Wednesday, November 25, 2015

The Irrawaddy Magazine

The Irrawaddy Magazine


Failing to Protect Women, In Burma and Beyond

Posted: 25 Nov 2015 04:38 AM PST

   

"Salt in the Wound: Justice Outcomes and SGBV Cases in the Karen refugee camps, 2011-13," is available to download from the KWO website in English and Karen language. (Photo: KWO)

Nov. 25 marks the International Day for the Elimination of Violence Against Women. Karen Women's Organization (KWO) chose this date to release our report "Salt in the Wound: Justice Outcomes and SGBV Cases in the Karen Refugee Camps, 2011-13". The report documents the results of 289 cases of sexual- and gender-based violence (SGBV) in the seven Karen-majority refugee camps located along the Thai-Burma border.

The results of our research were depressing. In the vast majority—80 percent—of all the SGBV cases in six camps, women received inadequate justice responses. Even in cases of sexual violence, including rape, we found that the response of the judicial system was lacking. The inadequate rulings include perpetrators simply signing an agreement to say that they won't repeat the crimes—typically with no follow up to ensure that they don't—or paying a small fine to the authorities—usually with zero compensation for the victims—or almost no action at all by the authorities. This is an inadequate response for crimes of violence.

The results are particularly surprising given that the DFID-funded International Rescue Committee "Legal Assistance Centers (LAC)" program, as well as the United Nations High Commissioner for Refugees (UNHCR) in Thailand, have been leading the access to justice and protection sectors here for many years. Our report results show that they have failed to adequately protect women in camp communities.

In partnership with international nongovernmental organizations (INGOs), the refugee camp committees have been managing the camps for more than 20 years.  They have created complex health, education, food distribution, and social welfare systems that meet their basic needs, while working with very few resources to serve the needs of the displaced communities from Burma living in very challenging, crowded circumstances in the camps. This has not happened in the Justice and Protection sector, requiring those responsible to be held to account.

The message that we have received from the rulings found in our research is that violence towards women is not taken seriously, and that it is not an issue that requires action by the authorities. Conversely, the message to violent men is that it's okay to beat or rape women. Many people in the camps are very alarmed by this ongoing impunity, including men. Karen men and women do not want to learn of their sisters, aunts, daughters or mothers being hurt, hence no adequate action is taken to protect them from further harm.

Many of the cases from our research were domestic cases—70 percent—and therefore we found that there is a strong tendency for people to shy away from addressing instances of violence by calling them family affairs that should not be interfered with. In all types of violence against women, there is also a tendency to blame the victim rather than the perpetrator. We need changes within the social and judicial systems, recognizing that the blame and punishment should be placed solely on the perpetrator and not the victim.

Lately there has been a lot of talk about the possibility of refugee repatriation. Many actions and events are being interpreted as push factors for refugee return, such as cuts in services and food rations by INGOs, the October 2015 ceasefire agreements, and the November election results.  The findings of our report, while alarming, should not be used as another excuse for increasing the pressure on refugees to return. The findings of our report demonstrate the widespread and pervasive nature of violence against women in our society. Whether it is state-sanctioned violence perpetrated by soldiers, or violence that is allowed to spread in the community due to failures in the justice system, it is unacceptable. The World Health Organization has called violence against women a global epidemic; it is not a problem found only in refugee camps or in Burma, but all around the world. One in every three women has been beaten, coerced into sex, or otherwise abused in her lifetime.

The push factors for refugee return should be that refugees can envisage a safe and dignified return. Right now such a return is not possible. Landmines and increasing presence of the Burmese military continue to threaten our communities in Karen State. While the peace process is perceived as a key factor in refugee return, it remains a serious concern to us, as women, that this process has been predominantly led by men. We don't think there is a chance for real peace or justice until women are able to take stock in the peace process to ensure the security of themselves and their communities. The leadership must begin to address gender inequality and accept that women take part in every aspect of managing our community and country, starting with this peace process.

In terms of justice in Burma, despite reform in some sectors, the judicial system remains under the control of the Burmese military, which is an all-male institution. The military in Burma is well known for their recurrent use of rape as a weapon of war against ethnic nationalities.

We know from the experiences of other countries that providing substantial and comprehensive justice responses to sexual- and gender-based violence is effective in reducing violence against women. The justice system must send a clear message to the perpetrators, community and the society at large that violence against women is not tolerated: By ensuring that perpetrators receive due punishment for their crimes.

Through this report, we hope that the justice systems in the refugee camps are reformed so that our community can properly respond to the suffering of women. Given the right support, camp committees can create a better justice system. We hope that INGOs, UNHCR, donors and other agencies will welcome our report's evidence and insight and view its findings as an opportunity to support the camp committees to reform the justice system.

There should be no delay in providing justice for victims of all violence, including the sexual- and gender-based violence in the refugee camps. We must strengthen the justice system in the camps so that this system can help refugees prepare for a safe and dignified return to Burma when the time is right. However, there is still a lot of work ahead.
KWO's new report, "Salt in the Wound: Justice Outcomes and SGBV Cases in the Karen refugee camps, 2011-13," is available to download from the KWO website in English and Karen language.

Naw K'nyaw Paw Nimrod is the secretary of Karen Women's Organization (KWO).

The post Failing to Protect Women, In Burma and Beyond appeared first on The Irrawaddy.

Five Men Detained, Charged Over ‘Rohingya Calendar’

Posted: 25 Nov 2015 04:22 AM PST

A Rohingya Muslim man who has a citizen card votes at a polling station in a refugee camp outside Sittwe November 8, 2015. Voting began on Sunday in Myanmar's first free nationwide election in 25 years, the Southeast Asian nation's biggest stride yet in a journey to democracy from dictatorship. REUTERS/Sai Aung Min

A Rohingya Muslim man who has a citizen's card votes at a polling station in a refugee camp outside Sittwe, Arakan State, November 8, 2015. (Photo: Sai Aung Min / Reuters)

RANGOON — Police have charged five men accused of involvement in the printing of a calendar which included comments that the Muslim Rohingya are an ethnic minority group living in Burma.

The five accused, including Kyaw Kyaw, the owner of Kyaw Printing House in Rangoon, and four colleagues, were charged under Article 505(b) of the Penal Code, Pazundaung Township police said on Wednesday.

As Myanmar Now reported on Tuesday, the 2016 calendar uses the word Rohingya, refers to a 1950s era "Rohingya radio channel" and cites former prime minister U Nu as having used the description. The publishing house reportedly printed over 700 copies of the calendar.

Burma's government refers to the Rohingya minority predominately residing in Arakan State as "Bengalis" to imply they are illegal immigrants from Bangladesh.

The five men were each hit with 1 million kyat fines on Monday under the Printing and Publishing Law before being rearrested.

Article 505(b) of Burma's Penal Code stipulates punishment of up to two years imprisonment for persons found guilty of causing, or intending to cause, "fear or alarm to the public" or encouraging offences against the state.

Pazundaung Township police confirmed the five men were being held in Insein Prison and that a warrant had been issued for another individual who allegedly placed an order for the calendars.

The post Five Men Detained, Charged Over 'Rohingya Calendar' appeared first on The Irrawaddy.

Burma Among World’s Worst in Landmine Victims

Posted: 25 Nov 2015 04:01 AM PST

Nay Min Aung, who lost his sight after being injured by a landmine, sits with his daughter at his home in Pegu Division. (Photo: Soe Zeya Tun / Reuters)

Nay Min Aung, who lost his sight after being injured by a landmine, sits with his daughter at his home in Pegu Division. (Photo: Soe Zeya Tun / Reuters)

RANGOON — The Landmine and Cluster Munition Monitor has revealed that over 400 civilians had been killed and another 3,300 injured by landmines over the past 17 years, adding that these figures likely underestimate the true extent of damage and lives lost.

Yeshua Moser-Puangsuwa, a research coordinator and editor at the monitor, said that most of the victims were uncompensated ordinary citizens, injured or killed by anti-personnel landmines produced by the government and rebel groups. He said that soldiers had not been accounted for in the death toll.

"We estimate that since 1997, most of the people included in the figures are civilians. But we don't have any idea as to the exact number of dead or a potential maximum estimate," Moser-Puangsuwa said.

The Landmine and Cluster Munition Monitor claims that a lack of collaboration and information sharing has prevented monitoring groups from compiling and providing a more up-to-date estimate of the number of landmine victims.

Moser-Puangsuwa alleged that the Burma Army is still producing landmines at old "Ka Pa Sa" factories—referring to the Burmese acronym for the military's Directorate of Defense Industries—near the Pegu Division town of Okshitpin in Padaung Township, and that the Kachin Independence Army (KIA) also continued to manufacture landmines.

An analysis by the monitor found that Afghanistan and Colombia suffered the highest number of landmine victims in the world, with Burma a close third. Although several neighboring countries have joined together to call for an end to anti-personnel landmine use, Burma has yet to sign a landmine clearance treaty.

Eight of Burma's more than 20 ethnic armed groups signed what the government referred to as a "nationwide" ceasefire agreement in Naypyidaw last month, but the issue of landmine clearance did not figure prominently in discussions.

However, the monitor suggested that with the opposition National League for Democracy (NLD) pledging to end landmine use, a commitment to landmine clearance was more likely when the next government takes office in March, following that party's landslide election victory on Nov. 8.

The post Burma Among World's Worst in Landmine Victims appeared first on The Irrawaddy.

Rights Groups Call to End Sexual Violence, Impunity in Conflict 

Posted: 25 Nov 2015 03:45 AM PST

 Women at a temple in Rangoon on December 3, 2011. (Photo: Reuters)

Women at a temple in Rangoon on December 3, 2011. (Photo: Reuters)

Women remain vulnerable in Burma's militarized zones, two leading rights groups warned on Wednesday, presenting newly documented cases of sexual violence in conflict to mark the International Day for the Elimination of Violence Against Women.

Public statements from the Women's League of Burma (WLB) and the Shan Human Rights Foundation (SHRF), both released on Wednesday, pointed out ongoing intimidation and sexual abuse in areas of ethnic conflict.

Both groups said that the Burma Army acts with impunity in conflict zones, where reports are not uncommon of assaults on women and young girls. WLB called on the government to "stop using the militarism and launching offensives" in Burma's ethnic states.

SHRF said that it had documented eight cases of sexual violence—including one gang-rape—committed by Burma Army troops in eastern and southern Shan State since April 2015.

Sai Kheun Mai, a spokesperson for SHRF, said that while the group was aware of many other cases, it only reports publicly on those in which the victim has decided to seek justice. Many survivors of sexual abuse remain reluctant to speak out about their experiences.

The spokesperson said that incidents of sexual violence perpetrated by the military are on the rise, despite recent multilateral ceasefire agreement between the government and eight non-state armed groups. The Shan State Army-North (SSA-N) currently has a bilateral accord with the government but did not sign the Oct. 15 pact.

"despite an existing bilateral ceasefire, the government has, since last month, deployed 20 battalions, heavy artillery and fighter aircraft to seize SSPP/SSA-N areas, committing abuses against civilians and causing the displacement of over 10,000 villagers," read the statement by SHRF.

The group's documented cases of sexual violence in conflict occurred in Loilen, Mongping, Hopong, Laihka, Kho Lam, Tachileik, Mongpan and Kyethi from April to November 2015.

The most recent case was an alleged gang-rape committed in Kyethi against a 32-year-old woman by about 10 soldiers. The report said the woman's husband was tied up by her attackers before they raped her.

Another recent case alleges that a woman was raped by two soldiers from Battalion 996, stationed in Mongpan.

Sai Kheun Mai said recent clashes in Shan State's Kyethi and Loilen districts have prevented victims from seeking justice through the courts.

"They cannot travel yet from one place to another to seek justice, and they are also in fear of repercussions by the soldiers in their areas if they take the cases to court," Sai Kheun Mai explained.

SHRF further claimed that perpetrators showed "strong confidence of impunity."

"Some violations were committed by groups of soldiers, some in front of or within earshot of witnesses, and one rape-murder took place next to the perpetrators' own military base," the group's statement read.

The problem persists beyond Shan State, as the Kachin Women's Association of Thailand (KWAT) also pointed out on Wednesday at a seminar geared toward raising awareness and securing justice, held in collaboration with a local network of lawyers.

The seminar pointed out a number of outstanding cases in recent years, including that of Sumlut Roi Ja, a Kachin woman who was abducted by the Burma in 2011 and presumed to have been raped and murdered.

Also brought into the discussion was the rape and murder of two Kachin schoolteachers earlier this year in a village in northern Shan State.

Both SHRF and WLB urged the current and incoming governments to honor Burma's international commitments to ending violence against women both in and beyond conflict zones.

The post Rights Groups Call to End Sexual Violence, Impunity in Conflict  appeared first on The Irrawaddy.

Search Ends for Victims of Hpakant Jade Mining Landslide

Posted: 25 Nov 2015 02:11 AM PST

 Belongings are seen near a landslide area as rescuers look for bodies of miners at the Hpakant jade mine in Kachin State on Nov. 24, 2015. (Photo: Reuters)

Belongings are seen near a landslide area as rescuers look for bodies of miners at the Hpakant jade mine in Kachin State on Nov. 24, 2015. (Photo: Reuters)

HPAKANT, Kachin State — Police in northern Burma said Wednesday they have ended efforts to find bodies in a jade mining landslide that killed more than 100 people and highlighted the perilous conditions created by a breakneck effort to dig up the world's richest deposits of the green gem.

Separately, the government of Kachin State has offered compensation of 600,000 kyats (US$550) to families of identified victims. The desultory sum reflects the limited resources of a state that is largely locked out of a mining bonanza worth billions.

The collapse early Saturday of a 200-foot mountain of dirt and debris created by industrial jade mining in Hpakant Township enveloped 70 makeshift huts and killed at least 113 people. Officials have said as many as 100 people are still missing. Many of the dead were itinerant jade pickers and their families who made a living scavenging for scraps of jade in the debris left behind by mining companies.

Hpakant police officer Naing Win said search operations ended on Wednesday morning.

The landslide was the area's worst such disaster in recent memory, but dozens of other people have been killed or maimed in the past year. In January, a landslide of unstable waste earth killed at least 30 jade pickers.

The jade industry centered on Hpakant was worth more than $30 billion last year, according to an estimate by Global Witness, a group that investigates misuse of resource wealth. But there is so little investment in the region that vehicles on the main road between Hpakant and the state capital need elephants to rescue them from the mud. Researchers believe the dark green rocks that can be the size of giant boulders are enriching individuals and companies tied to Burma's former military rulers.

Lajun Ngan Seng, a Kachin State minister, on Tuesday said the families of 72 identified victims are being offered compensation.

Naing Win, the police officer, said an association of the dozens of jade mining companies in Hpakant could decide further compensation. So far there has been no offer of compensation from Triple One and Yadana Yaung Chi, two mining companies that police say contributed in large part to the waste mountain.

The death toll of 113 has been unchanged since Monday despite earthmoving machines being used in the search.

Zaw Zaw Aung, 29, said he has been searching for his parents for four days, but has only found traces of what was their home.

They ran a karaoke parlor in their home that was part of the community of huts obliterated by the landslide. They were at home when the landslide occurred. Four other family members were away.

"I still can't believe what happened to my parents," he said. "I feel so bad. All I am seeing right now is like a nightmare for me. I cannot deal with it."

San Yin, 33, said she came to Hpakant three years ago from Arakan State hundreds of miles away. She said she has always been fearful of such a disaster and tried to pick a safe spot to live. Eight months' pregnant, she fears that no place will offer her security.

"Of course, I was scared to live here and I was scared even more when I was told that everywhere here is very dangerous," she said. "But where else can we live? This is the only place where we can stay."

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Microsoft, Shwe Taung Group Ink Licensing Agreement

Posted: 25 Nov 2015 01:42 AM PST

Representatives of the Shwe Taung Group and Microsoft at Wednesday's signing ceremony in Rangoon. Aik Htun is second from left. (Photo: Kyaw Hsu Mon / The Irrawaddy)

Representatives of the Shwe Taung Group and Microsoft at Wednesday's signing ceremony in Rangoon. Aik Htun is second from left. (Photo: Kyaw Hsu Mon / The Irrawaddy)

RANGOON — The Shwe Taung Group, a firm with extensive property and construction interests whose chairman was once accused of ties to the narcotics trade, has become the second local company to partner with US software giant Microsoft.

The licensing agreement, signed at a Wednesday morning ceremony in Rangoon's Sedona Hotel, will give the firm access to a suite of Microsoft's marquee business applications, along with regular security updates.

In a country where the use of pirated software and media is endemic, Microsoft Asia Pacific general manager Michelle Simmons characterized the licensing agreement as a commitment to good corporate governance, a theme echoed by Shwe Taung CEO Aung Zaw Naing on Wednesday.

"Responsible investment and sustainable development have always been at the core of Shwe Taung's corporate culture," he said. "This partnership with Microsoft reinforces our group's continued commitment to strong corporate governance, adopting international business practices, and respecting international property rights."

Founded in the 1990s, Shwe Taung has grown into one of the country's largest conglomerates. Its subsidiaries have developed a number of prominent commercial and residential properties in Rangoon, including the Junction Square shopping mall in Lanmadaw and the recently opened Union Financial Center in Bohtahtaung. The firm also owns exclusive rights to sell BMW vehicles in Burma.

Aik Htun, the group's founding chairman, was suspected by the US Treasury of involvement in Burma's drug trade during his time as managing director of the now defunct Asia Wealth Bank.

According to a 2007 cable originating from the US Embassy in Rangoon, Aik Htun denied allegations of involvement in drug trafficking and money laundering in conversation with American officials, while admitting his business ventures had profited from his close personal ties with the previous military junta.

Aik Htun, who was present at the Sedona on Wednesday, declined to speak to The Irrawaddy, saying that he had recently stepped down from the helm of Shwe Taung to be replaced by his son and was not involved in the firm's day-to-day activities.

Shwe Taung's website, which claims the firm spent nearly US$21 million on corporate social responsibility projects, still listed Aik Htun as chairman on Wednesday afternoon.

In September, Microsoft signed a similar agreement with the KBZ Group, a conglomerate with interests across banking, aviation, infrastructure and mining. The agreement will see Microsoft provide cloud servers to subsidiary KBZ Bank for use across its branches.

Aung Ko Win, the founding chairman of KBZ, was the subject of European Union sanctions list for his ties to the military junta. He was removed shortly after the government of President Thein Sein took power in 2011.

The post Microsoft, Shwe Taung Group Ink Licensing Agreement appeared first on The Irrawaddy.

No Reprieve for Chaw Sandi Tun in Facebook Defamation Case

Posted: 24 Nov 2015 11:07 PM PST

Chaw Sandi Tun who has been charged with defamation over sharing a Facebook post deemed insulting to the military. (Photo: Chaw Sandi Tun / Facebook)

Chaw Sandi Tun who has been charged with defamation over sharing a Facebook post deemed insulting to the military. (Photo: Chaw Sandi Tun / Facebook)

RANGOON — The Maubin Township court in Irrawaddy Division rejected an appeal on Tuesday for defamation charges to be dropped against Chaw Sandi Tun, a 25-year-old woman facing trial for sharing a satirical Facebook post deemed insulting to the military.

Chaw Sandi Tun, also known as Chit Thami, was charged under Article 66 (d) of the Telecommunications Law for sharing a photo collage online which compared newly redesigned uniforms worn by Burmese military personnel to the apparel worn by renowned opposition leader Aung San Suu Kyi.

In late October, the accused was notified of an additional charge brought against her under Article 500 of the Penal Code, a defamation clause, in addition to the existing charge.

Article 66(d) of the Telecommunications Law stipulates punishment of up to three years imprisonment while Article 500 of the Penal Code carries a penalty of up to two years jail.

At her fourth court appearance on Tuesday, the defendant's lawyer Robert San Aung requested that the court throw out the charges as they were not filed by a complainant directly defamed. The appeal was rejected, with the court judging the defamation charge to broadly concern military personnel, not a particular individual, according to Robert San Aung.

The next court hearing is scheduled for Nov. 30.

Chaw Sandi Tun received a Bachelor of Technology from the Maubin Technological University and was a former member of the Maubin Students Union. She took part in the recent student protest movement against the controversial National Education Law and was involved in campaigning for the National League for Democracy until her arrest in October.

Her defamation case is one of several currently before the courts related to content shared on social media. One such case involves aid worker Patrick Khum Jaa Lee who has been jailed—with several requests for bail denied—since October over a Facebook post he disputes sharing.

Translated by Thet Ko Ko.

*Editor’s note: This article was updated to note that Chaw Sandi Tun appeared in court for the fourth time on Tuesday.

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Indian Women Join “Happy to Bleed” Campaign to Protest Menstruation Remarks

Posted: 24 Nov 2015 10:48 PM PST

 Women pray during the Hindu festival of Karva Chauth at a temple in Chandigarh, India, on Oct. 30. (Photo: Ajay Verma / Reuters)

Women pray during the Hindu festival of Karva Chauth at a temple in Chandigarh, India, on Oct. 30. (Photo: Ajay Verma / Reuters)

NEW DELHI — Scores of Indian women have taken to social media declaring themselves "Happy to Bleed," after the head of a famous Hindu temple said he would consider allowing women in if there was a machine to check that they were not menstruating.

Nikita Azad said she launched the #HappyToBleed campaign to protest the remarks made by the head of Sabarimala temple, a popular shrine in southern India, and help break the taboo surrounding menstruation.

"This is a basic issue about discriminatory beliefs that say menstruation is unclean," Azad, a student, told the Thomson Reuters Foundation. "Menstruation is a natural activity which doesn't need curtains to hide behind."

Since Azad started the campaign earlier this week, women, along with some male supporters, have posted photographs on Facebook and Twitter holding an array of signs with the words "Happy to Bleed."

Some have posted pictures of soiled sanitary napkins, underwear and clothes.

"We are #happytobleed each month and if we didn't, you wouldn't exist!" said one sign.

In rural and urban India, menstruation is rarely discussed openly and menstrual blood is considered impure. In many communities, menstruating girls and women are not allowed to prepare food or enter a temple.

The hilltop temple of Sabarimala in Kerala is one of a few Hindu temples which bars all women of reproductive age—making it increasingly controversial as awareness of gender rights spreads among India's largely conservative society.

Prayar Gopalakrishnan, president of the board which manages the temple, told reporters earlier this month the board might consider allowing women into the ancient shrine if there was a way to ensure that they were not menstruating.

"There will be a day when a machine is invented to scan if it is the 'right time' for a woman to enter the temple. When that machine is invented, we will talk about letting women inside," he was quoted as saying in media reports.

Gopalakrishnan told the Thomson Reuters Foundation that his quotes had been taken out of context. He said he had not suggested the idea of such a machine but had responded to a suggestion made by a journalist.

"If the entire conversation is examined, it will become clear that the suggestion did not come from me," said Gopalakrishnan.

But he reiterated that the board would not consider lifting the ban on women as it was the "custom since ages," despite a legal petition against the rule pending in the Supreme Court.

Girls below age 10 and women over 50 are allowed in the temple, he said.

An estimated one million Hindu pilgrims flock to Sabarimala in Kerala's Western Ghats mountains every year to pay homage to the deity Lord Ayyappan who meditated at that spot, according to Hindu mythology.

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Nestle Confirms Labor Abuse Among its Thai Seafood Suppliers     

Posted: 24 Nov 2015 09:15 PM PST

Suspects of the August 17 Bangkok blast, who have been referred to as Yusufu Mieraili (2nd R) and Bilal Mohammed (also known as Adem Karadag), are escorted by soldiers and prison officers as they leave the military court in Bangkok, Thailand, November 24, 2015. (Photo: Chaiwat Subprasom / Reuters)

Suspects of the August 17 Bangkok blast, who have been referred to as Yusufu Mieraili (2nd R) and Bilal Mohammed (also known as Adem Karadag), are escorted by soldiers and prison officers as they leave the military court in Bangkok, Thailand, November 24, 2015. (Photo: Chaiwat Subprasom / Reuters)

WASHINGTON — Impoverished migrant workers in Thailand are sold or lured by false promises and forced to catch and process fish that ends up in global food giant Nestle SA's supply chains.

The unusual disclosure comes from Geneva-based Nestle SA itself, which in an act of self-policing announced the conclusions of its yearlong internal investigation on Monday. The study found virtually all US and European companies buying seafood from Thailand are exposed to the same risks of abuse in their supply chains.

Nestle SA, among the biggest food companies in the world, launched the investigation in December 2014, after reports from news outlets and nongovernmental organizations tied brutal and largely unregulated working conditions to their shrimp, prawns and Purina brand pet foods. Its findings echo those of The Associated Press in reports this year on slavery in the seafood industry that have resulted in the rescue of more than 2,000 fishermen.

The laborers come from Thailand's much poorer neighbors Burma and Cambodia. Brokers illegally charge them fees to get jobs, trapping them into working on fishing vessels and at ports, mills and seafood farms in Thailand to pay back more money than they can ever earn.

"Sometimes, the net is too heavy and workers get pulled into the water and just disappear. When someone dies, he gets thrown into the water," one Burmese worker told the nonprofit organization Verite commissioned by Nestle.

"I have been working on this boat for 10 years. I have no savings. I am barely surviving," said another. "Life is very difficult here."

Nestle said it would post the reports online—as well as a detailed yearlong solution strategy throughout 2016—as part of ongoing efforts to protect workers. It has promised to impose new requirements on all potential suppliers and train boat owners and captains about human rights, possibly with a demonstration vessel and rewards for altering their practices. It also plans to bring in outside auditors and assign a high-level Nestle manager to make sure change is underway.

"As we've said consistently, forced labor and human rights abuses have no place in our supply chain," Magdi Batato, Nestle's executive vice president in charge of operations, said in a written statement. "Nestle believes that by working with suppliers we can make a positive difference to the sourcing of ingredients."

Nestle is not a major purchaser of seafood in Southeast Asia but does some business in Thailand, primarily for its Purina brand Fancy Feast cat food.

For its study, Verite interviewed more than 100 people, including about 80 workers from Burma and Cambodia, as well as boat owners, shrimp farm owners, site supervisors and representatives of Nestle's suppliers. They visited fish ports and fishmeal packing plants, shrimp farms and docked fishing boats, all in Thailand.

Boat captains and managers, along with workers, confirmed violence and danger in the Thai seafood sector, a booming industry which exports $7 billion of products a year, although managers said workers sometimes got hurt because they were drunk and fighting. Boat captains rarely checked ages of workers, and Verite found underage workers forced to fish. Workers said they labor without rest, their food and water are minimal, outside contact is cut off, and they are given fake identities to hide that they are working illegally.

Generally, the workers studied by Verite were catching and processing fish into fishmeal fed to shrimp and prawns. But the Amherst, Massachusetts-based group said many of the problems they observed are systemic and not unique to Nestle; migrant workers throughout Thailand's seafood sector are vulnerable to abuses as they are recruited, hired and employed, said Verite.

Monday's disclosure is rare. While multinational companies in industries from garments to electronics say they investigate allegations of abuse in their supply chains, they rarely share negative findings.

"It's unusual and exemplary," said Mark Lagon, president of the nonprofit Freedom House, a Washington-based anti-trafficking organization. "The propensity of the PR and legal departments of companies is not to 'fess up, not to even say they are carefully looking into a problem for fear that they will get hit with lawsuits," he said.

In fact, Nestle is already being sued: In August, pet food buyers filed a class-action lawsuit alleging Fancy Feast cat food was the product of slave labor associated with Thai Union Frozen Products, a major distributor. It's one of several lawsuits filed in recent months against major US retailers importing seafood from Thailand.

Some of the litigation cites the reports from the AP, which tracked slave-caught fish to the supply chains of giant food sellers, such as Wal-Mart, Sysco and Kroger, and popular brands of canned pet food, such as Fancy Feast, Meow Mix and Iams. It can turn up as calamari at fine restaurants, as imitation crab in a sushi roll or as packages of frozen snapper relabeled with store brands that land on dinner tables. The US companies have all said they strongly condemn labor abuse and are taking steps to prevent it.

Nestle promises to publicly report its progress each year.

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Thailand Indicts Two for Deadly Bangkok Bombing

Posted: 24 Nov 2015 09:08 PM PST

Suspects of the August 17 Bangkok blast, who have been referred to as Yusufu Mieraili (2nd R) and Bilal Mohammed (also known as Adem Karadag), are escorted by soldiers and prison officers as they leave the military court in Bangkok, Thailand, November 24, 2015. (Photo: Chaiwat Subprasom / Reuters)

Suspects of the August 17 Bangkok blast, who have been referred to as Yusufu Mieraili (2nd R) and Bilal Mohammed (also known as Adem Karadag), are escorted by soldiers and prison officers as they leave the military court in Bangkok, Thailand, November 24, 2015. (Photo: Chaiwat Subprasom / Reuters)

NEW DELHI — A Thai military court on Tuesday indicted two foreigners accused of carrying out a deadly bombing at a shrine in Bangkok but questions hang over the case because of the attackers' unclear motive and an opaque investigation.

Both men have been described by officials as ethnic Uighurs (pronounced "wee-ghurs") from western China's Xinjiang region. Officials say the blast was carried out by a people-smuggling gang seeking revenge on Thai authorities for cracking down on their operation.

The Aug. 17 blast at the Erawan Shrine—a popular tourist destination—was one of the most deadly acts of violence in Bangkok in decades, and left 20 people dead and more than 120 injured. Of the dead, 14 were tourists.

The attack shocked the residents of the capital because of the apparent randomness, which drove home the point that no place is immune to acts of terror. Authorities, however, have declined to call it an act of terrorism out of apparent fear that it would hurt the country's huge tourism industry.

Police initially appeared at first to be at a loss, but soon claimed success with a series of raids and two arrests. Arrest warrants have been issued for 15 others.

The two suspects were brought to the court in handcuffs wearing brown prison garb. Members of the media were not allowed to enter the court and the indictments took place before the two suspects arrived, said defense lawyer Chuchart Kanpai.

The two, identified as Bilal Mohammad and Mieraili Yusufu, were indicted on 10 counts—none of them terrorism charges. They include conspiracy to explode bombs and commit premeditated murder, Chuchart said.

Early speculation about the bombing had suggested it might be the work of Uighur separatists who were angry that Thailand in July forcibly repatriated more than 100 Uighurs to China, where it is feared they face persecution. The theory was bolstered by the fact that the Erawan Shrine is popular among Chinese tourists, who figured prominently among the victims of the bombing.

But Thai officials reject any political or religious motive, sticking to the theory that it was revenge for disrupting a human-smuggling gang. Still, skepticism about the police explanation on the shrine attack has abounded because of leaks, contradictions, misstatements and secrecy surrounding the investigation.

The two men have been held at an army base since their arrests in late August and early September. No details of their interrogation have been revealed. Even their nationalities remain unclear.

They are being tried at a military court on an army base in Bangkok because cases of "national security" have been handled by the military since last May, when the army seized power in a coup from an elected government.

Former National Police Chief Somyot Poomphanmuang said before his retirement in September that the case against the two suspects was supported by closed-circuit television footage, witnesses, DNA matching and physical evidence, in addition to their confessions.

Security camera footage from the Erawan Shrine showed a man wearing a yellow T-shirt who sat down on a bench at the outdoor shrine, took off a black backpack and then left it behind as he stood up and walked away. Time stamps on closed circuit TV footage showed he left the shrine just minutes before the blast occurred, during evening rush hour as the area in central Bangkok was filled with people.

Police believe that Bilal is the yellow-shirted man who planted the bomb and Yusufu is believed to have detonated the bomb.

Bilal was initially identified as Adem Karadag, which was the name on a fake Turkish passport in his possession when he was arrested Aug. 29. He was arrested at one of two apartments police raided on the outskirts of Bangkok.

Yusufu was arrested Sept. 1 near the Thai-Cambodia border, carrying a Chinese passport indicating he was from Xinjiang. Police said his DNA and fingerprints were found in both raided apartments, including on a container of gunpowder.

Police said they have confessions from the two, and Bilal's lawyer says his client admitted planting the deadly bomb at the behest of another suspect who remains a fugitive. He says Bilal was induced to carry out the action by a promise that his emigration to Turkey would be expedited.

Some of the 15 other suspects are Turks, with whom Uighurs share ethnic bonds, and Turkey is home to a large Uighur community. Beijing charges that some Uighurs are Islamist terrorists and that some have been smuggled out of China to join Islamic State fighters in Syria, via Turkey.

The post Thailand Indicts Two for Deadly Bangkok Bombing appeared first on The Irrawaddy.

Leader of Religious Forum Attacked in Bangladesh

Posted: 24 Nov 2015 09:02 PM PST

   People take an oath to save the nation from the violence by Jamaat-E-Islami, as they demand the trial of all war criminals during a rally celebrating National Victory Day in Dhaka December 16, 2013. (Photo: Andrew Biraj / Reuters)

People take an oath to save the nation from the violence by Jamaat-E-Islami, as they demand the trial of all war criminals during a rally celebrating National Victory Day in Dhaka December 16, 2013. (Photo: Andrew Biraj / Reuters)

NEW DELHI — Two men wielding kitchen knives attacked a religious forum leader in Bangladesh on Tuesday, police said.

Local police chief Nazim Uddin said Alok Sen was assaulted outside his home in the district of Faridpur. He shouted for help as the men slashed him and his wife came out, prompting the unidentified attackers to flee, Uddin said.

Sen, a Hindu, is secretary general in Faridpur of the Hindu-Bouddho-Christian Unity Parishad, a platform of Hindus, Buddhists and Christians in the South Asian country. Members are generally considered to be supporters of Prime Minister Sheikh Hasina's political party.

Sen told reporters at the hospital where he is being treated that he had no known enemies and no idea who attacked him.

A day earlier, Faridpur residents buried Ali Ahsan Mohammad Mujahid, one of two men hanged over the weekend after being of war crimes during the country's 1971 independence war.

The executions, carried out despite concerns that the legal proceedings were flawed, sparked strong protests from the country's main Islamist party, Jamaat-e-Islami, as well as criticism from Pakistan and the United States.

Mujahid had been the general secretary of Jamaat-e-Islami. Also executed was Bangladesh Nationalist Party leader Salahuddin Quader Chowdhury.

US lawmakers overseeing foreign policy described the war crimes tribunal as "very flawed" and a means of political retribution. Bangladesh authorities say standards were maintained in the legal proceedings.

The post Leader of Religious Forum Attacked in Bangladesh appeared first on The Irrawaddy.

National News

National News


Amyotha Hluttaw Results: Interactive Map

Posted: 25 Nov 2015 09:45 AM PST

An interactive map of the 2015 election results of the Amyotha Hluttaw, the lower house of Myanmar's bicameral legislature, produced by Democracy Reporting International (DRI), as part of the STEP Democracy program.

Pyithu Hluttaw Results: Interactive Map

Posted: 25 Nov 2015 09:20 AM PST

An interactive map of the 2015 election results of the Pyithu Hluttaw, the lower house of Myanmar's bicameral legislature, produced by Democracy Reporting International (DRI), as part of the STEP Democracy program.

Ballot recount in Shan State sends USDP seat to ethnic party

Posted: 25 Nov 2015 08:32 AM PST

A ballot recount in Shan State has tugged an Amyotha Hluttaw seat away from the ruling party, and handed it over to the Ta'Arng (Palaung) National Party.

Publisher, four others jailed over calendar

Posted: 25 Nov 2015 12:35 AM PST

A Muslim publisher and four others have been detained in Insein Prison for attempting to produce a calendar containing quotes from government officials in the 1950s and 1960s using the term "Rohingya".

MPs push for changes to Arms Act

Posted: 25 Nov 2015 12:33 AM PST

A pre-colonial law on weapons should be updated on the basis of expert advice, two upper-house members of parliament say.

YKKO manager facing charge after fire

Posted: 25 Nov 2015 12:26 AM PST

Shoppers at Junction Square say they heard a loud boom, like an explosion, before a fire broke out in a popular restaurant on November 23.

Government moves to bring non-ceasefire groups into dialogue

Posted: 25 Nov 2015 12:21 AM PST

The government's chief ceasefire negotiator has indicated that the ethnic armed groups that refused to sign last month's nationwide ceasefire agreement still have a chance of being included in the process leading up to political dialogue.

More suspected cholera outbreaks reported

Posted: 25 Nov 2015 12:20 AM PST

Local politicians and relief workers in central Shan State have reported two suspected outbreaks of cholera among villagers displaced by the fighting that is focused on two townships, Kye-thi and Mine Shu/Mong Shu.

Candidates feel heat over campaign finance deadline

Posted: 25 Nov 2015 12:19 AM PST

With the deadline for candidates to report their campaign expenditures fast approaching, many say they are struggling to compile the records in time.

Government anti-corruption body founders

Posted: 25 Nov 2015 12:17 AM PST

Less than US$16,000 – that's how much the government's anti-corruption body has recovered in compensation payments since being set up more than 18 months ago.

Shan Herald Agency for News

Shan Herald Agency for News


Doubtful political transition, ongoing internal conflict and incomprehensible peace process

Posted: 24 Nov 2015 08:43 PM PST

Three crucial topics have been dominating Burma's political arena, since the National League for Democracy (NLD) won with a landslide in the nationwide elections. They are if the transition from quasi-civilian regime of Thein Sein to Aung San Suu Kyi led NLD government would be smooth or problematic; whether the wars in Kachin and Shan States could be resolved; and the interconnected nationwide ceasefire agreement (NCA) or peace process structure and procedure would be accepted by the incoming NLD regime, as formed and headed by the Thein Sein regime.

First, let us ponder on the development of transitional aspect that have been worrying the NLD leadership and the people at large, who are still fearful that the 1990 post-election scenario could be replayed or repeated, when the then State Law and Order Restoration Council (SLORC), military regime refused to hand over power to the landslide winning NLD.

Doubtful transition

U Ye Htut, spokesman of the President and the information minister, in answering the doubtfulness of handing power to Aung San Suu Kyi's NLD party, stressed that President Thein Sein aimed to leave a good tradition for the country's young, budding democracy. He said that peaceful power transfer would be the "final victory" of the government.

He told The Irrawaddy: "What we are trying to do now is to establish a good democratic tradition. A government formed by the result of the election transferring power to another elected government peacefully has never occurred in our country's history, since independence in 1948. As a reform, final duty of our government, we are going to do this. And it will be our last victory."

He showed his irritation for the doubtfulness from some quarters by saying: "I will tell you, (people) didn't believe in President Thein Sein's reform process of 2011, call for peace process and free and fair elections. But he has done it according to his promises. Transferring (of the power) will also be done."

When the NLD's tsunami-like landslide win were made known, Aung San Suu Kyi requested for a meeting with the President, Commander-in-Chief and House Speaker, but so far she has only managed to meet the House Speaker Thura Shwe Mann on 19 November, where both agreed to work for a smooth transition.

Following the meeting,  a statement released said: "They will peacefully implement the desire of the people that emerged from the election on November 8, in order to ensure people's joy and to improve the image of the country. They will continue to implement the hopes of the people in line with the principles of the Parliament: the people's voice is Parliament's voice and the people's desire is Parliament's desire. They vowed to work together with trust and respect for one another on matters of national reconciliation and unity for all ethnic groups. They agreed to discuss the means to organize parliaments in accordance with the law."

Deputy Speaker of the Lower House Nanda Kyaw Swar, bill committee chairman T Khun Myat, minister of commerce Win Myint, Zaw Myint Maung from the Rule of Law and Stability Committee and Director General Kyaw Soe from the Union Parliament also attended.

Perhaps to alleviate international and as well, the people at home of their doubtfulness of his government transfer of power to the election winning NLD, President Thein Sein told the 27th Asean Summit in Kuala Lumpur, Malaysia, on  21 November that he would abide by the results of November 8 election and conduct the transition peacefully.

Ye Htut, spokesperson for the president, told the Daily Eleven: "The president again promised to follow the election result and to transfer power peacefully. Asean leaders talked extensively about the election. They praised and congratulated us. They acknowledged our development."

War in Kachin and Shan States

The war in Kachin and Shan States, which have been going on and off, escalated after the elections.

On 6 November, two days before the election, the Burma Army (Tatmadaw) launched a major offensive against the Shan State Progress Party/Shan State Army (SSPP/SSA) which had signed bilateral ceasefire agreements with the government at both State and Union levels.  In spite of this, the Burma Army unleashed ground offensive operations backed by air raids, against the SSPP/SSA.

The Ta'ang National Liberation Army (TNLA) declared in its November 14 statement that Burma Army offensives escalated after the partial-ceasefire signing, dubbed as NCA with 8 ethnic armed  organizations (EAOs). Battles continue almost daily between the TNLA and Burmese Army troops in northern Shan State.

According to the TNLA News and Information Department, on November 21, at 0935 hours, a recent battle took place between troops of TNLA Battalion 717 and Tatmadaw Division 77, at a place between Tot-san and Nuaung-bin-hla villages in Kyaukme Township, Brigade 2 area, Ta'ang Region. There was no casualty on the TNLA side. Two were killed on the Myanmar Tatmadaw side. The head-on battle took place, because Myanmar Tatmadaw troops had been closely following and launching attacks in the place, where TNLA was active.

On another front, one of the heaviest battles since the renewed war of 2011 between the Kachin Independence Army (KIA) and the Burmese Army took place in south-western Kachin State, just days after the widely hailed 2015 elections.

A statement was released on 22 November by the SSPP/SSA regarding its delegation's departure for Yangon to hold talks with the military and the regime.

Earlier, Sai Naw Leik central executive committee member of the SSPP met U Khin Maung Soe of the Union Peacemaking Work Committee and agreed to meet again on 23 November to negotiate about the more durable truce.

While armed clashes are going on and off between the Burma Army and KIA, TNLA, a proposed  truce was not achieved, even though the SSPP/SSA has appealed that refraining from the act of hostilities should be reached, while its five man delegation was on its way to thrash out a ceasefire, according to one of the SSPP/SSA front line commander.

The recent SHAN report of 23 November wrote that while the SSPP/SSA delegation was negotiating with the regime's UPWC in Yangon, fierce battles were fought in Mong Hsu Township and has been ongoing at this writing.

On 23 November, 08:00 hours, SSPP/SSA camp near Wan Lwe, Mong Ark villages, Mong Hsu Township, Loilem District was attacked, besides shelling it with artillery from Burma Army bases of Pang Wo, Loi Yu, Kui Mawk Khao from four sides, according to a front line commander.

"According to U Khin Maung Soe's invitation, (SSPP/SSA) is negotiating to restart peace process. (We) heard that it started at 08:00 hours, have a short break and continues again. But (the fighting) at this side has not stopped and still shooting. (We) don't know from which units, but they all arrived together. From what we know, they are from Military Operation Command (MOC) 2 and 17, supposedly under the Eastern Command. (They are) attacking fiercely. No air-plane has been sighted," said Captain Sai Mong.

While talks on ending hostility are conducted, the war rages on, adding more problems to the already deteriorating situation as the government has reportedly demanded the withdrawal of SSPP/SSA forces from the route connecting Mong Hsu with the garrison town of Mong Nawng.

Ethnic endorsement of the NLD 

The incoming NLD regime has been endorsed by the ethnic political parties, EAOs and ethnic population for all were convinced that Aung San Suu Kyi, the party leader could fulfil their desire of peaceful co-habitation, with rights of self-determination, equality and democracy.

The three armed alliance of Myanmar National Democratic Army (MNDAA) known also as Kokang, TNLA and Arakan Army (AA) released a statement saying that it is solidly behind the NLD.

Likewise, the United Nationalities Federal Council (UNFC), an eleven ethnic armed groups alliance, stated that it is ready to work with the incoming NLD regime. In the same vein, the United Wa State Army (UWSA), the strongest of all the ethnic armies numbering some well-armed 20,000 troops,  also expressed the same sentiment.

United Nationalities Alliance (UNA), a twelve ethnic political parties alliance that had worked closely with the NLD for decades, would also meet with the NLD soon, which would touch on and cooperate on how to end the internal armed conflict and formation of a genuine federal union among others.

On 24 November, U Nyan Win, the NLD spokesman confirmed to the media that the meeting would take place soon, although no fix date has been mentioned.

NCA deliberation

The NCA structure has Joint Implementation Coordination Meeting (JICM) at its top. The two committees that were formed are the Joint Ceasefire Monitoring Committee (JMC) – the word ceasefire is not initialled – and Union Political Dialogue Joint Committee (UPDJC).

JIMC is formed with 8 members each from EAOs and government side, while JMC is formed with 10 each from both quarters, with another 6 from civil society organizations (CSO) are earmarked to be included later.

The UPDJC has 16 members each from the EAOs, the government and the political parties, making it a total of 48 members in all.

The JMC is concerned with monitoring ceasefire issues, while UPDJC is to draw up framework for political dialogue (FPD) and responsible to begin the actual political dialogue (PD).

Apart from the seemingly problematic governmental transitional problem, the harbinger of NCA structure and formation of various committees could also become a cause of political tension, between the USPD-Military clique and the to be formed NLD government that has quite a different outlook, on how to go about with the whole peace process.

All-inclusiveness is the key and the Thein Sein regime has just signed partial-ceasefire agreement and refusing certain groups like MNDAA, TNLA and AA to be part of the peace process.

Other than that, even the formation of JIMC and JMC would become problematic, as they are   manned only with 8 and 10 representatives from 8 EAOs, together with equal number of representative from the government side,  when actually there are 21 EAOs operating within the whole country, which have not yet signed the NCA with the government.

The UPDJC which sought to draw up a framework for political dialogue could also become a source of problem, as legitimately elected political parties should have a priority, rather than picking representatives, as it is now, from political parties that either have poor showing or not winning even a seat in the elections.

The formula used  to elect for the political parties are: NLD – 2, USDP -2, SNLD – 1, ANP- 1, UNA- 1, FDA-1, NBF-1 and  7 elected from other parties, according to the insider sources

True, the UPDJC is including 3 umbrella ethnic groups like UNA, Federal Democratic Alliance (FDA) and National brotherhood Federation (NBF) giving each a representative seat in the 16 members representation on behalf of some 80 registered political parties, which seems to look like quite an appropriate distribution.

But Dr Yan Myo Thein, a well known political commentator, in an article titled "Has peace process being monopolized?" published by 7 Days Daily, on 24 November writes: "It seems in order to give one representative each to FDA and NBF, UNA has been given a direct representation. In reality, allowing one direct representative each for the three ethnic alliance parties could be analysed as not appropriate. It could be termed as a political aggressiveness for involving the Federal Union Party, Chin Democracy League, Palon-Sawor Democrtaic Party, National democratic Front and Democracy and Peace Party, which have all decisively lost and having to bite (endure) the zero outcome."

He further stressed that out of the 16 representatives in UPDJC, 8 is allotted to the election winning parties and the other 8 to those who have lost it. Thus, it is against the desire of the people for involving the non-elected parties in the UPDJC.

Meanwhile, on 23 November,  joint-secretary of SNLD Sai Leik who attended the NCA meeting said that two representatives, one each for UNA and SNLD have been selected to participate as political parties representatives in the UPDJC.

It was said that this is to facilitate better understanding between the incoming NLD regime and the military, like as it is now between the USDP and the military, according to Sai Leik.

"There is harmony between the present government and the Tatmadaw (military). Only if harmonious, hand-in-hand (atmosphere) could be continued with the Tatmadaw, can the reform issue be continued. The hope for peace be kept (alive). That is why, in order Daw Aung San Suu Kyi and the Tatmadaw could steadfastly join hand for peace process, and with the aim to work hand-in-hand with the ethnic nationalities, (we) have given the name list."

The UNA representative selected is Angela Thaung and for the SNLD Sai Kyaw Nyunt is endorsed.

Sai Leik added that despite such deliberation, it would all depend on the incoming NLD government, whether the UPDJC work would be taken as it is or push for changes in personnel and as well the contents. However, the task of the UPDJC is to primarily draw up the FPD and see to that the PD actually started before the Thein Sein regime's legislature period ended in a few months.

U Win Htain of NLD confirmed the speculation on 24 November, during the selection of 16 representatives for the political parties meeting in Yangon, that it would be the Aung San Suu Kyi's peace process, which she would lead through political means, to establish a genuine federalism.

Summing up

To sum up, the angst of the people, the NLD, stakeholders and all those concerned with the well-being of Burma, regarding the transfer of political power from Thein Sein to incoming Aung San Suu Kyi's regime is well-founded, but it will definitely sail through, even if it would have to come across some nasty hurdles.

Points to ponder among them are complaints of irregularities to the Union Election Commission (UEC) during the election period; Aung San Suu Kyi's statement that she will rule as a figure above the president; irregular election campaign spending accusation of the NLD; and the reluctance of President Thein Sein and Commander-in-Chief Min Aung Hlaing to meet Aung San Suu Kyi, in a timely manner.

It might seem that the outgoing regime's functionaries are laying stones along the way, to frustrate the NLD and Aung San Suu Kyi, but in the end this will all be cleared up for Thein Sein reportedly  is committed to pull through his reform process to the end, as repeatedly promised. He recently iterated this in Kuala Lumpur during the ASEAN meeting and also told President Obama that he would hand overpower in due course. On top of it, he also told Obama that he would meet Aung San Suu Kyi.

Commander-in-Chief Min Aung Hliang in his recent interview with the Washington Post said the meeting could take place in December, after the UEC finishes its job. The NLD only needs to be a bit more patient.

The war in Shan and Kachin States are being viewed as a desperate attempt by the ethnic nationalities and democratic political parties that the military is paving way for emergency rule, so as to create a two-tier society: a relatively free community with democratic rights in Burmese heartland and a military occupied and suppressed ethnic states in a primitive, old style colonial setting.

As the constitution also allows to impose military emergency rule, the military only needs to create an atmosphere of war in ethnic areas, through deliberate military provocation or staging fake battles, as is the case in Mong Nawng and Mong Hsu Townships.

There is no other viable explanation for the military's ongoing offensives to justify its military aggressions.

Besides, ending the war in Kachin and Shan States would be more problematic, due to the differing views on how the notion of sovereignty and national unity is viewed by the Tatmadaw and the EAOs.

As time and again been stressed and explained, the Tatmadaw views that it is protecting the nation's sovereignty and sees that the EAOs are encroaching and violating it and thus, has to be fought and eliminated. But the EAOs view that they are entitled to shared-sovereignty, as the independence from the British in 1947 is also a co-independence. And since, the promise of equality, rights of self-determination and democracy anchored in a real federal union is denied by successive Bamar-dominated mostly military regimes, they have fought back to regain their birthright legacies.

Thus, they reject the assumption of sovereignty monopoly by the Bamar-dominated regimes and demand for shared-sovereignty through armed struggle. It is clear to all that this conceptual differences could only be ironed out politically and not militarily or occupation of more ethnic territories in by the Tatmadaw.

Because of all these, the Tatmadaw's accusation and conducting territorial winning wars in ethnic areas neither solve the underlying political problems nor make the reconciliation peace process easier. It is now up to the Tatmadaw either to show good will and tone down the offensives and stop them or continue with its warpath rhetoric, but it should keep in mind that only political dialogue and settlement could resolve this ongoing ethnic conflict and nothing else.

Another corresponding issue, closely connected to the notion of sovereignty is the concept of "national unity". But before one even starts to mention this, those concerned would need to consider if there is already an accepted common "national identity".

From the independence of Burma in 1947 to this very days there has been no commonly accepted such identity, but only various ethnic identities that still need to be merged into a "national identity". The reason is that there has been no awareness-building, corresponding to the power and resources sharing within the mould of a genuine federalism. In other words, the making of a voluntary, accepted common national identity has never occurred, other than the imposed "Myanmar" identity, which neither is consented nor adopted by the non-Bamar ethnic nationalities and minorities. And this again is due to the lack of the said political power and resources sharing, for without which a common national identity could not be forged or developed, much less to foster and nurture it. Thus, the military's notion of protecting the national unity just  resembles a dominant ethnic group trying to protect its occupied and colonized territories. Of course this has to be corrected and again a political give-and-take is the only way out and not suppressing and occupying the ethnic homelands.

And finally, the handling of the NCA process should be conducted in a way that the Thein Sein regime instead of rushing and pushing all the procedures and formation according to its liking, lopsidedly manned more by its own people, with the hope that the incoming regime has no other choice but to follow only, it should instead invite, cooperate and coordinate with the NLD and other elected ethnic parties' functionaries, so that the peace process could be carried on smoothly when the new regime comes into being. This kind of approach will definitely benefit all the people in the country.

For now, the contemporary political setting calls for at least a calculated compromise, if not fully-fledge, from all stakeholders: the USDP-Military regime, the Aung San Suu Kyi headed NLD party and the whole spectrum of ethnic nationalities, armed or unarmed. Any failure to successfully link these three major actor groups to compromise for a political settlement would lead to end of a true, democratic, reform process and push all those that have been achieved back to the square one, which nobody wants to see happen.


 The Contributor is ex-General Secretary of the dormant Shan Democratic Union (SUD) - Editor