Wednesday, October 25, 2017

The Irrawaddy Magazine

The Irrawaddy Magazine

What has Parliament Done so far?

Posted: 25 Oct 2017 08:00 AM PDT

YANGON — Over the past one year and eight months, the Union Parliament has passed 46 laws—including the revocation of some oppressive legalization targeting political dissidents and amendments to a few controversial statutes. Lawmakers are set to discuss 29 new bills in the current parliamentary session.

Current Session

According to the Parliament's Joint Bill Committee, 29 bills will be debated during the current parliamentary session, which reconvened on Oct. 17.

The bills cover areas such as early child care and development; anti-hate speech; intellectual property rights on trademark, copyright, patent and industrial design; and amendments to the 2012 Vacant, Fallow and Virgin lands Management Law as well as the 1993 Narcotic Drugs and Psychotropic Substances Law. The 1993 Child Law will also be revised.

Under the amendments of the 24-year-old narcotics law, drug users will no longer be punished with long-term imprisonment and the focus will instead be on ensuring an effective treatment plan and rehabilitation. It was approved in the Upper House and remains to be discussed in the Lower House.

The long awaited Prevention and Protection of Violence against Women Bill is also expected to submitted during the ongoing parliamentary session.

Significant Laws

State Protection Law

Soon after the new National League for Democracy (NLD)-dominated parliament convened on Feb. 1, 2016, a new bill that rescinded the 1975 State Protection Law, also known as the "Law to Safeguard the State Against the Dangers of Those Desiring to Cause Subversive Acts," was approved.

Enacted during the country's socialist era, the law was used to oppress political activists who disagreed with the government.

Junta-era Emergency Act

The 1950 Emergency Provisions Act was also widely used to jail individual political dissidents under the successive military administrations until it was revoked in Oct. 2016.

"As a significant thing over the period, the NLD Parliament quickly revoked the laws which had long been used to suppress political activists," said Ko Htin Kyaw Aye, a research director of Open Myanmar Initiative, a think-tank and research center monitoring Parliament.

During ex-president U Thein Sein's administration, the then leading opposition party NLD proposed scrapping the oppressive laws, but the move failed as the chamber was under the wider influence of the military-backed Union Solidarity and Development Party (USDP) majority at the time.

But there are some laws that failed to meet the expectation of rights' groups and draft bills that have taken too long to arrive in Parliament, such as the bill tackling violence against women, said Ko Htin Kyaw Aye.

Telecoms Law

Despite calls to terminate Article 66(d) of the 2013 Telecommunications Law, a notorious clause that critics say curbs free speech, the provision will remain in place under the proposed amendments. Article 66(d) has been used in recent years to prosecute and jail individuals—including media members—for "online defamation."

Under the amendments, the maximum prison terms will be lowered from three to two years, a move that will guarantee bail.

The amending bill was passed in Aug, 2017. It banned third parties from filing cases, welcomed as a move to reduce the cases opened under the law.

Protest Law

The government replaced the country's flawed Peaceful Assembly and Procession Law enacted in 2012 under the previous administration and long used to imprison activists.

Overnight Guest Registration

Parliament passed a bill abolishing provisions of the country's Ward or Village Tract Administration Law which required citizens to report overnight guests to authorities. Under the military regime and the previous government, the provision was used to hunt down political activists.

Privacy and Security of Citizens

A new law to protect citizens' privacy, security and freedom from state surveillance and intrusion was enacted in March, 2017.

Under previous military and military-backed governments, political dissidents, student activists, and journalists routinely had their phones tapped and their movements closely followed by both Special Branch and Military Intelligence officers.

The law prohibits unwarranted household arrests and inspections, and surveillance of individuals and their private communication in a manner that harms their privacy or dignity, barring the approval of the President or Union ministers.

New Law for Over 60s

According to a UNFPA census report, the number of people aged 60 and over is projected to grow from 4.5 million to 13 million by 2050—20 percent of the population.

To protect the rights and well being of the elderly, senior citizens bill was passed in December, 2016. The law also carries a maximum two years prison sentence for abusing the elderly.

NLD Parliament vs USDP Parliament

The previous parliament passed and amended more than 100 laws, Ko Htin Kyaw Aye of Open Myanmar Initiative said.

"If we took comparison over the same period between the previous and current parliament, there is not much difference yet. But they need to speed up on more important laws as currently there are only 46 laws [enacted under the current government]," he said.

National League for Democracy (NLD) party leader Aung San Suu Kyi attends Myanmar’s first Parliament meeting after the November 8 general elections, at the Lower House of Parliament in Naypyitaw November 16, 2015. (Soe Zeya Tun/Reuters)

Under the previous government headed by the ex-military generals, most of the laws focused on investment, economics and administration matters, he said.

"The bills will depend on what reforms the administration will focus on. The NLD had the political will to revoke the oppressive laws against the political dissidents even before they were sworn in. That's why they did it soon after Parliament opened," he said.

The most significant aspect of the NLD administration, he said, is that it has legislated to protect citizens' rights, such as the enactment of a new law protecting privacy and security of citizens and the amendment to the telecoms law in response to rights' groups and media campaigns.

"It seems they have the political objective to increase the citizens' rights in general," added Ko Htin Kyaw Aye.

The Legal Affairs and Special Cases Assessment Commission headed by previous parliamentary speaker U Shwe Mann has recommended to Parliament 201 laws to be enacted, abolished or amended.

About 50 percent of the 46 enacted laws so far came from that list, said Ko Htin Kyaw Aye, adding that he expects more will come from the list.

"But it is questionable whether they'll all be done in the remaining three years."

The post What has Parliament Done so far? appeared first on The Irrawaddy.

Govt, Ethnic Armed Organizations Review NCA Implementation

Posted: 25 Oct 2017 05:26 AM PDT

The government, Myanmar Army and eight ethnic armed groups who have signed the nationwide ceasefire agreement (NCA) started their first joint review of NCA implementation in a three-day meeting which began in Yangon on Wednesday.

The meeting aimed to review how far the negotiation process has reached and what changes are necessary to be able to move forward with the implementation of the NCA process.

Lt-Gen Yar Pyae, a member of the National Reconciliation and Peace Centre (NRPC) and head of the Joint-ceasefire Monitoring Committee (JMC), said in his opening speech to the meeting on Wednesday "whether the momentum of our negotiation process is falling or stalling, we have to talk over it thoroughly."

He said the need to "continue the negotiation process" began two years ago after the NCA was first signed.

NCA signatories have since formed ceasefire implementation structures on political and military affairs: the Union Peace Dialogue Joint Committee (UPDJC) and the JMC.

U Tun Tun Oo, the Union Attorney General and a member of the NRPC, said in his opening speech that the process has been implemented in accordance with the NCA roadmap but agreed that detailed negotiations need to be carried out for each chapter of the NCA text.

U Tun Tun Oo has been involved in the peace process since its inception, having previously held the role of deputy attorney general.

The joint review on more effective implementation of the NCA came after the NCA-signatories—eight ethnic armed organizations (EAOs)—leaders had separate meetings with the State Counselor Daw Aung San Suu Kyi and the Myanmar Army chief Sen-Gen Min Aung Hlaing on Oct. 16, a day after the second anniversary of signing NCA, in Naypyitaw.

U Than Khe, a head of the EAOs' joint review on NCA implementation, said the negotiators want the peace process to be stronger and thus holding a review on the implementation of the NCA was necessary.

According to U Than Khe, despite three union peace conferences held since 2016, a comprehensive framework for political dialogue has not yet been completed.

There were ongoing discussions for a flexible political dialogue framework before each of the peace conferences convened. In addition, some of the terms of references for implementing the NCA principles are still needed to be drafted, he said.

"Thus we realized that there are some obstacles in the implementation of the NCA, and therefore, we have come together to find solutions to overcome these," said U Than Khe.

The joint review will be shared with the Joint-ceasefire Implementation Committee Meeting, the highest authority in the peace building process, he added.

The post Govt, Ethnic Armed Organizations Review NCA Implementation appeared first on The Irrawaddy.

UNFC Edges Closer to Signing NCA, Military Issues Still Unresolved

Posted: 25 Oct 2017 05:03 AM PDT

The latest peace talks between the government's peace commission and ethnic bloc the United Nationalities Federal Council (UNFC) concluded this week with an agreement in principle of the UNFC's eight-point proposal to signing the nationwide ceasefire agreement (NCA).

The seventh round of peace talks—which took place in Yangon on Monday and Tuesday—had been "thoroughly" conducted with only military-related affairs left to discuss, according to spokespersons from both parties.

Despite this latest successful meeting and four of the eight points of the UNFC proposal being agreed in August, the numerous formal and informal discussions over the last 16 months have not yet led to the signing of the NCA.

Government spokesperson U Zaw Htay said remaining discussions—which focus on troop deployment and demarcation of territory—will continue on Nov. 8.

UNFC delegation spokesperson Nai Ong Ma-Nge said much of the necessary discussions had been completed and that only details such as codes of conducts and terms of references for the effectiveness of the NCA implementation were left to be established.
"We hope that if we can finalize discussions on Nov. 8, we would be able to sign the NCA," he said.

Discussions of military affairs required military representatives from the UNFC, said U Zaw Htay.

He added, "The key sensitive issue is the military affairs and we have to pay close attention to it. We have to be very careful even with NCA signatories. The situation could revert back to armed conflict at any time. Thus, the UNFC has been thoroughly discussing on it."

The government negotiators represented the Tatmadaw, the civilian government, and parliament and were led by U Thein Zaw, accompanied by military representatives Lt-Gen Yar Pyae and Lt-Gen Min Naung who are also members of the National Reconciliation and Peace Center (NRPC).

The UNFC's Delegation for Political Negotiation (DPN) was led by Khu Oo Reh who is the vice chair of the UNFC which is comprised of the Karenni National Progressive Party (KNPP), the New Mon State Party (NMSP), the Arakan National Council (ANC) and Lahu Democratic Union (LDU).

Also present at the meeting were observers from three groups who have signed the NCA already.

U Zaw Htay reiterated that the door was open for peace talks with every ethnic armed organization based in the north and northeast of the country.

He said, however, the government will only meet groups individually as the government does not recognize seven-member Federal Political Negotiations and Consultative Committee (FPNCC) formed in April and led by the United Wa State Army which reject the NCA approach to peace.

Even though the two sides are yet to sign an agreement, U Zaw Htay said they have reached to a common understanding through more open and thorough negotiations from step by step which is a key to move forward.

International representatives and peace NGOs are supporting the peace process and building trust between the Tatmadaw, the government and ethnic armed groups.

According to sources close to the peace process, a mixed delegation of the government, the Tatmadaw and both NCA signatory and non-signatory ethnic armed organizations will join a trip to Colombia to study the country's peace process organized by the peace NGO Inter Mediate at the end of October and early November.

The post UNFC Edges Closer to Signing NCA, Military Issues Still Unresolved appeared first on The Irrawaddy.

Parliament Approves Emergency Development and Security Budget for Troubled Northern Rakhine

Posted: 25 Oct 2017 03:59 AM PDT

NAYPYITAW —The Myanmar's Union Parliament has approved the release of four billion kyats from Union emergency funds to be spent on electricity supply, security and development of three townships in northern Rakhine State.

On Tuesday, Parliament approved the proposal of electricity and energy deputy minister Dr. Tun Naing to build three power stations and install 65 miles of power cables to provide 24-hr electricity to Rathedaung, Buthidaung and Maungdaw townships.

According to the ministry's press conference earlier this month, tender was invited for the electrification of rural villages in those three townships.

Upon completion of the project, over 27,000 households in 43 villages in Rathedaung, Buthidaung and Maungdaw townships—which currently only have partial access to electricity from diesel generators—will be connected to national gird.

As of December 2014, 11 townships—Sittwe, Ponnagyun, MraukU, Kyauktaw, Kyaukphyu, Ann, Ramree, Thandwe, Ngapali, Taungup, Ma-Ei—and 144 adjacent villages were connected to the national grid, according to the deputy minister.

U Aung Thuang Shwe, a lawmaker in the Lower House from Rakhine State, said road conditions must be improved first before anything else.

"I don't think we'll get electricity soon because roads are still in poor conditions here. So, it is impossible to build a power station immediately. Anyway, budget has been allocated, and we'll wait and see how properly the budget is spent," he said.

According to U Aung Thaung Shwe, urban wards and some villages in Buthidaung, Rathedaung and Maungdaw townships previously had electricity for 3.5 hours a day, and are having electricity from 7 p.m. to 4 a.m. daily now since the outbreak of violence on Aug. 25.

"It is good that villages will get electricity because even urban wards now only have electricity for a limited period of time," said Ashin Nayaka, the abbot of Shwekyin Monastery in Buthidaung Township.

The post Parliament Approves Emergency Development and Security Budget for Troubled Northern Rakhine appeared first on The Irrawaddy.

Myanmar-Bangladesh Meeting Fails to Reach Repatriation Agreement

Posted: 25 Oct 2017 12:10 AM PDT

Naypyitaw — Myanmar and Bangladesh on Tuesday agreed to cooperate to restore stability in restive Rakhine State but failed to reach an agreement over the repatriation of refugees.

"Bangladesh wants to repatriate as soon as possible. But we will go step by step and form a joint working group for repatriation," U Kyaw Zeya, permanent secretary of Myanmar's foreign affairs ministry, told reporters after the meeting.

About 600,000 self-identifying Rohingya Muslims have fled Myanmar since Aug. 25, when insurgent attacks on police outposts in Rakhine State's Maungdaw Township prompted clearance operations by the Myanmar Army.

Myanmar's home affairs minister lieutenant general Kyaw Swe and his Bangladeshi counterpart Asaduzzaman Khan met in the administrative capital on Tuesday, agreeing to halt the mass exodus of refugees to Bangladesh, and restore normalcy in Rakhine State in order to make repatriation possible.

"We are however yet to rebuild infrastructure and draw up resettlement plans to accept them back. These works are being handled by state leaders themselves, and so it is difficult to predict [when they will be complete]," said U Tint Myint, permanent secretary of the home affairs ministry.

Union minister for the State Counselor's Office U Kyaw Tint Swe, during his meeting with Bangladeshi foreign minister Abdul Hassan Mahmood Ali in Bangladesh's Dhaka in October, discussed principles agreed by the two countries in 1993 regarding repatriation, and Bangladesh made a proposal, according to U Zaw Htay, spokesperson of the President's Office.

The cabinet meeting has discussed the proposal, and submitted the decision to State Counselor Daw Aung San Suu Kyi, U Zaw Htay told the reporters last week.

He said he hoped there would be a final discussion on the proposal during the visit of the Bangladeshi home affairs minister.

However, at Tuesday's meeting, the two countries only signed two agreements covering security and border cooperation, but not on the repatriation of refugees.

The meeting mainly focused on opening liaison offices, cooperation in counter-terrorism and combating drug trafficking, exchange of information, and holding regular meetings and ensuring rule of law at the border, according to attendees.

"We didn't discuss plans for refugees. What we discussed is repatriation— to verify and accept back those who have settled in Myanmar and fled to Bangladesh after violence," said police Brig-Gen Aung Htay Myint of the cross-border crime department.

There is a huge gap regarding the numbers of people who fled to Bangladesh between the ground survey of Rakhine State government and UN statistics, according to the President's Office.

At Tuesday's meeting, Myanmar also handed over a list of suspects reportedly involved in the attacks who fled to Bangladesh and requested the authorities there to investigate and return them to Myanmar.

"The Bangladeshi home affairs minister said that his country has never and will not accept any unlawful organization, insurgents and terrorists on its soil," said U Tin Myint.

Translated from Burmese by Thet Ko Ko.

The post Myanmar-Bangladesh Meeting Fails to Reach Repatriation Agreement appeared first on The Irrawaddy.

US Weighs Calling Myanmar’s Self-Identifying Rohingya Crisis ‘Ethnic Cleansing’

Posted: 24 Oct 2017 10:02 PM PDT

WASHINGTON, United States — The State Department is considering formally declaring the crackdown on Myanmar's self-identifying Rohingya Muslims to be ethnic cleansing, US officials said on Tuesday, as lawmakers called for sanctions against the Southeast Asian country's military.

Pressure has mounted for a tougher US response to the self-identifying Rohingya crisis ahead of President Donald Trump's maiden visit to Asia next month when he will attend a summit of Southeast Asian countries, including Myanmar, in Manila.

US officials are preparing a recommendation for Secretary of State Rex Tillerson that would define the military-led campaign against the self-identifying Rohingya as ethnic cleansing, which could spur new sanctions, the US government sources said.

The proposal—part of an overall review of Myanmar policy—could be sent to Tillerson as early as this week, and he would then decide whether to adopt it, according to the officials, who spoke on condition of anonymity.

More than 600,000 self-identifying Rohingya Muslims have fled Rakhine State in Buddhist-majority Myanmar, mostly to neighboring Bangladesh, since security forces responded to self-identifying Rohingya militants' attacks on Aug. 25 by launching a crackdown.

The United Nations has already denounced it as a classic example of ethnic cleansing.

Three US officials testifying at a Senate hearing on Tuesday declined to say whether the treatment of the self-identifying Rohingya was ethnic cleansing, but listed new measures including targeted sanctions that Washington is considering.

Those steps, however, stopped short of the most drastic tools at Washington's disposal such as reimposing broader economic sanctions suspended under the Obama administration.

"I'm not in a position … to characterize it today, but to me this very closely resembles some of the worst kind of atrocities that I've seen during a long career," Deputy Assistant Secretary of State Mark Storella said when pressed to say whether he viewed the situation as ethnic cleansing.

Senator Ben Cardin, the ranking Democrat on the Foreign Affairs Committee, said he considered the treatment of the self-identifying Rohingya "genocide" and is working on bipartisan legislation that could spell out whether additional sanctions are needed.

Myanmar, also known as Burma, insists that action was needed to combat "terrorists."

The recommendation to Tillerson—first reported by the Associated Press—is not expected to include a determination on whether "crimes against humanity" have been committed, as this would require further legal deliberations, one US official said.

The State Department did not immediately respond to a request for comment.

Some US lawmakers criticized Aung San Suu Kyi, head of Myanmar's civilian-led government and a Nobel peace laureate once hugely popular in Washington, for failing to do more.

Senator Bob Corker, Republican chairman of the committee, chided Suu Kyi for what he called "dismissiveness" toward the plight of the self-identifying Rohingya and said it might be time for a "policy adjustment" toward Myanmar.

At the hearing, Patrick Murphy, Deputy Assistant Secretary of State for East Asian And Pacific Affairs, said additional sanctions were being considered, but cautioned that doing so could lessen Washington's ability to influence Myanmar.

The post US Weighs Calling Myanmar's Self-Identifying Rohingya Crisis 'Ethnic Cleansing' appeared first on The Irrawaddy.
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