Monday, August 1, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Sule Square Project Breaches Building Regulations, Says Inspection Committee

Posted: 01 Aug 2016 08:34 AM PDT

Sule Square, a commercial complex in downtown Rangoon. (Photo: Myo Min Soe / The Irrawaddy)

Sule Square, a commercial complex in downtown Rangoon. (Photo: Myo Min Soe / The Irrawaddy)

RANGOON—The High-Rise Inspection Committee (HIC) of Rangoon's municipal body said that the Sule Square commercial complex includes two extra floors for which the developers do not have permission to add.

Construction of the 23-floor structure is nearly complete. Aung San Win, secretary of the HIC within the Yangon City Development Committee (YCDC), told The Irrawaddy on Friday that the building has yet to receive final approval from the YCDC and the Rangoon divisional government.

The addition of the two extra floors is a breach of the committee's initial approval for the project, he said. However, at just over 302 feet, the building maintains the same height for which the YCDC's approval was granted.

Sule Square is being built adjacent to the existing Sule Shangri-La hotel—formerly known as Traders Hotel—using a US$80 million loan from the World Bank Group's International Finance Corporation (IFC). The complex is expected to open in late 2016.

YCDC's initial approval, which was issued to the project in January 2013, comprised two basements, 20 floors and a penthouse, he said. The project's complete revised plan—submitted by the developer just before the end of March this year—has not yet received final approval from the divisional government and the YCDC. It includes one basement and 23 floors, Aung San Win explained.

"There are about ten findings which are different from the plan YCDC initially approved," he said.

Apart from the two extra floors, the most apparent differences are smaller scales of a public space and public toilets, which were designed as part of a deal agreed between the developer and the YCDC, he said, because part of the land on which Sule Square exists was originally a public space.

YCDC's initial permission was granted based on the project's original proposal, which promised a public space of over 5,000 square feet and a structure with nearly 900 square feet for public toilets, Aung San Win said. But the revised proposal covers a public space of around 1,300 square feet, with 500-600 square feet for public toilets, he added.

Sule Square, a commercial complex in downtown Rangoon. (Photo: Myo Min Soe / The Irrawaddy)

Sule Square, a commercial complex in downtown Rangoon. (Photo: Myo Min Soe / The Irrawaddy)

YCDC issues approvals for buildings with between nine and 12.5 stories, while developers of structures 13 stories and higher are required to seek approval from the Rangoon divisional government.

"The complete revised plan of the project was submitted very late," Aung San Win said, referring to the period of time in which the handover took place between the old and new governments of Rangoon. "The former Rangoon divisional government didn't have a chance to approve the revised plan."

The revised plan has now been submitted to the current regional government, led by chief minister Phyo Min Thein, for final approval, he added. According to Article 68 of the YCDC Act (2013), anyone who violates the city's municipal regulations regarding building construction will be charged with up to one year in prison, a penalty of 10,000-500,000 kyats, or both.

Sule Square is now open for those seeking office rentals. Yet building without securing final permission from the YCDC has caused the developer a liability, Aung San Win said. He refused to comment further on the issue, pointing out that it is handled by the YCDC's Engineering Department (Building).

The Irrawaddy tried to get interviews with multiple senior officials within the Engineering Department (Building) during the last week in July, but Than Htay, department chief, said that he could not answer questions concerning high-rise developments.

Kyaw Tha Sein, a deputy head of the Engineering Department (Building), confirmed to The Irrawaddy that, according to the YCDC's legal advisor, the municipal body has filed a lawsuit against the Sule Square project developers, but refused to provide further details about the case. He added that his department had not received any new instructions from the regional cabinet regarding the dispute.

On July 27, Rangoon chief minister Phyo Min Thein posted photos on his official Facebook page of a meeting with Sule Shangri-La representatives. However, details of the meeting were not shared by either party.

The Irrawaddy contacted the Sule Square office on Monday and asked about the project permit and the extra two floors. Yinn Mar Nyo, of the leasing department, told The Irrawaddy that members of management were not immediately available to respond to the reporter's questions, but would respond by the end of the week.

The previous Rangoon divisional government and municipal council had given "initial approval" to more than 200 high rise building proposals from 2013 until March 31 of this year, which was the last day of former divisional government's time in office.

According to US Embassy cables released by WikiLeaks, the Traders Hotel was built in the 1990s by a partnership of blacklisted tycoon Steven Law (also known as Tun Myint Naing)—the head of the Asia World conglomerate and son of notorious Shan State drug kingpin Lo Hsing Han—and Malaysian billionaire Robert Kuok, who owns a stake in its current operator Shangri-La Asia Ltd.

The post Sule Square Project Breaches Building Regulations, Says Inspection Committee appeared first on The Irrawaddy.

Mongla Armed Group Backs Govt’s All-Inclusive Peace Policy

Posted: 01 Aug 2016 07:25 AM PDT

The government's Peace Commission meets with representatives of the National Democratic Alliance Army in Rangoon on Monday. (Photo: Pyi Kyaw / The Irrawaddy)

The government's Peace Commission meets with representatives of the National Democratic Alliance Army in Rangoon on Monday. (Photo: Pyi Kyaw / The Irrawaddy)

RANGOON — Leaders of the National Democratic Alliance Army (NDAA), based in Mongla in eastern Shan State, vocally backed the government's "all-inclusive" peace policy after meeting with the government’s Peace Commission in Rangoon on Monday.

This policy concerns the inclusion of all Burma's ethnic armed groups in peace negotiations, which will begin formally with the Union Peace Conference—now labeled the "21st Century Panglong Conference"—scheduled for later this month in Naypyidaw.

Burma's military has meanwhile demanded that three armed groups with which it remains in active conflict—the Ta'ang National Liberation Army (TNLA), the Myanmar National Democratic Alliance Army (MNDAA) and the Arakan Army (AA)—commit to disarming before taking part in formal peace talks; a demand these groups and their allies have repeatedly refused.

The NDAA, popularly known as the "Mongla Group," controls an autonomous area of eastern Shan State known as Special Region 4, with the town of Mongla on the Chinese border as its headquarters. The NDAA is chaired by Sai Leun, the son-in-law of Peng Jiasheng, who chairs the MNDAA based in the Kokang region of northern Shan State.

The government's Peace Commission is chaired by Tin Myo Win, the man appointed by State Counselor Aung San Suu Kyi as the government's top peace negotiator, and was formed to support the National Reconciliation and Peace Center, the government's peace secretariat—the successor to the Myanmar Peace Center under the previous government.

Kyi Myint, secretary of Special Region 4's Peace and Unity Committee, confirmed to The Irrawaddy that the NDAA would "participate in the 21st Century Panglong peace conference" and that they "fully support State Counselor Aung San Suu Kyi's principle of all-inclusiveness."

Peace Commission spokesperson Khin Zaw Oo confirmed that the NDAA leaders "welcomed peace from their hearts and said they would collaborate with the new government and the Tatmadaw [Burma Army]."

The meeting also covered the challenges of including the three groups—the TNLA, the MNDAA and the AA—on which Burma's military has maintained an uncompromising stance, demanding in effect their unconditional surrender through disarmament.

The Peace Commission's Khin Zaw Oo told The Irrawaddy that the NDAA leaders had "urged us to bring these groups into the process, if possible."

Government representatives met with leaders of the three groups in late June and they plan to meet them again later this month, said Khin Zaw Oo, although no date has been revealed.

Following their meeting with Suu Kyi on Friday, representatives of the United Wa State Army (UWSA)—a group with close historical ties to the NDAA—met with members of the Peace Commission on Saturday in Naypyidaw.

Khin Zaw Oo said the UWSA and NDAA leaders would abide by their pledges not to secede from the Union of Burma, as the UWSA made clear on their Friday meeting with Suu Kyi.

During their respective meetings with the government, the UWSA and the NDAA delegations had both requested regional development assistance, according to Khin Zaw Oo, with the UWSA prioritizing road upgrades and the NDAA stressing the need for improved medical service provision in their mountainous area.

The NDAA, along with the UWSA, has been invited by the government to participate in the political dialogue framework review meeting, planned for the weekend of August 7-8 in Rangoon, where the agenda will be set for the Union Peace Conference scheduled for later this month.

"Regarding their willingness to sign the Nationwide Ceasefire Agreement"— reached between the former government and eight ethnic armed groups in October last year—"they [both UWSA and NDAA] said they would respond on the matter after discussing amongst themselves," Khin Zaw Oo said.

It is currently unclear whether armed groups who refused to sign the Nationwide Ceasefire Agreement—the majority of armed groups in Burma—would have to sign before being allowed to take part in political negotiations at the Union Peace Conference.

The post Mongla Armed Group Backs Govt's All-Inclusive Peace Policy appeared first on The Irrawaddy.

Pakistani Muslim Speaker and Son Fined, Deported

Posted: 01 Aug 2016 06:19 AM PDT

Two Pakistani Muslims are immediately shuttled to the Rangoon International Airport on Monday after being found guilty of violating Burma's Immigration Act. (Photo: Myo Min Soe / The Irrawaddy)

Two Pakistani Muslims are immediately shuttled to the Rangoon International Airport on Monday after being found guilty of violating Burma's Immigration Act. (Photo: Myo Min Soe / The Irrawaddy)

RANGOON – Two Pakistani nationals were fined and deported after a Tamwe Township court found them guilty of violating Burma's Immigration Act. While on tourist visas, the men delivered sermons at several Rangoon mosques without first applying for official permission from the authorities, said Win Aung Ni, head of the local police station.

The police detained the two men, 69-year-old Zulfiqar Ahmad and his 29-year-old son Saifullah Ahmad, on Saturday for questioning. They were brought to court on Monday morning on a charge levied by judge Tin Htun Oo. The hearing was attended by several police and immigration officers and concluded by 2 p.m.

Following the ruling, the men were immediately driven to the Rangoon International Airport.

Al-Haj Aye Lwin, the chief convener of Burma's Islamic Center, said that both men were well educated and that their lectures were popular in the Muslim community. The father is a well-known Sufi Muslim speaker and the mosques attracted large crowds when he visited Pabedan, Kyauktada and Mingalar Taung Nyunt townships.

"Muslims normally pray five times each day. The two Pakistani men just joined in prayer. They did not give lengthy sermons, but the authorities said they breached their visa regulations," said Al-Haj Aye Lwin.

The judge told The Irrawaddy that the men had breached the Immigration Act and were punished under Section 4(2), which holds the defendants liable for deportation, and Section 13(1), which allows for a minimum fine of 1,500 kyats (about US$1) or imprisonment. The men were handed a fine of 100,000 kyats (almost $100).

When police officer Win Aung Ni spoke to The Irrawaddy on Monday at around 3:30 p.m., he said that they had just deported the two men.

The hosts did not understand the immigration laws when they invited the men from Pakistan to deliver sermons while they were in the country, he added.

The post Pakistani Muslim Speaker and Son Fined, Deported appeared first on The Irrawaddy.

Refugee Return Centers to Be Opened on Thai-Burma Border

Posted: 01 Aug 2016 06:13 AM PDT

 A refugee family hold numbered placards as they pose for a photo during a census conducted by Thai authorities at Mae La refugee camp in July 2014. (Photo: Reuters)

A refugee family hold numbered placards as they pose for a photo during a census conducted by Thai authorities at Mae La refugee camp in July 2014. (Photo: Reuters)

CHIANG MAI, Thailand — Service centers providing support for Burmese refugees returning home voluntarily are to be established in all nine Burmese refugee camps on the Thai-Burma border later this month.

Refugees can declare their intention to return home at these "Voluntary Repatriation Centers," where they can also receive advice, counseling and provisions for their return, and be formally processed in coordination with the Thai authorities.

The establishment of these centers is part of a refugee repatriation process being prepared by the UN High Commissioner for Refugees (UNHCR) and the International Organization for Migration (IOM).

During the visit of State Counselor Aung San Suu Kyi to Thailand in June, an agreement on cooperation between the Thai and Burmese governments was reached to facilitate the return of Burmese refugees. During her visit, Suu Kyi publicly welcomed the refugees back and said they were Burma's responsibility. Later in June, the Burmese government announced it would repatriate 196 refugees from the border camps as an initial step.

Iain Hall, UNHCR senior field coordinator in the Thai border town of Mae Sot, told The Irrawaddy that the new centers were "designed and will be constructed by the IOM in all camps to provide a voluntary return support service to any refugees that are interested. The [centers] will be the central location where refugees can get information."

Hall said they would also be the locations for "voluntary repatriation processing by the UNHCR, the IOM and the Royal Thai Government."

There are about 120,000 registered Burmese refugees living in nine camps on the Thai-Burma border. Many of them feel it is still unsafe to return home, since most escaped from conflict-wracked areas of Burma's Karen State, where the Burma Army still occupies many villages, despite a ceasefire reached between the previous government and the largest Karen ethnic armed organization, the Karen National Union (KNU), in 2012, and the KNU's signing of the Nationwide Ceasefire Agreement in October last year.

Hall said that provisions for returnees would be made available at the new centers, including cash for transport, food via the World Food Programme, and reintegration grants via the IOM through its agreement with the UNHCR.

Under the plan, the UNHCR will conduct individual protection counseling for any refugee who approaches the centers and expresses their desire to return home. Handicap International, a nongovernmental organization, will provide Risk Awareness sessions, including on the subject of landmines.

"While the UNHCR is not promoting or encouraging refugees' return, it is getting ready to facilitate and support any refugees that have made a voluntary decision to return, as is their right," said Hall.

Observers and sources on the Thai-Burma border said the pilot project for voluntary refugee return would begin in August in Nu Po camp in Thailand's Tak Province.

One observer familiar with the matter, who asked for anonymity because he is not authorized to speak with the media, said, "I believe 55 persons have [so far] approached the UNHCR," asking them to help facilitate their return.

He said that the announcement concerning the opening of "Voluntary Repatriation Centers" was made during a two-day stakeholders' meeting in Mae La camp in Tak Province last week, attended by NGOs, community-based organizations and refugee camp committee members.

According to several credible sources, groups representing refugees such as the Karen Refugee Committee (KRC) and the Karenni Refugee Committee (KnRC), among others, had not received prior notice about this development. The UNHCR claimed to have had many discussions with the Thai government on the matter, and cited the Burmese government's public commitment to accept and prepare for the return of refugees.

The post Refugee Return Centers to Be Opened on Thai-Burma Border appeared first on The Irrawaddy.

As Irrawaddy River Swells, Mandalay Prepares for Possible Flood

Posted: 01 Aug 2016 05:53 AM PDT

With the swelling of the Irrawaddy and Dokhtawaddy rivers, flood water has been inundating Yadanabon University and other low-lying areas in the city of Mandalay since Sunday. The university has been closed temporarily and students have moved out of the campus hostels, to flee the flooding, pictured here. (Photo: Zaw Zaw / The Irrawaddy)

With the swelling of the Irrawaddy and Dokhtawaddy rivers, flood water has been inundating Yadanabon University and other low-lying areas in the city of Mandalay since Sunday. The university has been closed temporarily and students have moved out of the campus hostels, to flee the flooding, pictured here. (Photo: Zaw Zaw / The Irrawaddy)

MANDALAY – As the Irrawaddy River swells due to recent heavy rains, rising water levels are concerning to both locals and authorities in Mandalay, who are preparing for a possible flood.

The river is about two feet above the 230.74-foot alert level in Mandalay Division. Local authorities have relocated people living along the Irrawaddy's riverbank and alerted rescue teams to stand by if the water levels continue to rise.

In the meantime, the local government has announced the closure of Yadanabon University, located in Amarapura Township, due to high levels of water entering the university compound; buildings in the area remain flooded.

"The University will be closed until further notice," said the announcement, which was issued on Saturday evening.

"We are very disappointed by the university closure. It affects our education and, of course, the teachers and staff living in the compound are also facing hardships in getting clean water and food," said Aung San Oo, a third year student at Yadanabon.

According to university officials, about 200 teachers and staff residing in the compound have been affected. Some have relocated, but those who are still living in teachers' housing are in need of basic necessities.

"The university should not have been [built] here at all. This area is the region where water enters every monsoon season. Every year, the students face hardships due to this water problem. The government should consider the future of the students, and allow them to [continue their] studies at Mandalay University," said a Yadanabon University teacher.

 With the swelling of the Irrawaddy and Dokhtawaddy rivers, flood water has been inundating Yadanabon University and other low-lying areas in the city of Mandalay since Sunday. The university has been closed temporarily and students have moved out of the campus hostels, to flee the flooding, pictured here. (Photo: Zaw Zaw / The Irrawaddy)

With the swelling of the Irrawaddy and Dokhtawaddy rivers, flood water has been inundating Yadanabon University and other low-lying areas in the city of Mandalay since Sunday. The university has been closed temporarily and students have moved out of the campus hostels, to flee the flooding, pictured here. (Photo: Zaw Zaw / The Irrawaddy)

Taungthaman Lake Waters Rise

As the water also rises in Amarapura Township's Taungthaman Lake, the local irrigation department decided to open the waterway to reduce the lake's water levels on Monday morning. The move is affecting the locals who live along lake's adjacent lowlands.

"[On Sunday] we warned and relocated the locals living on the lower region of the lake, because it is a must that we open the water gates, which are built to hold the water, to prevent the lake bank from breaking up," said Thet Naing Tun, joint secretary of Mandalay's City Municipal Department (MCDC).

According to the MCDC, the irrigation department is working with the rescue teams to strengthen and reinforce the Irrawaddy River bank along the city and the Taungthaman Lake's banks.

The iconic teak U Bein Bridge, which lies in the Taungthaman Lake in Amarapura Township, was also forced to close, as the water below had nearly reached the wooden walkway.

Local government representatives said that the closure was to ensure the safety of visitors and locals, and a precaution against possible accidents related to the high water levels.

Residents of Amarapura, who are arguably the most affected by the rising water levels, say that the current water levels are higher than in past years due to development projects on the eastern bank of Taungthaman Lake, which have impeded the water from draining to other areas.

"The culture city project has been piling soil at the eastern bank of the lake to raise the bank and this affects the water flow," said Maung Maung Oo, a member of the local Green Activity group, referring to the construction of a historic model village on Taungthaman Lake. "It shifts the water to other areas, which results in the water swelling up and overflowing into our university area and the western bank of the lake."

'Living On Alert'

Currently, the water level of Irrawaddy River is stalled at 232.87 feet, but locals are worried that an impending flood could displace thousands in Mandalay Division alone.

The region has a history of flooding disasters. In the 2003 monsoon, severe floods affected 35,000 people in Mandalay, and also severely damaged the U Bein Bridge. In 2013, the Irrawaddy River rose to 237 feet and more than 2,000 locals were again affected.

"Although the water level is not as high as in past years, we are living on alert and worrying about severe floods, as we have heard there will be more rain in the upper regions of the country," said Maung Maung Oo.

In Sagaing Division, the road to the Mingun region—just west of Mandalay—has eroded due to flooding, and locals living near the Irrawaddy River bank have been relocated.

An official from the Ministry of Social Welfare, Relief and Resettlement told The Irrawaddy on Monday that townships in Mandalay, Sagaing, Magwe and Irrawaddy divisions have been inundated by rising water in recent weeks, affecting 50,613 people nationwide.

In Mandalay, over 25,000 people have been relocated. In Sagaing, the numbers have exceeded 13,400, and in Magwe, over 12,000 locals have been moved, according to the ministry.

The Irrawaddy River may reach more dangerous water levels during the next day in Sagaing's Minbu, and over the next two days in Magwe, Aung Lan, Pyay and Seiktha, the Department of Meteorology and Hydrology, said on Sunday. Special precautions were recommended for people living near the Irrawaddy River bank and in low lying areas in these townships.

The department said that the water levels may remain dangerously high for at least two more days in Mandalay, Sagaing and Irrawaddy divisions.

Myint Soe, director of the Magwe divisional government's Relief and Resettlement Department, said that over 1,000 people in both Aung Lan and Yesagyo townships, and 850 in Minbu, had been relocated for their safety.

"The water level of Irrawaddy River is continuing to rise and thus, those who live in low lying areas are moving to other places as a precaution. The farm animals in the areas have also been moved to other places," he said, adding the department is supplying food to flood victims who are currently taking shelter in monasteries, schools and other public places.

Additional reporting by San Yamin Aung from Rangoon.

The post As Irrawaddy River Swells, Mandalay Prepares for Possible Flood appeared first on The Irrawaddy.

E-Ticketing Comes to Rangoon’s Public Transit

Posted: 01 Aug 2016 04:28 AM PDT

An

An "anypay" prepaid card in a passenger’s hand. (Photo: The Irrawaddy)

RANGOON — A local company teamed up with a Singapore-based land transportation management company to implement an electronic ticketing service for Rangoon's public transportation system, according to the companies' representatives.

The local company, Integrated Smart Solutions Co. Ltd (ISS), and MSI Global Pte Ltd—a subsidiary of the Land Transport Authority of Singapore, announced the partnership at their formal signing ceremony held on Sunday, where they introduced "anypay"—a new e-ticketing system for buses in Burma's most populated city.

Anypay will provide a prepaid card system and a mobile app with a QR code for the city's commuters to ride buses and trains, Kyaw Zeyah, ISS chief executive officer, told reporters at the signing ceremony.

He said that passengers will not need to carry cash and will no longer need to communicate with conductors to make payments. The company's anypay system will serve as an e-purse for passengers, he added.

"We would like to fill a gap in the public transportation system," he said. "With this system, we are ready to provide a similar service for any BRT bus lines—either current or future."

Machines for anypay prepaid cards are currently installed on buses operated by the Yangon Bus Public Co., Ltd (YBPC)—the city's first bus rapid transit (BRT) system. Currently, 65 buses traverse the BRT's two routes.

Chairman Maung Aung of the YBPC said it is a pioneering public bus company, which is popular among commuters but still faces many difficulties. In trying to improve the commercial capital's main public transportation system, electronic ticketing will play an important role for both companies and commuters, he said.

"Anypay is a ticketing system that is safe, organized and modernized, and can provide a very good experience for people who use public transportation," Maung Aung said.

Managing director Sim Wee Meng of MSI Global said the partnership is a step toward supporting ISS's mission to change Burma's public transportation system from cash to cashless and implement an automatic fare collection system.

The company will begin its trial system in October and is expected to officially launch the service by January.

The post E-Ticketing Comes to Rangoon's Public Transit appeared first on The Irrawaddy.

Myanmar Payment Union to Upgrade ATM Card System

Posted: 01 Aug 2016 04:22 AM PDT

People walk past ATM machines at a shopping centre in Rangoon on May 27, 2012. (Photo: Soe Zeya Tun / Reuters)

People walk past ATM machines at a shopping centre in Rangoon on May 27, 2012. (Photo: Soe Zeya Tun / Reuters)

RANGOON — The Myanmar Payment Union (MPU) signed with Vietnamese telecom multinational FPT and the National Payment Corporation of Vietnam (NAPAS) on Sunday to initiate a financial switching system, Zaw Lin Htut, chief executive officer of the MPU, told The Irrawaddy.

As MPU's partners, FPT and NAPAS will—starting this year—help facilitate a system upgrade for ATM cards in Burma.

"We need US technology to upgrade our system to offer required services to our customers," Zaw Lin Htut said, adding that FPT and NAPAS would be key players in the process.

All of the MPU's member banks will cooperate in upgrading their ATM card system, which now receives many user complaints due to a lack of infrastructure.

Soe Thein, executive director of Asia Green Development Bank, said that Burma's ATM card system requires an upgrade, particularly as the number of users increase. Working with international organizations, he said, is the first step in graduating to international card use.

"MPU member banks' ATM cards can only used in local machines. That's why the MPU is trying to work with other foreign payment groups. This upgrade is the first step in 'going international' right now," he said.

More than 20 banks have been working with the MPU to issue ATM cards across the country.

"After upgrading, users will be able to not only withdraw cash at an ATM, but transfer funds from account to account with different banks. It means we will be enhancing our product line," Zaw Lin Htut explained.

The transfer feature will be part of the first phase of the upgrade project, he added. The payment industry in Burma is still weak, as connectivity and infrastructure development remain limited.

"There will be three phases, however, we still need the government's support—it is crucial. Without their support, reliable infrastructure and payment industry development will not be possible," he said. "By giving incentives to merchant and cardholders—such as tax incentives—we will promote the MPU [project] and connect to the Asian Payment Network soon."

In October 2012, the MPU introduced their debit cards and distributed them to users. There are currently an estimated 1.8 million ATM card users in Burma with 2,000 automatic transaction machines and over 6,000 Points of Sale (POS) throughout the country.

Since late 2012, the MPU has signed cooperation agreements with China's UnionPay International, the Japan Credit Bureau, MasterCard and Visa.

Its membership includes 23 local banks, three of which are state-owned, including the Myanmar Economic Bank, the Myanmar Foreign Trade Bank and the Myanmar Investment and Commercial Bank. Two others are military-backed—the Inwa Bank and Myawaddy Bank.

The post Myanmar Payment Union to Upgrade ATM Card System appeared first on The Irrawaddy.

Aung Htoo: ‘Equality’ and the Demand For a Federal Union

Posted: 01 Aug 2016 03:02 AM PDT

Aung Htoo, human rights lawyer and founder of the Legal Aid Network. (Photo: Hein Htet / The Irrawaddy)

Aung Htoo, human rights lawyer and founder of the Legal Aid Network. (Photo: Hein Htet / The Irrawaddy)

Aung Htoo is a human rights lawyer who has worked for many years on ideas and challenges concerning federalism in Burma, and on the creation of a draft federal constitution. He founded the Legal Aid Network in 2012, which established the Federal Law Academy in Mai Ja Yang in Kachin State in 2014, to provide legal and constitutional education to ethnic youth.

Aung Htoo talked to The Irrawaddy's senior reporter Lawi Weng on the sidelines of last week's summit of ethnic armed group leaders in Mai Ja Yang in Kachin State.

Ethnic delegates discussed the draft constitution produced in 2008 by the Federal Constitution Drafting and Coordination Committee (FCDCC). That draft envisages that the country would have eight states, instead of the current seven, with the addition being a Bamar (Myanmar) ethnic state incorporating some of the existing divisions. For many ethnic people, this is a question of equality. What is your view?

My view is that it is a necessity. Over the course of history, ethnic nationalities have lived independently in this country. Powerful Myanmar kings established Myanmar empires during some historical periods, but basically, other ethnic nationalities lived independently until the British colonized the country.

We need to consider the historical background of our country. The 40-year war between Mon and Myanmar [from 1384 to 1424] is a significant chapter in this. Arakanese people formerly lived independently. So did Kachin and Shan people. The British could not even colonize the Karenni.

So, we were not previously a unitary state. We formed what became the union together [after independence]. Look at the Panglong Agreement: ethnic nationalities, including Myanmar, formed the union together. Ethnic nationalities at that time enjoyed the right to reject General Aung San's proposals, and to remain under British rule. Actually, if they had so chosen, with the option to claim back independence later, their status would have been much better than it became under military rule.

In any case, it has now become a necessity to build a genuine union. The fundamental part of that is equality. Equality among the various ethnic nationalities must be established.

You have said that there is a problem with the concept of 'divisions' [or 'regions'] in a federal system. What do you mean?

The principle of seven divisions [and seven states] was created by General Ne Win. From 1990 to 2004, when I was involved in the long process of drafting a federal constitution, we discussed how to solve the problem of 'divisions,' since really these do not fit into a federal system. Finally, we proposed that a union should have just two types of states—'national states' and 'nationalities states.'

'National states' means eight states: Karen, Kachin, Shan, Mon, Arakan, Karenni, Chin and Myanmar. This principle of eight states was adopted at the Taunggyi conference on constitutional matters in 1961. Other territories, such as Sagaing, Irrawaddy and Tenasserim divisions [which have large ethnic minority as well as Myanmar populations], would be 'nationalities states.'

We discussed these matters at a recent workshop organized by the United Nationalities Federal Council (UNFC). An American professor there pointed out that in a union, if a state is too large, it is difficult to control. He cited the example of Nigeria. The northern part of the country takes up about 60 percent of the national territory and is very difficult to control.

I responded to the effect that there is no one-type-fits-all federal system. We have to be creative depending on the situation. If, for example, Irrawaddy, Sagaing and Tenasserim divisions become 'nationalities' states, the [remaining] Myanmar State would not be too large.

The Panglong Agreement allowed ethnic signatories [representing the Shan, Kachin and Chin ethnic nationalities] to secede from the union ten years after signing. If some ethnic groups made a similar demand during the upcoming peace conference slated for August, would the Burma Army allow it?

We will be able to do nothing if we are afraid that the Myanmar military leaders will be dissatisfied. That would mean we could only yield to military rule. Ethnic nationalities can't accept this. If we are over-concerned about whether or not the military will agree, it will bring us nothing and we will not be able to solve the root cause of the problem.

The Myanmar Army today lacks strong leadership. Gen Ming Aung Hlaing is not as strong as Than Shwe. The fighting power of the military is the lowest in its history. They can't annihilate any of the armed groups—the Kokang [Myanmar National Democratic Alliance Army], the Ta'ang National Liberation Army or the Arakan Army. Quite the opposite: those groups have grown bigger while fighting the Myanmar Army.

The Myanmar Army needs to understand and correctly assess its own situation. Meanwhile, we need to make our voices heard. Ethnic youth need to know what their rights are, and speak up boldly for those rights. We have advantages that we did not have 50 years ago. When we were young, talking about federalism was a crime. But now they [the Myanmar Army leaders] have to admit that federalism is essential for our country.

What about Shan State, in relation to the FCDCC?

Shan groups uphold the eight-state principle. But I think they won't oppose the idea of 'nationalities states' if a genuine federal union is to be built.

The Shan have used the term 'the federated Shan States' for their state. My late friend Chao Tzang Yawnghwe, the son of the Saopha of Yawnghwe Sao Shwe Thaik, explained federalism like this: suppose there is a village and there are houses in the village; each house has its own compound; some compounds are bigger than others, and some have more than one house—this is what Shan State is like. It will be a smaller federation inside a bigger federation.

So would the Wa, Palaung [Ta'ang] and other ethnic groups get their own territory inside Shan State?

Right now, there are no fences. The Myanmar Army built a big house and took control of everything. The other houses do not have power. So each wants to get close to the center, which controls absolute power. This has to be changed to a system in which every house in the village has sovereignty to a reasonable extent. There should no longer be rigid centralization, although centralization to a degree necessary for the maintenance of a federal union should be sought.

Ethnic leaders have proposed establishing 'pyi-htaung' (sovereign) states. I like that terminology; there should be sovereign states. Those sovereign states would have sovereignty, but they would delegate some degree of their sovereign power to the federal government.

Federalism should be based on the idea that the central [federal] government is just a created entity and that states have intrinsic sovereignty. Then, power would shift from the central [government] to the states, which could solve their own problems.

Regarding Shan State, in Chiang Mai we have discussed creating units—by which I mean, within the state there could be a Shan national territory, a Kachin national territory, a Ta'ang national territory and a Wa national territory. Places where Shan, Kachin and Ta'ang live together could be joint administrative zones. There would be two parliaments based on those units—the House of the People and the House of Nationalities. I believe this would work.

What are the new government's views on federalism, in your view?

Going by what we have learned from leaders close to the National League for Democracy (NLD) and Daw Aung San Suu Kyi, we are very sure that the NLD has no written document, approved by their central executive committee, containing their definition of federalism or the principles of a future Myanmar federal union. They are just talking about federalism in an ad hoc way. I am not criticizing the NLD, but the truth is that they don't have a written document about federalism.

The post Aung Htoo: 'Equality' and the Demand For a Federal Union appeared first on The Irrawaddy.

UNFC Will Not Sign Ceasefire Unless All Members Included

Posted: 01 Aug 2016 02:49 AM PDT

The Mai Ja Yang Summit in Kachin State. (Photo: Hein Htet / The Irrawaddy)

The Mai Ja Yang Summit in Kachin State. (Photo: Hein Htet / The Irrawaddy)

The United Nationalities Federal Council (UNFC), a nine-member ethnic alliance that opted out of signing the nationwide ceasefire agreement (NCA) with the previous government, said it would not sign the agreement unless all of the member groups were permitted to join.

UNFC leaders reiterated their all-inclusive policy on Friday, the fourth day of the Mai Ja Yang ethnic summit in Kachin State.

"We have adopted a stance that UNFC members will only sign the NCA if all groups can sign," said Nai Hong Sar, vice chair of the UNFC.

Ethnic leaders said on Friday they were not yet clear on whether the new government wanted them to sign the NCA before or after the upcoming Union Peace Conference.

Burma's military has officially stated that it would not allow the Ta'ang National Liberation Army (TNLA), the Myanmar National Democratic Alliance Army (MNDAA), or the Arakan Army (AA) to sign the agreement unless the three groups officially released a statement saying that they would disarm.

"[The Burma Army] wants us to renounce our beliefs and apologize to them and the people for waging a wrongful war. This is virtually impossible for us," said Brig Gen Tun Myat Naing, AA chief of staff.

"We are fighting for our beliefs, without earning any money. Asking us to give up something that we value more than our lives makes us think that they are intentionally banning us to impede the NCA," he said.

The three allied groups are interested and prepared to join the political dialogue, but they have not received a concrete offer from the government, and the peace conference is drawing near. However, the groups have sent a message to Daw Aung San Suu Kyi about finding a positive solution, Tun Myat Naing added.

Of the three groups, only the AA attended the Mai Ja Yang summit. The TNLA and MNDAA were absent.

"Without the inclusion of all of the ethnic groups, the peace process is meaningless and nationwide peace will not be possible. Therefore, we do not accept the exclusion of certain groups. We are all ready to take part if we can all sign and attend the peace conference without restriction," said Nai Hong Sar.

The UNFC also has plans to meet with the United Wa State Army (UWSA), the largest non-state armed group in Burma, to discuss the inclusion of the AA, MNDAA and TNLA in the peace process.

The Mai Ja Yang summit concluded on Saturday, with an agreement to continue searching for common ground with the government and NCA signatories.

The post UNFC Will Not Sign Ceasefire Unless All Members Included appeared first on The Irrawaddy.

National News

National News


Conceptions of ethnic, religious identity vex Panglong youth summit

Posted: 31 Jul 2016 11:58 PM PDT

Last week around 800 youth representatives gathered at the site of the historic Panglong Agreement in Shan State to debate peace, federalism and equality for Myanmar's ethnic peoples.

MPs urge government to adopt ‘fiscal federalism’ when collecting taxes

Posted: 31 Jul 2016 11:28 PM PDT

MPs are lobbying for a more clear-cut, equal tax system that would raise the tariff for the wealthy and see cuts for poorer states.

Wa, Mongla armies hopeful after meeting with state counsellor

Posted: 31 Jul 2016 11:27 PM PDT

Two powerful ethnic armed groups from the Wa and Mongla special regions are optimistic that the government's much-touted 21st-century Panglong Conference late this month can begin the process of healing decades-old ethnic divisions, according to U Zaw Htay, deputy director general for the President's Office.

Post-summit, Panglong’s fate still clouded

Posted: 31 Jul 2016 11:11 PM PDT

Ethnic armed groups concluded the Mai Ja Yang summit over the weekend on an ambivalent note, saying they would decide whether to attend the cornerstone of the new administration's peace plan, the 21st-century Panglong Conference, only after determining how all-inclusive the conference will be.

Arbitration Council protest shut down for lack of permit

Posted: 31 Jul 2016 02:30 PM PDT

Factory workers marching yesterday in protest of the newly appointed members to the Arbitration Council were stopped by police who said they did not have the necessary permission.

MPs urge clampdown on illegal chainsaws

Posted: 31 Jul 2016 02:30 PM PDT

Chainsaws are massacring our forests, MPs have complained. And now the government is to take action against them. U Ohn Win, Union minister for natural resources and environmental conservation, told parliament on July 29 that he would crack down on the illegal use of chainsaws.

Ahara Thukha Market upgrade eyes August completion

Posted: 31 Jul 2016 02:30 PM PDT

Vendors from the Ahara Thukha Market will move to back to their old location after the completion of a K200 million concrete paving project, according to the Nay Pyi Taw City Development Committee.

Yangon chief minister to tap young entrepreneurs for ‘fresh ideas’

Posted: 31 Jul 2016 02:30 PM PDT

Yangon Region Chief Minister U Phyo Min Thein plans to meet with young entrepreneurs today, after he promised more youth input in governance at a meeting with students of the National Management Degree College last week.

Pyinmana school restarts construction after public backlash

Posted: 31 Jul 2016 02:30 PM PDT

Pyinmana town authorities have apparently backed down in the face of public support for a school construction project that officials had tried to block. Local residents cancelled a planned protest march against Nay Pyi Taw City Development Committee after the committee allowed construction work to resume.

Magwe Region parliamentarians seek new legislative building

Posted: 31 Jul 2016 02:30 PM PDT

Magwe Region lawmakers are pushing for a new parliamentary building within the next two years.

Shan Herald Agency for News

Shan Herald Agency for News


Mai Ja Yang EAOs' Plenary Meeting: Successful but need time to iron out common positions

Posted: 31 Jul 2016 05:43 PM PDT

The controversial and much talked about Ethnic Armed Organizations' (EAOs) Plenary Meeting in Mai Ja Yang, Kachin Independence Organization's (KIO) controlled town near Chinese border, took place from 26 to 30 July, extending a full day more than that was originally planned date of 29 July, due to the need to cover all the agendas previously agreed upon.

The meeting was attended by 17 EAOs, minus the United Wa State Army (UWSA), Kokang or Myanmar National Democratic Army (MNDAA), Ta'ang National Liberation Army (TNLA) and National Socialist Council of Nagaland – Khaplang (NSCN-K), making it the most comprehensive and exclusive meeting to determine the common position of the EAOs. Also attending were representatives from two umbrella, alliance organizations of ethnic nationalities political parties; United Nationalities Alliance (UNA) and National Brotherhood Federation (NBF), including the Women League of Burma (WLB), UN Secretary-General's Special Adviser Vijay Nambiar and Sun Guoxiang, Special Envoy of Asian Affairs of the Ministry of Foreign Affairs of China.

This was the fifth EAOs gathering that followed the earlier four meetings, twice in Laiza, KIO controlled largest town, and twice in Law Khee Lar, the Karen National Union (KNU) administered area, during the last couple of years since the former President Thein Sein started the peace process in 2011.

During the five‐day summit, delegates discussed on the issues of approving the Panglong Handbook prepared by the Kachin, Shan and Chin EAOs as the original signatories of the Panglong Agreement in 1947 with the Burmese Interim Government; basic principles for the constitution of a future federal democratic union; basic principles for security and defence; and the amendment, fine-tuning of  Framework for Political Dialogue (FPD).

While the Mai Ja Yang meeting was endorsed by the ruling National League for Democracy (NLD) that would help and enable the EAOs to achieve a common position, complementing and supporting the upcoming 21st Century Panglong Conference (21CPC) as preferred by Aung San Suu Kyi or Union Peace Conference (UPC) dubbed by the previous regime, the military (Tatmadaw) was against it saying that it could divide the EAOs more than forging unity. But it also didn't hide its worry that they could use the occasion to form military alliance among themselves and expand their territorial control.

Whatever the case, let us look at the outcomes on what has been discussed at the meeting.

Panglong Handbook

The EAOs Panglong Handbook endorsement was in order,  which emphasized the core principles of rights of self-determination, equality and democracy to be applicable in all their political bargaining process. Accordingly, only a final touch on some wordings were needed.

The Panglong Handbook is a compilation of historical facts, principles and guidelines for the Panglong agreement, with the explanation of its spirit and pledges, which have failed to materialize after nearly 70 years of its signing in 1947, in Panglong town of Shan State. The treaty was signed between the then Burmese interim government, represented by Aung San – the late father of Aung San Suu Kyi – and three ethnic nationalities, the Chin, Kachin and Shan.

The Burmese interim government, which was then known as Burma Proper or Ministerial Burma included all the territories inhabited by the Karen, Mon and Arakan among others, while the Karenni state was then considered by the British as an independent territory.

Federal Constitution

The meeting agreed on the 8 point principles in drafting a federal union constitution, which included sovereignty, equality, rights of self-determination, genuine federalism, protecting the rights of  minorities, democratic rights, universal human rights and gender equality, and multi-party system-based secular form of governance.

The EAOs' guidelines were based on federal union constitution that was drafted in 2008 by Federal Constitution Drafting and Coordinating Committee (FCDCC) and added proposals made by the United Nationalities Federal Council (UNFC) in 2015.

The most outstanding point of discussion in federal form of governance was the alteration proposal of "national" state and "nationalities" state formation, rather than just accepting and going along with the 14 States and Regions configuration under the present military-drafted constitution. Hypothetically, for example, a Bamar State could be carved out from Mandalay, Magway and Bago Regions, while Yangon (Rangoon), Ayeyarwady (Irrawaddy), Tanintharyi (Tenasserim) and Sagaing Regions could become nationalities states, for they are populated with various other ethnic groups, besides Bamar ethnic.

Security and defence

The security sector reform (SSR) deliberations the EAOs mainly focused on the formation of a federal union army, which should be under the defence ministry and subordinated to the civilian government, emphasizing that the country's president would be the Commander-in-Chief of the military.

The military has tried all along to push for the disarmament, demobilisation, and reintegration (DDR), which entertains only the surrender of the EAOs without question or coming under the wings of the Bamar-dominated Tatmadaw, while the EAOs were for the SSR that harbours more on integration into the security apparatus either in form of state security units, like state defence or border patrol police force, of their concerned state, plus becoming part of the federal union army within a given prescribed quota.

The Commander-in-Chief Min Aung Laing has time and again said that the military is striving to become a standard army, which could be construed as either trying to build a professional or union army, leaving politics to the civilian government. But Min Aung Hlaing's professed timeline of some 15 years for the military to go back to the barracks starkly contrasted with the vague commitment of withdrawing from political arena, which he is inclined to dole out publicly occasionally.

Framework for Political Dialogue 

The amendment of the FPD that has been drawn by the Union Peace Dialogue Joint Committee (UPDJC), without the UNFC, centred around the participation quota, which was agreed by all attending EAOs to be a tripartite one endorsed by the United Nations for decades. The recent FPD under the NCA setting now has seven groups, which the EAOs thought could not lead to equitable and fair participation of the ethnic nationalities.

The EAOs' proposed tripartite includes the government, the parliament and the military as one party; the EAOs as another; and the other, all the registered political parties nationwide.

Common position still need to be ironed out

With the end of the EAOs Plenary Meeting coming to an end on 30 July, a statement issued said that the common position on a variety of issues still have to be ironed out. Reportedly, there were a number of open questions that needed further discussion.

General N'Ban La, vice chairman of the KIO and UNFC chairman urged the meeting participants  that it would be good to form a single negotiation group together between the signatory and non-signatory EAOs, under the UNFC, to talk to the government.

N'Ban La who was in an upbeat mood said: "The ethnic nationalities' political rights discussion has enable us to achieve a common position for future political negotiation process, which has shown  our most invaluable unity. I want to thank all the ethnic leaders and make a record (on this)."

The meeting further resolved to form a working group, to compile all the agreed points and discuss the remaining outstanding issues. It is said that the Coordinating Team (CT) of the 8 signatory EAOs and the UNFC's Delegation for Political Negotiation (DPN) would find ways to achieve common positions and bridge the gap on outstanding issues.

According to Mizzima, Colonel Sai Hla from the Restoration Council of Shan State (RCSS) summed up the situation recently as follows: "We got a draft from the four negotiation issues. It was agreed that in order to confirm it, our top leaders will hold another meeting and make decision."

The positive outcome was said to be that the two groups have resolved to bargain as one party in the peace negotiation process and the agreed upon the understanding to ask for postponement of the August  scheduled 21 CPC from the government, to either September or November, as they needed more time to work out common positions among themselves.

The meeting was said to be successful according to Khu Oo Reh, who is the convening Chairman of the Mai Ja Yang meeting. "While we cannot say that we have one hundred percent agreement (on all issues discussed), it is almost close to it," he said.

But Sai Kyaw Nyunt representative of the UNA has a different opinion and said that only about fifty percent agreement has been reached. He particularly pointed out the lack of concrete agreement, especially on the issue of national state and nationalities state formation criterion. He explained: "We discussed about the formation of a Bamar State and other nationalities states, with no concrete count of how many states it should be there. But in building a federal union with equality, representation (of each ethnic state) is anyhow needed."

Outlook and perspective

The purpose of the meeting participants attending the Mai Ja Yang summit, along with civil society organisations and political parties was to prepare for the 21CPC and to find common ground for a future federal union. In this respect, it could be said that the objectives are fulfilled, although one could argue to what degree of  achievement the meeting has made.

Khu Oo Reh said that it was successful and was nearly a hundred percent achievement of the meeting's objective, while some ethnic political alliance representatives put it as some fifty percent success rate. However, some of the crucial hurdles still left and remain to be resolved are the much debated controversial issue of all-inclusiveness and real ceasefire implementation on the ground, in order to even participate in the amending of FPD, recently being opened
by the government to the EAOs that have not yet signed the NCA.

During the course of meeting in Mai Ja Yang, Vice-Chairman of UNFC Nai Han Thar and UNFC Chairman General N'Ban La reportedly reiterated their commitment of all-inclusiveness participation in the peace process – meaning that the excluded three EAOs that the military refused to let in must be included – and the implementation of a genuine ceasefire implementation on the ground, either through unilateral ceasefire from the government part or simultaneous ceasefire declaration, both by the military and the EAOs.

Only after the above mentioned conditions are being satisfactorily resolved, the participation of the FPD amendment discussion could take place, which again would lead to another hurdle of implementing a "tripartite dialogue" mode of participation.

The UPDJC has now accepted seven parties to participate in the UPC, to thrash out a political settlement that include a total of 700 delegates comprising 75 from the Government, 75 from the Hluttaw, 150 from the Tatmadaw, 150 from EAOs, 150 from registered political parties, 50 from ethnic representatives and 50 from others who should participate.

And finally, provided that the tripartite participation mode is agreed, the signing of Nationwide Ceasefire Agreement (NCA) would follow, leading to the participation of the UPC or 21CPC.

One day after the EAOs' Plenary Meeting, responding to a question on what he thought about the tripartite position of the EAOs, Zaw Htay spokesperson of the Presidential Office replied to the BBC, that he welcomed it, as it is exactly the same with the UPDJC setup, where the government, parliament and the military, the EAOs and the political parties, all three have an equal representation of 16 members each.

Nevertheless, it is a tall order by any standard and all would have to go through the negotiation phase whether they like it or not.

For the time being, the EAOs will be burdened with ironing out the outstanding issues collected from the Mai Ja Yang meeting and working on the concrete common set of position among themselves for the UPC, while the NLD and the military would have to scrutinize the proposals and demands of the EAOs and consider to what extend they are ready to compromise and accommodate them. Equally, the EAOs would also need to adjust and soothe down the adversaries' worries, such as secession issue and angst of having to become equal partner with the other ethnic nationalities, falsely believing as a degradation from their racial supremacy position.


In sum, there is hardly any other way, rather than to accommodate and understand each others aspirations through give-and-take, if we are to break this deadlock of decades-old ethnic conflict that has consumed the largest amount of our human and natural resources all these years.