Wednesday, September 21, 2016

The Irrawaddy Magazine

The Irrawaddy Magazine


Microsoft Appoints Country Manager to Burma

Posted: 21 Sep 2016 08:14 AM PDT

A Microsoft press conference in Rangoon on Tuesday. (Photo: Hein Htet / The Irrawaddy)

A Microsoft press conference in Rangoon on Tuesday. (Photo: Hein Htet / The Irrawaddy)

RANGOON — US-based technology giant Microsoft appointed a country manager to Burma this week, the company announced on Tuesday.

Microsoft is expanding its presence in the country with the appointment of Sy Wann as the first country manager of Microsoft Burma. The company released a statement that said it aims to contribute to the transformation and growth of the local information and communications technology ecosystem by empowering businesses to increase productivity and accelerate growth, working with country's conglomerate Shwe Taung as well as the Kanbawza (KBZ) Group of Companies.

The new country manager Sy Wann joins Microsoft after spending three years establishing Cisco Systems in Burma. He was responsible for government and CSR (corporate social responsibility) engagement, sales and technical engagement, and partner enablement. He previously worked for Travelocity and Capital One in the United States, where he held various roles in IT, mainly focusing on data management.

Sy Wann will be at the helm of Microsoft's product, service and support offerings in Burma.

"I am very excited to be joining Microsoft in Myanmar when the country is undergoing rapid growth and modernization across all sectors. I look forward to this opportunity to lead Microsoft in Myanmar and continue supporting the successes and growth of our customers and partners here," Wann said in the statement.

He added that the company's top priorities in Burma include supporting youth and education in the STEM (Science, Technology, Engineering and Mathematics) fields; enabling economic empowerment, inclusive national development and civic engagement; developing donor-related partnerships and Microsoft Philanthropies programs; and job creation through building a robust partner ecosystem in Burma.

Microsoft began launching its products in Burma in 2013.

The post Microsoft Appoints Country Manager to Burma appeared first on The Irrawaddy.

MNHRC Claims to Have ‘Acted Accordingly’ in Child Labor Case

Posted: 21 Sep 2016 08:08 AM PDT

members attend a press conference on Wednesday concerning their handling of a case of abuse against two girls forced to work in domestic servitude for a tailoring family in Rangoon. (Photo: J Paing / The Irrawaddy)

members attend a press conference on Wednesday concerning their handling of a case of abuse against two girls forced to work in domestic servitude for a tailoring family in Rangoon. (Photo: J Paing / The Irrawaddy)

RANGOON – Representatives from the Myanmar National Human Rights Commission (MNHRC) have defended their response to what has become a high-profile case of abuse against two under-aged domestic workers in Rangoon.

The girls, aged 16 and 17, described being beaten, cut, and forced to work for five years with little or no pay for the family who owns the Ava tailoring enterprise in Kyauktada Township.

Once the girls were rescued, the MNHRC reportedly pressured the families of the victims to accept a cash settlement rather than push for legal action. During a meeting with members of the press on Wednesday, the MNHRC maintained that agreeing to monetary compensation—totalling US$4,000—was the most appropriate response in the case.

The case of San Kay Khaing and Ma Tha Zin, from Rangoon's Kawhmu Township, drew extensive media attention this week, with the human rights commission receiving harsh criticism for what was perceived as taking advantage of the victims' and their families' lack of legal knowledge and options.

In the press conference, the MNHRC described their role as that of a mediator, engaging in five hours negotiations on Sept. 15 between the San Kay Khaing's mother, Tha Zin's aunt, and members of the family accused of the abuse. During this time, the MNHRC detailed previous "success stories" to the individuals of the commission's past interventions.

A protester writes a message outside of the MNHRC's building on Wednesday afternoon, to express dissatisfaction with the commission's handling of the case of child labor and abuse. (Photo: J Paing / The Irrawaddy)

A protester writes a message outside of the MNHRC's building on Wednesday afternoon, to express dissatisfaction with the commission's handling of the case of child labor and abuse. (Photo: J Paing / The Irrawaddy)

"We left them alone for 15 minutes to talk on their own and we respected their decisions, either to take compensation or to take legal action," said Zaw Win of the MNHRC.

Daw Mya Mya, another MNHRC member present at the press conference, told The Irrawaddy that their intervention had been carried out "in accordance with the Commission mandate" to protect and advocate for human rights. The commission had, she said, "respected the concerned persons' decision to take the monetary compensation for the crime."

Yet it has since been revealed that the MNHRC failed to speak directly to the victims, breaching Clause 22 of the commission law which states that they must investigate human rights complaints after they are received.

Zaw Win said this occurred "because the victims' family members, the ward administrator, local police and women's affairs representatives were present at the negotiation."

Also on Wednesday afternoon, a group of rights activists protested against the MNHRC, in front of their building, for the commission's inaction in the case.

Following criticisms by media and on social media for what was widely deemed insufficient action taken against the perpetrators, Lt-Col Myo Thein, of the police force's anti-human trafficking unit, filed a case accusing the tailoring family of torture.

Rangoon police apprehended three members of the family on Wednesday afternoon: Daw Tin Thu Zar, aged 57, Ko Tin Min Latt, 37, and Ma Su Mon Latt, 27.

Rangoon's Western District Police are investigating the police from Kyauktada Township who initially looked into the case, to uncover whether law enforcement acted in accordance with police procedures.

Police Major Khin Maung Htwe, who is heading the investigative committee, told The Irrawaddy that "action would be taken" if there is evidence that the police failed to perform their duties, but declined to comment further on the ongoing investigation.

Additional reporting by Thuzar.

The post MNHRC Claims to Have 'Acted Accordingly' in Child Labor Case appeared first on The Irrawaddy.

New Investment Law Expected to be Approved Soon

Posted: 21 Sep 2016 07:59 AM PDT

Burmese and Japanese officials cut ribbons during the opening ceremony of the Thilawa special economic zone in Thanlyin Township outside Rangoon in Sept 2015. (Photo: Soe Zeya Tun / Reuters)

Burmese and Japanese officials cut ribbons during the opening ceremony of the Thilawa special economic zone in Thanlyin Township outside Rangoon in Sept 2015. (Photo: Soe Zeya Tun / Reuters)

RANGOON — The new Myanmar Investment Law has been submitted to Parliament and is expected to be approved by October, following discussion by lawmakers and before the current parliamentary session ends.

Ministry of National Planning and Finance Deputy Minister U Maung Maung Win put forward the investment draft bill to the Lower House on Tuesday, following an announcement by the US government that economic sanctions against Burma would soon be lifted.

The bill has been through various drafts, beginning under the previous government. There was a push to submit it to Parliament following State Counselor Daw Aung San Suu Kyi's visit to the United States and call for increased US investment in Burma.

The new draft bill combines the Burma Citizens Investment law—enacted in July 2013 and governing local investment—and the Foreign Investment law—enacted in November 2012 and governing foreign investment—into one law.

"Combining these two laws will help create a better investment environment," said U Maung Maung Win.

The draft law reduces the mandate of the Myanmar Investment Commission (MIC) and provides a more tailored approach to tax exemptions, according to the deputy minister.

U Than Aung Kyaw, deputy director general of the Directorate of Investment and Company Administration (DICA) told The Irrawaddy that the law had been changed significantly from former versions and that it is expected to be passed before the end of the current parliamentary session, which concludes in early October.

"We are trying to approve it soon, as a result of Daw Aung San Suu Kyi's visit to the United States," he said.

Under the existing investment law, every investment must have the approval of the MIC. Under the draft law, there will be different guidelines needed for MIC approval.

The government will directly handle the investment proposals that are deemed strategically important, require a substantial amount of capital, or could potentially have social and environmental impacts, according to the planning and finance ministry.

The parliamentary session was scheduled to end Sept. 23 but that has been postponed until Oct 7 so that Parliament can debate and pass the investment law.

The new bill includes more strategic tax incentives. If the government chooses to promote a certain business or sector, related investors will receive tax incentives, U Than Aung Kyaw said.

The bill also incentivizes investment in less developed areas.

Lower House lawmaker and businessman Dr. Thet Thet Khine told The Irrawaddy that the country also needed adequate electricity, clear laws and good transportation in order to attract international investment. He said the country should invite investments that would improve infrastructure.

U Nay Myo Htun, a Lower House lawmaker from Htantabin Township said the new law will boost investor confidence.

The Lower House Bill Committee agreed and called the draft law an impetus for technological and industrial development in line with international norms.

"There were some problems having two separate laws in the past. Foreign investors sometimes thought they were being discriminated against, which impeded the country's growth," Bill Committee Chairman U Tun Tun Hein told The Irrawaddy.

The draft law has been approved by the State Counselor's Office. Drafted with the help of the International Finance Corporation, it has 23 chapters and 104 clauses, and the definition of terms in the draft law is in line with other international laws.

The post New Investment Law Expected to be Approved Soon appeared first on The Irrawaddy.

‘Illegal’ Mosques to be Demolished in Arakan State

Posted: 21 Sep 2016 07:02 AM PDT

A mosque in Arakan State's Maungdaw Township located near quarter five. (Photo: Maungdaw Community / Facebook)

A mosque in Arakan State's Maungdaw Township located near quarter five. (Photo: Maungdaw Community / Facebook)

RANGOON – Arakan State's Security and Border Affairs Minister Col. Htein Lin has ordered the demolition of "illegally constructed" mosques, schools, houses and other buildings in Maungdaw Township in a meeting at the local administrative office on Sunday, according to a report in the Rakhine Gazette, a local paper.

The local immigration office stated that 12 mosques, 35 Arabic language teaching schools, 2,543 houses, 604 shops and 132 other buildings had been constructed without official permission from the local authorities, though it is not yet known how many of these are earmarked for demolition.

The Rakhine Gazette reported that Htein Lin summoned Muslim religious leaders and quarter administrators to attend the Sunday meeting, and informed the attendees that they would issue official instructions as soon as possible.

The Muslim representatives encouraged the border affairs minister to consider the wellbeing of the impoverished families living there.

Most of the more than 1 million Muslims in Arakan State, also known as Rakhine State, that identify as Rohingya—around a third of the state's population—are denied any form of citizenship. Buddhist Arakanese insist that they are illegal migrants from Bangladesh, and refer to them as "Bengali."

Former lawyer U Kyaw Hla Aung told The Irrawaddy that Muslims from the Maungdaw Township have been living there for several decades but have not been allowed to construct or renovate buildings without a permit from local authorities. It is unclear whether the buildings listed to be demolished received a permit or not.

"They have lived here more than 20 years without permission to build or repair, how can they live? Should they live on ground?" U Kyaw Hla Aung said.

The Rakhine Gazette report quoted Htein Lin's speech during the meeting: "We will take action against those who disobey instructions. How can we handle [illegal structures] if the number is increasing year by year? We can't ignore those unlawful things."

The Irrawaddy contacted Arakan State ministers, the Chief Minister's spokesperson, and township administrators who attended Htein Lin's meeting on Sunday, but no one was available for comment.

A regional legislator of the Union Solidarity and Development Party, U Htun Hla Sein, confirmed that each quarter has at least one mosque or place of worship in his constituency, but could not verify whether these religious buildings had been constructed with the authorities' permission.

An Arakan National Party lawmaker representing Buthidaung Township, Htun Aung Thein, said that the actual number of such buildings is higher than government statistics, and that in his constituency, at least 400 "illegal" religious buildings have been built over several years.

The Irrawaddy talked to the spokesperson of the Ministry of Culture and Religious Affairs Aung San Win on Tuesday to clarify what kind of religious buildings are designated as being illegal and if any other religious buildings (including Christian and Buddhist buildings) fit this criteria. He declined to discuss the process and suggested talking to the state and divisional governments.

"Such matters are handled by regional governments. We handed authority to them in 2012," he said.

In early August, the Ministry of Culture and Religious Affairs announced an investigation into what was described as an "illegal mosque" in Kachin State's Hpakant Township that was burned down by a mob.

A ministry statement in a state run newspaper at the time said that, in early 2014, the government had demolished 24 "illegal" Buddhist monasteries in the Naypyidaw area. Additionally, legal proceedings against 173 monasteries in Rangoon Division and 86 in other states and divisions had been launched at the recommendation of the State Sangha Maha Nayaka Committee, the government-appointed council that oversees monastic discipline in Burma.

Although the ministry statement cited a total of 283 monasteries that had been previously been charged as being "illegal," it did not mention any figures for places of worship related to other religions, such as Christianity or Islam.

The post 'Illegal' Mosques to be Demolished in Arakan State appeared first on The Irrawaddy.

Burma Army Officers Pressure Karen State IDPs to Return Home Amid Fighting

Posted: 21 Sep 2016 05:49 AM PDT

Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) Ethnic Karen civilians take shelter in a Myaing Gyi Ngu monastery in September 2016 after being displaced by fighting between the DKBA and the Burma Army, joined by the Border Guard Force. (Photos: Myo Min Soe / The Irrawaddy) 2h9a4545-a

Burma Army officers tried to convince displaced ethnic Karen on Thursday to return to their villages, despite continuous daily fighting in Karen State's Mae Tha Waw area, The Irrawaddy has learned.

One officer, commander of Infantry Division 22, and another, the tactical commander of Infantry Division 44, met hundreds of internally displaced people (IDPs) seeking refuge within the compound of a Buddhist monastery in Myaing Gyi Ngu, Hlaing Baw Township. They told the IDPs that the areas they had fled were, in fact, stable, and encouraged them to return to their homes.

In total, more than 3,800 people have been uprooted since Sept. 9 by fighting between the Democratic Karen Buddhist Army (DKBA) and the Burma Army, who are aided by the allied Border Guard Force (BGF).

Among the crowd were 30 additional families who had just arrived that day after escaping fighting in the area of Ba Thraw village.

The Irrawaddy overheard a conversation between a displaced Karen village head and the Tatmadaw officer from the 44th Division.

"They are enjoying their food here, so they don't want to go home, right?" the tactical commander said.

The village head replied that this was not the case—that the people in his community were "too afraid" to return to their land.

Nay Lin Htet, who is managing the makeshift camp inside the monastery, told The Irrawaddy that any decision to go back to their homes should be made by the displaced people themselves, rather than due to pressure from above.

"They are saying the areas are stable, but we do not know whether it's true or not," he said of the army representatives, pointing out that villagers "would rather stay in their own houses," and would do so if it were possible.

Until then, Nay Lin Htet added, he would do his best to make sure they are taken care of.

"If they keep staying here […] we will continue to help them," Nay Lin Htet said, pointing out that the Karen State government had donated food to support the displaced; since it is a monastery, all meals are vegetarian.

A nurse, who is treating injured and sick IDPs in the Myaing Gyi Ngu monastery, found the officers' pressure disingenuous. "They were the people who created the problem," she said of the Burma Army. "It is not true what they said."

Maj. Naing Maung Zaw from the Karen BGF argued that it was riskier to stay in the monastery.

"Their property will destroyed if they abandon their homes and villages for a long time," he said, insisting that the area had been secured.

The Irrawaddy observed some people leaving the monastery by car and motorbike, as well as in army trucks, but learned that they were relocating in order to stay with relatives in other, safer areas, rather than returning home. When the military transport discovered that the IDPs were not going back to their own homes, they asked them to disembark.

Infantry Division 22 has set up an outpost on the nearby Salween River. A further two hours away, fighting continues in Mae Tha Waw. The road out of Myaing Gyi Ngu used to reach Myawaddy, on the Thai border, but the road is now blocked as skirmishes continue to break out along it, making it difficult to leave the country.

The post Burma Army Officers Pressure Karen State IDPs to Return Home Amid Fighting appeared first on The Irrawaddy.

Lawmaker Calls For Action Against Illegal Logging in Kachin State

Posted: 21 Sep 2016 05:33 AM PDT

 Forestry security police raiding an illegal logging site. (Photo: Forestry Department)

Forestry security police raiding an illegal logging site. (Photo: Forestry Department)

A lawmaker from Kachin State urged the Upper House to look into illegal logging carried out by local militia groups in Kachin State's Kawnglangphu Township on the Sino-Burma border.

Lawmaker U J Yaw Wu alleged that local militia groups worked hand in glove with Chinese companies to smuggle logs into China at mile post Nos. 30, 31, 35 and 41 in the east of Kwanglangphu and that the problem had gotten worse since 2014.

"The Kachin State government and the Northern Command of the Burma Army have drawn up a plan to arrest them. The military will provide security for combined groups of departmental personnel to launch a crackdown," said Minister for Resources and Environmental Conservation U Ohn Win.

The minister said that security and rule of law are limited in remote areas where local militia groups make their homes and unless the government, the military and the police force provide full security, it will be difficult to apprehend the smugglers.

According to the minister, from the start of the 2016-17 fiscal year in April, a total of 1,940 tons of smuggled logs and 104 units of heavy machinery were seized, along with 117 smugglers arrested in Kachin State. Over the past five years, a total of 26,233 tons of smuggled logs and 1,598 units of machinery were seized, while 861 Burmese smugglers and 176 foreign smugglers were arrested.

The seized machinery used in smuggling was not registered, but was brought into the country illegally over the border, said the minister. The government does not run the border gates in the area, so there is no inspection of vehicle entry and departure and no tax collected, added the minister.

Translated from Burmese by Thet Ko Ko.

The post Lawmaker Calls For Action Against Illegal Logging in Kachin State appeared first on The Irrawaddy.

Lower House Approves Bill to Protect Against State Surveillance

Posted: 21 Sep 2016 05:03 AM PDT

A Special Branch officer records as student activist Nanda Sit Aung talks to the Reuters news agency during an interview at Tharrawaddy court, during a mass trial of student protesters in Pegu Division, August 25, 2015. (Photo: Reuters)

A Special Branch officer records as student activist Nanda Sit Aung talks to the Reuters news agency during an interview at Tharrawaddy court, during a mass trial of student protesters in Pegu Division, August 25, 2015. (Photo: Reuters)

RANGOON — Burma's Lower House of Parliament approved a bill to protect citizens from state surveillance and intrusion on Tuesday, while military lawmakers resisted some clauses.
U Zaw Win, member of the Lower House Bill Committee, told The Irrawaddy on Wednesday that there were no major changes from the original draft of the bill which the committee submitted to parliament on Sept. 8.

During the parliamentary session on Tuesday, the bill committee, Ministry of Home Affairs, Ministry of Transport and Communications, Lower House parliamentarians, and military lawmakers discussed the minor changes on the proposed legislation.

The bill prohibits household arrests and inspections without a warrant as well as surveillance of individuals and their private communications in a manner that harms their privacy or dignity, barring the approval of the President or the cabinet.

The bill has been welcomed as an aid to protect the rights of the individual. The draft law also states that no one can request or provide private communication logged by telecom operators, unseal private letters and parcels, intrude on an individual's private affairs and family life, or seize citizens' moveable or immoveable property.

The bill prescribes a punishment to anyone who violates the law with prison terms of up to five years and a fine of 2,500,000 kyats (US$2,050).

Lt¬-Col Moe Kyaw Oo submitted a proposal to alter the clause requiring approval from the President or cabinet to "the approval of the Ministry of Home Affairs," reasoning that the home affairs ministry will be implementing the law.

"It will not be possible to obtain permission from the President or Union government in advance in emergency cases," Moe Kyaw Oo said.

But the amendment was voted down in parliament with the commission explaining that laws allowing for household searches and arrests without a warrant in special circumstances already exist under the 1947 Public Order (Preservation) Act and for drug cases.

Burma retains much of its surveillance and repressive security apparatus which remains under the control of the military.

Plain-clothed "Special Branch" officers, a division of the police under the military-controlled Ministry of Home Affairs, can still freely intrude on people's privacy—taking pictures, videos and sound recordings of ordinary citizens, collecting material that can be used against them in legal suits—and keep a particularly close watch on political and civil society activists.

The bill will now go to the Upper House for approval. When the law is enacted, it will allow citizens to file a complaint with the police if they suspect any state surveillance or intrusion.

The post Lower House Approves Bill to Protect Against State Surveillance appeared first on The Irrawaddy.

Navy Chief Joins International Seapower Symposium in US

Posted: 21 Sep 2016 04:25 AM PDT

Burma Army officials sent off Admiral Tin Aung San at the Rangoon International Airport on Monday. (Photo: Office of the Military Commander-in-Chief)

Burma Army officials sent off Admiral Tin Aung San at the Rangoon International Airport on Monday. (Photo: Office of the Military Commander-in-Chief)

RANGOON — Burma's Navy Chief Admiral Tin Aung San left for the United States on Monday to attend an international naval meeting at the US Naval War College (NWC) in Rhode Island, becoming the country's first high-ranking military official to go to the US since sanctions were lifted against Burma last week.

He was joined by another senior navy official for the three-day International Seapower Symposium (ISS) that began on Tuesday.

According to an NWC announcement on its website, senior representatives from more than 110 countries, including many of their senior-most navy and coast guard officers, would attend the event.

"ISS has become the largest gathering of maritime leaders in history and provides a forum for senior international leaders to create and solidify solutions to shared challenges and threats in ways that are in the interests of individual nations," said the announcement.

Despite the United States pledging that it would soon drop economic sanctions against Burma, restrictions intended to block drug trafficking and bar military trade with North Korea still apply, as does a visa ban barring some former and current members of Burma's military from traveling to the US. But it is unclear who those visa restrictions apply to and exemptions can be granted in particular circumstances.

When asked about the Navy chief's visit, US Ambassador to Burma Scot Marciel told the media on Tuesday that it is very difficult for senior military personnel and former senior military personnel to get visas to travel to the United States, but that there are waivers in particular cases.

He added that ISS was a program that warranted a waiver.

The United States has re-engaged military cooperation with Burma since 2013, focusing on humanitarian issues, officer professionalization and human rights, in an effort to encourage the Burma Army to transform into a professional security force with civilian oversight.

After the National League of Democracy won a historic victory in the 2015 elections, international experts and scholars called on US policymakers to reestablish further cooperation between the US military and the Burma Army.

(The Irrawaddy's reporter Moe Myint contributed to this report.)

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Burma: The Next Great Land Tenure Reform Story?

Posted: 21 Sep 2016 01:20 AM PDT

Farmers walk in a bean field in Phyu Township, Pegu Region in 2013. (Photo: Soe Zeya Tun / Reuters)

Farmers walk in a bean field in Phyu Township, Pegu Region in 2013. (Photo: Soe Zeya Tun / Reuters)

Since World War II, there have been five great Asian development success stories founded upon land tenure reforms that allocated land ownership, or equivalent long-term land rights, into the hands of small farmers.
Will Burma be the sixth?

A rare opportunity is knocking, to directly benefit as many as four million of the poorest families on earth, and beyond that to support broader economic growth and the crucial processes of peaceful democratization in a country of some 50 million.

Last week, Daw Aung San Suu Kyi, State Counselor of Burma's new democratic government, embarked on her first state visit to the United States.

Daw Aung San Suu Kyi's meeting with President Obama reciprocated a visit he made in November 2012 when Burma was beginning its democratic transition and she was still in the political opposition. In his address at the University of Yangon, President Obama recalled Franklin Delano Roosevelt's "Four Fundamental Freedoms": freedom of speech, freedom of worship, freedom from want, and freedom from fear.

President Obama proposed a partnership in which Burma's "progress towards democracy" would be coupled "with economic development", and then offered this ringing affirmation of the centrality of property rights:

"It's not enough to trade a prison of powerlessness for the pain of an empty stomach.

''When ordinary people have a say in their own future, then your land can't just be taken away from you. And that's why reforms must ensure that the people of this nation can have that most fundamental of possessions—the right to own the title to the land on which you live and on which you work."

At a town hall meeting on his second trip to Burma, two years later, President Obama spoke again of the land issue:

"Now, because Myanmar is still very agricultural, I think issues of land reform and trying to increase productivity in the agricultural sector is also a very immediate and urgent problem."

Five great Asian land reforms since 1945 have offered land property rights, and thereby laid the groundwork for success in broader economic development (and, while uneven in their linkages with democratization, those reforms have almost certainly supported a much greater degree of empowerment than would have existed without them). These were the land rights reforms in Japan and South Korea and on Taiwan, each now democratic, and in (now long-time decollectivized) Vietnam and mainland China.

Twenty-first century land rights reform in Burma, however, need not be a duplicate of the five great reforms that have gone before, each of which focused primarily on transforming tenant farmers into owners of land previously owned by private landlords.

While land rights reform in Burma will have some parallels to these prior successful reforms, it is likely that Burma's reforms will embody major additional elements reflecting both the specifics of rural poverty and landlessness in the country, and the recognition that the great twentieth century reforms nonetheless omitted some vital features. Prominent elements in Burma's reforms will need to include:

• Strengthened land tenure security of current smallholders;
• Return and allocation of available public land to create millions of new smallholders;
• Greater and explicit land rights for women;
• Micro-plots where needed to reach the absolute landless;
• Strengthened customary tenure rights; and
• Voluntary donation of some of the lands of the well-off, taking a cue from India's "Bhoodan" movement.

Our work in Burma [disclosure: some of the support for that work comes from USAID, and the Omidyar Network] over the past three and a half years persuades us that the top leadership (not only the NLD, but including the previous government, which adopted a highly progressive National Land Use Policy before leaving office) understands the need for comprehensive land rights reform. Hopefully, the heads of state and others who meet and interact with Daw Aung San Suu Kyi on her historic visit will seize the opportunity to encourage and support Asia's sixth great land tenure reform.

Roy Prosterman is Founder and Chairman Emeritus of Landesa, a nonprofit group that has worked for 50 years to secure land rights for the world's poor; and Professor Emeritus at the University of Washington School of Law.

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Three Arrested in Rangoon Tailor Abuse Case

Posted: 21 Sep 2016 01:07 AM PDT

A man walks past the Ava tailoring shop on 40th Street in Rangoon's Kyauktada Township (Photo: Hein Htet / The Irrawaddy)

A man walks past the Ava tailoring shop on 40th Street in Rangoon's Kyauktada Township (Photo: Hein Htet / The Irrawaddy)

RANGOON — Three members of a family accused of human trafficking and abuse at a downtown Rangoon tailoring shop have been arrested and detained by Yangon Police Force, according to the force's official Facebook page.

The Anti-Human Trafficking Unit filed charges against grandmother Daw Tin Thuzar and one of her daughters, Ma Su Mon Latt of Ava Tailor Shop at Kyauktada Township's police department, Lt­-Col Myo Thein of the unit told The Irrawaddy.

Daw Tin Thuzar was detained Tuesday while Ma Su Mon Latt and Ko Tin Min Latt were arrested on Wednesday lunchtime. Ko Tin Min Latt is believed to be another family member.

The two girls, San Kay Khaing aged 16 and and Tha Zin aged 17, suffered five years of abuse at the hands of owners of the six-floor tailor shop and factory on 40th Street in the heart of the former capital, according to the victims.

Myo Thein said that the Anti-Human Trafficking Unit saw the case unfold on social media and filed charges against the offenders as per Burma's Anti-Trafficking in Persons Law. He filed both charges against the tailors on Tuesday afternoon and said that the police station had accepted the case.

According to Article 24 of the law, anyone found guilty of trafficking in persons, especially women, children, and young persons, shall be punished with a minimum prison term of 10 years and a maximum sentence of life imprisonment.

Article 32 imposes the same punishment for anyone who "prepares, attempts, conspires, organizes, administers or abets" in any of the offences stated in the law.

The case was initially filed at the Kyauktada Township police station three months ago by U Swe Win, chief correspondent of Myanmar Now news agency, after a member of the family notified him about the abuse of the girls and asked for help in rescuing them.

When the police failed to take action, he said, he contacted the Myanmar National Human Rights Commission (MNHRC).

U Swe Win said that the police and the MNHRC had recommended that the victims' families accept monetary compensation for the crime, since a legal fight would be lengthy and held no guarantee of justice.

The families acted on the recommendation, and the family accused of the abuse paid 4 million kyats to San Kay Khaing (US$3,235) and 1 million ($809) to Tha Zin. The amount included three years' worth of salaries that had not been paid.

Since escaping the tailoring shop on Sept. 5, the two girls have been recovering at their family's homes in Bawlonekwin village in Rangoon's Kawhmu Township.

Myo Thein explained that the offenders also violated Article 3 of the law, which prohibits "debt-bondage"—whereby a debtor pledges personal labor or services to repay a debt that is not clearly defined or assessed.

"The offenders exploited the girls by not paying their full salaries for about two years," he said. "There was also torture and physical abuse."

Myo Thein said his unit will pursue the accused even if the families of the victims agreed to settle the case through monetary compensation.

"Such a case should not be settled or dropped," he said.

 

The post Three Arrested in Rangoon Tailor Abuse Case appeared first on The Irrawaddy.

National News

National News


Police to file charges after revelations of girls’ abuse, payout spark outcry

Posted: 21 Sep 2016 12:16 AM PDT

Swift backlash against a compensation scheme brokered by the Myanmar National Human Rights Commission in the case of three girls tortured for years as housemaids in Yangon's Kyauktada township has prompted police to pursue legal action against the accused.

Economic sanctions can no longer power Myanmar’s democratic transition, US ambassador says

Posted: 20 Sep 2016 11:59 PM PDT

US Ambassador to Myanmar Scot Marciel yesterday defended the decision to purge the sanctions list, referring to the embargoes as no longer politically expedient and a constraint on trade between the two countries.

Drafting of national-level dialogues’ terms of reference under way

Posted: 20 Sep 2016 11:21 PM PDT

The writing of draft Terms of Reference (ToR) for three different national-level political dialogues has begun as Myanmar's peace process gets down to nuts and bolts after the largely symbolic 21st-century Panglong Conference concluded earlier this month.

Research project to collect data on migrant workers

Posted: 20 Sep 2016 11:19 PM PDT

A research team is conducting a nine-month survey to determine the push and pull factors of migration from Myanmar.

Rakhine minister warns ALP supporters from protesting court hearing

Posted: 20 Sep 2016 11:16 PM PDT

In an attempt to preemptively stave-off protests outside a coming hearing, Rakhine State officials yesterday warned the defendant's supporters that they will be arrested and charged should they assemble outside the court.

Protest against Hkamti jade prospector arrests planned

Posted: 20 Sep 2016 11:15 PM PDT

A protest against the arrests of a number of jade prospectors will be staged in Hkamti township, Sagaing Region, following a government crackdown in the region that began on September 17.

Sittwe vaccinates children against Japanese encephalitis

Posted: 20 Sep 2016 11:14 PM PDT

Health officials in Sittwe are inoculating tens of thousands of children aged from nine months to 15 years amid an outbreak of Japanese encephalitis.

Police net record drug seizure in Maungdaw

Posted: 20 Sep 2016 11:11 PM PDT

Police have uncovered more than 6.2 million tablets of yaba at a factory owned by a local construction materials firm in Maungdaw township, Rakhine.

School continues in war-afflicted Kayin State

Posted: 20 Sep 2016 11:05 PM PDT

Nearly 250 school children displaced by ongoing fighting in Kayin State are continuing their education in makeshift classrooms, without desks, textbooks or whiteboards.

Counsellors combat gender-based violence in Kachin IDP camps

Posted: 20 Sep 2016 10:59 PM PDT

"My husband forced me to have sex when I was pregnant. He threatened to beat me if I refused. He put me through hell," said the woman.

Shan Herald Agency for News

Shan Herald Agency for News


FRAMEWORK FOR POLITICAL DIALOGUE: UNFC's boycott leads to peace process deterioration

Posted: 21 Sep 2016 04:12 AM PDT

The United Nationalities Federal Council (UNFC) failure to attend the framework for political dialogue was speculated and interpreted as either the rejection, due to the lack of response on its eight point proposal earlier, or also a genuine worry of a single day allotment - reportedly on the 15 September, before the amendment on Framework for Political Dialogue (FPD) - to discuss the proposal by the government side might be too short a time and thus, decided not to go to the meeting that was held from 16 to 17 September. The UNFC was said to give reason that it has time constraint, as its members must discuss and inform their leadership and basis on the 21st Century Panglong (21CPC) or Union Peace Conference (UPC), which they have just recently attended from 31 August to3 September, although it was believed to be otherwise.

According to the UNFC Joint General Secretary Tun Zaw: "The government has started inviting Ethnic Armed Organizations (EAOs) to the meeting on reviewing the framework (for political dialogue). We have been invited to attend the meeting, which will be held from the 15 to 17 (September). We replied that the time is not right for us now. We have to submit reports to our respective headquarters after the 21st Century Panglong Conference. At the same time, there are also eight demands we have made concerning the Nationwide Ceasefire Agreement (NCA).
The government has agreed to continue discussing these demands so we want to discuss them first."

The UNFC eight point proposal that should be added to the NCA are:

1. Bilateral ceasefire agreement between the government-military and the UNFC;
2. To build a federal union with result achieved from 21CPC;
3. Agreement of tripartite dialogue composition;
4. Drafting and promulgation of constitutional law based on the outcome of 21CPC;
5. Advance agreement on Military Codes of Conduct (CoC) and monitoring on Terms of Reference (ToR);
6. Formation of military Joint Monitoring Committee (JMC) with representatives from government, EAOs and international figures acceptable to both parties;
7. Formation of a neutral, enforcement tribunal for NCA involving domestic and international law experts and judges that are acceptable to both parties; and
8. Developmental projects to be tackled according to Extractive Industries Transparency Initiative (EITI), in cooperation with the public and the EAOs. (Source: UNFC Documentation)

The UNFC seems to be banking on levelling the political playing field through implementation of genuine nationwide ceasefire, so that it could participate in the 21CPC without going through the signing of NCA, which it is keen to amend for the document doesn't fully caters to it's aspirations.

Given that the NCA is being endorsed by the parliament during Thein Sein regime last year and also explicitly taken over by the National League for Democracy (NLD) regime, there is little chance that it would be amended. Besides, regarding the bilateral ceasefire agreement proposal, Dr Tin Myo Win, top peace negotiator of  State Counsellor Aung San Suu Kyi, has officially replied that the military won't be going along, as it had also not done this when the 8 EAOs signed the NCA, on 15 October 2015.

The present situation now could be that the UNFC would either disregard the FPD amendment invitation of the government and opted out of the peace process or join the government prescribed scheme without much fuss. But as the government has been aggressively pushing the non-signatory EAOs politically and militarily to sign the NCA, just the opposite, with the determination to resist the pressure, seems to be gaining ground among the UNFC members.

The military has been coming down hard on the Kachin Independence Army (KIA) with military offensives since the end of 21CPC and sending reinforcement into Shan State Progress Party/Shan State Army (SSPP/SSA) controlled areas threatening to attack, both of which are hard core UNFC members.

As neither side seems to be giving in, a temporary solution is needed. And that would be at least the military agreeing to the bilateral ceasefire agreement declaration first, followed by negotiation process on sticky topics like tripartite dialogue, federal union formation and other debatable issues that would take more time to work out.

And if initial agreement could be negotiated during the FPD amendments or fine-tuning, the NCA could be altered and incorporated with facts achieved from it. And at the same time, allowing the non-signatory to participate in the state-level political dialogue, while gearing up for the forthcoming UPC, which will be held within six months.

The military faction advocated line that all non-signatory EAOs have to sign the NCA first, before being allowed to participate in state-level political dialogue, should be shelved, not to torpedo the whole peace process immediately that would bring all to a stalemate or square one.

Meanwhile, the UNFC and 8 EAOs that signed the NCA will meet from 26 -30 September, probably to discuss on how the EAOs as a whole should go about with the 21CPC.

"Well begun is half done" motto actually should be the guideline, but instead Suu Kyi has waded into the peace process hurriedly, against all suggestions. She reasoned that peace has no time to wait and that she and her party were fighting against time constraint and odds to do it, whatever she really meant to say by that. But the real reason might be her timing to coincide with her Europe and United States visits following the 21CPC grand opening, which would put her in favourable international limelight, especially when she is positioned to give her first speech at the United Nations General Assembly.

The 21CPC recently held was just an opening, which basic necessity like altering FPD and possible amendments of the NCA, that needs to be adequately addressed involving the non-NCA signing EAOs, which formed the majority of 13 to just 8 EAOs signed.

The main concern of the whole peace process is all-inclusivity of all EAOs in the first place and this has also not been able to achieve, as the military was able to block it by excluding the 3 EAOs that it harbours animosity. And this has been the core point that made the UNFC not to sign the NCA. But  if the 21CPC is to be an all-inclusive one, the military and government would have to let the excluded EAOs come in.

And only after this agreement, the amendments of FPD and eventually the NCA, that is acceptable to all EAOs, could be worked out. Then the signing of NCA could follow, leading to the UPC or 21CPC.

But the 21CPC was opened without necessary preparation and thus, in effect, could be said that it is "the cart before the horse" sort of undertaking.

The worst thing is that the NCA amendment proposal of the UNFC is still hanging in the air, which the government and military so far refused to agree to. And without amendments there is no way that the UNFC would ink the document.

To sum up the situation, sooner than later, a decision have to be made if the government, or better Suu Kyi, is going to be accommodative to the UNFC proposal or will opt for the military suggested trend of exclusion, side-lining the 3 EAOs and refusing to amend the NCA.

If Suu Kyi's choice is the former the EAOs will prevail and the all-inclusive peace process could go on, if the latter, the military will be the winner and we all could as well kiss goodbye to the all-inclusive political participation, durable ceasefire agreement that would lead us to political settlement and lasting peace.


Posted: 20 Sep 2016 11:56 PM PDT

Day Twelve. Friday, 2 September 2016

The best way to build trust is to be trustworthy.
The Global Negotiator

Today I miss several presentations, especially those for the pre-noon session, particularly by the UNFC team that is presenting its combined paper in 5 ten-minute parts by 5 of their leaders well acquainted with the local media: Nai Hong Sa, Khu Oo Reh, Col Sinwa, Maj Gen Hkun Hseng, and U Twan Zaw.


Nai Hong Sa's proposal that the country adopts a new moniker, not Burma or Myanmar, that represents only the majority Bamar/Burmans had created quite a stir, I'm told when I get back during the lunch break. (I also missed two presentations yesterday: one by PaO National Liberation Organization and the other by PaO National Organization. My notes were empty about PNLO and PNO proposals. Maybe I was among those caught asleep by the media?)

I have been visiting a friend, whom I regard as a brother in the cause for peace: the controversial U Aung Min. We first met on 19 November 2011, almost 5 years ago, when he came to hold talks with leaders from 5 armed movements: Chin National Front (CNF), Karen National Union (KNU), Karenni National Progressive Party (KNPP), Kachin Independence Organization (KIO) and Restoration Council of Shan State (RCSS), all of whom have since  signed bilateral agreements, if not the NCA.

Aung San Suu Kyi and U Aung Min
(Photo: llsbnews.blogspot.com)
But since the new government was established in March this year, he has been mostly out of the picture. He parted ways with many of his close sidekicks, especially U Hla Maung Shwe, who chose to work with the new peace process led by Ms Suu Kyi. Now each of them has set up separate NGOs: Center for Peace and Reconciliation (CPR) by U Hla Maung Shwe and Peace and Development Foundation (PDF) by himself. He told Sao Yawd Serk, leader of the RCSS on a visit to Rangoon in May he wanted a free hand as during U Thein Sein's tenure and didn't fancy someone standing behind him and breathing down his neck while he worked. "That's why I have declined their offer to join them," he said at that time.

I ask him how he is feeling now after nearly 5 months. After all, don't they say time is a great healer?

He is forthright with an English quote as the answer to my question:
The first to apologize is the bravest
The first to forgive is the strongest
The first to forget is the happiest
(Unknown)

William Shein, as he is known  to his former schoolmates, also has some advice for the people working in the government's peace apparatus:
·         One US presidential candidate seeks advice from an elderly statesman what he should do to win the elections. And the latter asks him, "Do you have somebody in mind as your national security advisor?"

Candidate:       Yes.
Statesman:      How close is he to you?
Candidate:       Well, he can knock at my door and wake me up anytime he thinks it's important enough.
Statesman:      Then, the job is already as good as being yours. (Guess who he's giving the unsought for advice)
·         To another who has been threatening to quit because he can't do his job if he's being "pounded not only in front but also from behind," he says,
"Please tell him not to give up until he's on the verge of committing suicide like I was during my term."
·         For the RCSS  and all the signatories, his suggestion is three-fold: Maintain good relations with the military. Get as much as you can from the present government. Forge relations with the USDP's new leadership.

I have a danpawk (what Shans/Thais call Khao Mokkai, rice with chicken planted) lunch with him and his most gracious wife Daw Way Way Tha. Then I'm back the MICC, where the conference has just taken a break for lunch.

The afternoon session is okay, though I find nothing special to report, except for the tremendous applause given to U Thu Way, Today's chair, for his closing remarks, one of which recalls the late Prime Minister U Nu's solemn oath to the remains of Aung San and other martyrs in July 1947: If I ever become rich during my tenure, may I burn in hell forever.

The day ends with a dinner party at Tai Kitchen, owned by a young Shan from Kengtung. There, we are treated to an improvised song sung by another young Shan, who's an MP. He draws an applause when he croons:
"News about non-Shans taking over Shan State don't bother me

Because my mother's son is set to take over Naypyitaw"

Day Thirteen. Saturday, 3 September 2016

The absence causes a breakdown in the trust.
Make regular trips.
The Global Negotiator

The  morning, being the last day, all of us get packed, to be ready to depart after lunch, when the conference is expected to conclude.
Today only 10 speakers remain. The following are excerpts from some of them:
U Aung Kyi
Introduction of "Business for Peace" concept, which is a new one for many in the audience

Ngai Sak, Chin Democratic Party
(In response to U Win Htein's suggestion on the first day:
We should consider more about what we can give rather than what we want) We have nothing left to give. Only to ask for.
(Clapping of hands follows)

Col Kyaw Soe Oo, Tatmadaw
On 22 July 2015, fiscal decentralization to states and regions was announced.

Col Nay Lin Tun, Tatmadaw
We will need to complete the DDR/SSR program as soon as possible, and complete the political dialogues and peace conferences within 3-5 years.

Myanmar State counselor
 Aung San Suu Kyi (Photo: mizzima)
(Earlier, another officer had read out a paper- which I missed-that says in essence that "in Burma, DDR must come before SSR, because good governance, the essential ingredient, has been gradually improved, unlike countries where good governance lacks far behind." He also warned that "everything must be done in accordance with the 2008 constitution and amended in accordance with the provisions in its Chapter Twelve.")

Now, does something ring a bell to you, as it has done to me?

Hket Htein Nan, Ethnic Invitee
It was through Panglong that our Union came into being. Panglong is our parent(s). Ignoring Panglong therefore amounts to disowning our parents.

There is a Kachin saying, "The new mushroom grows where the old mushroom leaves off." How true it is! Now we have the daughter of the leader whom we trusted to take care of things. The hand that rocks the cradle is now the hand that rules our country. Our country is now in good hand.

 A huge applause follows. The speaker certainly has timed his speech with the arrival of the Lady who's joining the conference to deliver her closing address.

A short report is submitted prior to it:
·         1,400 people attended the opening ceremony
·         950 attended the daily presentations
·         72 papers were read out
·         The conference will resume within 6 months

State Counselor
Instead of dwelling in the past and nurturing our hearts with vengefulness, we should look to the future and find ways to overcome them.

By 11:30, the show's over.
I lunch with some of the Shan MPs who tells me "Peace" is a taboo word in the Parliament. The explanation is that the whole assembly becomes unruly once the discussion about peace starts.

Well, I never thought of that. Maybe the parliamentary whips are right to fear more about the breakdown of discipline, right?

I have a pleasant journey by car to Rangoon, where I arrive at 200:00.

EBO Background Paper No. 4/2016 - Contesting Territories

Posted: 20 Sep 2016 08:21 PM PDT

CONTESTING TERRITORIES: The need for a balanced approach

With the conclusion of the Union Peace Conference-21st Century Panglong on 3 September 2015, it became even clearer that the path towards peace and a general union is problematic. While the conference was generally lauded as bringing all stakeholders closer together, it has further highlighted the many serious issues the government faces in creating a Federal Union that everyone can accept.


Myanmar lists 135 ethnic groups including eight major groups - the majority Burman, Shan, Karen, Chin, Karenni, Rakhine, Mon, and Kachin. With the exception of the Burman, all major groups are recognised as having state level recognition. After the failure of the government to fully institute promises made at Panglong in 1947 and in the 1948 constitution (See EBO Background Paper No.3/2016 - The 21st Century Panglong Conference) a federalism movement sprang up in 1961.

The Federalism movement saw Aung San's promise of 'If a Bamar receives one kyat, you will also receive one kyat.' as the basis of equality for every ethnic group and as such it was seen by ethnic leaders that a Burman, or Bamar, state was necessary to bring true equality to the Union. Although the federalism movement was crushed in 1962 by Ne Win, who feared that calls for federalism meant secession from the Union, ethnic leaders still see federalism envisioned through Panglong as the way forward.

While most recent calls from armed ethnic groups have seen promises of no secession, how a future federal union can be realised is a major concern. Current calls, especially by the United Nationalities Federal Council (UNFC), to reinterpret the country's current arrangement of seven states and seven regions in favour of eight states for the main ethnic nationalities and separate or nationalities states for those with mixed ethnic groups is likely to further delay the pace of progress in the peace process.

While federalism, possibly using the Indian model, is one of the main issues being debated. In a country with such a diversity of population, the fact that many ethnic states have numerous ethnic sub-groups all of whom will demand equal rights will cause further ethnic tensions. Such a problem has already been seen in recent clashes between the Palaung State Liberation Front/Ta'ang National

Liberation Army (PSLF/TNLA) and the Restoration Council of Shan State/Shan State Army - South (RCSS/SSA-S) over territorial control.

The conflict between the RCSS/SSA-S and PSLF/TNLA erupted in Shan State on 27 November 2015 in

Namhkam and Manton townships, near the China border. Reports from the Ta'ang claim that members of the SSA-S had crossed into their areas, which they designate as Kyaukme, Namhsan,

Manton and Namkham Townships, without seeking 'permission'.1

The main problem in relation to the conflict is area of operation. As can be seen by the 2008 Constitution only two townships, Manton and Namhsan, are designated as being Palaung governed territory, however, the PSLF maintains that the Palaung should be able to control the additional two townships as the Palaung are present in the other two areas. However, this is disputed and it is believed, for example, that a large majority of the people in Namkham are Shan and Kachin with a much smaller Palaung presence.

Download PDF file : EBO Background Paper No. 4/2016 - Contesting Territories