Wednesday, August 2, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine


Minister’s Abrupt Resignation Raises Questions

Posted: 02 Aug 2017 08:40 AM PDT

NAYPYITAW — The National League for Democracy (NLD) government announced the resignation of its electricity and energy minister U Pe Zin Tun on Wednesday, but the reasons for his departure remain unclear.

"He submitted the resignation of his own volition and he was allowed to do so," said President's Office spokesperson U Zaw Htay, declining to provide further details.

The government's official statement reiterated that the move was the minister's choice.

Unconfirmed reports state that U Pe Zin Tun's subordinates had filed a complaint about him to the Cabinet, citing his so-called "playboy lifestyle."

An official from the Ministry of Electricity and Energy spoke to The Irrawaddy on the condition of anonymity.

"Before he became a minister, he had some issues with his social life. Some people have found fault with it," he said, pointing out that U Pe Zin Tun was divorced and had not remarried.

However, he described the former minister as "an easygoing and generous man."

The current Minister of Construction, U Win Khaing, will take the helm of both ministries. A new deputy minister will be appointed to the energy sector, and the existing deputy minister, Dr. Tun Naing, will oversee the electricity sector, according to the official.

A deputy director general within the electricity and energy ministry told The Irrawaddy: "U Pe Zin Tun rarely went outside [for inspection tours]. He only sat in the office. As he didn't go outside, he could not demonstrate his performance."

He also alleged that the minister showed favoritism toward the staff in the energy section, and spent much of his time in their office, rather than that of the electricity section.

The two were separate ministries under the previous government and were only combined after the NLD came to power.

U Pe Zin Tun had taken medical leave until July 31, citing multiple health issues, said the deputy director general.

U Kyi Moe Naing, chairman of the Lower House's Electricity and Energy Development Committee told The Irrawaddy that he knew of the minister's sick leave, but that the resignation was a surprise.

"His position will be filled, and nothing much will change. Previously, it was mostly the deputy minister who came and explained the electricity issues [to the Parliament]."

Translated from Burmese by Thet Ko Ko

The post Minister's Abrupt Resignation Raises Questions appeared first on The Irrawaddy.

Activists Deem Amendments to Article 66(d) ‘Ineffective’

Posted: 02 Aug 2017 07:32 AM PDT

YANGON – The Upper House approved amendments to the controversial Telecommunication Law's Article 66(d) on Wednesday in a confidential vote after a heated debate over whether it should be repealed, left alone, or modified.

Votes were held for two proposals on Wednesday, one for full termination of the online defamation statute, and another, put forward by the Upper House Bill Committee, which recommended amendments.

National League for Democracy (NLD) Upper House MP U Tin Aung Tun was among those who proposed last week that articles 66(c) and (d) be fully dismantled, pointing out that the provisions in those statutes already exist in criminal law.

U Tin Aung's proposal was largely ignored by the legislature during Wednesday's vote. Of 193 legislators present, he told The Irrawaddy that 59 voted in support, 92 objected, 23 abstained, and 19 did not attend.

"Those who failed to vote were undutiful lawmakers," U Tin Aung Tun said. "They should have at least voted on whether they liked or disliked the proposal."

NLD Upper House lawmaker U Thein Swe told The Irrawaddy that some parliamentarians went for urgent committee meetings during the vote, leading to empty ballots.

The Irrawaddy could not independently verify whether these MPs were attending crucial committee meetings at the time of the decision.

The Upper House Bill Committee's proposal preserved Article 66(d) but requires prosecutions under the law to be conducted directly by the "defamed" individual, rather than by a third party, unless that party has been granted legal power by the individual. It also allows for bail to be granted to the defendant.

In the vote on the bill committee's amendments, of 192 eligible lawmakers, 153 voted in approval, 24 voted to reject it, four abstained, and 11 were absent.

Parliamentarian U Thein Swe said he believed the article should remain in place in order to regulate problems regarding defamation in the future, and was pleased that it was not dismantled.

"It should not be completely repealed at the moment," he said.

Activist Maung Saungkha—who was himself imprisoned in 2015 for allegedly defaming former President U Thein Sein with a poem—heads a research group on prosecutions under Article 66(d). He described the changes approved by the Upper House as "ineffective."

"In my opinion, they [the NLD] are looking on as injustices occur," he told The Irrawaddy.

He explained that he had hoped that the statute—which prescribes sentences of three years for those convicted of online defamation—would be reduced to two years, so that bail would be guaranteed in line with the Criminal Code of Conduct. The terminology in the amended article, he pointed out, says bail "can" be granted, so it will be allowed at the judge's discretion.

Additionally, Maung Saungkha foresees lawsuits continuing by third parties on behalf of a defamed individual, because the NLD MPs appeared keen to keep the allowance for a third party to sue as long as they have a "representative letter."

"Currently, some ministries are releasing official announcements with a signature of the deputy minister on behalf of Union ministers. Similarly, the third party can easily get a representative letter to prosecute someone in the future," he said.

A third party lawsuit should be an exception, he explained, granted only to those deemed unable to speak for themselves, or whose identity must be concealed to protect their safety or dignity.

Myanmar's Telecommunications Law was enacted by former President U Thein Sein's government in October 2013, theoretically to regulate telecommunications operators. But in practice, the law's Article 66(d) has been used to suppress political dissidents in a number of rapidly increasing defamation lawsuits in recent years.

The article states that whoever uses a "telecommunication network to extort, threaten, obstruct, defame, disturb inappropriately influence or intimidate," can be sentenced to a maximum of three years in prison, a fine, or both.

According to Maung Saungkha's research team, there have been a total of 81 cases put forward under Article 66(d), most of which have occurred since the NLD government came to power in 2016. Civil society organizations as well as media experts have long been vocal in their concerns over abuse of the law.

The post Activists Deem Amendments to Article 66(d) 'Ineffective' appeared first on The Irrawaddy.

Is Media Biased Against Ethnic Armed Organizations?

Posted: 02 Aug 2017 05:51 AM PDT

Myanmar is facing one of the world's longest ongoing civil wars with at least 21 ethnic armed organizations (EAOs) fighting for equality and regional autonomy for nearly seven decades. The successive governments in Myanmar have tried, but so far failed, to reach an agreement on how to resolve the conflict through peaceful political negotiation.

The latest attempt for peace, initiated by former president U Thein Sein and inherited by the democratically elected government, could be thought of as more far reaching. After more than five years of negotiations under the current Nationwide Ceasefire Agreement (NCA) peace process, most of the EAOs and the government together with the Tatmadaw agreed to work to establish a federal democratic union through negotiations. However, the NCA process still falls short of convincing the more powerful EAOs to come on board.

The inaccurate depiction by many media on the ethnic conflict, in most cases is unhelpful for the advancement of the peace process. In Myanmar, where the peace process involves a multitude of stakeholders, the role of the media and a need for precise, accurate reporting is imperative.

Both local and international media are portraying the ethnic armed organizations as firstly, being too demanding by reporting that they are fighting for "greater autonomy," as if they already have great autonomy, and secondly as being separatists, by reporting that they are engaging in "separatist conflicts."

In response to these two strands, it becomes important to ask: has the Myanmar government already given great (or some degree of) autonomy to the EAOs? Second, are the EAOs still demanding complete independence?

What is agreed in the NCA on autonomy and federalism? Article (1.a) of the NCA principles states that the parties agreed to establish a union based on the principles of democracy and federalism. But it is important to recognize that the NCA is only a roadmap to resolving the armed conflicts, it does not automatically grant autonomy and federalism. These developments would arise out of subsequent political dialogues. Therefore, it is unknown yet what degree of autonomy will be given to the regional governments and what type of federalism would eventuate.

Let's first look at the meaning of "autonomy", then examine if the EAOs actually have a great, or even some degree of autonomy, as the media suggests:

Leading dictionaries define autonomy as "the right of an organization, country, or region to be independent and govern itself" (Cambridge Dictionary); "Freedom from external control or influence; independence" (Oxford Dictionary); "legally entrenched power of communities to exercise public policy functions of a legislative, executive and/or judicial type independently of other sources of authority in the state, but subject to the overall legal order of the state" (Princeton Encyclopedia of Self-Determination).

Scholars define autonomy as a special arrangement between the center and one or two regions of a country where the center and regional government(s) share legislative power [Papagianni, 2006, p-52]; "free choice of one's own acts or states without external compulsion" [Finaud, (2009, p-9)]; "political independence of the organization when it comes to making its own decisions" [Jean d'Aspremont (2011, p-63)]; and "means of internal power–sharing aimed at preserving the cultural and ethnic character of a region or people, and providing regional democratic self–government" [Stothart, (2014, p-5)].

Evidently, 'autonomy' means the exclusive executive, legislative, and judicial power prescribed in law over matters concerning a sub-national region. While concurrent power is jointly exercised with the central authority, the autonomous authority must be able to exercise the prescribed exclusive power without interference. In this context, are there any states or divisions enjoying autonomy in Myanmar?

Many point to the United Wa State Army (UWSA) as an example of an EAO having autonomy in its controlled areas. The question is: Does the government recognize the autonomy of the UWSA? Is the autonomy legally and politically guaranteed? Is there any court the UWSA can turn to if its autonomy is questioned? Many would agree that the UWSA enjoys the current degree of autonomy because of its military might. This reasoning is reflected in the Tatmadaw's ongoing military campaigns against the Kachin Independence Army/ Organization (KIA/KIO). The KIA/KIO is often cited as another example of a group having some degree of autonomy over its controlled territories. During the last six years of war, that started in June 2011, the KIA has lost significant territorial control. What happened to its autonomy?

The point is, whatever degree of autonomy the EAOs currently have cannot be interpreted as enjoying any autonomy because it is not guaranteed legally nor politically. Genuine autonomy needs to be sustainable. In this context, the EAOs have no autonomy.

What about the legitimate State and Division governments created under the 2008 Constitution? Is there any state, division and self-administered zone or region in Myanmar which is given autonomy with exclusive power on (some) matters concerned with the territory? The rights on matters listed in the Schedule Two in the Constitution are seemingly the power of the regional authorities, which is to be exercised in accordance with the prescribed procedures. It is unclear whether the rights listed in Schedule Two are indeed the exclusive rights of the regional authorities. What is clear is that until now there is no law prescribing procedures to implement them. There are no state and division constitutions. Moreover, the states and divisions cannot even elect their chief ministers.

The State and Division governments are allowed to collect taxes on various matters within their jurisdictions but the tax revenue must be deposited to the Union Fund according to [Article 231 (a)] of the Constitution. It means that the regional governments have no financial resources at their disposal for the development of their constituencies. In other words, the regional governments can do nothing without the approval from the Union Government.

In her interview with The Irrawaddy in March 2017, Dr. Lei Lei Maw, (Chief Minister of Tenasserim Division) said that the regional government has no right to keep the revenue collected from the region concerned. The Chief Minister believes that if the regional government is allowed to keep a certain percentage of the revenue, it would allow the regional government to address some of the local needs.

The short answer to whether or not the regional governments have autonomy is that the 2008 Constitution does not even contain the word "autonomy." Therefore, the EAOs are still fighting for autonomy and federalism.

However, mainstream media and some institutional reports alike suggest that the EAOs already have great or some degree of autonomy by reporting that they are fighting for "greater autonomy." [See, for example, Amnesty International; BBC News; New York TimesDissent Magazine; Reuters; Time;DVB; Al Jazeera; Mizzima; The Diplomat.] The New York Times article goes on to say that "Their [the KIA] aim is to maintain autonomy." This reporting implies that the government has already given a great, or some, degree of autonomy to the EAOs, but they are not satisfied and want more.

In the absence of actual autonomy, such reporting thus risks being intentionally or unintentionally interpreted by the audience or readership as the government being reasonable whereas the EAOs are not. Such interpretation would give undue credit to the government but damages the reputation of the EAOs and smears their legitimate demand.

Secondly, are the EAOs really separatists? Even though none of the EAOs are demanding independence, it is very unfortunate that the media still portrays them as "separatists" by reporting them being engaged in "separatist conflicts". For example, the New York Times, The Christian Science Monitor, Nikkei Asian ReviewThe Hindu Business LineSouth East Asia GLOBE, and OilPrice.com all report that the EAOs are engaging in "separatist conflicts". This kind of reporting only reinforces the narrative of the Myanmar government (or perhaps the Tatmadaw), given it has always portrayed the EAOs as separatists.

The cited articles and journals here are not the only ones that report that the EAOs are fighting for "greater autonomy" and are "separatists". The authors and reporters may or may not have the intention to suggest the EAOs being too demanding and being separatists. However, their choice of words in these cited works certainly can be interpreted as biased against the EAOs because they misrepresent the narrative of the EAOs and discredit them. On the other hand, they give undue credit to the Myanmar government and subtly reinforce the narrative of both the government and the Tatmadaw.

The correct reporting should be that the EAOs are fighting for equality, and federal political and military structures. In principle, the EAOs are not calling for separation from the Union, rather, they want to lessen the domination of the Bamar (one of the country's ethnic groups, that makes up the majority of the population) in the administration of their regions. And ideally, they want to have a federal army, where members of ethnic communities are given equal rights. This conflict by nature is also not based on a territorial dispute, but a fight for equality under a political system acceptable for all ethnic people in Myanmar.

Yaw Bawm Mangshang is an independent observer based in Yangon. He earned an MA in Law and Diplomacy from The Fletcher School, Tufts University. This article originally appeared in Tea Circle, a forum hosted at Oxford University for emerging research and perspectives on Burma/Myanmar.

The post Is Media Biased Against Ethnic Armed Organizations? appeared first on The Irrawaddy.

Investigation Into Missing Magwe Public Funds Continues

Posted: 02 Aug 2017 05:29 AM PDT

YANGON — The Magwe Region chief minister has said that the regional auditor-general's office is examining the use of 4 billion kyats (US$2.9 million) of a missing 7.459 billion kyats ($5.5 million) in regional development funds, to find out whether it was really allocated for development projects.

The money was made up of tax revenue collected from small-scale crude oil producers and earmarked for regional development projects under the previous government, but it turned out to have disappeared during the term of the former chief minister U Phone Maw Shwe.

It was found out that 1.7 billion kyats were spent on the former ruling Union Solidarity and Development Party (USDP) and 1.57 billion kyats were designated for the lending firm Shwe Thukha, while the remaining 4.189 billion kyats was said to have been used for local development projects.

Dr. Aung Moe Nyo, the Magwe Region chief minister, told The Irrawaddy on Tuesday that the ex-chief minister returned 3.27 billion kyats—the money used on the USDP and Shwe Thukha—starting from May this year, after he had been asked to pay back the embezzled funds by the end of July.

"He gave back the remaining 570 million kyats on Monday," the chief minister said, but the Union-level auditor-general instructed the divisional auditor-general's office to continue to investigate the use of the 4.189 billion kyats which it had been claimed were allocated for development.

The embezzlement investigation was launched after Lower House lawmaker U Tun Tun of Magwe's Pwintbyu Township asked the Parliament about the missing regional development funds.

U Tun Tun said he was surprised to find out that the actual missing funds totaled around 7.5 billion kyats, when at first, it was alleged that 2.8 billion kyats had been embezzled.

"I am happy, as we got back the missing public funds which should have been used for development projects," he said.

"If it was used really for regional development, it would have built new schools, dispensaries, roads and provided electricity for some areas," U Tun Tun said.

Chief minister Dr. Aung Moe Nyo said they haven't yet decided how the returned 3.27 billion kyats will be used, as the budget for this fiscal year has already been approved.

"We might use it when we need a bigger budget for repairing roads or for regional development projects. But all will be in accordance with the regulations and with the approval of the Union government," he explained.

He said the regional government had also levied 3,000 kyats per barrel of crude oil from small-scale producers starting from June 2016. It has collected about 2 billion kyats, some of which is allocated toward buying necessary vehicles for the repair of the roads in the region.

The lending firm Shwe Thukha loaned the money to those close to them with interest, U Tun Tun Tun said. But the interest that they had collected was not included in the return.

"Some were even saying that they would embezzle public funds, collect the interest that they get from loaning it or from putting it in banks, and then return it when it was found out," U Tun Tun said.

The lawmaker urged other states and division to dig into similar accusations of embezzlement, even if they are not able to take legal action because of the government's policy of "no retrospection," but that they could at least get their public funds back.

The post Investigation Into Missing Magwe Public Funds Continues appeared first on The Irrawaddy.

Delta Township Reports Third H1N1 Case

Posted: 02 Aug 2017 04:05 AM PDT

NYAUNGDON, Irrawaddy Region — A three-year-old boy has become the third person in Nyaungdon Township, Irrawaddy Region, to contract H1N1 influenza.

The boy, who is from a ward just outside the township, was admitted to the local hospital at 6:30 p.m. on July 28. After being diagnosed with H1N1 flu symptoms, he was transferred to Yangon Children's Hospital.

"He had breathing problems and a high fever, so he was transferred to the children's hospital in Yangon," U Maung Maung, spokesperson of Nyaungdon Hospital, told The Irrawaddy. "Then the hospital informed us that the boy had contracted H1N1 flu."

The township health department educated the boy's family and neighbors on the disease on Tuesday and put them under medical observation, said U Maung Maung.

He said out of the other two cases in the Irrawaddy Delta township, one was a headmistress of a school in Moe Ma Kha village who died of the virus and another person is receiving treatment in Yangon, but declined to give further details.

The recent outbreak of the disease has claimed 12 confirmed deaths countrywide as of August 1.

Lower House lawmakers discussed the proposal of Union Solidarity and Development Party (USDP) MP U Thein Htun last Friday urging the government to boost awareness of the disease in public places.

The proposal failed, however, with 146 voting in favor, 231 against, and four abstaining.

Dr. San Shwe Win, chairman of the Lower House Health and Sports Development Committee, told the Parliament that the ministry is "carrying out its duties with complete accountability and responsibility and without pressure from any agency." He added that its actions should be recorded.

Cases of H1N1—known as swine flu—have also been recorded in the Irrawaddy Region townships of Pathein, Pyapon, Dedaye, Pantanaw and Kyonpyaw. Irrawaddy capital Pathein has had six infections—the highest rate of the region, followed by Nyaungdon.

Thirteen H1N1 cases were recorded in the region in July, and six of them were fatal, according to the regional government.

"We still don't know how the flu has transmitted to people in Nyaungdon, but we immediately go to places where the patients were found, and check if there are more people feeling sick. We have made arrangements so that the people in neighborhood [where the patient is from] can receive medical treatment immediately once they feel sick," said U Maung Maung.

H1N1 flu symptoms are the same as seasonal flu, including coughing, fever, sore throat, stuffy or runny nose, muscle pains, headache, chills, fatigue and breathing problems.

The health ministry has encouraged people to wear masks and wash their hands frequently, cover mouths when coughing and sneezing, and avoid crowded places.

Translated from Burmese by Thet Ko Ko.

The post Delta Township Reports Third H1N1 Case appeared first on The Irrawaddy.

Military Sues Taungoo Student Union Members

Posted: 01 Aug 2017 09:51 PM PDT

MANDALAY – The Myanmar Army filed a lawsuit against two former members of the Student Union of Taungoo, Bago Region, on Tuesday, accusing them of inciting unrest.

One of the accused, Ko Aung Htet, was arrested and is being held at a detention center for the Taungoo Township court. A warrant is out for the arrest of Ko Victor, the second individual implicated in the case, who is currently traveling and is expected to turn himself in to the police upon his return to Taungoo.

Ko Aung Htet told The Irrawaddy that he and Ko Victor have been sued by a lieutenant colonel in the Tatmadaw's Southern Command for their traditional Burmese Thangyat songs, which they composed and sang with the group Kaytu Oh-Way during the Thingyan water festival in Taungoo in April. The group's songs advocate for the amendment of the military-drafted 2008 Constitution.

"The court informed me that I needed to show up and I was arrested right away. They are going to charge us with incitement," said Ko Aung Htet over the phone, before he was sent to prison.

The two former members of the Student Union are facing charges under Article 505(b) of the Penal Code, which outlines punishments for those with "intent to cause fear or alarm […] to the public" or "induce" others to commit crimes against the state or which "disrupt public tranquility."

The crime is punishable by a maximum of two years' imprisonment, a fine, or both. Article 505(b) does not allow for bail to be granted to the defendants.

"They said we are using the graphic picture of the Constitution in flames on our parade car and on our shirts, and that five lines in our Thangyat songs pertain to the stability of political situation," said Ko Aung Htet.

"However, most of the lyrics they presented in filing the lawsuit are not our lyrics," he added. "I don't think they liked a line in our lyrics which said, 'the Student Union will not agree with the [2008] Constitution until it is amended.'"

The next court hearing for the detained activists is set for August 15.

The post Military Sues Taungoo Student Union Members appeared first on The Irrawaddy.

Troop Withdrawal Crucial for Peace in Myanmar

Posted: 01 Aug 2017 09:12 PM PDT

The Tatmadaw—Myanmar's armed forces—should withdraw its bases from ethnic regions where its presence continues to be linked to human rights violations and resource grabbing. Troop withdrawal is not to be equated with political dialogue, or the lofty goal of federalism, or a new Panglong Agreement. It is simply a basic practicality: by removing occupying Tatmadaw troops, you remove the source of conflict.

As has been seen in northern Rakhine State—where security forces' "clearance operations" in late 2016 included reported rape, murder and torture—when the Tatmadaw pursues military campaigns or economic venture in ethnic regions, the abuse of civilians inevitably occurs. The recent viral video of soldiers kicking and beating Ta'ang captives in Shan State in 2015 revealed one incident among a myriad of well-documented and severe human rights violations by the military. When these troops systematically treat ethnic people as subhuman, they prove they are capable of making any conflict worse.

The Tatmadaw, which retains significant political power in Myanmar's partially elected government, has long had economic incentives to entrench itself in resource-rich ethnic areas, from the extraction of jade and timber to the construction of petroleum pipelines. Long-running conflict in those regions has been used to justify the military's bloated numbers, creating the perceived need for more than 300,000 troops and a US$2.1 billion budget, as of the 2017-2018 fiscal year.

Yet the Tatmadaw's Commander-in-Chief, Snr-Gen Min Aung Hlaing, in a speech opening the 21st Century Panglong Conference in August 2016, lectured ethnic representatives that "clinging to armed struggle" was "contrary to democracy."

It is time that the senior general apply this same logic to the state's own vast military machine. Likewise, his counterparts in the civilian government should not shy away from advocating for troop withdrawal. While political and economic solutions to Myanmar's conflict have been the worthy focus of negotiations, the practical step of Tatmadaw troop withdrawal must be brought to the forefront as a crucial demand by ethnic armed groups and civil society organizations.

An Occupation

It seems counterproductive for State Counselor Daw Aung San Suu Kyi and Snr-Gen Min Aung Hlaing to preside over 21st Century Panglong conferences when such peace negotiations have no chance of success as long as Tatmadaw presence continues in areas in which it is unwelcome.

As was seen in 2011 with the breakdown of the 17-year ceasefire between the Kachin Independence Organization (KIO) and the Tatmadaw, lasting peace cannot result from agreements that leave occupying bases in place and with the potential to expand their reach.

Therefore, it is especially urgent that the Tatmadaw withdraw its forward bases from Kachin State. The ongoing war in the region has driven more than 100,000 civilians from their homes, and thousands of Tatmadaw soldiers have reportedly died. It is arguably the Myanmar government's own version of the Vietnam War, in which air power and invasion cannot overcome guerrilla fighters on their own terrain.

The American farmer and poet Wendell Berry once wrote, "people exploit what they have merely concluded to be of value, but they defend what they love." The KIO struggle is a war of defense, while the Tatmadaw is fighting a war of occupation.

The KIO has shown that it is able to provide social services in its territory; even under wartime conditions, health care, education and a civil court system are maintained, and the KIO's small-to-medium scale hydropower projects have provided electricity to the Kachin capital of Myitkyina. The KIO has secured and administered its own border with China for decades with considerable diplomacy, and has demonstrated itself to be responsive to input from civil society.

With this in mind, self-governance can be considered viable for the Kachin people. After all, to the east of Kachin State, the United Wa State Army (UWSA) is allocated an autonomous region without notable interference or military occupation by Myanmar's government.

Aggressively Forward Posture

In southeast Myanmar, the Karen National Union (KNU) is observing a ceasefire but Tatmadaw bases have remained in place. In "Ceasefires, Governance, and Development: The Karen National Union in Times of Change," a December 2016 report for The Asia Foundation, writer Kim Joliffe observed: "While the Tatmadaw has retreated from governance, it has retained an aggressively forward posture and has strengthened its facilities and infrastructure significantly."

Karens representing civil society and the KNU have recently insisted on Tatmadaw troop withdrawal in order to guarantee the safe return of internally displaced persons (IDPs) and refugees.

An October 2016 Karen Human Rights Group report, "Ongoing Militarisation in Southeast Myanmar" quoted a village leader, Saw B.: "If the Tatmadaw stay near us, the villagers have to be afraid of them… Therefore, we want the international community to help us and advocate for us so that the Tatmadaw's camp will be withdrawn."

IDPs at Ei Tu Hta settlement in Papun District of Karen State protested military occupation in May. An IDP, Naw Hsa Gay, stated, "I fled from home because of their abuses and I dare not go back. I want Burma Army troops to move out completely from our areas and burn their bases. Only then, will we dare to return."

Former Vice Chairperson of the KNU Padoh Naw Zipporah Sein told The Irrawaddy in April, "My biggest concern is the Burma Army. It should withdraw its troops from the KNU territories, especially areas near civilians' homes."

Troop withdrawal, she pointed out, is something that she had advocated for since 2012, and which they believed would be carried out after the KNU signed the 2015 nationwide ceasefire agreement (NCA). More than a year later, she commented, "no one mentions it."

Demands for Tatmadaw troop withdrawal from other ethnic areas are increasing. In Karenni State, a June statement by the Karenni Civil Society Network made clear their "calls to the Burmese government to start withdrawing Burma Army troops from Karenni State and close down the No.14 military training centre in order to build trust in the peace process."

Few of the Myanmar armed forces' current bases in ethnic regions are located on international borders; most are in areas endowed with minerals, timber, plantation land, or petroleum transport routes. Tatmadaw troops are positioned there to assert control of those resources, which often involves committing violence against local people. The stationing of Tatmadaw troops in ethnic regions is expensive, exploitive and has caused immense harm to generations of civilians. If Myanmar is to progress toward a peaceful and just society, this military occupation must end.

Edith Mirante is founder of Project Maje (distributing information on Burma since 1986) and author of "The Wind in the Bamboo: Journeys in Search of Asia’s 'Negrito' Indigenous Peoples."

The post Troop Withdrawal Crucial for Peace in Myanmar appeared first on The Irrawaddy.

Ten Things to do in Yangon This Week (Aug. 1 – Aug. 7)

Posted: 01 Aug 2017 07:51 PM PDT

Reggae Night | Aug. 2

Reggae Night music festival featuring singer Saw Po Khwar starts at Vintage Luxury Yacht Hotel. Reggae lovers can attend free of charge.

Aug. 2, 7:30 pm, Vintage Luxury Yacht Hotel. Free admission.

Commemoration for Late Writer Taryar Min Wai | Aug. 5

The commemoration of the tenth anniversary of the death of writer Taryar Min Wai is scheduled at the Yangon Book Plaza in Lanmadaw Township on Saturday. Literary talks and poem recitations in remembrance of the late writer will be held. A book on Taryar Min Wai will also be distributed at the event.

Aug. 5, 1:30 pm, Yangon Book Plaza, Lanmadaw Township.

Friday in Black: Myay Pae Yo Concert | Aug. 4

A concert by the Myay Pae Yo band—with vocals by actor Min Maw Kun—is scheduled at Yangon Yangon Bar in the Sakura Tower on Friday. The band will perform new songs as well as old hits. The dress code is black.

Aug. 4, 8:00 pm until late, Yangon Yangon Bar, rooftop of Sakura Tower, 339 Bogyoke Aung San Road, Kyauktada Township. Tickets: 10,000 kyats, including a glass of beer.

Melia Love Story Wedding Fair | Aug. 5 – 6

Melia Love Story Wedding Fair will showcase wedding accessories, hair and makeup, and bridal fashion. It will be held at the Melia Hotel on Saturday and Sunday. Artists and models will participate in the event, which also includes lucky draws.

Aug. 5 – 6, 10:00 am – 6:00 pm, Melia Hotel Ballroom. RSVP Thu Thu Aung at +95 996461184 or email thuthu.aung@melia.com

S8it Art Exhibition | Aug. 4 – 8

This art exhibition, featuring the work of eight artists, is open to the public at the Bo Aung Kyaw Gallery on Bo Aung Kyaw Street in Kyauktada Township for five days, beginning Friday.

Aug. 4 – 8, Bo Aung Kyaw Gallery, No. 287/289 (First Floor), Bo Aung Kyaw Street, Kyauktada Township.

 

Lethwei Match | Aug. 6

A traditional lethwei bareknuckle fight between Myanmar's Soe Lin Oo and Polish Muay Thai boxer Artur Saladiak kicks off at Theinphyu Sports Stadium at 2:00 pm on Sunday.

Aug. 6, 2:00 pm, Theinphyu Stadium. Tickets range from 10,000 to 30,000 kyats and are available at 09 764006920.

 

 Bago Artists 2017 Art Exhibition | Aug. 2 – 6

Bago Artists 2017, an art exhibition featuring the work of artists from Bago Region using various forms of media, is open to the public at the gallery of the Painting and Sculpture Association (Central) at Bogyoke Market from Tuesday until Sunday.

Aug. 2 – 6, Painting and Sculpture Association, Bogyoke Market.

 

Seikkuchocho Bookhouse Anniversary Sale | Aug. 1 – 13

The 18th Anniversary of the Seikkuchocho (Sweet Ideas) Bookhouse is being held in Annawa Prayer Hall on Kyartawya Street at the eastern stairway of the Shwedagon Pagoda from Aug. 1 until Aug. 13. Books will be sold at special discounted prices, and gifts will be offered.

Aug. 1 – 13, Annawa Prayer Hall, Kyartawya Street.

Monsoon Myanmar Arts and Crafts Exhibition | July 19 – Sept. 30

The monsoon season arts exhibition, featuring works by artists, sculptors and craftsmen of lacquerware is being held at the Waterboom in Shukhinthar (Pleasant Scenery) in Dawbon Township through the end of September. Paintings, sculptures, lacquerware and assorted handicrafts are on sale at the event.

July 19 – Sept. 30, Waterboom, Dawbon Township.

 

 Traditional Variety Show | Aug. 4 – 5

The rainy season weekly traditional variety shows of Tin Maung San Min Win and Min Shwe Yaung Tin are scheduled at 7:00 pm on Friday and Saturday every week at Myaw Sin Island.

Aug. 4 – 5. Myaw Sin Island, Kandawgyi. Tickets are available at 09-7922866370.

The post Ten Things to do in Yangon This Week (Aug. 1 – Aug. 7) appeared first on The Irrawaddy.

National News

National News


Legislators want more changes to Farmland Law

Posted: 01 Aug 2017 02:20 PM PDT

Members of Parliament want more changes to the Farmland Law amendments bill submitted by the Union Minister for Agriculture, Livestock and Irrigation last week.

Parts of Pyi Min Thar Monastery restored

Posted: 01 Aug 2017 02:16 PM PDT

The conservation work on portions of the 178-year-old Pyi Min Thar Monastery in Mandalay has been completed, said Dr Zar Chi Minn, a leader of the Myanmar Architectural Heritage Organization.

MP calls for quick delivery of rice and fuel to Tanai

Posted: 01 Aug 2017 02:05 PM PDT

A Tanai MP urged authorities to allow the immediate delivery of rice and machine oil to the township in Kachin State, which is facing difficulties in accessing the two commodities but a senior Tatmadaw official said there is no shortage of grain and fuel in the area.

Traditional clay pot toys festival more popular

Posted: 01 Aug 2017 01:58 PM PDT

While many people were frustrated over the suspension of the Taung Pyone Festival in Mandalay, the traditional clay pots and toys festival in Oh Bo ward was busy on July 31.

Rights commission to inspect IDP camps next week

Posted: 01 Aug 2017 01:52 PM PDT

The Myanmar Human Rights Commission will inspect Internally Displaced Persons (IDP) camps next week, according to MHRC vice-chair U Sit Myaing.

Karen groups say no relocation without political guarantee

Posted: 01 Aug 2017 01:47 PM PDT

In the absence of political guarantees and true peace in Kayin State, humanitarian assistance to an Internally Displaced Persons camp in Hpapun township should not be discontinued and repatriation and relocation should not be hastened, according to a statement by 11 Karen organisations and the Karen National Union.

Demolition of house suspected mosque to be probed

Posted: 01 Aug 2017 01:24 PM PDT

The Mandalay government will form a team to investigate the demolition of a two-storey building in Kyaukpadaung township on suspicion of being a mosque, a regional official said.

Union to appeal expulsion of student over Facebook postings

Posted: 01 Aug 2017 01:21 PM PDT

The Chin Student Union of Myanmar will appeal the expulsion of a college student over postings in his Facebook account criticizing the military and the government.

Missing funds from hand-dug wells recovered

Posted: 01 Aug 2017 01:12 PM PDT

All the funds from a tax on hand-dug oil wells that were embezzled in Magwe Region have been recovered, Chief Minister Dr Aung Moe Nyo told reporters on July 31.

Shan Herald Agency for News

Shan Herald Agency for News


Secession, Federalism and Decentralization

Posted: 01 Aug 2017 08:41 PM PDT

The second session of the 21st Century Panglong Peace Conference ended with the revival of the word 'secession' a word that people have long been taboo. The conference reached agreements on 37 points, 12 of which are about politics. The government declared that these agreements are a historic breakthrough, but Major General Gun Maw from the Kachin Independence Organisation, posted via Facebook on 19 May 2017 that it was audacious that they [the government] had declared the success of the conference while there were no representatives elected by respective ethnic minorities.


Even if the agreements are a historic breakthrough, there is still no clear or tentative timeline to fulfill the agreement. In other words, we do not know exactly when the agreements will be implemented, how long it will take to be a federal union and whether the agreements will truly be implemented or not?

To quicken the peace process and utilize existing momentum, we should avoid potential barriers and contentious words such as 'secession', DDR - Disarmament, Demobilization, and Disintegration and non-inclusiveness. Instead, we need to find possible solutions to quicken the peace process and arrive at a genuine federal union.  History teaches us a bitter lesson when the word 'secession' comes up.

The Historically bitter lesson of Secession

The 1947 Burmese constitution clearly stated that state [s] could secede from the union after ten years (Article 201 of Chapter 10). If two-thirds of members of the State Council voted for secession followed by the state's citizenry in a referendum arranged by a referendum commission assigned by the president, state [s] can secede from the central government.

On 4 January 1948, Burma gained independence from Britain through the Panglong Agreement which Genral Aung San and ethnic leaders signed to build a federal union on the principle of equal politcal rights.  After the first election in 1952, U Nu became the first prime minister of Burma and swept into political power. U Nu undermined not only the Panglong Agreement but also other religions as he promoted Buddhism as a state religion. Thus some ethnic minorites such as the Kachin, who are Christians, turned to insurgencies to claim fundamental political rights.

Ten years later, when the time had come for secession according to the constitution, in 1962, General Ne Win who was in charge of armed forces ousted U Nu in a military coup. He then established the "Burma Socialist Program Party" and declared the ideology of the country as the "Burmese Way to Socialism". He took political power and controlled every sector of the administration, judiciary and legislation. His justification for the military coup was that he saved the country from the brink of fragmentation. However, it was obvious that the military coup was motivated by the possibility of secession. Thus, the hope of secession - along with the rights they sought through it - for ethnic minorities have been doomed ever since.

Secession has been a problematic and unacceptable word to every successive military regime. The recent debate over secession highlights how this word turns to disagreement. Thus, we should avoid this contentious issue in future negotiations and instead find possible solutions to pave the way to a federal union.

Federal Discourse

After the fading hope of secession, ethnic minorities started pushing for Ne Win's government to build a federal union. Ne Win strongly rejected their aspirations as he believed that Federalism was impossible, and would destroy the existing union. Since then successive military regimes went so far as to avoid even the use of the word "Federalism".

Decades later, the word "Federalism" was revived by the government under President Thein Sein. After several meetings between the government's Union Peacemaking Work Committee [UPWC] and the Nationwide Ceasefire Coordination Team [NCCT] set up by 16 armed ethnic groups to negotiate a cease-fire deal with the government, the government finally agreed to establish a federal system in the country in August 2014.  Since then people including Aung San Suu Kyi have reiterated federalism as a concept to strive for a political solution.

In the first session of the 21st Century Panglong Peace Conference held from 31 August to 3 September 2016, the United Nationalities Federal Council (UNCF) read their proposal in which they described the future federal union. However, the Conference reached no tangible results and instead brought about further political problems. For example, due to the Lisu National Development Party (LNDP) retracting its demand for a Lisu self-administered zone, many Kachin particularly Rawang, Laovo, Lachid, and Ngawchang tribes were disappointed with the LNDP's claim and protested in Putao and Chipwi towns. In other words, these claims resulted in political grievances among people.

On 15 October 2016, the government announced the 'Seven Steps Roadmap' for national reconciliation and union peace. One of the seven steps – to build a democratic federal union in accordance with the results of the multi-party democracy general elections – emphasizes the road to federalism.

In June, 2017, State Counselor Aung San Suu Kyi toured Canada to learn about federalism. According to AFP, she said"I am happy to be here, particularly to study the federalism of Canada because it is where we are trying to go. We are trying to build up a democratic federal union."

Although the word 'federalism' is getting familiar to power-holders, policymakers and grassroots organizations, it has not yet come to pass.  Good government is not possible in Burma with its large populations and vast territories without federalism.  It is at this critical juncture that we must answer the questions: "What kind of federalism should Burma create?" "Should it be ethnic-based or state-based federalism?" "Should it be symmetric or asymmetric federal system?" "How many languages should be official?  "Should the education and tax system be standardized?" "What is the central government's exclusive jurisdiction over and what is the states'?" To answer these questions and build a federal union, we need time and cannot address them overnight.

Not plausible, but preferable: Decentralization

While preparing for a federal union, we should not forget about decentralization of power throughout Burma to embark on the path to federalism. No one can deny that federalism is a better solution. However, why does decentralization matter here?  My concern, alongside many perhaps, is that decentralization should be quickly applied to distribute powers to states and regions.

It can help to solve the incumbent political problems. We have to have fiscal decentralization - who should spend, where and how much - and political decentralization. For example, chief ministers should be elected by own states. If we decentralize fiscal and political powers, we could gradually experience the concept of federalism since people have never experienced federalism and need a strong understanding of federal principles.

In early May 2017, the government acknowledged the right to self-determination for the state and allowed them to draft state constitutions. This should be welcomed by everyone as the first step towards a federal union. However, no one knows how long the federalism path will take though many people, particularly ethnic minorities, have put concerted efforts to quicken the process.

Meanwhile, decentralization cannot be underestimated and it may be a linchpin step towards a federal union.

By  Joe Kumbun