank has called for reforms in the sectors of land and skilled workers, as well as the upgrade of electricity, as prime motivators in attracting investment and financial aid to Burma. The World Bank reportedly conducted field trips to businesses in Rangoon, Mandalay, Monywa, Taunggyi and Pegu last summer and held meetings with more than 1,000 businesspeople as part of its survey.

British barrister re-opens Burma office after 12 years

UK-based law firm Lucy Wayne & Associates has opened its doors again 12 years after it pulled out of the country due to international sanctions imposed on foreign businesses. The firm has announced it will initially cater to Burma's energy sector, especially electricity and petroleum.

Cyclone to miss Burma, Met Office says

Posted: 06 Nov 2014 11:01 PM PST

A depression over the Bay of Bengal "is likely to intensify further into a cyclonic storm during next 12 hours", said Burma's Department of Meteorology and Hydrology (DMH) at 6am local time. However, the storm is not moving towards the Burmese coastline, the report said.

According to the DMH on Friday morning, the low-pressure zone is centred at around 480 miles southwest of the Irrawaddy delta town of Bassein (Pathein), and 370 miles northwest of Port Blair in India.

Regions across Burma will be affected in the coming days by winds and rain as a consequence of the cyclonic storm, it said. Heavy rain is expected in the southern part of Sagaing Division, Mandalay, Magwe, Pegu, Rangoon and Irrawaddy divisions, as well as in Shan, Arakan, Karenni, Karen and Mon states, while squalls are likely to occur along the coast with surface wind speed of 40mph.

Traditionally, the beginning of November marks the end of rainy season, and a time when rice farmers are preparing to harvest paddy. However, the Irrawaddy delta and Rangoon Division have been hit by floods which have inundated and destroyed many fields.

Snails devour paddy fields in Irrawaddy delta

Posted: 06 Nov 2014 09:55 PM PST

A plague of imported snails has destroyed more than 1,000 acres of rice fields in Irrawaddy Division's Dedaye Township, farmers told DVB this week.

The snails were apparently brought into the region from Mon State by a breeder. However, they somehow escaped and spread, developing an insatiable appetite for paddy and devastating 10 village tracts in and around Dedaye.

According to Win Naing, a villager from the hamlet of Gwa Lay, last year a private snail breeder imported a large number of the molluscs from Mon State capital Moulmein.

"A farmer from Mee Chaung Ai village brought the snails over from Moulmein. He breeds snails on his farm. These ones were especially beautiful – golden in colour. People here called them 'golden snails'.

"However, they bred out of control and managed to spread to other farms," he told DVB on Thursday. "The paddy plants were almost mature, and the snails started to eat them. They ate from the roots of the crops and continued until the entire field was gone.

"When we discovered what was happening, we tried inundating the fields with water to flush out the snails, but it didn't work. Now we are physically collecting them one by one – you can fill three tins [1 tin = 40.9 litres] with snails from every one acre of paddy field.

"We cannot contain them. They are breeding out of control. Even after we spray the fields in pesticide they still keep going."

Win Naing said he had personally lost 60 acres of paddy.

Local farmers said that no government assistance had been forthcoming.

The plague comes at the worst possible time, many of the locals said, pointing to the fact that the rice harvest is due in November and December. In addition, the Irrawaddy delta has been heavily affected by floods recently.

Dedaye was one of the worst hit townships when Cyclone Nargis devastated the region in 2008.

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Friday, November 7, 2014