Wednesday, July 12, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine


Not the Time to Rock the Boat

Posted: 12 Jul 2017 06:20 AM PDT

It is still unclear how the government will penalize Yangon Chief Minister U Phyo Min Thein for his recent remarks concerning the head of the military. What is certain is that the incident has been an embarrassment for Daw Aung San Suu Kyi's National League for Democracy (NLD) administration, which has prioritized good relations with the army in the one-year-old government's quest for national reconciliation.

The Myanmar Army has filed a complaint with the government asking that they "take necessary actions" against the chief minister for saying "there are no civil-military relations in the democratic era" and that the position of the military's commander-in-chief "is the same as the level of director-general, according to the [state] protocol."

U Phyo Min Thein made the remarks in an address on Sunday during a workshop about the rehabilitation of former political prisoners in Yangon. The statement was delivered in the context of him explaining that the military should be placed under civilian control. "But in practice, we have to treat him in the same way as we do with the country's top leaders. It's not democracy," he added, referring to the commander-in-chief.

As a result, the relations between the government and the armed forces have soured at a time when Daw Aung San Suu Kyi has been attempting to build trust with the powerful military, hoping to amend the controversial 2008 Constitution. The Yangon Chief Minister's remarks have generated ire from the institution that, according to the charter, is relegated control of three of the country's important security ministries, and 25 percent of parliamentary seats.

According to the NLD government's official protocol, the military commander-in-chief is ranked eighth in the national leadership hierarchy, just after the Union Chief of Justice. It's the same position Snr-Gen Min Aung Hlaing enjoyed during the previous government's tenure, during which he was ranked seventh because the position of State Counselor did not yet exist. The senior general likely was insulted that U Phyo Min Thein equated his position with that of a director-general, ranked last, or 38th, for directors from the defense ministry.

Despite the army chief's standing as eighth in the country, there is truth in part of what U Phyo Min Thein said: that the military commander-in-chief is treated in the same way as the country's top leaders. Snr-Gen Min Aung Hlaing has the final say on military and security issues, while U Htin Kyaw, the President of the elected NLD government, takes control of civilian matters. It's contrary to practices in other democracies. In the US, for example, the civilian-elected President also acts as the military chief.

In Myanmar, no one in the government can directly appoint the military chief. Only the commander-in-chief can choose his successor: after all, Snr-Gen Min Aung Hlaing was appointed by his predecessor, Snr-Gen Than Shwe. The Constitution says the President can appoint the army chief only with a nomination and recommendation from the National Defense and Security Council. But of the council's 11 members, six are from the military, including the army chief, who appoints the others. Plus, the commander-in-chief can appoint a vice president, and ministers for defense, home affairs and border affairs.

Addressing U Phyo Min Thein's concerns is only possible through constitutional reform, which is one of the NLD government's missions, alongside the realization of a successful peace process. Both aims will take time. To make either happen, military collaboration is crucial, and Daw Aung San Suu Kyi's relationship with them is one that she has been developing for years. The last thing we want is to place further hurdles in her efforts for the country. The controversy surrounding the chief minister's statement is simply the latest reminder that civil-military relations in Myanmar remain sensitive, and that indiscreet comments can still rock the boat.

The post Not the Time to Rock the Boat appeared first on The Irrawaddy.

Legal Expert: Press Council Must Defend Detained Journalists

Posted: 12 Jul 2017 06:12 AM PDT

YANGON — Legal consultant U Khin Maung Myint discussed with The Irrawaddy the case of three journalists, from The Irrawaddy and the Democratic Voice of Burma (DVB), charged under Article 17(1) of the colonial-era Unlawful Associations Act and how the Myanmar Press Council must stand up for and defend the detained reporters.

U Khin Maung Myint consulted on cases against The Voice Daily's chief editor U Kyaw Min Swe, satirist U Kyaw Zwa Naing, also known by his pen name British Ko Ko Maung, and Myanmar Now's Editor-in-Chief Ko Swe Win.

Which groups or authorities should be assisting the detained journalists?

The three journalists just went [to northern Shan State] as part of their reporting, with the approval of their publications. They are official staff members for those publications. So, the Myanmar Press Council must take care of them.

The thing being debated is that as the journalists didn't first seek permission from authorities for their reporting trip, they breached the Unlawful Associations Act. I don't agree with that and that is not what the Media Law says. It doesn't say reporters must seek permission from the military or other security related organizations, rather that if reporters who go to conflict areas want to ask for protective measures, they can request this from the related security organizations.

What is the role of the Myanmar Press Council?

The 2014 Media Law says the Myanmar Press Council is the only organization to oversee that media keep within the provisions of the law. The law was enacted, and signed by the then President. But the media law is not in practice and the council that was established in accordance with the law failed to work properly to keep it in practice.

So what I see is that in those three cases—Ko Swe Win, The Voice and the arrest of three journalists—the main organization which holds responsibility to take care of journalists is the Myanmar Press Council. If the council does their work cleverly, the problems facing these journalists would be solved to a certain extent.

What actions should be taken by the Myanmar Press Council?

The council is the body that should explain to those who are concerned in the case [of the three journalists] to understand the law. If they could do this, there wouldn't be 17(1) charges.

The council and the Ministry of Information can express their suggestions independently and give them to the respective courts at any stage of the court trial.

The council is the most responsible and the most authorized organization in relation to the media industry. They can even give their comments directly to Supreme Court of the Union. The Myanmar Press Council is the highest body of the media, and the Supreme Court is the highest body of the judiciary—they should negotiate.

Unfortunately, the voice of the council is not seen as strong enough in the case of the journalists detained in northern Shan State as well as the two previous cases—Ko Swe Win and The Voice. The Myanmar Press Council and the Ministry of Information have not yet stood firmly with the accused journalists.

As the three journalists have been charged, what should the media council do now?

Now, what we want is for the council members to go the place where the incident happened. They need to examine whether the journalists were arrested fairly, whether their detainment was in accordance with the law as they are required to appear in court within 24 hours of their arrest [the journalists were kept at an undisclosed place under military detention for nearly three full days]. The council needs to be in Hsipaw now and oversee the case. But we have not yet seen the council do any of this.

The council needs to invite editors from The Irrawaddy and DVB, and ask for the details of the case and get statements from them. They need to comment that the reporters were just doing their jobs without meddling with any political affairs, and thus they didn't breach the law. The council needs to give that to the Supreme Court.

If they do those things, the case of the three journalists would go smoothly and be resolved quickly. But, if the Myanmar Press Council continues to keep their hands off the case, it will be a struggle to escape from 17(1).

The post Legal Expert: Press Council Must Defend Detained Journalists appeared first on The Irrawaddy.

Norway Extends Media Support for Women, Peace and Security Issues

Posted: 12 Jul 2017 04:40 AM PDT

YANGON — Norway is supporting The Irrawaddy news organization to strengthen its coverage of women, peace and security issues over a 19-month period as part of Norway's commitment to the implementation of United Nations' Security Council Resolution (UNSCR) 1325 in Myanmar.

The resolution reaffirms the important role of women in the prevention and resolution of conflicts, peace negotiations, peace-building, peacekeeping, humanitarian response and in post-conflict reconstruction, and stresses the importance of their equal participation and full involvement in all efforts for the maintenance and promotion of peace and security.

The Irrawaddy's founder and editor-in-chief Aung Zaw and the Royal Norwegian Ambassador in Yangon Tone Tinnes signed an agreement to implement the project on July 7.

The Irrawaddy's founder and editor-in-chief Aung Zaw and the Royal Norwegian Ambassador in Yangon Tone Tinnes sign an agreement on July 7 to strengthen the news organization's coverage of women, peace and security issues. (Photo: The Irrawaddy)

Starting this month, the project will focus on mainstreaming ethnic women's views and concerns related to peace and security, so that their voices will be heard and taken into consideration in the ongoing peace-building process in Myanmar.

The Irrawaddy will invest in building public awareness and understanding around women's involvement in the peace process. It will support and encourage the airing of the views of women and girls on the challenges they face and the solutions they seek in relation to gender issues and on all matters concerning peace and security.

The new project follows earlier support from the Norwegian Embassy to The Irrawaddy news organization for coverage of women and gender issues.

The post Norway Extends Media Support for Women, Peace and Security Issues appeared first on The Irrawaddy.

Couple Who Abused Underage Domestic Worker Released on Bail

Posted: 12 Jul 2017 04:29 AM PDT

YANGON — Police have downgraded a charge and released a couple on bail who abused a 13-year-old domestic worker in Yangon's Yuzana Housing, angering the complainant and local residents.

Police arrested the pair, Htun Htun, 33, and his wife Myat Noe Thu, living in Yangon's Dagon Seikkan Township on June 3. The following day, block administrator U Myo Tint Naing filed a lawsuit against the two at the township police station under sections 325 and 326 of Myanmar's Penal Code for causing grievous hurt to the girl.

"Police changed the charge from section 326 to 324, and granted them bail," U Myo Tint Naing said.

The charge was altered from "voluntarily causing grievous hurt by dangerous weapons or means" to "voluntarily causing hurt by dangerous weapons or means."

"This is upsetting. The girl was severely hurt, but police changed the charge to slightly hurt," U Myo Tint Naing told The Irrawaddy.

"I want them to change it back to section 326 because I'm concerned that more children will be abused if this stands. If people see that a light punishment is given for such a serious crime, they won't be reluctant to do the same thing," he said.

The girl suffered burns to her chest, back, arms and left thigh, as well as bruises to her head and left leg, according to a statement from the Yangon Region Police Force.

Police arrested the couple on June 3 and remanded them in custody on June 5. The two were brought to court on July 3 and received bail after police lowered the charges. Local residents and the complainant were dissatisfied with the decision and asked divisional lawmaker U Nyi Nyi of North Dagon Township to intervene on Tuesday.

"I will present the case to the concerned authorities to get justice for the girl. Seeing her injuries, and thinking what if she were my daughter, makes me upset," the lawmaker told The Irrawaddy.

He said he would submit a report to the divisional social affairs minister, divisional parliamentary speaker, and chairman of the social affairs and management committee of the divisional parliament about the case.

The girl was brought from a village in Irrawaddy Division's Thabaung Township and had only worked for 27 days at the couple's house. She had to receive treatment at a hospital until June 16. The social welfare department is arranging for her to go to school.

The Irrawaddy was unable to obtain a comment from Dagon Seikkan Township Police.

Translated from Burmese by Thet Ko Ko.

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Myanmar Army Arrests, Shoots TNLA Members in Namkham

Posted: 12 Jul 2017 04:06 AM PDT

YANGON — The Myanmar Army shot and arrested two members of the Ta'ang National Liberation Army (TNLA) suspected of extorting money from businesses, killing one, in Namkham Township in northeastern Shan State on Monday, according to the commander-in-chief's office on Tuesday.

The two men—identified as Mai Ai Oo and Ai San Aung—reportedly attacked Myanmar Army soldiers with knives and attempted to escape on a motorbike after the soldiers moved to interrogate them.

Ai San Aung later died of gun wounds at the military clinic of the Tatmadaw's Namkham battalion, the statement added. It said nothing about the condition of Mai Ai Oo.

General secretary of the TNLA Brig-Gen Tar Bone Kyaw denied its members were extorting money, saying the TNLA only levied appropriate taxes in areas under its control.

"It is likely the two men arrested were connected to our tax collection section; we are still inquiring with lower-level staff to find out exactly who they were," he told The Irrawaddy.

The army seized 1,022,000 kyats, paperwork listing the names and details of shops, two mobile phones, a dagger, and an unlicensed motorbike in the incident, said the army statement.

Ethnic armed groups based in northern Shan State have increased taxes on businesspeople since December, hoteliers and merchants in nearby Lashio Township told The Irrawaddy.

In May, some hoteliers and company owners in Lashio reported extortion to the police after they received letters demanding tax allegedly sent by the TNLA.

The TNLA is currently facing fierce offensives from the Myanmar Army and is therefore collecting taxes for its "revolutionary funds," said Brig-Gen Tar Bone Kyaw.

"We don't levy tax on those who can't afford it. We systematically levy an appropriate amount of tax depending on businesses and also give receipts to tax payers in line with our rules and regulations," he told The Irrawaddy.

Last week, police issued a bomb alert to locals in Lashio alleging the Kachin Independence Army (KIA) and TNLA were plotting to target public buildings with explosives in the town.

The pamphlets also claimed the two armed groups were targeting Namtu Bridge, Yay Pu inspection gate, government offices, and toll gates in Hsenwi Township.

Both the KIA and TNLA denied the allegations.

The TNLA refused to sign the nationwide ceasefire agreement (NCA) with the government, and are members of the seven-member Federal Political Negotiation and Consultative Committee (FPNCC) led by the United Wa State Army (UWSA) and formed in April to discuss alternatives to the NCA-led peace process with the government.

Translated from Burmese by Thet Ko Ko

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UN Envoy’s Visit Incites Protests in Rakhine

Posted: 12 Jul 2017 03:19 AM PDT

KYAUKPHYU TOWNSHIP, Rakhine State — About 200 people protested the arrival of a UN human rights envoy at Sittwe Airport in troubled Rakhine State on Wednesday morning, according to residents and police.

UN Special Rapporteur on Human Rights in Myanmar, Yanghee Lee, and her delegation are in Myanmar from July 10-21 to gage developments in the human rights situation. It is the UN investigator's sixth visit to the country.

Ultranationalist monk U Wirathu also arrived in Rakhine on Tuesday amid rising tensions between the local Buddhist and Muslim communities. Security forces in the region are on high alert after a flurry of machete attacks in villages of Rakhine's north and the killing of a Rohingya Muslim man by a mob of Rakhine Buddhists in Sittwe, the state capital, on July 4.

Authorities permitted the protest at Sittwe Airport, said Rakhine police official Cho Lwin of police station no. 2, who declined to name the person or organization behind the rally. Some media reports stated that a small local group, the Rakhine Ahlin Takar, organized the demonstration.

Sittwe residents told The Irrawaddy that authorities deployed nearly 100 policemen, some of them armed with assault rifles, on the road leading to Sittwe airport.

Protesters held banners reading: ''Reconcile between South and North Korea,'' referring to the poor relations between North Korea and Lee's home country, South Korea, and implying Lee should divert her attention there.

Lee and her delegation are expected to arrive in Buthidaung Township on Wednesday afternoon, where, according to residents and police, another protest against the UN envoy is planned.

Police Maj Kyaw Mya Win of Maungdaw Township, where Lee is expected to visit, said they have not received any requests to protest, adding that security forces would be tightened for the delegation's visit.

Lee held several closed-door meetings in southern Rakhine's Kyaukphyu Township on Tuesday with civil society organizations, internally displaced persons (IDPs) and local authorities.

U Tun Kyi, coordinator of the Kyaukphyu Rural Development Association, joined one of the meetings with Lee at Kyaukphyu Palace Hotel.

He told The Irrawaddy his group discussed four topics with the envoy: the situation of farmers in the Kyaukphyu Special Economic Zone (SEZ); fishermen losing waters to oil tankers docking at Maday Island deep-sea port; unresolved problems of China National Petroleum Corporation (CNPC)'s oil pipeline, which starts in Kyaukphyu; and trust building between Muslim IDPs and Buddhists in Rakhine.

U Maung Hla, an IDP from Kyauktalone camp, located on the outskirts of Kyaukphyu, attended a meeting with Lee on Tuesday evening. He recalled telling the envoy about the possibility of relocating IDPs back to their original homes in downtown Kyaukphyu.

"We believe that we can live peacefully downtown because whenever we go shopping, our neighbors treat us kindly. I think we are ready to go back to our homes," said U Maung Hla.

He added that more was discussed in the meeting, including freedom of movement, delays to pink national ID cards—denoting full citizenship—IDPs struggling with years of unemployment, and the situations of healthcare and education for children.

Controversial monk U Wirathu, known for his incendiary racial and religious rhetoric, claimed his trip to northern Rakhine was not related to the UN envoy's visit to the area, adding that he would donate food to villagers.

According to local news site Narinjara, Dr. Aye Maung, chairman of the Arakan National Party (ANP), told reporters on July 10 that Lee would experience "huge protests" during her visit to Rakhine and the ANP would not meet her.

Lee is scheduled to visit Kachin and Shan states to submit a report on the human rights situation in Myanmar to the Human Rights Council in Geneva.

The post UN Envoy's Visit Incites Protests in Rakhine appeared first on The Irrawaddy.

Report: Refugee Returns Must Be Linked to Broader Land Reforms

Posted: 11 Jul 2017 10:45 PM PDT

Myanmar has around 1.1 million refugees and internally displaced persons, and a lack of clear policies for their future reinstatement in society carries risks of fresh conflicts, according to a policy briefing by a Dutch think tank.

More than 60 years of civil war, natural disasters, ethno-religious and other conflicts have produced a complex and still shifting pattern of human displacement in the country, largely but not only in the border areas.

When and if conditions change, it is unclear how Myanmar will handle the task of restoring people to viable lives and futures in their places of origin.

The question is perhaps most immediately relevant to the situation of around 100,000 mainly Karen refugees on the Thailand-Burma border.

As donor support dwindles and a fragile ceasefire is maintained in Karen State, pressure is rising for a refugee return, while adequate plans for a voluntary, rights-based return program are not evident.

Purely 'technical' approaches to return and restitution for displaced people will not work, the policy briefing by the Transnational Institute argues.

Such approaches carry strong risks of creating more conflicts due to competing claims over land, it says.

"Overlapping land claims may pit displaced people against government or military elites as well as wealthy business actors and companies. Some… may also pit displaced people against environmental conservation organizations….or against other marginalized and vulnerable peoples, creating the risk of inflaming intercommunity or inter-ethnic tensions,'' according to the briefing.

The risk of such additional conflicts means that the issue of the future of refugee and displaced must not be separated from wider discussions and policies over land use, the briefing argues.

However, Myanmar's land policies remain highly problematic.

"Even within the rule of law, there are contradictions between different regulatory systems (i.e. Government of Myanmar laws vs. the National Land Use Policy [NLUP] vs. Ethnic Armed Organization [EAO] policies) and their implications for responding to people's needs."

A key piece of national legislation – the 2012 Farmland Law – is unable in practice to protect farmers from land grabs by business interests supported by government officials, the authors argue.

In addition, the National Land Use Policy adopted in January 2016 by the previous government lacks formal legal status and is ineffective as long as the 2012 law remains in place, while the national status of land policies adopted by ethnic armed organizations such as the Karen National Union (KNU) remains unclear.

That deeply problematic overall land scenario means that although displaced people are especially affected by the issues, they are not the only ones, and their needs must be allied with and tied to broader national solutions, the paper argues.

It notes experiences in other countries that show "that it is vitally important to link displaced peoples' rights and claims with the democratic land rights and claims of other marginalized, vulnerable and poor people."

The paper concludes that the "worst case scenario for Myanmar today is any land or natural resource-related law, policy, program or initiative that would put the most marginalized and vulnerable people in competition with each other and make 'poor on poor' conflict more likely."

What is needed, it says, is an integrated, ground-up approach to the IDP land issue that links with ground-up people's initiatives to address wider land problems.

"In light of the deepening land polarization pushed by powerful forces, the key to any durable solution in Myanmar is linking return and restitution to wider, pro-people's 'right to land' democratization initiatives at the grassroots levels."

The Transnational Institute is a Netherlands-based think tank that has worked on policy issues in Myanmar for many years. The briefing titled "Re-Asserting Control: Voluntary Return, Restitution and the Right to Land for IDPs and Refugees in Myanmar" was funded by Sweden and the Swiss Agency for Development and Cooperation.

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Coal Plan Sparks ire as Myanmar Struggles to Keep Lights on

Posted: 11 Jul 2017 10:01 PM PDT

YANGON — Opposition to a planned US$3 billion coal-fired power plant in eastern Myanmar is highlighting the challenges facing Aung San Suu Kyi's government in crafting a coherent energy policy in one of Asia's poorest and most electricity-starved countries.

With only a third of the country's 60 million people connected to the grid and major cities experiencing blackouts, finding investors is tough for Myanmar and it is now looking at options, from coal to deep-sea gas, to boost its power supply.

Myanmar has reserves of natural gas, but most existing offshore production is exported under agreements struck during the junta era, while new blocks will not come on stream for some years.

Coal would be one of the quickest ways to ramp up power generation but, as protests against the proposed 1,280 megawatts (MW) project in the eastern Karen State show, the option is unpopular in Myanmar.

More than 100 activist groups across the country have signed a joint statement calling for the project to be cancelled and urging the government to look at renewable energy instead.

"They are worried about their land and water, which would be affected by the coal-fired plant," said Karen-based activist Nan Myint Aung, referring to residents in the area who mostly depend on agriculture.

Attracting investment is crucial for Suu Kyi, who has made job creation one of her top priorities. Foreign direct investment has fallen 30 percent from the previous year to $6.6 billion in 2016/17 due to sluggish progress on retooling the economy after decades of military rule.

Myanmar aims a more than fourfold increase in its electricity generation of over 23,500 MW by 2030 to meet rising demand, a target experts said will be difficult to achieve—particularly, they say, if policy remains confused.

Uncertainty Over Energy Mix

The Karen State project, which is still awaiting approval from the authorities, is among the 11 planned coal-fired plants in Myanmar and, by itself, would increase the country's current electricity production by 25 percent, official data shows.

But it is uncertain how many of those projects will go ahead. The former quasi-civilian government led by President Thein Sein had to stall more than 10 coal projects across the country due to opposition on environmental grounds.

Some western experts advising the government also oppose the solution, arguing that importing coal—which is not abundant in Myanmar—would mean an outflow of dollars from a country with tiny reserves of hard currency.

Officials have previously said they were looking to increase the share of hydro power in the country's energy mix.

Most of its 49 planned hydropower projects have stalled, however, amid a lengthy dispute with China over the building of the Myitsone mega dam.

An electricity master plan has been under review since last year, but the government has yet to reveal details. Several energy officials said the share of coal and gas could be increased at the expense of hydro.

"International investors would like to see more clarity on energy policy. It is presently very difficult to say exactly what Myanmar's energy plans are," said Jeremy Mullins, researcher at Yangon-based consulting firm Frontier Myanmar.

'Dilemma of Coal'

Karen's energy minister, Soe Hlaing, told Reuters that the government would go ahead with the project if there was "enough public support." He did not elaborate.

Residents and environmentalists say the risks the plant in Karen could pose to the environment and the livelihoods of local people are not being properly investigated.

A feasibility study on the environmental and social impact will be ready later this year before the final decision from the energy ministry, local authorities said.

Thailand-based TTCL Public Company Ltd, developer of the project, said it would build a high-efficiency low-emissions station with advanced "clean coal" technology to mitigate environmental impact.
Coal currently generates just 1 percent of Myanmar's electricity.

Win Htein, one of the top leaders from Suu Kyi's National League for Democracy, said alternatives such as hydropower would take time and coal was ideal for the country's urgent energy demand.

"If we have to choose between the dilemma of coal and the development of the country, we prioritize the development," he said.

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Cost of Trinkets: A Growing Archaeological Looting Network Between Thailand and Myanmar

Posted: 11 Jul 2017 07:46 PM PDT

Ancient jewelry, coins, and tiny ornaments for the mantelpiece may seem harmless when compared to a large bust or stolen sculpture, but the cumulative process to seek, loot, and put these materials on the market for consumers is much more destructive towards heritage than we often perceive.

Many sites across Southeast Asia are lined with holes that tell tales of looting, shared overnight when tourists gather in pubs and restaurants. As tourists and collectors laugh and display the trinkets they purchase off "a child in the village," a darker shadow lurks over heritage protection.

While Bagan is showing signs of this problem, one of the most refreshing sights when visiting early historical sites in Myanmar is the absence of widespread looting activities. When I last visited Thayekhittaya (Sri Ksetra), Bago, and several newly discovered urban sites in Mon State, I was always amazed by the extent to which communities were involved with protecting the sites. Local authorities informed me that there was some "organized" looting by certain groups hunting for gold and treasures, but villagers tended to leave the sites alone.

Myanmar is not exactly free of looting problems, but most of the time, only high profile cases receive media attention. Antiquities looting in modern Myanmar dates back to its colonial past, with many Buddha sculptures, coins, relics, and manuscripts ending up in Britain and Europe. Myanmar is a member of the 1970 Convention on the Means of Prohibiting and Preventing Illicit Import, Export, and Transfer of Ownership of Cultural Property but many of the country's antiquities still end up in high-profile auction houses, just like other Southeast Asian antiquities. National attention to research, preservation, and conservation is often diverted towards religious artefacts and sites associated with Bamar history, which highlights the centrality of Burmese-speaking people and statecraft as a main driver of national historiography. This highlights the narrative of Tirkuls or Pyu states, as well as Bagan and subsequent kingdoms.  Selective protection of a particular heritage over a more inclusive approach leaves a large part of the country's diverse archaeological heritage and artefacts in places such as Shan, Mon, Karen, Rakhine vulnerable to looting and trafficking.

Looting holes in Dawei. (Photo: Banchar Pongpanich)
Large soil clumps scooped out of looting holes for sieving. (Photo: Phacharaphorn Phanomvan)

While looting of bigger antiquities such as sculptures and inscriptions receives media attention, cumulative smaller scale looting is much more virulent and destructive in the long run. Local archaeologists in Thailand estimate that extensive small-scale lootings can destroy up to 80 percent of the archaeological and historical context. There is also the risk of destroying ancient structures that could be conserved for future heritage projects. Many ancient temple sites looted between the 1960s and 1970s in the Khorat Plateau (in Northeastern Thailand) collapsed and were dismantled by locals for construction materials.

The looting of beads is highly destructive, since the process often involves random testing of sites by digging different pits across large areas. Looting in this manner is highly destructive to historical landscapes, and can at times be dangerous for looters. The best time to find treasures is often during the rain or immediately after the rain. During the monsoon season, when heavy rains cause beads to surface, looting activity is at its highest. Looters, like miners, dig 'L' shaped pits to search for small artefacts along a certain depth. Looters would target areas near archaeological infrastructures that are poorly guarded, open agricultural fields where Iron Age burials can be found, and forest areas underneath trees (sometimes bamboo trees). Digging in these areas and at these times is dangerous, as both rain and tree coverage increase the risks of the ground collapsing on top of the digging looters.

Small-scale looters look for materials such as beads, metal jewelry, coins, and small religious amulets. They throw away materials such as iron and bronze tools, bones, and pottery. Beads in Southeast Asian sites are often related to late prehistoric to early historical sites. Indo-Pacific beads are sold by the bucketful across different local markets as well as in more prominent locations in Bangkok. Beads from Myanmar are increasingly becoming very popular on social media retail sites. Most Thai buyers seem to source primarily from Dawei and Tanintharyi (Tenasserim). There is a strong preference for beads that "match" those found in Thailand since they are easier to "authenticate." On the other hand, there is a slow but growing demand among Chinese buyers for particular types of beads only found in Myanmar.

Online information exchange with recommendations for literature references are widespread in bead trading networks. (Photo: Sources for screen captures have been anonymized for privacy and security reasons.)

Looting networks, particularly those operating online through social media and web blogs, are very knowledgeable. They carefully monitor the academic community for references to help authenticate materials and potential new looting sites. There are also discussions on how to "clean" objects. In addition, it is not uncommon for looters to forge artefacts such as beads, coins, or larger materials. Conversely, they also establish online communities to identify forgeries and forging techniques.

An example of Indo-Pacific glass beads labeled as "from Myanmar" sold on Thai social media sites. According to the seller's profile these beads were acquired from Tanintharyi and Dawei. (Photo: Anonymous)

Over the past six years, I have been following networks of small-scale looters in Thailand in person, and have monitored their online activities. In the past, Buddha sculptures and artefacts from Myanmar have turned up along the Thai borders in Chiang Rai, Tak, and Prachuab Khiri Khan provinces. Until recently, they were only of interest to a very niche group, and were not valued as highly as Thai or Cambodian antiquities in the market. However, with the recent growing interest in Myanmar and the simultaneous clampdown on dealings in Thai and Cambodian antiquities, materials from Myanmar are left susceptible to the black market. Whether the artefacts crossing the borders are genuine or not is a matter for the buyer's knowledge, but smaller scale goods such as beads and coins are increasingly appearing in Bangkok's flea markets and online retail communities.

Looters use sharp agricultural tools to dig for beads and marketable artefacts after identifying surface areas that have pottery and bead concentrations. Beads and coins often accompany body burials and pottery, which are destroyed during the looting process. (Photo: Phacharaphorn Phanomvan)

"Subsistence looting/digging," the act of looting to supplement a meager income, has been put forward as a reason to explain extensive looting in Southeast Asia. My experience of talking to looters I encountered on both sides of the border have revealed multiple socio-economic backgrounds.

In remote areas with little education and limited market access, beads and materials found in agricultural fields are sold at subsistence level. Looters from this group are usually more literate local laborers, teenagers and children. Older generations in these communities often refrain from looting due to their spiritual beliefs. Goods in this area are either purchased by a monopoly of buyers or tourists looking for materials. Many remote areas in Myanmar are still susceptible to subsistence looting problems.

The second group of looters can be described as a "regional network of collectors." Looters collect artefacts and loot by renting or monopolizing access to multiple sites. They have an elaborate system for exchanging information on price and authenticity. Online social media platforms have empowered this group of collectors, and have eased market access for new entrants with sufficient knowledge and money. One of the most well informed groups covers the area that stretches from Krabi Province in Thailand (Khlong Thom) to Surat Thani and across the border to Myanmar, to Dawei and up to Tanintharyi. They are usually willing to exchange limited information with academics and archaeologists.

The third group loots to fill seasonal unemployment. People in this group are often fishermen and agricultural laborers. Some are lucky enough to live in ancient settlements and will use their housing area or agricultural field as looting grounds. Others rent looting locations from landowners at day rates or pit rates, depending on the site's popularity. From my observations of this particular group's activity on social media, the increasing amount of professional networking between laborers in Thailand and Myanmar, particularly in the agricultural and fishery sectors, has led to a growing number of "backyard looting" trips to Myanmar.

Ancient beads and coins are not mere trinkets for collectors, but often hold a special spiritual value. Most collectors believe that beads from ancient sites contain special powers that will bring them fortune and protection. This is particularly tied to religious narratives, such as affiliation with sites known as ancient trade emporia or sites thought to have a close relationship to the arrival of Buddhism and Hinduism in Southeast Asia. Objects that are tied to locations with religious history and people from "blessed" locations and time periods are viewed by collectors as highly valued magical charms. Examples include areas around Mon State and the Isthmian Peninsula, where the semi-mythical country of "Suvarnabhumi" received Asoka's Buddhist missionaries. Artefacts associated with this period come from Iron Age and early historical sites in Thailand and Myanmar. Collectors are not only acquiring beads as works of art, but also physical links to people who lived during a religiously significant period in time. A sense of reverence over the "glorious past" exists among local collectors, who believe that people in the past possessed great spiritual powers and enchantment abilities which were transferred onto objects.

Moreover, ownership of beads such as Pumtek (elongated salicized etched bead), for example, displays wealth and position within Chin communities. This idea has been adopted by bead collectors, who advertize the spiritual and magical aspects of the artefacts. A collector with large and rare beads is considered to have a high level of "soul stuff" (an animist concept of supernatural prowess), which is mixed with the Theravada Buddhist idea of exhibiting barami (Pali: Parami for "characteristic perfections." People with more barami are believed to be closer to attaining enlightenment). Antique procurement is also a material display and measurement of the individual's punna or merit, which locals believe is reflected through the number of rare and precious items an individual possesses. It is interesting that beads from Myanmar are perceived to be more genuine and highly imbued with extra power because of Myanmar's close affinity to Buddhism.

A Thai Facebook advertisement for selling ancient beads, with some sourced from Myanmar. Part of the advertisement states that the beads "bring mental harmony and success, attract luck, ward off ghosts and evil, prevent harm from sharp objects or poisonous animals….Ancient people have imbued these glass beads with power from the universe, sun, and moon…" (Photo: Anonymous)

The primary concern is that, with growing trade and interactions, small-scale looting can become a serious problem for undiscovered heritage in Myanmar. While Thailand has a comprehensive database of archaeological sites across the country, a large part of Myanmar has yet to be surveyed and monitored. Even with extensive recording on the Thai side, the destruction of archaeological sites, notably of Iron Age and early historical settlements, has been detrimental.

The race to protect heritage is also a battle against poverty. Sites like Mrauk-U in Arakan State have been highlighted by Global Heritage Fund as highly endangered areas. While international organizations and some academics are now diverting efforts towards recording, monitoring, and empowering local initiatives to combat growing destruction of heritage, efforts and funding are not sufficient for the amount of heritage within the country and primarily concentrate on the main UNESCO sites like Bagan and Pyu cities. This leaves peripheral and border areas extremely vulnerable to looting, particularly those areas that are undergoing rapid modern development near Thailand. Little attention has been placed on the smuggling of small artefacts and beads, which is often viewed by authorities as "petty crime." In reality, illicit trade in artefacts across borders is usually part of larger archaeomafia networks that also smuggle drugs and weapons. Subsistence looters are not benefitting from sales of small artefacts since they often sell to intermediaries that retail materials at higher prices. Studies have shown that subsistence looting is neither an "equitable enterprise, nor is it a long-term solution to economic deprivation."

A heavy burden is placed upon governments of emerging economies to police looters and track down lost artefacts. These efforts would be better diverted toward addressing the demand side of the market, like sellers and collectors. At the same time, archaeologists should strive to develop an engagement approach with local communities and use heritage sites, even smaller ones, to develop alternative income and incentives. An increasing amount of grant funding for excavations now contains preferences for projects that can help develop local communities such as the Archaeological Institute of America (AIA) funding for initiatives in Latin America and Cambodia. The Myanmar Archaeological Association (MMA) has started working with communities in Bagan and Pyu sites to encourage public awareness and develop local cultural management organizations for planning and resisting looting among villagers. These local efforts will need more funding and capacity building to expand towards sites outside Burman historical attention.

Most archaeologists agree that urban development, agricultural practice, and looting have extensively destroyed Thailand's archaeological heritage. I write this in the hope that some efforts could be diverted towards containing "trinket" collection trends among the growing middle class that have led to a very widespread and destructive small-scale looting practice. However, in the long term, it is necessary to develop a further understanding of the effectiveness of law enforcement on small-scale looting. To minimize looting, communities need to be offered better alternative careers that can potentially involve heritage development.

Phacharaphorn Phanomvan is a D.Phil Candidate in Economic History at the University of Oxford. Her research is about ancient growth and trade in Myanmar and Southeast Asia. She is broadly interested in the roles of geography, technology, institutions, and heritage in long run growth and development.

This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

The post Cost of Trinkets: A Growing Archaeological Looting Network Between Thailand and Myanmar appeared first on The Irrawaddy.

National News

National News


Myanmar workers with pink cards told to get ‘ticket of leave’

Posted: 11 Jul 2017 01:39 PM PDT

Myanmar workers holding temporary work permits are being advised to seek approval from labour authorities before leaving their designated areas for nationality verification.

Mandalay farmers vow to continue protest

Posted: 11 Jul 2017 01:35 PM PDT

Farmers staging a sit-in protest in Aung Myay Tharzan township, Mandalay Region, in support of those who face criminal charges and whose farmland has been confiscated said they will not end their strike until government officials meet with them to discuss their problems, said protest leaders.

Hluttaw approves amendments to Special Commodity Tax Law

Posted: 11 Jul 2017 01:25 PM PDT

The Pyidaungsu Hluttaw on Tuesday passed the Amendment Bill of Special Commodity Tax Law aimed at improving revenue collection.

EU donates K2.3 billion to ‘Mora’ victims in Rakhine

Posted: 11 Jul 2017 01:18 PM PDT

The European Union (EU) has donated K2.3 billion (US$1.68 million) to help tens of thousands of victims of tropical cyclone 'Mora' in the northern part of Rakhine State, the union said in a statement.

Budget lodgings required for patients and attendants at Mandalay General

Posted: 11 Jul 2017 01:14 PM PDT

Land is an issue at Mandalay General Hospital, which needs to build budget lodgings for patients and staff, government officials told the regional Hluttaw on July 10.

Govt lukewarm to amending med student gender ratio

Posted: 11 Jul 2017 01:11 PM PDT

The government is not keen on amending the 50:50 male-female gender ratio for medical students in the country but would also like to maintain the higher lower mark imposed on medical entrance tests for female students compared with their male counterparts, said Ministry of Education's deputy minister U Win Maw Tun.

Myanmar’s working-age population can grow gradually

Posted: 11 Jul 2017 01:05 PM PDT

If a country has a substantial portion of working-age people it is an opportunity for the economic growth, which is called a "demographic bonus".

US diplomat calls on Myanmar to accept fact-finding mission

Posted: 11 Jul 2017 12:57 PM PDT

US Ambassador to the United Nations Nikki Haley has urged the Myanmar government to allow the fact-finding mission appointed by United Nations' Human Rights Council (UNHRC) to investigate alleged rights abuses by security personnel in northern Rakhine State in an attack last October.

After deadly crash, No. 55 bus line out, No. 90 in

Posted: 11 Jul 2017 12:56 PM PDT

After a deadly crash on July 7, the YBS No. 55 bus line has changed its number to 90, said U Kyi Sein, director of the Taikkyi Thar PPP company.

Shan Herald Agency for News

Shan Herald Agency for News


Air pollution from Hsipaw coalmine affecting health

Posted: 11 Jul 2017 10:56 PM PDT

Residents in the northern Shan State township of Hsipaw have been struck by respiratory ailments and other health issues, including 10 cases of tuberculosis (TB).

Photo by SHRF: coal mining site in Nam Ma area, Hsipaw Township, northern Shan State.
Many attribute the crisis to the Nam Ma coal mine, which, they say, has created severe air pollution over the past few years, according to a report released on Tuesday by the Shan Human Rights Foundation (SHRF).
Local villagers have raised concerns that the recent increase in TB cases is directly linked to years of breathing in dust and other pollutants from the mine, as well as a longstanding lack of accessible health care and disease control programs in the area, the report says.
"Ten villagers [eight men and two women] from five villages have been diagnosed as suffering from TB by Hsipaw Hospital, almost all since 2015," SHRF reported. "Half of the patients live in Na Koon village, next to the Na Koon coal mine, where digging has taken place since 2004 and expanded significantly since 2014."
A 70-year-old patient from Na Koon village explained to SHRF that he was diagnosed with TB in June 2015. His illness has caused a great financial burden, he said, as he works as a farmer, growing corn and cassia. He claimed that before becoming ill, his annual income from farming was 300,000 kyat (US$220), but due to ill health, he now earns only about 50,000 kyat a year.
"I have a corn farm about two acres in size, about 130 meters from the Na Koon coal mining site," he told SHRF. "Whenever I go to work at my farm, there is an awful smell from there. I can't even eat my meal there due to the awful smell."
Operations at the large-scale coal mine are contracted to Ngwe Yi Pale Co. Ltd, a subsidiary of the Ngwe Yi Pale group. The corporation is also one of the biggest manufacturers of sugar and cement in Burma. It oversees three mining sites in Shan State: Na Koon; Pieng Hsai and Parng Nga, all of which are in Hsipaw Township.

Photo by SHRF: coal mining site in Nam Ma area, Hsipaw Township, northern Shan State.
Protests by locals forced the closure of the Pieng Hsai mine in 2015. But operations continue unabated at the remaining two sites.

On June 29, Shan Heraldreported that more than 600 people in Nam Ma area staged a protest against the Ngwe Yi Pale firm, demanding a suspension of mining operations in the area.

"We want the company executives to understand the difficulties villagers are facing and cease their operations," said Sai Hor Hseng, a spokesperson for SHRF, speaking to Shan Herald on Tuesday. "We also urged the villagers to be aware of what is going to happen in their community. If they know in advance, they can come together to protest against it.

"The government has a responsibility to take care of its people because it was these people who elected it to represent them. Now people are suffering; the government must step in and solve these problems."

He added: "The government must suspend all mining activities in the country. Now is not the right time for these kinds of operations."

Some 1,500 people live in seven villages in Nam Ma tract, and almost all rely on farming as their main livelihood. Apart from air pollution, SHRF said, the local coal mine has had myriad negative effects on the local population, including losses of agricultural lands; the obstruction and contamination of water sources; and road accidents involving coal trucks.

By Shan Herald Agency for News (SHAN)

SSPP involvement in two ethnic umbrella organizations a dilemma or special arrangement?

Posted: 11 Jul 2017 08:59 AM PDT

Just as the Kachin Independence Organization (KIO) has been stuck in a dilemma on its choice to be either with the United Nationalities Federal Council (UNFC) or Federal Political Negotiation and Consultative Committee (FPNCC), also popularly known as Panghsang alliance, for a few weeks ago, but now already decided to be with the latter, many have been speculating that the Shan State Progress Party/Shan State Army (SSPP/SSA) might now be also in the same position as the KIO to either opt for one or the other of the said two ethnic umbrella armed organizations.

While the KIO did officially tendered its resignation and also got approval for its exit from the UNFC, during its second congress meeting from June 20 to 29, the SSPP has chosen to stay on, which creates a situation that it is involved in both the UNFC and FPNCC.

Let us look into it, if the SSPP is really in a dilemma of choice to which it wants to belong to or whether it has an unspoken consent, to act as member in both the ethnic umbrella organizations.

Background of SSPP/SSA

In order to be clear it is important to understand the formation or have the bird's eye view of Shan armed organizations. But first the name Shan State Army (SSA) that is being used by both the northern and southern Shan armies need to be explained.

SSPP/SSA is the northern Shan army and the Restoration Council of Shan State/Shan State Army (RCSS/SSA) is the southern Shan army.

SSPP/SSA has its headquarters in Wan Hai, Kehsi Township, northern Shan State, with itsoperational areas covering Namkham, Langkho, Hsipaw, Kyaukme, Monghsu, Tangyan,Mongyai, Kehsi, Lashio Township. It has an estimated strength of some8,000 soldiers.

It was born out of the original Shan resistance on May 21 1958. On April 25, 1960 the Shan StateIndependence Army (SSIA) was formed in Loi La, Mong Yawn, Kengtung state with HkunMaha as chairman and Sao Hso Hkarn as secretary general. On April 24, 1964 Shanresistance forces formed the Shan State Army (SSA) with Sao Nang Hearn Kham (Mahadeviof Yawnghwe) as chairman. In 1971, the Shan State Progress Party (SSPP) was establishedand its first congress was held on August 16, 1971. The SSPP signed a ceasefire agreementwith Myanmar government in 1989.

Due to the Burma Army's pressure to transform into Border Guard Force (BGF) in 2010, the SSPP/SSA brigade 3 and 7 were transformed into BGF in the following year but the strongest brigade 1 led by Lt. General Pang Fa rejuvenated the SSPP/SSA and refused to become BGF.

Even though it continued to honor the ceasefire agreement of 1989, the Burma Army harassed and attacked the SSPP/SSA on and off, in order to force it to either surrender or become a BGF like the others.

SSPP/SSA is also a member of theCommittee for Shan State Unity (CSSU) which is comprised of  the following organizations.

·        Shan State Joint Action Committee (a coalition of Shan Nationalities League for Democracy, Shan State Progress Party/Shan State Army, and Shan State Militia Force)
·        Shan Nationalities Democratic Party (SNDP)
·        Restoration Council of Shan State/ Shan State Army (RCSS/SSA)
·        Shan Community Based Organizations
·        Tai Youth Organization
·        Shan Lawyers Network
·        New Generation Shan State
·        Tai National Association Thailand
·         Eastern Shan State Development and Democratic Party (ESSDDP)
·        Tai Youth Network (TYN)

SSPP previously was involved in National Democratic Front (NDF) and Ethnic Nationalities' Council  (ENC), the two predecessor ethnic umbrella organizations of the UNFC.

SSPP's unique position

SSPP's controversial political position, in relation to its membership in UNFC and FPNCC, has been criticized among the keen Burma watchers, observers and also the stakeholders, which ranges from opinion like being a fence-sitter, opportunist to a smart tactician with political acumen.

According to one SSPP top functionary, who doesn't want to be named,  Sao Sai Htoo, top peace negotiator of the organization, is that there is no clause by either side – UNFC and FPNCC - which says that the SSPP should leave one to join the other. But there is a bit unclear political stance on whether if the SSPP joining of the northern group or FPNCC is a military expediency or a political alliance, as the United Wa State Army (UWSA) that leads the group has often insisted to be the latter.

The SSPP on the other hand seems to be saying that joining the UNFC is political, while involving in the FPNCC is for military purpose, to fend off the Burma Army offensives together as a necessity.

Geographically, the SSPP is located right in the middle, with the UWSA in the east, RCSS in the south and to the north, the Northern-Alliance – Burma (NA-B) made up of Ta'ang National Liberation Army (TNLA), Kachin Independence Army (KIA), Arakan Army (AA) and Myanmar National Democratic Alliance Army (MNDAA) or Kokang.

In addition, to its north, RCSS also has pockets of operational areas, which has led to occasional armed clashes between the TNLA and itself. The SSPP has last year offered its good office to be a mediator to end the armed conflict between the two, but so far nothing has been undertaken.

Analysis

SSPP doesn't seem to have the dilemma of KIO in having to choose one alliance group from the two. But has positioned itself to be a bridge between the two alliances, apart from projecting to become an ethnic nationalities political platform embracing the whole spectrum through UNFC's basic founding principles.

In addition to its basic commitment, the UNFC's eight-point amendment proposal for the NCA was, at an earlier stage, endorsed by the NA-B. And only after the formation of the Panghsang alliance or FPNCC had the NA-B members started to reject the NCA line of approach, arguing for a new game plan that is entirely different.

FPNCC advocacy was to stop the war nationwide first and enter the peace negotiation process within the agreed time-span, after which would the agreement become ineffective if negotiation failed to start within the appointed time-frame.

But following the 21st Century Panglong Conference (21CPC), held from
May 24 until 29, where the Panghsang alliance members were invited as special guests, due to the Chinese pressure on the Burmese government, but were not given fully fledged participation status, changed their demand from total rejection of the Nationwide Ceasefire Agreement (NCA) to the amendment of it so that they could also sign it and enter political dialogue as full negotiation members in the 21CPC.

However it is not clear if the FPNCC is ready to accept UNFC bargaining position that is based on its eight-point proposal that previously had been approved by the NA-B.

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)

Meanwhile, there has been no movement on whether the UNFC's Delegation for Political Negotiation (DPN) and government's Peace Commission (PC) would talk over and make decisions accordingly on the eight-point proposal. At the same time, government's PC overtures through the Chinese has not progress to the actual meeting, as the PC's insistence to meet the FPNCC members separately were duly rejected.

According to recent interview on July 8 with the media, the TNLAvice chairman Tar Jode Jar said: "During last month 14 (June) and 15 (June), they (the government's PC) told the Chinese that they wanted to meet us. We heard that U Thein Zaw initiated he proposal through the Chinese."

He added that since the last month rejection of all the members of the FPNCC to meet the government PC's proposed separate meeting in two groups, one with the NA-B and the other with the rest of three members, nothing has happened.

In sum, it could be said that the SSPP sees itself as a mediator and a bridge between the two non-signatory EAOs ethnic umbrella groups of UNFC and FPNCC, while through empowering the UNFC by its continued membership to promote the ethnic solidarity also with those who have already signed the NCA and are involved in the ongoing peace negotiation process with the government. Reportedly, it was said that the UNFC would hold an all ethnic conference, similar to the Mai Ja Yang and Law Khee Lah, where ethnic leadership meetings were held, to work out common policies in the ongoing struggle for the establishment of a genuine federal union.


Thus, it seems the SSPP's participation in both UNFC and FPNCC has the approval or consent of both the alliance groups, if not an agreed arrangement.