Wednesday, February 12, 2014

The Irrawaddy Magazine

The Irrawaddy Magazine


Letpadaung Activist Beaten, Detained, Say Villagers

Posted: 12 Feb 2014 03:48 AM PST

Myanmar, Burma, Letpadaung, activist, student, mine, China, copper mine, arrest

A flier formerly posted in villages around Letpadaung calls for arrest of seven of eight student activists charged for helping villagers to protest against a massive copper-mining project. Thaw Win, pictured middle right, was detained Tuesday. (Photo: Han Win Aung)

An activist campaigning for farmers affected by the Letpadaung copper mining project in Sagaing Division's Salingyi Township was allegedly beaten and detained without explanation Tuesday.

Fellow activists and villagers said that Thaw Zin, a leader of the Rangoon Student Network, was detained by six plainclothes men at about 10 am. The men stopped Thaw Zin and female villager when they were driving to a field near Taw Kyaung village, but the villager was not detained, they said.

Thaung Htike, another activist helping locals in their long-running campaign against the Chinese-backed mine and land confiscation for the project—told The Irrawaddy that police at nearby Nyaungpingyi police station said Thaw Zin was being sent to Monywa prison.

"We have not had contact with him yet," Thaung Htike said.

Sandar, a Letpadaung resident, said the men who arrested Thaw Zin were not wearing police uniforms, and also beat him and the female villager, Htay Oo.

"Daw Htay Oo was beaten, including on her face, as she was with Ko Thaw Zin when the six men, not wearing uniforms, detained him," she said.

Shortly after the arrest, about 100 villagers marched to the Nyaungpingyi police station, calling for the release of the activist, but the authorities declined to explain the arrest. Later, police only confirmed that he had been sent to Monywa prison, she added.

Sandar said both Salingyi and Nyaungpingyi police stations refused to accept a complaint that Htay Oo tried to file over the beating.

In total 10 people are still charged with various sections of the criminal code for protesting against the copper mine project in the area.

The deputy manager of Union of Myanmar Economic Holdings—a military controlled company that is undertaking the mining project with Chinese company Wanbao—sued eight student activists, including Thaw Zin, in April 2013 for their activities supporting demonstrating villagers. Thaung Htike, Han Win Aung, Ko Lat, Aung Soe, Thar Gyi, Ko Thu, Ba Htoo and Thaw Zin, all from Rangoon, were subsequently charged with crimes including trespassing, instigating riots and disturbing officials on duty, according to Thaung Htike.

He said the activists were told by police informally that they were no longer facing charges following an amnesty issued by President Thein Sein on Dec. 31 that dropped many charges relating to protests. Signs posted in Letpadaung villages warning them of imminent arrest had also been taken down, he said.

Last Wednesday, eight villagers were also briefly detained for protesting against fencing being erected for the copper mining project, for which some 7,800 acres of farmland has been confiscated from 26 villages in the Letpadaung mountain range. Work on the project restarted late last year after about a year of suspension due to the widespread opposition in November 2012.

The post Letpadaung Activist Beaten, Detained, Say Villagers appeared first on The Irrawaddy Magazine.

NLD Marks Union Day in Rangoon Event

Posted: 12 Feb 2014 03:38 AM PST

Panglong, politics, Union Day, NLD, Aung San Suu Kyi, Shan, Kachin, ethnic issues, Myanmar, Yangon

A Shan traditional dancer performs during the NLD's celebration of Union Day in Rangoon on Wednesday. Click on the box below for more images. (Photo: Jpaing / The Irrawaddy)

Burma's main opposition party, the National League for Democracy, celebrated Union Day at Doyoya Restaurant in Rangoon on Wednesday. A traditional Shan dance competition was held at the event, which was attended by the 88 Generation Student leaders and NLD chairperson Aung San Suu Kyi.

Union Day is marked on Feb. 12 every year in Burma to commemorate the signing of the Panglong Agreement in 1947 by independence leader Aung San—Suu Kyi's father—and the ethnic Shan, Kachin and Chin peoples.

The agreement granted ethnic regions political autonomy and the right to secede after 10 years; it was envisioned to expand to other ethnic groups in Burma. After Gen. Aung San was assassinated in July 1947 Burma descended into civil war and the agreement was never fully implemented.

Previous military governments celebrated Union Day as a key date in the establishing Burma's independence but rejected the ethnic regions' demands for autonomy, giving rise to decades of internal conflict.

The post NLD Marks Union Day in Rangoon Event appeared first on The Irrawaddy Magazine.

President’s Union Day Message Flags-up Federalism

Posted: 12 Feb 2014 03:24 AM PST

Thein Sein, Constitution, federalism, Myanmar, ethnic conflict, Union Day, Kachin

Burma President Thein Sein delivers a speech in Naypyidaw in April 2011. (Photo: The Irrawaddy)

RANGOON — With nationwide ceasefire talks scheduled for next month, Burma President Thein Sein gave what seems a strong hint that a government long-known for its centralizing leanings will take into account ethnic minority calls for more powers to be devolved to their regions through a federal union.

Thein Sein’s message to mark Burma’s Union Day said that "the government is striving towards strengthening national reconsolidation in cooperation with the entire national people," and was published alongside a prior statement that "All national races are to establish the national unity based on 'the Panglong Spirit’ and then march toward a peaceful, modern, and democratic nation through a federal system."

However, the president’s words were overshadowed by reports of renewed fighting in Burma’s north, with clashes reported this week between the Burma Army and the Kachin Independence Army (KIA) and between the Burma Army and tiny Ta’ang National Liberation Army (TNLA), which is backed by the KIA.

According to reports in online Kachin media, the Burma Army's 261st Light Infantry Battalion and 421st Light Infantry Regiment clashed with the a Kachin people's militia under the KIA's 18th Battalion on Monday in the area around Laiza, a small town on the Burma-China border that is home to the KIA headquarters. No casualties were reported, but the area near Laiza had been calm until the skirmishes broke out.

The same media outlet, Kachin Land News, also said that the TNLA fought with the Burma Army's Light Infantry Regiment 505 and 506 in northern Shan State on Monday in fresh clashes that reportedly left three Burmese soldiers dead.

The Irrawaddy was unable to reach KIA sources on Wednesday to confirm the reports.

More than 100,000 people in Kachin State have been driven from their homes by fighting between the Burma Army and KIA, which resumed in June 2011, ending a 17-year ceasefire.

But with Burma’s reformist government seeking and ethnic minority leaders hopeful of investment into poor, ethnic minority borderlands, the government has signed ceasefires with 14 militias and talks about a wider national ceasefire agreement are due to take place in March.

After recent incendiary comments by Commander-in-Chief Min Aung Hlaing, who said that the Burma Army did not fear ethnic militias and placed the blame for Burma’s divides on minority groups, President Thein Sein’s more conciliatory tone in today’s Union Day message might help build trust ahead of the proposed March talks.

"Thanks to united efforts of General Aung San and leaders of national races who acted in unison, the country regained unity after signing Panglong Agreement in 1947 and claimed independence," read the communiqué.

Previous Union Day messages either downplayed or ignored the Panglong Agreement, which has long been held up as an ideal by ethnic groups seeking a more decentralized Burma. The Burmese military held power from 1962-2011; using the rationale that army rule was needed to stop the country’s minorities from seceding. Any form of decentralized governance was taboo during those years, while the country has played host to some of the world’s longest-running civil wars that pitted the Burmese Army against a myriad of ethnic minority militias.

And though containing some examples of one-eyed history—such as blaming British colonialism for setting Burma’s ethnic groups against each other, and making no mention of the impact of military rule on ethnic relations—the 2014 message marks a change in tone compared with previous years.

In 2013, though briefly mentioning Panglong, Thein Sein’s message reminded minorities that they were "obliged to pursue and protect the national policy which calls for non-disintegration of the union." The year 2012 saw a blunt directive, asserting that "as all national people are families living under the same roof of the nation, the time has come for them to work together for national development with full understanding, instead of arguing with each other."

However, amid renewed fighting in Burma’s north, minority representatives question whether the changed presidential gist will be followed by policies to match. Kachin activist Khon Ja told The Irrawaddy that "President Thein Sein said many things related to ethnic groups, but many of those were not implemented. Sometimes his words are like plastic flowers—they look real, even beautiful, at first. But when you look close you see they are not real."

The post President's Union Day Message Flags-up Federalism appeared first on The Irrawaddy Magazine.

RCSS Leader Likely to Remain in Post: Shan Sources

Posted: 12 Feb 2014 03:21 AM PST

Myanmar, Shan, Burma, Shan State Army, SSA, RCSS, Yawd Serk

Lt-Gen Yawd Serk at the Restoration Council of Shan State's headquarters at Loi Tai Leng. (Photo: Kyaw Kha / The Irrawaddy)

LOI TAI LENG, Shan State — Despite recently announcing plans to step down, the chairman of the Restoration Council of Shan State (RCSS) says he will stay on in the role if another leader does not come forward—a situation that sources within the ethnic group say is likely.

At an RCSS annual meeting in January 2013, Lt-Gen Yawd Serk made an official statement that he would not stand in future elections for the leadership of the organization—the political wing of the Shan State Army (SSA) ethnic armed group—in order for other capable persons to come forward.

"We practice democratic means in our organization and hold elections for the RCSS leadership once every four years," the RCSS chairman told The Irrawaddy in a recent exclusive interview. "A door is open this year, so participants can elect a new chairman among other RCSS leaders. If they can't choose anyone else and offer this position to me again, I will have no other option but to accept it."

The election for the head of RCSS, who also acts as the commander-in-chief of the SSA, will be held in Loi Tai Leng, the group's headquarters near the Burmese-Thai border, on Feb. 13-14. Representatives from different townships in Shan State and SSA leaders have already arrived in Loi Tai Leng—where Shan State National Day celebrations also took place last week—to participate in the event.

Some senior RCSS leaders will reportedly be in the list for the chairmanship election, but a number of SSA officers told The Irrawaddy that Lt-Gen Yawd Serk would remain in his position.

"Even though he [Lt-Gen Yawd Serk] wants another person to replace him because he has led the organization continuously, it is likely that he will be elected again under the current political situation and due to his influence on the RCSS/SSA," said a commander in Loi Tai Leng, who asked to remain anonymous.

The government and Burma's ethnic armed groups, including the RCSS/SSA, are in discussions over a nationwide ceasefire agreement. The next round of talks, set to be held in the Karen State capital of Hpa-an, has been repeatedly delayed.

Lt-Gen Yawd Serk, however, stressed that it would be down to the votes of the participants to elect the RCSS chairman for the next term. The RCSS/SSA's current position in Burma's peace process and its peace talks with the government will also rely on its new chief, he said.

"I can't predict or say exactly about the RCSS's peace-related positions in the future because, if we have a new chairman, decisions will be made by that person."

Under the leadership of Lt-Gen Yawd Serk, the RCSS/SSA has signed a ceasefire agreement with the government at both regional and national levels. The parties have also agreed on certain future plans.

Since the RCSS was founded by the SSA to act as its political wing with 11 Central Executive Committee members, Lt-Gen Yawd Serk—who was the founding leader of the SSA in 1996—has taken the chairmanship position for three successive terms.

The post RCSS Leader Likely to Remain in Post: Shan Sources appeared first on The Irrawaddy Magazine.

Burma Govt Urged to Put Press Freedom in Law

Posted: 12 Feb 2014 02:22 AM PST

Myanmar, Burma, Media, reform, press freedom, reporters without borders

Men sell local newspapers at a street-side stand in Rangoon Aug. 1, 2013. (Photo: Reuters)

International media advocacy groups have warned that Burma's reforms may be beginning to falter, with the government failing to cement recent gains in press freedom with legislation.

Restrictions on the media in Burma have been significantly relaxed since President Thein Sein's government took power in 2011. Prior censorship of publications was dropped in 2012 and last year private daily newspapers were allowed to publish for the first time in decades.

France-based organization Reporters Without Borders (RSF) in its annual index of press freedom around the world, published Tuesday, recognized the progress made in Burma. The country ranked 145 out of 180 nations in the 2014 index, a slight improvement from 151 out of 179 last year, and well above its position in 169th place in 2012.

However, critics say recent arrests of reporters, continuing restrictions on access to some conflict-affected parts of the country, and an intolerance of criticism in the government is undermining progress. Both RSF and the New York-based Committee to Protect Journalists—which issued a report on Wednesday—highlighted that legal reforms to guard press freedom were lacking.

"Are Burma's reforms and democratization beginning to run out of steam?" asked RSF in a report released along with the new rankings. "More and more international human rights NGOs are beginning to worry, and rightly so. The widespread euphoria generated by the successive amnesties of political prisoners in October 2011 and January 2012 has evaporated."

The report points out that Burmese government has failed to deliver media legislation in line with international standards.

"Without any consultation, the government submitted a draft media law to the Lower House of the Parliament (the Pyidaungsu Hluttaw) on 4 March [2013] that would impose clearly unacceptable restrictions on media freedom," the report said, referring to the Printers and Publishers Registration Bill, which, along with a press bill drafted by Burma's interim press council, is still in Parliament.

"The printing and publications law and the latest draft of a proposed broadcast media law also reveal government ambivalence about real respect for fundamental rights."

Despite the markedly improved media environment, recent incidents have caused concern among observers.

The government reacted angrily to reporting of allegations that dozens of Rohingya Muslims were killed last month in Maungdaw Township, Arakan State, in an alleged crackdown by security forces and Arakanese Buddhists after a policeman was abducted by villagers.

The Foreign Ministry insisted that international media and NGOs were "interfering in internal affairs" if they published information without verifying it with the government. And staff from the Associated Press were called into the Ministry of Information for a rebuke over their reporting of the allegations, made by human rights groups and later the United Nations.

Human Rights Watch in a press conference in Rangoon last week said rather than attacking media, the government should learn to tolerate the press and engage in open debate over facts.

Other incidents have led the accusation that Burma was going back to its old ways by jailing troublesome journalists. The jailing in December of an Eleven Media reporter in Karreni State for defamation, trespass and use of abusive language drew protests. Then Four journalists and two other staff at the Burmese-language Unity journal have also been detained for publishing state secrets after the newspaper reported claims last month that a military facility in Magwe Division is being used to produce chemical weapons.

In a new global report Wednesday, the CPJ listed a number of concerns about press freedom in Burma, and also noted that laws restricting media were being put forward or remained in place.

"Journalists reporting in Burma continued to face threats and obstacles despite widespread hope for a freer media environment with the transition from military to quasi-civilian rule," the report said. "While existing restrictive laws perpetuated self-censorship, a new printing and publishing bill aimed to re-impose broad censorship guidelines and grant a newly created registrar sweeping powers to issue and revoke publishing licenses."

The post Burma Govt Urged to Put Press Freedom in Law appeared first on The Irrawaddy Magazine.

Out of Reach

Posted: 12 Feb 2014 12:50 AM PST

business, real estate, inflation, Yangon, Rangoon

The Centerpoint Towers in downtown Yangon, where the price of land can now reach $1,500 per square foot, despite recent measures to dampen the market. (Photo: Steve Tickner / The Irrawaddy)

For most people living in Myanmar's largest city, starting a business or buying a home is becoming an increasingly unattainable dream, as strong demand—and a crony stranglehold on the local real estate market—continue to drive property prices ever higher.

In some parts of the city, the cost of buying land has increased tenfold over the past five years. In downtown Yangon, for instance, prices reach as high as US$1,500 per square foot on Sule Pagoda Road in Kyauktada Township. Property values in residential areas along Inya Lake have also spiked.

Even before 2011, when Myanmar introduced economic and political reforms that ushered in an influx of foreign investment, Yangon's property values were on an upward trend. In 2007, property taxes were cut from 50 to 15 percent, spurring the first surge in demand. (In 2012, they were raised again to 37 percent in a bid to cool off an overheated market, but to no avail.)

But even as properties were changing hands, little in the way of development was taking place in the country's largest city. When the then ruling military regime moved the capital to Naypyitaw in 2005, most of the largest developers followed, leaving Yangon to languish in neglect.

"Developers close to the previous government got a lot of new construction projects in Naypyitaw, so they moved there," said U Khun Htoo, a spokesperson for the Naing Group Construction Co, Ltd. "Many projects were left unfinished, some of which still haven't been completed."

The smaller companies that did stay behind managed to increase their market share, but faced renewed pressure from the big-time players after 2010, when the regime started privatizing public assets. In a frenzy of deals that took place behind closed doors, government-owned buildings and factories were sold off to close business associates of the ruling generals—few of whom, according to U Khun Htoo, had any interest in developing them.

"In this privatization process, the winners were not real property developers," he said, giving the example of the Padonma Theater in Sanchaung Township, which was sold for 15 billion kyat (US$15 million) to a consortium of five investors, including Dr Ko Ko Gyi, the chairman of Capital Diamond Star Group, whose real estate development portfolio is currently limited to two shopping centers, one in Yangon and another in Naypyitaw.

"The location of the old Padonma Theater is very good, and if it had been sold to a developer, it could have been used to build residential properties or office towers to meet market demand," said U Khun Htoo.

"All the best locations ended up in the hands of cronies, who are holding onto the land because they know it will increase in value as time passes," he added.

In recent years, the number of new residential units has increased by a mere 20,000 per year—roughly a third of the number needed to accommodate the city's growing population. The primary reason for the slow pace of growth, say developers, is the excessive cost of purchasing land.

"The actual construction costs involved in building a condominium are about 40-50,000 kyat per square foot," said a director of the Shine Construction Co., Ltd., who asked not to be identified. "At that rate, condos should sell for around 150,000 kyat per square foot. But because of the cost of land, the price is more like 500,000 kyat per square foot."

This is bad news for would-be homebuyers, many of whom say they've given up on the idea of buying a place of their own.

"I can't even imagine owning a condo in Yangon," said U Ko Ko Zaw, who works for a car rental agency in the city. He said he couldn't even afford a modest downtown apartment selling for 70 million to 200 million kyat ($70-200,000), much less a luxury unit going for 800 million kyat.

Under the current circumstances—rapidly rising property prices and stagnant wages—developers remain reluctant to begin work on new projects until consumers' purchasing power catches up with their ownership ambitions.

"Some developers are only advertising properties, but haven't even begun construction. There are a lot of sites like this around Yangon, because they're waiting for property prices to increase," said the Shine director, adding that that wouldn't happen until basic salaries began to rise.

"Even if a household saves 100,000 kyat a month, how can they buy an apartment? That's why the government should set higher wages," he said.

There are also other things the government could do to make it easier for the private sector to develop the city, he added, such as improve public transportation and infrastructure so that people would be more willing to move to the outskirts of the city, and allow banks to offer mortgages.

On Oct. 1 of last year, the government of Yangon Division stepped in to stem rising property prices by setting fixed values based on location—a measure that curtailed sales, but did little to address the problem of the gap between supply and demand.

"The real estate sector is now stagnant, but prices haven't started to fall yet," said a senior manager at the Yangon-based realtor Unity. "But everything depends on the country's situation, so let's wait and see what happens."

The post Out of Reach appeared first on The Irrawaddy Magazine.

A Tribute to Maung Thaw Ka

Posted: 12 Feb 2014 12:35 AM PST

1988, democracy, dissidents, writers, political prisoner, Insein Prison, Muslim

Maung Thaw Ka standing beside Daw Aung San Suu Kyi when she gave her first public speech on a makeshift platform at Yangon General Hospital on Aug. 24, 1988. (Photo: U Sonny Nyein)

It is generally assumed that Daw Aung San Suu Kyi's first public appearance was at the Shwedagon Pagoda on Aug. 26, 1988, when hundreds of thousands of people came to hear her speak. But she had actually appeared in public two days before that historic event. On Aug. 24, she stood on a makeshift platform outside Yangon General Hospital, made a brief speech and announced that a rally would be held at the Shwedagon. A photograph taken at the time shows her with a microphone in hand, some curious nurses looking out through a window in the hospital—and a tall man in a striped shirt and with a slightly bent back standing behind her. Beside her is a young woman, the famous film actress Khin Thida Htun.

The man in the striped shirt was Maung Thaw Ka, a well-known writer who, together with the journalist and editor U Win Tin and film director U Moe Thu, had persuaded Daw Aung San Suu Kyi to become involved in the movement for democracy. After the military had gunned down thousands of demonstrators on Aug. 8-10, the movement needed a leader, a voice that everyone could rally behind. Maung Thaw Ka, U Win Tin and U Moe Thu went to see Daw Aung San Suu Kyi. They knew Gen. Aung San's daughter was in town because they had seen her picture in the paper, laying a wreath on her father's grave on Martyrs' Day, July 19. They were not sure, however, that she could speak Myanmar. She had been abroad for many years and, in her native country, few outside the immediate family knew her.

But it was worth a try and the three intellectuals ventured over to her house on University Avenue. It soon became clear to them that her spoken Myanmar was excellent. But she was not interested. She had come back only to nurse her ailing mother, Gen. Aung San's widow Daw Khin Kyi, she said. The trio persisted and paid a second visit to University Avenue. This time she agreed. She realized that as her father's daughter, she could not remain silent when the country was in upheaval. The rest is history.

U Win Tin is still active, writing, making speeches and giving interviews to journalists despite his advanced age. He will turn 85 on March 12. U Moe Thu is making a movie about Gen. Aung San together with Zagarnar. But Maung Thaw Ka passed away on June 11, 1991, shortly before his 63rd birthday. He was a dear friend of mine and I met him in Yangon when I was there in February 1989, my last visit to the country until my name was taken off the blacklist in 2012.

In the late 1980s, he had a small photo shop near the Sule Pagoda in downtown Yangon, where he sold film and people could have Photostat copies made. We spent a couple of days together, and he gave me a vivid account of the massive demonstrations that had shaken Yangon less than half a year before. And he took me around Yangon in his car, a small pickup truck, to see the places where the killings had taken place. We became good friends, and without Maung Thaw Ka's help I would never have been able to write my account of the uprising, "Outrage: Burma's Struggle for Democracy."

Maung Thaw Ka was actually his penname. He was born Ba Thaw in 1928 in Shwebo. His other name was Nur Marmed. He and his family were Muslims, and that was not an issue when he, U Win Tin and U Moe Thu, two Buddhists, went to see Daw Aung San Suu Kyi in August 1988. It was before some fanatics began to try to drive wedges between people of different faiths.

In 1947, a year before independence, he joined the navy as a cadet. He was later promoted to commander of the Myanmar Navy's ship 103. That was going to change his life forever. While patrolling the southeastern coastline of Myanmar in November 1956, the ship sank. Lieutenant Ba Thaw, as he was then known, and 26 of his crew escaped in two rubber life rafts. One of those with nine men onboard was never seen again. The others were rescued by a passing Japanese ship 12 days later. By then, seven of the 18 men in Ba Thaw's raft were dead, and another died on the Japanese ship.

After that tragedy, Lt. Ba Thaw left the navy and became Maung Thaw Ka the writer. The first book he authored was called "Taikyeyin 103," or "Battleship 103." It was a gripping account of the shipwreck and the crew's struggle to survive on the open sea. He wrote short stories and poems and translated Shakespeare, John Donne and Percy Bysshe Shelley into Myanmar. He was also the translator of William Cowper's "The Solitude of Alexander Selkirk," verses about the Scottish seaman who was shipwrecked on an island in the Pacific, and on whose life Daniel Defoe based his famous novel Robinson Crusoe.

Apart from his poetry, Maung Thaw Ka was best known for his satirical wit. He had a wonderful sense of humor and, although he became the editor of Forward, a government-run monthly in Myanmar and English, he never ceased poking fun at people in power. And even under the harsh rule of the Burma Socialist Program Party, he got away with it. He was after all a national hero because of his background in the navy and then, of course, Battleship 103. Some of his satires were collected as "Ya Ma Kar Lu Lin," or "The Alcoholic." What appeared to be the ranting of a drunkard were, in reality, biting criticism of the corrupt, established order. Sometimes he was blunter. In her "Letters from Burma," Daw Aung San Suu Kyi recalls: "On being told that a fellow writer believed in ghosts, Hsaya [teacher] Maung Thaw Ka riposted: 'He believes in anything, he even believes in the Burma Socialist Program Party!'"

Maung Thaw Ka became one of the members of the Central Executive Committee of the National League for Democracy when it was set up on Sept. 27, 1988. And like all the other pro-democracy leaders, he was arrested when intelligence chief Gen. Khin Nyunt cracked down on the movement in July 1989. He was sentenced to 20 years' imprisonment with hard labor. His "crime"? He had tried to "split the armed forces," the judge said. He had actually written a letter to his old friends in the navy asking for their support and urging them not to take part in the killings of unarmed demonstrators. Maung Thaw Ka was badly beaten during his interrogation, which made his rather frail physical condition worse. He already suffered from spondylitis, or inflammation of the vertebra, which he had contracted while drifting around in that life raft in 1956 and had left him with a bent spine.

According to the official version, Maung Thaw Ka became "unwell" and was transferred to hospital, where he died. But one of his former fellow inmates in Insein Jail tells a different story. Maung Thaw Ka was already dead when his body was taken to hospital. He had been kept in a barren cell without food following his support for a hunger strike among the political prisoners in Insein. It would have looked very bad if a well-respected person like him had died on the concrete floor in his cell, so the authorities had to come up with a blatant lie. Maung Thaw Ka was, in fact, murdered.

Maung Thaw Ka was laid to rest in the Sunni cemetery in Yangon, beside his brother Ba Zaw, or Gholam Marmed, a captain in the infantry who had died from natural causes in 1980. The cemetery was swarming with military intelligence agents when Maung Thaw Ka's coffin was brought there in 1991. During my last visit to Myanmar, I went to Maung Thaw Ka's grave to pay my respects to him, a dear friend, a brilliant mind—and a true Myanmar patriot.

The post A Tribute to Maung Thaw Ka appeared first on The Irrawaddy Magazine.

Australian Drug Trafficker’s Media Payday in Doubt

Posted: 11 Feb 2014 09:19 PM PST

Schapelle Corby, Indonesia, Australia, drugs, marijuana, trafficking, smuggling

Convicted Australian drug trafficker Schapelle Corby is escorted by police from the prosecutor's office in Denpasar, on the resort island of Bali Feb. 10, 2014, following her release from Kerobokan Prison. (Photo: Reuters)

CANBERRA, Australia — An Australian drug trafficker newly freed from an Indonesian prison faces an uphill battle under Australian law to keep any earnings from a reported multimillion-dollar interview deal.

Schapelle Corby walked out of Bali's Kerobokan prison on Monday with a hat and scarf hiding her face from a waiting media throng. She was whisked away to an expensive Bali resort by Australia's Seven Network, which media say has offered her as much as 3 million Australian dollars ($2.7 million) for an exclusive interview.

That's big money for Australian checkbook journalism and a potential financial windfall for Corby, a 35-year-old who has spent nine years in prison and was studying to be a beautician before her arrest.

On Tuesday an Australian women's magazine posted online what it says is the first picture of Corby without a mask as she drinks a beer with her half-brother Michael Corby in a hotel room.

Other media have said a Seven interview deal would be worth AU$1.3 million plus expenses, but the network has declined to comment. It did issue a news bulletin that cited a Corby family statement calling the reported sums ridiculous.

"If Schapelle feels that she wants to tell her story to the Australian public, she will do it with someone she trusts," the statement said.

The statement also said the family planned to sue Seven's major rival Nine Network over a biopic, "Schapelle," it aired twice this week.

The telling of her story has already brought the Corby family in conflict with Australia's Proceeds of Crime Act, which mandates that crime should not pay. In 2007, a court ordered Corby, her sister Mercedes and Mercedes' Indonesian husband Wayan Widyartha to hand over AU$128,800 they earned from a book and magazine interview deal.

Under the law, Australian courts don't have to be convinced beyond reasonable doubt that crimes happened. The lesser legal test on the balance of probabilities applies. Australian Federal Police said in a statement "it would not be appropriate to speculate on the likelihood of future legal proceedings."

Christian Juebner, a Melbourne lawyer who specializes in prosecuting and defending proceeds of crime cases, said it was "highly likely" the AFP would seek a court order to seize the proceeds of any media deal.

"I just can't image that the AFP will stand by when it's been so well publicized that she is receiving directly or indirectly the benefit through her notoriety …, without taking a stance, to say: well, people just can't benefit from their criminal activity," he said.

Natalie Skead, a University of Western Australia associate professor who wrote her doctorate thesis on Australian proceeds of crime laws, said the fact that Corby had broken Indonesian law and would remain in Indonesia on parole until 2017 did not put her beyond the reach of Australian law.

She expected AFP would seek a seizure ruling but said Corby's best hope would be to ask a judge for discretion.

"The court can refuse to make a confiscation order if there is some social, cultural or educational value in the product," Skead said.

Corby maintained that she does not know how 4.2 kilograms (9 pounds) of marijuana wound up in her surfboard bag on arrival at Bali's international airport in 2004 for a family holiday. It led to 20-year sentence for drug trafficking.

Many Australians appeared to believe Corby was innocent at first, though that view became less commonly heard over time. Her case coincided with intense attention in Australia over the 2002 Bali bombings. Many people questioned the fairness of her punishment compared to some of those convicted of minor roles in the terrorism case.

Max Markson, an Australian celebrity manager, said Corby's story could be worth more than the story of two Australian miners who were paid between AU$2.7 million and AU$3 million in 2006 for telling how they survived for two weeks trapped in a gold mine.

"The miners was the biggest checkbook journalism story in Australia and this would probably be around the same or even more," he said.

Markson did not see proceeds of crime law as an insurmountable obstacle. "If there's AU$3 million at stake, they'll be having lawyers on it," Markson said.

The post Australian Drug Trafficker's Media Payday in Doubt appeared first on The Irrawaddy Magazine.

China, Taiwan Hold Highest-level Talks Since Split

Posted: 11 Feb 2014 09:15 PM PST

China, Taiwan, foreign relations, international politics, conflict

Head of the State Council Taiwan Affairs Office Zhang Zhijun (4th R) meets with Wang Yu-chi (4th L), Taiwan’s mainland affairs chief, in Nanjing, Jiangsu province on Tuesday. (Photo: Reuters)

NANJING — China and Taiwan hailed a new chapter in their relations on Tuesday and said their ties would advance after they held their highest-level government talks since they split amid civil war in 1949.

The two-hour discussions in the eastern Chinese city of Nanjing marked a leap forward in official dialogue, sidestepping Beijing’s refusal to recognize the self-governing island’s sovereignty. No formal agreements were signed, with both sides saying just the fact that they could meet as equals marked a major step forward.

"The holding of this meeting marks a new chapter in our relations," Taiwanese envoy Wang Yu-chi told a news conference following the talks.

Ma Xiaoguang, spokesman for Chinese delegation head Zhang Zhijun, said the establishment of a regular channel of communication between the sides was the most significant outcome of the discussions.

"We bear a heavy responsibility. We can’t let relations run into further obstacles, much less allow them to backslide," Ma said

The choice of Nanjing as the venue resonates because it was the capital of Chiang Kai-shek’s Nationalist government during the war against Mao Zedong’s Communists before the Nationalists were forced 65 years ago to flee the mainland for Taiwan. It also is the location of the tomb of the founder of republican China, Sun Yat-sen, who is revered in both Beijing and Taipei.

Wang will visit the shrine on Wednesday before heading to Shanghai to give a speech and pay a series of courtesy calls. There were no plans for further talks between Wang and Zhang.

Earlier, Zhang said the talks were aimed at consolidating the consensus reached at previous meetings. He didn’t offer any specifics.

"Our meeting had been something unimaginable before, but if we really want to achieve breakthroughs we must apply a bit of creativity," Zhang said.

Zhang said talks touched on Beijing’s desire to see Taiwan ratify a trade services agreement that would allow the sides to open a wide range of businesses in each other’s territory. Beijing approved the accord more than six months ago but it remains stuck in Taiwan’s legislature, a reflection of the public’s fear of being overwhelmed by their giant neighbor.

Zhang said they also discussed exchanging permanent representative offices, but that multiple technical questions remain to be overcome.

It’s in China’s interests to build trade relations with Taiwan, which it considers part of its territory and wants to eventually reunify. Previous threats to attack the island if it declares formal independence or delays unification indefinitely have only antagonized Taiwanese people. In 1995-96, China fired missiles, conducted military exercises off the Taiwanese coast, and tried to influence its internal politics, further alienating Taiwanese people.

But China took a less confrontational approach a decade ago under former President Hu Jintao. The policy received a boost when the pro-China government of President Ma Ying-jeou was elected in 2008, giving Beijing the opportunity to use the trade carrot as the centerpiece of its Taiwan policy in the apparent hope that it would force Taiwanese people to look at relations with China more favorably and tamp anti-China sentiments.

Since 2008, trade doubled to $197.2 billion last year. Taiwan enjoys a $116 billion trade surplus with China, one of the few countries or regions that can boast that. Taiwanese companies have invested hundreds of billions of dollars in the mainland, with companies such as Foxconn employing millions of workers making iPhones, Playstations and other popular goods.

Taiwan also benefits heavily from an opening to Chinese tourists, who travel across the 150-kilometer (100-mile) Taiwan Strait.

Before the start of the talks, Taiwan’s Wang said he hoped to discuss setting up permanent representative offices and would push for greater Taiwanese representation in international organizations — something Beijing has resisted.

There have been indications China is eager for political movement in addition to the economic ties, with Chinese President Xi Jinping telling a Taiwanese envoy at an international gathering in Indonesia last year that the issues should not be handed down from generation to generation.

Beijing is keen to consolidate the gains while Ma is in power. With national elections approaching in 2016, he has become increasingly unpopular and opposition to unification has been hardening despite the economic ties. About 80 percent support the status quo of de-facto independence and just a sliver back unification outright.

The post China, Taiwan Hold Highest-level Talks Since Split appeared first on The Irrawaddy Magazine.

Unassuming Aircraft a Drawcard at Asia’s Arms Bazaar

Posted: 11 Feb 2014 09:11 PM PST

arms, conflict, China, Asia, South China Sea, Singapore, air defense, maritime defense

A U.S. Navy Boeing Poseidon P8 sits on display at the Singapore Airshow, where it was the star attraction among Asian military officers. (Photo: Reuters)

SINGAPORE — The star attraction at Asia’s biggest arms and aerospace bazaar is an outwardly unassuming aircraft parked in a distant corner of the tarmac, past the sleek jet fighters and menacing attack helicopters.

An operational P-8A Poseidon surveillance aircraft is on public display for the first time, with its manufacturer, Boeing, hoping for rich sales in a region that has two of the world’s most tense maritime disputes.

Many of the uniformed officers from Asia’s militaries who are visiting the biennial Singapore Airshow make a beeline for the aircraft.

For the most part, the Poseidon is a Boeing 737, the world’s most commonly seen passenger jet. But first looks can be deceiving – this plane can be fitted with torpedoes, depth charges and anti-ship missiles. Inside are packed some of the world’s most advanced avionics, radars and sensors, making it the only long-range marine patrol aircraft that can hunt and destroy submarines.

"When you want the best long-range anti-submarine warfare aircraft in that class, we have the product that’s most developed," said Chris Raymond, an executive vice president in Boeing’s defense, space and security division.

Defense analysts say maritime surveillance is the most pressing security need in East and Southeast Asia, made up of predominantly littoral states. Rival maritime claims that have pitted China, which has one of the world’s fastest growing militaries, against Japan and other Asian nations have made the South and East China Seas dangerous flashpoints.

Piracy and smuggling are also rife in the region. And natural disasters strike with depressing regularity, leading to a need for search and rescue aircraft.

"Maritime patrol is the buzzword at the moment, especially in Singapore," said Gareth Jennings, an aviation expert at IHS Jane’s.

"Obviously, the elephant in the room is China. Everything is kind of geared at China’s perceived growing political and military influence in the region."

Big Bucks

At about $175 million apiece, the Poseidon is however too expensive an option for most nations. Besides the United States, India has bought eight P-8 variants and is in talks on exercising options for four more.

News reports have said New Delhi may consider buying another 12 additional aircraft, but Boeing officials said this had not yet been discussed.

Australia, which is a partner in the development of the Poseidon, has not placed an order, but could do so soon.

Raymond, the Boeing official, said the company was talking to several potential customers, including at the airshow, but would not give details.

"We are involved in operation analysis and some of the early pricing and configuration discussions with a number of countries," he said.

Globally, the company hopes to sell 100 Poseidons to countries other than the United States, he said.

But several manufacturers offer options lower down the price scale.

Sweden’s Saab is displaying its Saab 340 marine surveillance aircraft at the Singapore Airshow, which sells at a price of around $20 million apiece.

"Many countries want a variety of capabilities for their maritime patrol aircraft, including the ability to search for submarines," said Richard Hjelmberg, the company’s chief salesman for maritime surveillance aircraft.

"But not all of them have the budget for that. And when we talk to them, we ask if they really need all of that capability, which comes at a high price. What we find is that they are happy with an aircraft that can provide comprehensive maritime surveillance and allows them to monitor their coast, and we offer that solution."

Potential customers could include Singapore, Indonesia, Thailand, Malaysia, the Philippines and Vietnam. The latter three are locked in disputes with China over overlapping claims in the South China Sea.

Other aircraft in this segment include a marine patrol variant of the CASA/IPTN CN-235, a plane jointly developed by Airbus Military and the Indonesian aerospace company IPTN.

Lockheed Martin Corp is refurbishing P3 Orions, its long-standing marine patrol aircraft that costs about half as much as a Poseidon, while Italy’s Alenia Aermacchi, a unit of Finmeccanica, has developed the ATR 72 MP that has been deployed by the Italian air force.

And although Japan is currently not exporting military aircraft, Kawasaki Heavy Industries is developing a maritime patrol aircraft called the P-1 for Japan’s Self Defense Force.

Low-Cost Version

Boeing itself has teamed up with Bombardier to develop a low-cost version of the Poseidon, using the Canadian company’s Challenger 605 business jet in conjunction with P-8 surveillance and radar systems.

The market for this aircraft, called the Boeing MSA, could be about $10 billion over the next 10 years, company officials say. It will cost about one-third of the Poseidon, or about $60 million, which could make it attractive for several countries in the region.

The plane will be shown to customers later this year.

"We have customers we are talking to who may end up with a combination of P-8 and MSA," said Fred Smith, a director of business development at Boeing Defense.

"They have a long-range requirement for anti-submarine warfare and for weapons but they also have a requirement where they want a smaller airplane to do other missions on a daily basis as well.

"You can see who has got maritime domain issues or concerns, and those are the types of folks we are talking to about this airplane," Smith added. "This part of the world offers a lot of opportunities because you have a lot of countries with a lot of coastline and a lot of concerns."

The post Unassuming Aircraft a Drawcard at Asia’s Arms Bazaar appeared first on The Irrawaddy Magazine.

Democratic Voice of Burma

Democratic Voice of Burma


Report shows scepticism over Burma’s press freedom

Posted: 12 Feb 2014 05:16 AM PST

Burma's 'democratic spring' may be cooling down as progress towards media freedom stagnates, according to the 2014 World Press Freedom Index.

Reporters Without Borders (RWB), a France-based press monitoring organisation, publishes the annual assessment, ranking 180 nations worldwide. While under military rule, Burma's ranking was consistently among the worst, but has risen steadily since the reform process began in 2011. Last year's Index anticipated that the country's consistent progress could set a good precedent for the entire region, which typically underperforms.

The 2014 report, however, emphasises Burma's failure to live up to those expectations: the Asia chapter features an entire section on Burma, making particular note of legislative shortcomings.

"The widespread euphoria generated by the successive amnesties of political prisoners in October 2011 and January 2012 has evaporated," it read, "With more freedom to speak out, civil society is complaining about the authorities."

Without a proper legal framework to protect Burma's journalists, this has proven to be extremely problematic. Last week RWB issued a public statement chastising the Burmese government for the detention of journalists associated with Unity Weekly journal, who are facing charges of violating state secrecy laws after publishing a report alleging chemical weapons production in a military-owned factory in central Burma.

Thiha Saw, editor in chief of Myanma Freedom Daily and member of Burma's interim press council, told DVB that the government was out of bounds in its response to the allegations. Such a case requires a neutral moderator, he said, to make sure that claims of false reporting are fairly attended.

"We have asked the government and all parties to rely on the Press Council in these matters, because we are able to mediate these kinds of problems," he said, "but this time they skipped that step."

It's not the first time, either. On 20 January, three Associated Press reporters were called into a state-owned publisher's office for a chat about responsible journalism, after state media had accused them of falsely reporting events in Arakan State's Duchira Dan [Du Char Yar Tan] village.

The original report, which details alleged atrocities committed against Rohingya Muslims in Burma's troubled western state, was the first account of the incident to hit international media. The government's persistent denial of both the events and access to the area has prompted a series of requests from foreign bodies to allow an independent investigation.

Benjamin Ismail, head of RWB's Asia-Pacific Desk, told DVB on Wednesday that the initial outbreak of communal violence in June 2012 delivered a "brutal" and "unfortunate" lesson about conditions for foreign journalists in the once-closed country.

"The problem remains for foreign press," said Ismail, "not all conditions are there for foreign press to enter and operate," adding that the right of media professionals to access sensitive areas and report on current events is still heavily restricted.

Criticisms, however, pertain mostly to serious impediments for local media workers. As many seasoned Burmese journalists cautiously return from exile, Thiha Saw said that new media regulations, currently stuck in a parliamentary logjam, are crucial to needed advances.

"We've shown a lot of improvement, but we have a long way to go, and it's really about this new legislation," he said. "On the government side, the legislation is really about the business of media, they want to maintain that."

Thiha Saw was referring to two bills currently under review; the contentious government-drafted Printing and Publication Enterprise Bill, and a Media Bill drafted by the interim press council, a semi-independent committee established in 2012 to oversee media reform.

"We're not happy about the MOI [Ministry of Information] version," he added, but said that the two bills are likely to pass within a few months.

The Index makes the same admonition: "[t]he promise to draft media legislation that complies with international standards has not been kept. Without any consultation, the government submitted a draft media law to the lower house of the parliament (the Pyidaungsu Hluttaw) on 4 March that would impose clearly unacceptable restrictions on media freedom."

Ismael explained that when the government first attempted to approve the legislation, "what started as a miscommunication was clearly, in fact, a move by authorities not to include the media," one that has led to a deep mistrust of the government by both the interim press council and the RSF.

Last year Burma leapt up the ranks by 18 places, but progress slowed in 2013 as the country inched up from 151st to 145th of 180 nations monitored.

Henzada protestors say no more to Article 18

Posted: 12 Feb 2014 03:42 AM PST

Residents in Irrawaddy Division's Henzada marched through the delta town on Tuesday demanding citizen rights, constitutional reforms and the abolishment of Article 18 of the Peaceful Assembly and Peaceful Procession Law.

Article 18 states that a protestor needs government permission before they protest.

"We see Article 18 as an oppressive law that denies citizens from practicing their rights," said protestorSein Thaung. "Every citizen has the right to express their opinion but the article, restricting this right, should be abolished."

Around 100 protestors joined the march on Tuesday morning, carrying placards with their demands.

The rally did get official permission from local police, under the Article 18 that they were protesting against.

Demonstrators marched to the Township General Administration Office, where leaders gave speeches on the constitution and citizen rights.

"Without charter reforms we will never escape from poverty and this is why we are calling to amend the Constitution," said High Court lawyer, Htein Win.

Any change to the Constitution requires approval from more than 75 percent of parliament.  The military, which hold 25 percent of seats in parliament, have the power to veto any bill that's presented.

"Since the military controls 25% of the seats in the parliament they can hinder any effort to amend the charter," said protest organiser, Sein Thaung. "Therefore we cannot do anything without their approval."

Last week a committee was formed to implement constitutional changes recommended by the Joint-Committee for Reviewing the Constitution (JCRC).

According to a statement, the 31-member panel, led by the deputy speakers of the upper and lower houses, aims to reform the charter for contemporary relevance, unity and peace among ethnic nationalities, and to keep pace with democratic reforms in the country.

 

Drug-laden truck crashes in Shan State

Posted: 12 Feb 2014 03:40 AM PST

A truck carrying nearly 50,000 amphetamine pills worth an estimated street value of 93.6m kyat (US$93,000) crashed while attempting to run through a police roadblock in northern Shan State's Muse District on Monday. Police arrested the driver who is now facing narcotics charges.

T-Khaung Luang, acting superintendent of Muse Police's Anti-Narcotic Task Force, said 32-year old Muse native failed to stop his pickup truck when he approached a police checkpoint along the road to Namhkan on 10 February.

Police say the man sped off in an attempt to escape, but crashed into a hill following a high-speed chase.

"The Muse Anti-Narcotic Task Force and local police officials stopped a vehicle at a checkpoint near to Lwe Sutaung Pagoda on the Muse-Namhkan road but the driver sped off, leading to a chase," said the officer.

"The police attempted to stop him by blocking the road ahead with a motorbike, but he rammed it over. We set up another roadblock with a truck – he then went off the road while attempting to drive around it and crashed into a hill."

A bag containing 46,800 amphetamine pills, known in Burma as "yaba", was found next to the driver's seat. The driver, unharmed in the crash, has been charged with trafficking under the Narcotics, Drugs and Psychotropic Substance Law.

The officer said it was the sixth drug-related arrest in Muse District within the past week, and by far the largest bust.

Fresh fighting in northeast Burma raises concern among ceasefire groups

Posted: 12 Feb 2014 03:16 AM PST

The Kachin Independence Army (KIA) has reported clashes with government forces near their Laiza headquarters.

A KIA official told DVB that a militia unit stationed at the abandoned village of Ja Ing Yang, two-hours from Laiza, engaged in fire-fight with Burmese Army units patrolling the area on 10 February. The official confirmed that there had been no casualties on either side.

The news comes amidst further reports of clashes in Mansi Township, where the KIA's 3rd Brigade is active.

The official expressed concerns that continued violence could impact peace-making efforts, as fighting resumed in the region while ceasefire talks remain underway.

Meanwhile, the Ta’ang (Palaung) National Liberation Army (TNLA) has also reported clashes with the Burmese Army in neighbouring Shan State. The TNLA says that violent outbreaks occur almost daily.

The TNLA's Information Officer Capt Aik Kyaw said the group has seen at least 16 offensives this year by Burmese government troops against its positions across Kyaukme district's Manton and Namhsan townships in northern Shan State.

"There are five Burmese Army battalions active in the region and they have frequently clashed with our troops" Capt Aik Kyaw said.

16 major ethnic armed groups signed their agreement on a draft ceasefire framework at Karen National Union (KNU) headquarters in Lawkheela last month. Mutu Say Poe, KNU leader and deputy-chairman of the Union Nationalities Federal Council — the ethnic armed umbrella group responsible for the draft pact — warned that continued fighting may delay the long-awaited nationwide ceasefire.

Women urged to take part in peace process

Posted: 12 Feb 2014 02:45 AM PST

The Burmese government's chief peace negotiator, Aung Min, suggested that women's involvement in the ongoing peace process will be on the agenda during upcoming negotiations.

The minister, who spoke to DVB at an art exhibition in Rangoon last Saturday, said future meetings with ethnic armed groups, geared towards achieving a nationwide ceasefire and long term political settlements, will devote some attention to the as yet near total absence of female voices in the historic discussions.

Thailand-based Women's League of Burma (WLB), an umbrella group of 13 women's rights organisations, welcomed the minister's remarks. However, WLB asserted that women who take part in the peace process should be individuals who truly represent women in the country.

"This is good news for us. However, we are concerned that there is a tendency for women to be invited to meetings just for the sake of their presence — only to sit at the table without participating," said Mi Sue Pwint, a WLB senior official.

"I would like those who are invited to peace talks to be women who really represent women's societies and are actively focused on the subject; those who will monitor and provide feedback on developments over time," she added.

Mi Sue Pwint said that women have born much of the brunt of the country's on-going civil wars.

WLB member groups have been educating women for better political knowledge — priming them for a role in state affairs through skill training programs.

The 88 Generation Peace and Open Society deputy-women's coordinator, Mee Mee, said it is necessary for government officials to undertake practical measures in order to keep promises made by senior government leaders.

"Officials such as the President and Union ministers make remarks promising changes, but they need to turn words in actions – we are hopeful to be able to take part in the peace process and make practical inputs," she said.

Mra Raza Linn is chairperson of the Rakhine [Arakan] Women's Union and the sole female member of the Nationwide Ceasefire Coordination Team (NCCT) — which represents ethnic groups engaged in talks with the government. Mra Raza Linn confirmed that women have had little to no role in the ceasefire talks.

NCCT committee member Hkun Okker believes that the participation of women would lead to more successful negotiations. However, he suggested that the presence of women in future meetings is dependent on the decisions of individual groups and who they appoint to attend the meeting.

"All we can do is to urge the groups to appoint female representatives to the meetings. Whether they do or not is only up to them," said Hkun Okker.

 

Gold miners push for Mining Law

Posted: 12 Feb 2014 01:12 AM PST

Workers at Tagon Gold Mine-1 in Mandalay division are calling on the government to adopt a Mining Law, which is currently being discussed in parliament.

Gold miners at Tagon have sent a letter to President Thein Sein urging him to adopt the bill into law to implement safety standards and the protection of miners' rights.

"There are around 900,000 to one million gold miners across the country according to our estimation," said Kyaw Moe, Chairman of the Labour Office at Tagon Gold Mine-1. "In order to ensure fairness for the miners under legal provisions it is necessary to have a Mining Law."

If adopted, the Mining Law would make it easier for foreign investment in the country's mineral sector.

In May 2012 the Ministry of Mining ordered the suspension of small-scale mining operations at the Moehti Moemi gold mine in Mandalay's Yamethin Township, leaving thousands of miners jobless.

The move was to make way for mining conglomerate, Myanmar National Prosperity Public Company Limited, who won a mining tender, to be able to operate in the area and to attract larger investments from international mining companies.

Since then workers at the Moehti Moemi mine have staged mass protests against the government's order.

The Tagon gold miners want to ensure the same thing does not happen to them. They are demanding that the law provides a right for them to operate small mining plots.

"There are more and more companies taking over the mines and we have nowhere to work," said gold miner Tun Hla. "We would like to have our own business. We know where the gold is but wherever we go to dig, the companies will follow and bid for the plots at auctions."

He went on to say that if private companies moved in, miners who previously ran their own small-time mining businesses would have to work as manual labourers for the company.

Over 1000 workers from Tagon have signed a petition calling for the adoption of the Mining Law.

Cross-country march to protest Myitsone

Posted: 11 Feb 2014 09:20 PM PST

Protestors demanding the complete shutdown of the Myitsone dam project will march from Rangoon to the confluence of the Irrawaddy River — where the N'mai and Mali Rivers meet in Kachin State — a distance of 23,000 miles.

The project, backed by Chinese state-owned firm Chinese Power Investment (CPI), was postponed by President Thein Sein's government in 2011, in a decision not to be reconsidered until the end of his tenure in 2015.

The march will be lead by the Former Political Prisoners Society (FPPS). FPPS member Ye Htut Khang said that the march would stop at towns and villages along the Irrawaddy to educate locals on the impacts the dam project may have.

The announcement comes as CPI has redoubled PR efforts surrounding the US$3.6 billion project. The firm, which supplies 10% of China's 1.3 billion-strong population with energy, referred to the 'wonderful work' of resistant NGO Kachin Development Networking Group (KDNG) as they took aim at CPI's corporate social responsibility report. CPI expressed its interest in 'face-to-face' talks with KDNG.

Participants in the march also plan to erect a monument at the confluence of the Irrawaddy River, the potential site of the Myitsone dam.

Poverty: a pressing human rights issue for the Chin

Posted: 11 Feb 2014 08:46 PM PST

It is a well-known fact that people in Chin State are officially the poorest in Burma, and by a wide margin. The majority of people in Chin State are subsistence farmers; 73 percent of people live below the poverty line. Arakan State is the next poorest with 44 percent of people living in poverty, according to UN statistics.

Less well-known is the widening disparity between levels of abject poverty in Chin State and the rest of Burma. 25 percent of people in Chin State live below the 'food poverty' line, meaning they spend all of their income on food. This level of extreme poverty is five times higher than the national average, compared with four times higher the last time statistics were compiled, in 2005.

So why is poverty such a huge problem in Chin State?

Discrimination as a root cause

Any sound analysis should adopt a human rights approach. According to the UN Guiding Principles on Extreme Poverty and Human Rights, "Poverty is an urgent human rights concern in itself. Not only is extreme poverty characterised by multiple reinforcing violations of civil, political, economic, social and cultural rights, but persons living in poverty generally experience regular denials of their dignity and equality."

At the heart of the matter is discrimination. Discrimination and poverty are inextricably linked, as emphasised by the UN Special Rapporteur on racism. The Chin experience many intersecting forms of State-sanctioned discrimination, based on their ethnicity (Chin), religion (predominantly Christian), language (for most Chin, Burmese is their second or third language), and socio-economic status (the poorest in Burma).

State-sanctioned discrimination manifests itself in myriad ways. Firstly, it is evident in government neglect, as noted by Tomás Ojea Quintana, UN Special Rapporteur on the human rights situation in Burma. Basic road, electricity, and communications infrastructures are still woefully inadequate, leaving Chin State isolated from the rest of country. There are not enough schools or healthcare facilities to meet the basic needs of the population, and they remain chronically understaffed.

Secondly, discrimination is evident in the lack of effective participation in public and economic life for Chin Christians in particular, with very few holding senior government positions in Chin State or elsewhere in Burma.

Thirdly, over the past two decades, State-sanctioned discrimination has manifested as a pattern of pervasive human rights violations perpetrated against the Chin by State actors.

Pervasive human rights abuses

During my time at CHRO, I have interviewed well over one hundred Chin refugees in different contexts in Malaysia and India. As a root cause of flight, the pattern of human rights violations at the hands of the military and other State actors is crystal clear to me. But over the past four years I have also encountered many prejudiced attitudes towards the Chin, from other Burmese. "Oh, the Chin are just poor. They're not genuine refugees, just economic migrants," is a remark I have heard all too often.

It's true that when I ask a Chin refugee about the main problem they faced in Burma, usually they start by saying they are poor. The head of a household will explain he couldn't harvest enough rice to feed his family. When I dig deeper, a disturbing pattern emerges. Land confiscation, reducing the available land for a family to cultivate; portering or other forms of forced labour several times a year, preventing family members from tending to their farm as often as needed to maximise crop yields; and soldiers misappropriating rice, chicken, or livestock at gunpoint, leaving families going hungry. Typically, a person will reach a tipping point and decide to flee. For many I have interviewed, that point came after the third, fourth, or tenth experience of portering or other form of forced labour.

A 2011 Physicians for Human Rights (PHR) report — based on a quantitative survey of human rights violations experienced by Chin households between 2009 –10 — found that almost 92 percent of Chin households surveyed were victims of forced labour within that year. On average that year, each household was subjected to forced labour three times. PHR concluded that this, and other grave human rights violations perpetrated against the Chin by State actors, amounted to crimes against humanity.

The role of the State

Poverty has been created, perpetuated, and exacerbated by acts and omissions on the part of the State, underpinned by discrimination.

On the one hand, the government is failing Chin people in its obligations to provide basic infrastructure and services to ensure that Chin can enjoy their rights to an adequate standard of living, adequate food and nutrition, water and sanitation, education, and the highest attainable standard of physical and mental health.  Such failure —  rooted in State-sanctioned discrimination —  has both created and perpetuated abject poverty.

“Poverty has been created, perpetuated, and exacerbated by acts and omissions on the part of the State, underpinned by discrimination.”

On the other hand, in the case of Burma and Chin State in particular, pervasive human rights abuses committed by State actors – particularly forced labour and land confiscation – have seriously undermined Chin livelihoods over the past two decades, and undoubtedly exacerbated levels of extreme poverty.

Thankfully, the overall prevalence of human rights abuses committed by the military and documented by CHRO since President Thein Sein's government took power in 2011 has declined. However, CHRO continues to document serious violations, including land confiscation without adequate compensation, and violations of freedom of religion or belief. As long as such abuses are ongoing, the cycle of poverty and discrimination will continue. At the same time, communities are still dealing with the long-term economic, social, cultural, and health consequences of pervasive past violations, with no access to justice or forms of redress available to them at present.

Ending poverty in Chin State

Solutions for tackling poverty in Chin State must be rooted within the human rights framework.  It goes without saying that human rights abuses must stop; but this will only happen if positive steps are taken to end recurrence. These include wide-ranging measures to end all forms of discrimination against the Chin. Accountability for past violations is also a highly effective deterrent; but at present impunity remains deeply entrenched in Burma. It is for the Chin people themselves to debate and potentially pursue different elements of transitional justice, with support from organisations like CHRO. These could include the restitution of land confiscated by the military and other reparations for the harms suffered.

Massive investment in basic infrastructure and services is urgently required in Chin State. But any strategy or development programme aimed at poverty reduction in Chin State —  be it led by government, international donors, UN agencies, INGOs, NGOs, or civil society organisations —  must be implemented in accordance with the UN Guiding Principles on Extreme Poverty and Human Rights. These include: effective and meaningful participation; equality and non-discrimination; and transparency and accountability.

Only with the full enjoyment of their basic human rights, including the right to effective participation in public life —  plus access to justice for past violations —  will the Chin have a chance to break the vicious cycle of poverty and discrimination and determine a brighter future for themselves.

 

Rachel Fleming has spent the past four years working as Advocacy Director at the Chin Human Rights Organization (CHRO). She recently visited Paletwa township, her first trip to Chin State. This article was first published in the Chinland Guardian on 9 Feburary 2014, the first in a forthcoming series.