Tuesday, July 31, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

President Calls for Justice to Be Done in Killing of Comedian

Posted: 31 Jul 2018 07:15 AM PDT

YANGON — President U Win Myint has called for a full investigation into the killing of Facebook comedian Aung Yell Htwe, a day after the case — which had been controversially dropped by Yangon officials — was ordered reopened amid a public outcry.

President's Office Spokesperson U Zaw Htay said the president met with Union Chief Justice U Htun Htun Oo, Union Attorney General U Tun Tun Oo and Anti-Corruption Commission head U Aung Kyi on Tuesday morning at the Presidential Palace in Naypyitaw.

The president told the three to investigate the reasons for the dropping of the case and to see that justice was served in accordance with the law, U Zaw Htay wrote on his official Facebook page.

Lawyers who joined the condemnation of the release of the three murder suspects without any charges being filed said that under the Anti-Corruption Law, the approval of the court that is hearing the case and the Yangon attorney general's office were required to continue the investigation.

Amid the initial outpouring of public criticism, President U Win Myint expressed concern about the case during a meeting with Yangon Region administrative, legislative and judicial officials at the Government Office on Sunday.

On Monday, President's Office Spokesperson U Zaw Htay said President U Win Myint and State Counselor Daw Aung San Suu Kyi had questioned officials involved in the Aung Yell Htwe case regarding the decision to drop it.

U Zaw Htay said it had been learned that Yangon Region Attorney General's Office approved a request from the victim's family to drop the case. The office is led by Yangon Region Attorney General U Han Htoo.

According to leaked court documents that went viral online, the region attorney general's office stated there was no solid evidence that the three suspects kicked and beat the victim, inflicting fatal head injuries. Thus, the office approved the dropping of the case, as there were insufficient grounds to continue.

The court papers also stated that according to two brothers of Aung Yell Htwe, who served as the plaintiffs in the case, and his parents, the victim had heart disease and the incident was accidental, occurring during a party.

In light of the state leaders' intervention, the Union Attorney General's Office on Monday ordered the Yangon Region attorney general to annul the court-accepted decision to drop the case and to continue with the investigation at the Yangon Regional Court.

The post President Calls for Justice to Be Done in Killing of Comedian appeared first on The Irrawaddy.

Latest Floods Highlight Limits of Govt’s Risk Management Efforts

Posted: 31 Jul 2018 07:06 AM PDT

YANGON — Since 2017, the government has been working through a water-related risk management plan with technical support from Japan.

Despite the work it has been doing dredging riverbeds and widening waterways in line with that plan, however, heavy rains have nonetheless inundated much of Bago and Tanintharyi regions and Karen State this past week.

More than 140,000 people have been affected across a total of seven states and regions so far. Experts and residents in those areas fear there will be more if water levels keep rising.

The monsoon rains hit Myanmar every year, each time forcing tens to hundreds of thousands of people from their homes and wiping out their crops. In 2015, the worst year in the past decade, they affected 9 million people across most of the country, displacing 1.7 million of them and destroying 15,000 homes. More than 340,000 hectares of farmland were destroyed.

The government and local volunteers have been providing this year’s victims with emergency relief including food, healthcare and shelter.

But collaboration between government ministries, civil society groups, the police and public will be key to fully realizing the government’s management plan, said Daw Khin Ni Ni Thein, an adviser to Myanmar’s National Water Resource Committee (NWRC). She said authorities were working on all parts of the plan but added that success "depends on the support and collaboration" of all parties and cautioned that it would take time.

"While we are developing the platform to cope with the causes [of natural disasters], we cannot prevent natural disasters; these disasters come and the government is dealing with them," she told The Irrawaddy.

Daw Khin Ni Ni Thein said Myanmar still had to learn more about weather forecasting and to run more drills on responding to unforeseen natural disasters. To that end, the NWRC is building a Hydro Information Center and conducting training courses. It has run four courses to date with 57 graduates.

Daw Khin Ni Ni Thein said the latest flooding has given those graduates a chance to practice what they have learned. "It is something good out of a bad situation," she said.

In Bago, no stranger to flooding, the Sittaung and Bago rivers have swelled to their highest levels in more than 50 years.

U Nyunt Shwe, Bago Region's finance and planning minister, told The Irrawaddy recently that the bed of the Bago River has been rising due to sediment buildup and needed to be dredged.

Studies of the Bago and Irrawaddy rivers are underway, but as yet there are no studies of either the Thanlwin or Sittaung rivers, among the country’s largest.

U Win Haling, director of waterway conservation at the Directorate of Water Resources and Improvement of River Systems (DWIR), said at least eight main factors were contributing to the flooding in Bago.

He said the government was dredging the Bago River, widening narrow sections and building dykes to prevent the collapse of riverbanks. But he added that many factors were working against them, including deforestation, groundwater depletion, the disruption of regular weather patterns due to climate change, low embankments and the lack of infrastructure such as water storage tanks and water pumps.

The director said the DWIR also does a lot of work on the Irrawaddy River and its tributaries but lacks data on the Thanlwin and does less work there because it sees less commercial traffic.

The post Latest Floods Highlight Limits of Govt’s Risk Management Efforts appeared first on The Irrawaddy.

Central Bank Chief’s Reappointment a Setback for Reform, Critics Say

Posted: 31 Jul 2018 06:33 AM PDT

YANGON — Members of the business community and lawmakers expressed disappointment with the Union Parliament's approval of another term for Central Bank of Myanmar Governor U Kyaw Kyaw Maung on Tuesday, saying the veteran banker has failed to implement financial sector reforms or address foreign-exchange volatility under the National League for Democracy-led government.

Union President U Win Myint submitted U Kyaw Kyaw Maung's nomination to the Parliament last Thursday. He was approved to serve another five-year term on Tuesday.

This is his second stint as central bank chief. From 1997, he held the post for a decade during a period of economic decline under the military junta. He retired in 2007 but the previous U Thein Sein government reappointed him in 2013 when the central bank was made independent from the Finance Ministry. The business community and experts were disappointed when State Counselor Daw Aung San Suu Kyi's government decided to keep him in the position in 2016.

"He is experienced in the banking sector but he has not driven through the much-needed reforms," said U Than Lwin, a senior adviser at Kanbawzaw Bank Ltd. and former deputy governor of the central bank.

"The financial sector is the engine of the country's economy. If the central bank is well led, the economy will definitely accelerate. But now we [have lost] 10 years," he said.

U Kyaw Kyaw Maung, 79, is one of the senior-most officials from the military junta's regime continuing to serve under the NLD-led government. He was held over in part because the government wanted to maintain some stability in leadership roles as it took office.

Economic reform is a key goal for Daw Aung San Suu Kyi's government as it steers Myanmar's democratic transition after almost six decades of isolation under military dictatorship.

Echoing a sentiment expressed by a number of experts, U Than Lwin said the reappointment of U Kyaw Kyaw Maung reflects the lack of candidates in the country with sufficient experience to serve as governor of the central bank.

Members of the business community complained that the financial sector was not being reformed properly because all aspects of the reform process were controlled by people at the top. Moreover, the governor continually engaged in "stunts" to demonstrate his strong role, while the country faces exchange rate instability that had led to inflation and trade deficits that hurt the country's economy.

"This is nothing personal. Everybody longs for a new face. We had hoped that new people would mean new policies. But we are faced with the status quo," said U Maung Maung Lay, vice chairman of the Republic of the Union of Myanmar Federation of Chambers of Commerce and Industry.

"The NLD government missed a chance to improve the country's economy. We want a person who will be more independent and focus more on banking sector reform," he said.

Lawmakers also told the media they were disappointed by the president's decision and expressed concern that it would make it difficult for the NLD-led government to improve the country's economy during the rest of its term.

Lawmaker U Aung Kyaw Oo said he did not agree with the decision, as the NLD government needs a person who can implement genuine reform. He said reform was needed to improve bank facilities, relax rules on foreign banks and enable long-term low-interest loans for local businesses.

He said U Kyaw Kyaw Maung was typical of the officials that comprised what he described as the oldest government in the world. He pointed out that the government had recently appointed a number of senior officials who were more than 75 years old.

According to the Central Bank Law 2013, the central bank governor must be appointed by the president with the consent of the Union Parliament. Any lawmaker opposed to the nomination can submit a letter stating the reasons for their objection before an agreed deadline. However, the nomination was approved by the Union Parliament.

In reality, however, there is no way for lawmakers to object to the decision, which was made at a high level of the NLD-led government.

Lawmaker Daw Khin San Hlaing also disagreed with the nomination, saying she had also hoped to see a new face in the governor's office, one who could implement reform effectively for the rest of the NLD government's term.

"When people yearn for change, the government must listen — but they didn't. This is the fate of our country," U Than Lwin said.

The post Central Bank Chief's Reappointment a Setback for Reform, Critics Say appeared first on The Irrawaddy.

‘Stronger’ Consumer Protection Law Submitted to Lower House

Posted: 31 Jul 2018 02:14 AM PDT

NAYPYITAW — The Commerce Ministry on Monday submitted a bill to the Lower House amending the Consumer Protection Law.

"We've studied guidelines and laws on consumer protection in ASEAN countries, and designed a new law that is appropriate for our country," Deputy Commerce Minister U Aung Htoo said.

The existing law, which was enacted in 2014, lacks provisions guaranteeing consumers' interests, the deputy minister said.

Additionally, under the current law there is duplication of responsibilities between the central committee for consumer protection, the Consumer Affairs Department and consumer dispute-resolution bodies at the regional, state and district levels, the deputy minister said.

"The existing law is not effective. It was designed in consultation with employers only. This time, relevant civil society organizations participated in designing the new law. So, we think it will be more effective," Myanmar Consumers Union secretary U Maung Maung told The Irrawaddy.

There are no by-laws under the existing Consumer Protection Law, and there are difficulties in applying the law, he said.

One of the most significant changes to the law is that it would allow police to open cases against suspected violators. Previously, action could only be taken when somebody filed a complaint.

"The new law also allows consumers to sue producers and importers if they have a grievance. And the definition of goods and services has been broadened," U Nay Myo Tun, a lawmaker on the Lower House Bill Committee, told reporters.

The new law reduces the prison term from three to two years, but markedly increases the fine from 5 million kyats to 150 million kyats.

It aims to ensure consumer safety and satisfaction, strengthen consumer protection bodies, and improve the quality of goods and services, according to the Commerce Ministry.

The post 'Stronger' Consumer Protection Law Submitted to Lower House appeared first on The Irrawaddy.

Govt Issues Operating Procedures for Wholesalers, Retailers

Posted: 31 Jul 2018 12:28 AM PDT

YANGON — The Commerce Ministry on Monday released standing operating procedures for wholesalers and retailers of foreign and local products.

The procedures were adopted after the government gave the green light to foreign and joint-venture companies to wholesale and retail foreign and local products in Myanmar in May.

"The procedures aim to make sure local small and medium enterprises are not affected by foreign wholesalers and retailers," said Trade Department Director-General U Yan Naing Tun.

He said preparations were being made since 2013 to allow wholly foreign owned companies run wholesale and retail companies in Myanmar.

"This will allow the supply of goods at lower prices for consumers. At the same time, there will be more wholesalers for retailers to choose from,” he added.

Items allowed for wholesale and retail include locally produced or imported consumer products, foodstuffs, produce, marine products, animal products, soft drinks and locally produced liquor, according to the Commerce Ministry.

"It is good that the standing operating procedures are issued so that they will provide a level playing field for both local businessmen and foreign investors. But we've asked [the ministry] to carefully regulate the trading sector. It is very important for us," said U Myo Min Aung, vice chairman of the Myanmar Retailers Association.

Foreign companies with a minimum capital of $5 million excluding land rent are allowed to engage in wholesale, and those with a minimum capital of $3 million are allowed to engage in retail, according to the Commerce Ministry.

Joint ventures must invest a minimum $2 million for wholesale and a minimum $700,000 for retailing, and Myanmar citizens must hold at least 20 percent of the shares.

There is no minimum investment for companies wholly owned by Myanmar citizens.

However, it said minimarts and convenience stores with less than 929 square meters of floor space could not have any foreign investors.

"This is good for local businessmen," said U Myo Min Aung.

The Commerce Ministry also requires that locally owned companies already in operation and that made an initial investment of at least $700,000 must reregister and submit detailed business plans. U Myo Min Aung said these requirements would be “a burden.”

Translated from Burmese by Thet Ko Ko.

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Librarian-Scholar Took the Road Less Traveled By

Posted: 30 Jul 2018 10:45 PM PDT

YANGON — Sitting in an easy chair in his living room, U Thaw Kaung is thinking about his students and his book-strewn office at the Universities Central Library (UCL) on the campus of Yangon University.

Since suffering a head injury last year, the 81-year-old retired chief librarian and former head of the university's Department of Library and Information Studies has been advised to stay indoors in case he falls. As a result, his Tuesday ritual—a weekly visit to the library—has been put on hold.

"I miss the visits," he said, insisting they would resume once he has fully recovered. His doctors have told him he can go out in a wheelchair, but he is reluctant to do so.

"I feel uneasy using the chair, as I need someone to assist me. I used to drive there," he said with a laugh.

Thanks to his promotion of library studies at the university level, his efforts to preserve traditional manuscripts, and his establishment of the Myanmar Library Association, U Thaw Kaung is Myanmar's most internationally renowned scholar-librarian. And while he may be confined to his home, he has not been idle. Since his retirement in 1997, he has embarked on more research on the country's history, literature and culture and published his findings in English in order to deepen international understanding of the topics. Currently, he is editing a book that will reproduce a palm-leaf manuscript chronicling a 1749 Myanmar diplomatic mission to China.

"It describes the mission in detail, right down to the presents given to China," he said, adding that the work will be "an addition to the historical record of Myanmar-Sino relations."

'The One Less Traveled By'

A career librarian, U Thaw Kaung started out as a senior clerk at the library at the Rangoon Institute of Economics. At the time he was 20, having just finished his final year of English studies at Rangoon University. In 1959, he joined the University of Rangoon Library as a deputy to then librarian U Thein Han (one of Myanmar's national poets, who published under the pseudonym Zaw Gyi) and studied librarianship at University College, University of London.

"At that time, library-related work was not a popular profession," he said.

Born into a bibliophile family, and frequently sick with rheumatoid arthritis as a child, U Thaw Kaung grew up surrounded by books. Wanting his ill son to be comfortable, U Thaw Kaung's father, U Kaung, who served as the Director of Education, encouraged his son to become a librarian and asked his friend Zaw Gyi to take care of him. When U Thaw Kaung joined the University of Rangoon Library, the poet-cum-librarian took him under his wing.

Recalling the reasons for his decision to pursue librarianship, he said, "Apart from my health, I myself have always been an avid reader. I saw how peaceful Saya Zaw Gyi was [as a librarian]. I wanted to follow in his footsteps, though I was not on the same level as him. Plus, you can study whatever you want [as a librarian]."

Looking back after nearly six decades, he has no regrets.

"Instead of sorrow, I have gained the success I deserve because I took the one less traveled by," he said, quoting a line from Robert Frost's poem "The Road Not Taken".

The American poet would doubtless agree that having chosen a less popular line of work "has made all the difference" for U Thaw Kaung.

U Thaw Kaung (center) with Daw Aung San Suu Kyi (left) during her visit to UCL in July 2017. / The Irrawaddy

He eventually became chief librarian of UCL, where he served until his retirement in 1997. During his tenure, he set up the Faculty of Library Studies at Rangoon University and taught for almost three decades, with a vision of producing a new generation of librarians. Now the course is available at universities in Yangon and Mandalay.

During less busy periods at the library, and when he wasn't teaching, he traveled around the country with his students in search of rare books—especially palm-leaf and folded paper manuscripts (known as "Parabike")—completing the mission his mentor Saya Zaw Gyi initiated.

They hit old monasteries or private libraries across the country, raiding their dusty collections of manuscripts, many of which had been virtually devoured by insects or destroyed by the elements. When owners declined to donate the manuscripts, U Thaw Kaung bought or copied them.

"Sometimes, it took years to convince owners to sell, as they were attached to what they had collected," he recalled.

U Thaw Kaung was able to establish a special section at the central library to preserve palm-leaf and paper manuscripts. By the time he retired in 1997, the section was a trove of more than 16,000 manuscripts available to researchers on ancient Myanmar literature or history, and many other subjects related to the nation's culture. The effort won him the Fukuoka Asian Culture Prize in the Academic category in 2005.

In their summary, the awarders of the prize described U Thaw Kaung as "a leading authority in the field of library studies in Asia, with a focus on Myanmar….he has made many contributions to the preservation and utilization of valuable palm-leaf and paper manuscripts." (Other Fukuoka Prize winners from Myanmar include historians Dr. Than Tun and Dr. Thant Myint-U.) Among his other international honors, U Thaw Kaung was the first Southeast Asian librarian to be elected an Honorary Fellow of the Library Association U.K., and was named an Honorary Doctor of Letters by the University of Western Sydney.

"I don't think I won those awards because I'm smart; I'm just lucky," he said modestly.

He also feels fortunate to have had the encouragement of his parents and mentor Zaw Gyi, and to have been born in Myanmar, enabling him to collect old manuscripts and set up the Department of Library and Information Studies. He thanked his like-minded students and staff for making it possible to promote library studies and establish the Myanmar Library Association, which he founded in 1992 with the goal of upgrading the country's libraries so that they could establish international connections. Before retiring, he also oversaw the introduction of IT literacy programs at UCL for use in future e-library systems.

Today, the library has developed a database with a wide range of scholarly e-journal and e-book collections accessible from nine universities in Yangon and Mandalay, while offering access to catalogs from 23 university libraries across the country, according to current UCL librarian Daw Ni Ni Naing, one of U Thaw Kaung's former students.

"He has always encouraged and directed the development of libraries. He even made international training possible for us," she said.

'Helping Those Who Seek Knowledge'

Apart from collecting manuscripts and promoting library studies in Myanmar, U Thaw Kaung is famous among local and international scholars for assisting their work with "his vast knowledge of the library's holdings," as leading Southeast Asia and Myanmar scholar Robert Taylor puts it.

Daw Aung San Suu Kyi (left) with U Thaw Kaung (right) during her visit to UCL in July 2017. / The Irrawaddy

In the 1980s, U Thaw Kaung learned that Daw Aung San Suu Kyi, who at that time would make occasional visits to the country to conduct research about the role of writers in Myanmar's independence struggle, was not welcomed by some libraries. So he opened the UCL's doors to her, saying: "Come here. We are more resourceful." (She last visited the library in July last year, to promote a culture of library use in government schools.)

The late Dr. Than Tun, a renowned historian of Myanmar and a fellow Fukuoka recipient, wrote the following accolade for U Thaw Kaung when he received the prize: "He is always kind and helpful to all people (foreign or indigenous) to access (even) rare documents in their research…. May he remain helpful to us forever."

Taylor, who has known U Thaw Kaung since 1978, described his long-time friend to The Irrawaddy as "a very good scholar, a fantastic librarian, and a warm and sincere human being." In particular, he recalled a six-month research stint at UCL in 1982 for which, he said, he owed much to the librarian's inspiration and hard work. In his article for a felicitation volume to mark U Thaw Kaung's 75th birthday in 2012, Taylor suggested the librarian played a role in making possible his 1987 book "The State in Myanmar" and other of his publications on the country over the years.

"U Thaw Kaung found materials for me that I would not have found on my own and introduced me to a number of important figures in Myanmar's political and cultural life," Taylor told The Irrawaddy.

But U Thaw Kaung insists he simply did what any librarian should do while upholding the library's motto: "Helping Those Who Seek Knowledge".

"If they tell me what they want to know, I explain to them and guide them to what they should read. It's my job," he said.

Despite his life of achievements, the 81-year-old still feels the development of libraries in Myanmar lags far behind even that of neighboring or regional countries, suggesting the government should be more supportive, as college libraries still lack resources.

"Librarians' capacities need to be upgraded as well," he said, pointing out that a librarian's range of tasks has become more sophisticated than ever in the age of information technology. He explained that, at a minimum, today's librarians require the know-how to use electronic databases and find information online.

"Basically, they are still an interface between users and information," he said.

So, how to be a good librarian?

"You have to read and want to help others. What you read should not just be for you, but for others [to be able to help them with what they need]," he explained.

Anyone who has interacted with U Thaw Kaung in the academic arena will understand exactly what he means.

The post Librarian-Scholar Took the Road Less Traveled By appeared first on The Irrawaddy.

Vietnam Jails 15 More Over Economic Zone Protests

Posted: 30 Jul 2018 10:43 PM PDT

HANOI — A court in Vietnam has handed out prison sentences to 15 protesters arrested during mass demonstrations last month against proposed special economic zones in the Southeast Asian country, state media reported on Tuesday.

Despite sweeping reforms, communist-ruled Vietnam tolerates little dissent. The country’s Constitution allows freedom of assembly, but protests are often broken up by police.

At least 31 people have been jailed for taking part in the nationwide demonstrations, triggered by fears that investors from China would dominate the 99-year land leases up for development in the zones.

In a trial that ended late on Monday, the People’s Court of Bien Hoa City, in the south of the country, sentenced the protesters to between eight and 18 months in prison.

Five others were given 12- to 14-months probation on charges of “causing public disorder,” Voice of Vietnam Radio said.

They were arrested when taking to the streets on June 10 and “caused traffic jams,” the report cited the indictment as saying.

Their lawyers were not immediately available for comment.

Earlier this month, 16 people were jailed under identical charges in Binh Thuan Province. June’s protests had turned violent in the province, with protesters hurling bricks and petrol bombs at police.

Monday’s trial came less than two weeks after a court in Ho Chi Minh City ordered the release and deportation of William Anh Nguyen, 32, an American man of Vietnamese descent who was also arrested for “causing public disorder” during the protests.

“They have done nothing wrong,” Nguyen wrote on his twitter account after Monday’s sentencing. “The fight for justice and democracy continues.”

The post Vietnam Jails 15 More Over Economic Zone Protests appeared first on The Irrawaddy.

Fears Grip Indian State as Millions Made Stateless

Posted: 30 Jul 2018 10:05 PM PDT

NEW DELHI — More than four million people left off a draft list of citizens in northeast India on Monday have effectively been made stateless, campaigners said, likening them to the Rohingya minority driven out of Myanmar.

Fear gripped the border state of Assam as India’s census chief released the list of citizens in the state, which excluded those unable to prove they or their parents arrived before March 1971, when neighboring Bangladesh was created.

Assam lies on the border with Muslim-majority Bangladesh and is in the grip of social and communal tensions as residents campaign against illegal immigrants, a fight backed by Prime Minister Narendra Modi’s Hindu nationalist government.

“Millions have now been rendered stateless,” Meenakshi Ganguly, South Asia director at Human Rights Watch, told the Thomson Reuters Foundation.

“There are grave reasons for concern that those without proper documentation will be targeted,” she said, warning that “India should not become another Myanmar or United States.”

Hundreds of thousands of Rohingya, a stateless Muslim minority, were driven out of Myanmar last year and are now in refugee camps in Bangladesh.

Security was beefed up across Assam as thousands of Muslims left off the registry worried about being sent to detention centers or deported.

Critics see the citizenship test as a means to target Assam’s Muslim minority, a charge the BJP denies.

Campaign group Avaaz said it “bears stark parallels with Myanmar’s removal of Rohingya rights and protections.”

“The international community is fighting to stop a process that is alarmingly on track to potentially render millions of people stateless, and vulnerable to indefinite detention, violence or worse,” said Ricken Patel, Avaaz executive director.

Hundreds of thousands of people fled to India from Bangladesh during its war of independence from Pakistan in the early 1970s. Most of them settled in Assam.

The tea-rich state of 33 million people has been racked by waves of violence for decades as residents, including indigenous tribes, have clashed with both Hindu and Muslim settlers, whom they accuse of plundering resources and taking away jobs.

The government said the draft was not meant to drive people out and those not on the list would be able to reapply in a process overseen by India’s Supreme Court.

“There is no question of any coercive action against anyone,” said Home Minister Rajnath Singh.

But Asmita Basu, programs director at Amnesty International India, said the government had failed to make clear what would happen to those rendered stateless.

She urged it to extend the time for appeals beyond the deadline of Sept. 28, provide legal aid and ensure families were not torn apart in the process.

“India does not even have an agreement with other countries, particularly Bangladesh, on deportation,” she said.

“It is crucial that the government make public their plan for dealing with those at risk of being rendered stateless and ensure that their rights are not violated.”

The post Fears Grip Indian State as Millions Made Stateless appeared first on The Irrawaddy.

Jailed Reuters Reporter Denies Collecting Secret Documents

Posted: 30 Jul 2018 09:37 PM PDT

YANGON — Ko Kyaw Soe Oo, one of two Reuters journalists accused of obtaining state secrets in Myanmar, told a court on Monday that the information in documents police say were found on his mobile phone was already public.

The 28-year-old reporter said he did not know how the documents, previously submitted to the court in Yangon by the prosecution during pre-trial hearings, had got on to his phone.

Ko Kyaw Soe Oo and his Reuters colleague Ko Wa Lone, 32, are facing up to 14 years in prison for allegedly violating Myanmar’s colonial-era Official Secrets Act. Both have pleaded not guilty to the charges and have told the court how they were “trapped” by police officials who planted documents on them.

Referring to what he said were “top secret” documents found on his phone and in his possession, lead prosecutor U Kyaw Min Aung accused Ko Kyaw Soe Oo during cross-examination of having “a habit of collecting those documents…to write news and send to foreign news agency Reuters.”

In response, Ko Kyaw Soe Oo, sitting in the witness box facing the judge, said: “I didn’t collect those documents voluntarily.”

At the time of their arrest in December, the journalists had been investigating the killing of 10 Rohingya Muslim men and boys in a village in western Myanmar’s Rakhine State. The killings took place during an army crackdown that United Nations agencies say sent nearly 700,000 people fleeing to Bangladesh.

The trial has attracted global attention and has come to be seen as a test of press freedom and reforms in the fledgling democracy.

Defense lawyers also called as a witness on Monday a driver for Reuters, U Myo Thant Tun, who had dropped the reporters off for a meeting on the evening they were arrested.

U Myo Thant Tun said the pair was carrying “nothing but their hand phones” when they entered a restaurant where they met police officials who handed them a set of papers shortly before they were detained.

Ko Kyaw Soe Oo and Ko Wa Lone have testified that police Lance Corporal Naing Lin and another officer handed them documents during their meeting at the north Yangon restaurant, but that they had no time to look at them before being arrested as they left.

Police Captain Moe Yan Naing has also testified that a superior officer had instructed his subordinates, including Lance Cpl. Naing Lin, to “trap” the reporters. Lance Cpl. Naing Lin has told the court he met the reporters, but denied giving them anything.

Myanmar government spokesman U Zaw Htay has mostly declined to comment throughout the proceedings, saying Myanmar’s courts are independent. He did not answer calls seeking comment on Monday.

In their testimony, the journalists have described how they were handcuffed, hooded, deprived of sleep and forced to kneel for hours while being questioned by interrogators who focused on their reporting of the massacre of Rohingya Muslims rather than the documents they are accused of obtaining.

Judge Ye Lwin adjourned the trial until next week, when the defense is expected to call character witnesses.

The post Jailed Reuters Reporter Denies Collecting Secret Documents appeared first on The Irrawaddy.

Ten Things to Do in Yangon This Week

Posted: 30 Jul 2018 07:30 PM PDT


Lethwei National Championship (Final)

Myanmar's Soe Linn Oo and Thailand's Iquezang vie for the belt in this challenge fight.

Aug. 5, 2 p.m. Theinbyu Stadium. Tickets 8,000 to 30,000 kyats at 09-245214160

Film night: "Good Bye, Lenin!"

An East German woman who is dedicated to the socialist cause falls into a coma shortly before the 1989 revolution. When she wakes up eight months later, her son, worried she will die of shock, attempts to conceal from her the fall of the Berlin Wall and the collapse of socialism.

Aug. 1, 6.30 p.m. Goethe-Institut, on the corner of Kaba Aye Pagoda Road and Nat Mauk Street, Bahan Tsp. Free entry.

IEGEI Japan Festival

Japanese music, food and sake wine will be presented by Japanese residents of Yangon.

Aug. 4, 5 pm to 10 p.m. Ietsu Sushi & Soba, 57 37th Street. Entrance 30,000 kyats including food and drink ticket.

4th Myanmar International Travel Mart

Discounts and lucky draws for outbound tours

Aug. 4-5, 9 a.m. to 6 p.m. Melia Hotel

Jazz Night

An event for jazz lovers

Aug. 4, 7 p.m. to 10 p.m. Thiripyitsaya Sky Bistro, 21st Floor, Sakura Tower. Tickets 5,000 kyats

Book Sale

Seikku Cho Cho will offer 20 percent discounts to bookworms.

Aug. 1-13, 9 a.m. to 5.30 p.m. Anarwa Dhamaryon, Kyar Taw Ya Street, Shwedagon Pagoda (East Gate)

Pwe Khin Tha

A performance for music enthusiasts

Aug. 5, 5.30 p.m. The Yangon Gallery, People's Park. Free admission.

'Beyond Prison Gate'

Former political prisoners recount their bitter experiences behind bars through photos.

Aug. 4-6, 10 a.m. to 5 p.m. Moon Art Gallery, 150/160, 35th Street

Global Village Artworks

A showcase of Maung Di's installations depicting the concept of the global village

Aug. 7-10, 10 a.m. to 6 p.m. Myanm/art, 98, 3rd floor, Bogalay Zay St.

16 Pages

A group exhibition featuring artists from South Okkalapa Township

Aug.1-5, 9 a.m. to 5 p.m. Myanmar Artists Organization Central, Bogyoke Market.

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Monday, July 30, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Union Attorney General Revokes Court’s Decision to Drop Investigation into Comedian’s Killing

Posted: 30 Jul 2018 08:25 AM PDT

YANGON — Amid mounting public criticism, the Union Attorney General's Office on Monday annulled a Yangon Court's decision to drop the investigation into the murder of Facebook comedian Aung Yell Htwe, saying the investigation would continue.

Three suspects in the fatal beating of Aung Yell Htwe were unconditionally released on July 25 as the Yangon Eastern District Court accepted his family's appeal asking to settle the case.

Aung Yell Htwe, who became popular for the series of short comedy videos he posted to his Facebook account starting in 2016, died after being kicked and beaten by a group of men while attending a party last New Year's Eve at The One Entertainment Park in Yangon.

Three suspects in the fatal beating — Than Htut Aung (a.k.a Thar Gyi), Pyae Phyo Aung (a.k.a Aung Lay) and Kyaw Zaw Han (a.k.a Kyaw Zaw) — surrendered to police in the presence of their parents soon after the incident.

The release of the murder suspects without any charges being filed raised public doubts about the fairness of the court's handling of the case and about the rule of law in the country generally.

Netizens started a social media campaign titled "Failed Law" after the cover photo on a Facebook account with the name Than Htut Aung (the same as one of the released suspects) was changed to show a man with a masked face smiling mockingly.

"This is mocking Myanmar's judiciary," one person wrote, sharing screenshots of the changed cover photo.

Lawyers, lawmakers and activists also joined in the condemnation, claiming the release would encourage further killings and threaten public security.

Lawyer U Htay said he was shocked to hear that the court had dropped the investigation into the murder, saying it occurred in plain sight in a public place. He said it was especially disturbing given the high number of murders and other criminal cases in the country.

President U Win Myint, a former Lower House speaker who once worked as a barrister, also expressed concern about the case.

At a meeting with Yangon Region administrative, legislative and judicial officials at the Government Office on Sunday he emphasized the importance of the rule of law in a democratic system and the need for the judicial sector to be free from bias and corruption.

"The president said he had learned the puzzling and deeply disturbing news in regards to the judicial sector," said Ko Wai Phyo Han, a Yangon regional lawmaker who attended the meeting.

MPs attending the meeting said the president said that settling murder cases was important for the rule of law, and pointed out that the state has the authority to continue the investigation in such cases.

U Win Myint also instructed judicial officials not to delay in high-profile cases and to search for the truth.

The day after the meeting, President's Office Spokesperson U Zaw Htay said the President and State Counselor Daw Aung San Suu Kyi had questioned officials involved in the Aung Yell Htwe case regarding the decision to drop it.

He said it had been learned that the Yangon Region attorney general had approved the request to drop the case citing a lack of evidence implicating the accused.

In light of the state leaders' intervention, and with public criticism mounting over the dropping of the case, the Union Attorney General's Office ordered the region attorney general to annul the court's decision and continue the investigation at the Yangon Regional Court.

U Zaw Htay said the remaining witnesses in the case will testify after the Regional Court formally reopens the case.

Responding to reports that the suspects left the country soon after their release, the spokesman said the government would work with international police forces to return the three.

Lawyer U Htay added that approval from the court and from the the attorney general’s office were required to continue investigating the case under the Anti-corruption Law.

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Gov’t Names Members of Rakhine Investigation Commission

Posted: 30 Jul 2018 06:59 AM PDT

YANGON — The government on Monday announced the formation of a four-member commission to investigate allegations of human rights violations in Rakhine State following attacks on police posts there by the militant Arakan Rohingya Salvation Army (ARSA) in late August.

The President’s Office announced that it would form an independent commission of enquiry in May, after months of pressure from international rights groups to allow an impartial investigation of allegations of arson, rape and murder by the Myanmar military in Rakhine following the ARSA attacks.

On Monday, the office announced that the commission had been formed and comprised two local and two international members.

The commission is to be led by Rosario Manalo, a former deputy foreign minister of the Philippines. He is also a former chair and a current representative of the Philippines to the UN Convention on the Elimination of all Forms of Discrimination against Women.

The commission also includes Kenzo Oshima, a former permanent representative to the UN for Japan.

The two local members are U Mya Thein, a former chair of Myanmar’s Constitutional Tribunal, and a former senior official at UNICEF, U Aung Tun Thet, who is now chief coordinator of the Union Enterprise for Humanitarian Assistance, Resettle and Development in Rakhine, which was formed in October, one month after the ARSA attacks.

A statement from the President’s Office on Monday said the commission was “part of the government's national initiative to address reconciliation, peace, stability and development in Rakhine.”

A UN Security Council delegation visited Myanmar earlier this year and called for a transparent investigation into accusations of violence against Rohingya Muslims, warning that a failure to do so could lead to military officials being referred to the International Criminal Court in The Hague.

In June, Myanmar’s main opposition and former ruling party, the Union Solidarity and Development Party, submitted an urgent proposal to the Lower House of Parliament imploring the government to exclude foreigners from the investigation commission.

The proposal was followed by a meeting of the National Defense and Security Council — which includes the president, state counselor, army chief and other senior officials — in Naypyitaw to discuss the government's signing of a memorandum of understanding with UN agencies on the return of refugees from Bangladesh, the formation of an investigation commission, the latest Shangri-La Dialogue security conference in Singapore, and border security problems, according to the President's Office.

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Naga Armed Group Says Myanmar Military Won’t Let Ailing Chairman Travel

Posted: 30 Jul 2018 05:29 AM PDT

YANGON/Mon State — A senior leader of the National Socialist Council of Nagaland-Khaplang (NSCN-K) says the Myanmar military has refused to let the ethnic armed group’s chairman leave the Hukwang Valley in Sagaing Region.

The group says Chairman Khango Konyak is sick and wants to leave the valley for higher elevation.

"He does not want to stay in the hot area because he is sick, so he wants to move to a higher area where it’s cold," Eno Angang, an NSCN-K central committee member, told The Irrawaddy on Monday.

But he said the Myanmar military’s regional commander in Sagaing has told the chairman several times since last month to stay in the valley.

Sources close to the armed group say the chairman often goes into hiding for his safety and that NSCN-K leaders believe the military wants to keep him in the valley to better monitor his movements.

The NSCN-K signed a ceasefire agreement with the Sagaing Region government in 2012. It has not signed the Nationwide Ceasefire Agreement with the central government but attended the third session of the Union Peace Conference earlier this month as an observer.

On Sunday, Indian news agency Firstpost reported that tensions between the NSCN-K’s fighters and the Myanmar military were currently high in the Hukwang Valley, where the rebels recently withdrew from an outpost under military pressure.

The NSCN-K is based along Myanmar’s border with India and wants peace talks with Naypyitaw to cover ethnic Naga living on both sides. A splinter group, the NSCN-M, has been holding separate peace talks with Delhi.

Naga living in Myanmar and India are known locally as eastern Naga and western Naga, respectively. They are one of six ethnic groups granted self-administered areas under the Constitution and have representatives in Myanmar’s local parliaments.

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Thousands affected as Sittaung and Bago Rivers Rise to Record Levels

Posted: 30 Jul 2018 04:34 AM PDT

Yangon—The Sittaung and Bago rivers in Bago Region have swelled to their highest levels in more than five decades, according to the Department of Meteorology and Hydrology.

The Sittaung River has risen to a record high of 1,270 cm in Bago's Nyaunglebin Township, its highest level in 53 years.

Meanwhile, the water level of the Bago River reached 968 cm on Sunday, its highest level in 54 years.

"Water levels have risen because it rained heavily in Mon, Karen and Rakhine states for several days continuously," said U Kyaw Moe Oo, director-general of the Department of Meteorology and Hydrology.

Around 9,000 local residents have been dislocated by the floods and four relief camps have been opened in Madauk, U Nyi Nyi Htwe, a Nyaunglebin Township lawmaker in Bago's regional parliament, told The Irrawaddy.

"We've warned locals [about floods], and asked them to pack up their belongings and important documents. We've also opened relief camps for pregnant women and children," said U Nyi Nyi Htwe.

Madauk has experienced flooding since July 24. The water level of the Sittaung River has reached around six inches and nearly seven feet above the danger levels in Toungoo and Madauk respectively.

The Department of Meteorology and Hydrology estimates that the river is likely to rise a further 1.6 feet in Madauk and another foot in Toungoo by Tuesday.

The water level of the Shwekyin River is now six feet above its danger level and is expected to increase by a further 2 feet by Tuesday. The water level of the Bago River in Bago has also reached around three feet above its danger level.

The Thanlwin (Salween) River has risen by around 5.6 feet above its danger level in Karen State's Hpa-an. The water level of the Bilin River has reached around 2.6 feet above its danger level in Bilin Township.

The Department of Meteorology and Hydrology has advised local residents living near riverbanks and in low-lying areas in Hpa-an, Bago, Shwegyin, Madauk to move to safer places.

Over 400 rail passengers were stranded through Sunday as heavy rains submerged railroads from Yangon to Mandalay, Mawlamyine and Bago, Myanma Railways (MR) said.

"They were stranded as of Friday," U Kyaw Kyaw Myo, general manager of MR, told The Irrawaddy.

The MR will suspend its train services between Yangon, Mandalay and Naypyitaw until further notice, he said. It has also cancelled trains between Yangon and Mawlamyine after floods swept away around 100 feet of rail track in Mon State.

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President Pushes for Speedy Trials, Govt Reform

Posted: 30 Jul 2018 03:54 AM PDT

YANGON —President U Win Myint warned local authorities in Yangon and Bago regions this weekend not to drag out high-profile legal cases or verbally commit to any projects the union government has yet to approve.

In a meeting on Sunday with Yangon Region administrative, legislative and judicial officials aimed at speeding up government reform efforts, the president urged his audience to support the rule of law and to avoid bias and corruption.

The president also stressed the importance of having the courts issue timely rulings in high-profile legal cases, according to lawmakers at the meeting.

Among the high-profile cases in Yangon is the murder trial of the men accused of assassinating National League for Democracy legal adviser U Ko Ni; the trial has been going on for more than a year, and the key suspect is still at large. In a separate cases, two detained Reuters reporters were recently charged with breaching the Official Secrets Act after some six months of hearings; their trial has only just begun.

Lawmaker U Kyaw Zeya said Yangon Chief Minister U Phyo Min Thein also briefed the president on the controversial New Yangon City Project. The president did not object, he said, “but he told the chief minister to make sure that existing new [parts of Yangon] are completed with urban facilities fit for human settlement."

U Phyo Min Thein has come under fire for his determination to press ahead with New Yangon City, which he claims will generate 2 million jobs. Some urban planners say the massive project is unrealistic, noting that many newer parts of Yangon still lack basic infrastructure.

U Win Myint also met with government officials in Bago Region on Saturday and warned them not to verbally commit to projects the union government has yet to officially approve, such as the planned Hanthawaddy International Airport.

The union government has since March been in negotiations with Japan to finance the airport — which would lie 80 km north of Yangon — after talks with a Singapore-led consortium fell apart in January.

Video of Saturday’s meeting was posted online and shows the president looking annoyed when informed that compensation for land confiscated in the airport project area would be distributed soon.

"Let me ask you: Has the union government decided that it would be implemented? We haven't decided yet. It's a union government decision. Please don't verbally commit," he said.

U Win Myint said that if regional governments verbally commit to something the union government has not yet approved, the public will get the wrong impression.

"And then protests will erupt. Debates in Parliament will follow. The government will have to make it right, and our reform program will get nowhere as we spend time on issues like this. So please don't do it," he said.

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Work on Yangon Elevated Expressway to Begin Next Year, Says Minister

Posted: 30 Jul 2018 03:48 AM PDT

Naypyitaw—Construction of the Yangon Elevated Expressway project will begin next year and should be completed within three years, Deputy Construction Minister U Kyaw Lin said on Monday.

The deputy minister made the comment in response to a question from lawmaker U Nay Myo Htet about the ministry's plan to build an inner ring-road in Yangon to ease the city's traffic woes.

Fifty-three companies from 12 countries including Myanmar have expressed interest in the project. The ministry will invite requests for proposals in December and the later select the tender winner.

"We will start inner-ring-road construction in 2019. We won't fund its construction. The tender winner has to build it on its own," U Kyaw Lin told the Lower House.

Then, it can collect road tolls from users, he added.

Though the Construction Ministry said it would not use state funds to build the elevated road, it is likely it will have to take out international loans to fulfill its obligations to the project as it is a public-private partnership, said Lower House lawmaker U Aung Hline Win of Mingalardon Township.

"Usually, an elevated expressway costs around US$10 million, or around 14 billion kyats, per mile. It is such a huge amount, and it is not easy," said U Aung Hline Win.

The Ministry of Construction inked a financial advisory services agreement (FASA) with the International Finance Corporation (IFC) for the project in Napyitaw in January.

The IFC, a sister organization of the World Bank, said that as part of the transaction, it would undertake due diligence and draft an internationally competitive tender to choose a qualified, experienced private sector developer for the project.

A total of 16 local firms, 13 companies from China, seven from Japan, four from South Korea, two from Thailand, three from India, two from Turkey, one each from Vietnam, France, Malaysia, Indonesia and the Philippines, and a Malaysia-Myanmar joint venture have expressed interest in the project.

When complete, the 47.5 kilometer-long elevated expressway will connect downtown Yangon, Yangon Port, Yangon International Airport, Mingalardon Industrial Zone and Yangon-Mandalay Highway.

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10 Dead, 100,000 Affected by Monsoon Floods

Posted: 29 Jul 2018 11:56 PM PDT

YANGON — Monsoon floods have affected nearly 100,000 people and killed at least 10 across Karen and Mon states and Bago Region in southern Myanmar, according to government media reports on Monday.

According to the Karen State government, two children and a man died after they abandoned their home in search of shelter and their boat capsized.

In Mon State, three soldiers went missing after falling into the floodwaters on Friday. The government declared off three of them dead on Sunday after one of their bodies was found near the Yangon-Mawlamyine Highway.

The monsoon rains have flooded some 1,000 villages, destroyed roads and bridges, and forced 54,000 people from their homes over the past week.

The National Natural Disaster Management Committee issued evacuation orders on Sunday and said that 163 camps have been set up across southern Myanmar.

Large stretches of paddy fields and farmland inundated with muddy water and homes flooded to their rooftops could be seen in aerial photos of affected areas shared on social media. Some of the photos showed flood victims wading through waist-deep water in the rain, many carrying children and pets.

Many parts of Myanmar are hit by severe flooding every year during the monsoon season, damaging farms and infrastructure across the country.

Myanmar suffered its worst monsoon flooding this decade in 2015, when 100 people died in the floods and at least 330,000 people were displaced, according to ReliefWeb, an information site run by the UN Office for the Coordination of Humanitarian Affairs.

According to the site, Myanmar ranks 2nd out of 187 countries in an index of global climate risk and 9th out of 191 countries in an index of risk management, which measures their risk of humanitarian crises and disasters.

Click on each state or region on the zoomable map for data.

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China Says its Medical Institutions Must Not Use Recalled Huahai-Made Drug

Posted: 29 Jul 2018 10:14 PM PDT

SHANGHAI — China’s health regulator said on Monday all domestic medical institutions must cooperate with authorities and not use the valsartan blood and heart drug made by Zhejiang Huahai Pharmaceutical that could pose cancer risks.

The bulk manufacturer of the drug said earlier this month that it was recalling the valsartan drug sold in the United States after the European Medicines Agency found that it was tainted with an impurity linked to cancer.

In a notice posted on its website, China’s National Health and Family Planning Commission said the recalled drug, commonly used to treat patients with high blood pressure, should not be used for the diagnosis and treatment of diseases.

European regulators have said that the problem likely dates to changes introduced into manufacturing processes at the company in 2012, suggesting that many patients could have been exposed to cancer risk.

The drug has already been withdrawn in the United States and Europe and China’s drug regulator said on Sunday that Huahai had completed the withdrawal in China of the raw materials used to produce the drug.

The Chinese health regulator also said that there were six local companies that used valsartan made by Huahai. Five of these companies had products on the market and have since issued recalls, it added.

The sixth firm, the Hunan branch of Zhuzhou Qianjin Pharmaceutical, had not yet shipped out its products, the regulator said. The company said in a statement that it returned Huahai’s valsartan earlier this month and that none of its products were affected by the product recalls.

Huahai said on Monday that its other products did not contain the impurity known as NDMA, which is classified as a probable human carcinogen, and that it would continue to improve its systems to prevent similar incidents from happening.

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Monsoon Flooding Forces Thousands to Evacuate Homes in Myanmar

Posted: 29 Jul 2018 09:48 PM PDT

YANGON — Some 50,000 people in Myanmar evacuated their homes after days of heavy monsoon rains left villages inundated and swept away bridges, while authorities scrambled to deliver aid to the affected regions, authorities and media said on Sunday.

President U Win Myint visited Bago Region in central Myanmar to meet displaced residents on Saturday and urged local officials to step up the provision of temporary shelters and aid. An estimated 100,000 people may be affected by the floods.

Parts of Myanmar flood annually at the peak of the monsoon season, causing frequent landslides and widespread damage to farmland and infrastructure in the Southeast Asian nation.

The country saw the worst monsoon flooding in a decade in 2015 when around 100 people reportedly died and over 330,000 were displaced.

The National Natural Disaster Management Committee on Sunday warned residents living near rivers and in low-lying areas to "immediately leave their homes as the water level…has exceeded the danger level," according to state media on Sunday.

Torrential downpours washed away a section of a 60-meter concrete bridge in the northern Shan State, while rice paddies and roads in the central Kayin State suffered extensive damage, state media reported.

The western state of Rakhine also saw heavy rainfall submerge some roads. Aerial images shared on social media showed muddy brown water covering vast tracts of land.

The Red Cross said on Twitter it was distributing hygiene, kitchen and shelter gear, posting photos of its volunteers getting people in flood-hit areas to safety in small boats.

The United Nations said in a statement it was following developments with "great concern."

“The UN in Myanmar is mobilizing its partners, resources and capacity and is offering to provide support to the ongoing assistance delivered to the victims of the floods by the government of Myanmar," said Knut Ostby, the UN resident and humanitarian coordinator.

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Cambodia Hits Back at Criticism of ‘Flawed’ Election as Hun Sen Retains Power

Posted: 29 Jul 2018 09:13 PM PDT

PHNOM PENH — Cambodia woke to another chapter of rule by strongman Prime Minister Hun Sen on Monday, a day after his Cambodian People’s Party (CPP) declared victory in a general election that rights groups said was neither free nor fair.

The White House said it would consider steps, including an expansion of visa restrictions placed on some Cambodian government members, in response to “flawed elections” in which there was no significant challenger to Hun Sen.

CPP spokesman Sok Eysan said on Sunday the party won an estimated 100 out of 125 parliamentary seats. DAP news, a pro-government website, said later the CPP had won 114 seats. Two other parties, the royalist Funcinpec and the League for Democracy Party, won five and six seats respectively.

More than 82 percent of those registered to vote cast a ballot, according to the National Election Commission. Turnout was 90 percent in the 2017 local election and 69.61 percent in the previous general election in 2013.

Critics say the election was a backward step for democracy in Cambodia following the dissolution last year of the main opposition Cambodian National Rescue Party (CNRP) and the jailing of its leader, Kem Sokha, on treason charges.

Former CNRP president Sam Rainsy, who lives in exile, said the election was a “hollow” victory for Hun Sen, a former Khmer Rouge commander who has ruled Cambodia for nearly 33 years.

The United States has imposed visa curbs on some Cambodian government members over a crackdown on critics and levied sanctions in June on a high-ranking official close to Hun Sen.

The European Union has threatened Cambodia with economic sanctions.

White House Press Secretary Sarah Sanders said in a statement that Sunday’s vote “failed to represent the will of the Cambodian people.”

“The flawed elections, which excluded the country’s principal opposition party, represents the most significant setback yet to the democratic system enshrined in Cambodia's Constitution,” Sanders said, adding that the election campaign was marred by threats from national and local leaders.

“The United States will consider additional steps to respond to the elections and other recent setbacks to democracy and human rights in Cambodia, including a significant expansion of the visa restrictions announced on December 6, 2017,” she said.

Government spokesman Phay Siphan said the White House statement was an attempt to intimidate Cambodia.

“This is against the Cambodians who went to vote to decide their own fate,” Phay Siphan told Reuters.

“Help the people”

Newspaper headlines in Cambodia on Monday greeted Hun Sen’s victory.

“CPP Dominates Election: Unofficial results show ruling party will increase its majority in the National Assembly,” said the pro-government Khmer Times newspaper.

Some independent media were targeted by Hun Sen and his allies in a pre-election crackdown.

Many polling stations in the center of the capital, Phnom Penh, appeared quiet on Sunday. Polling stations Reuters visited in the city were less than bustling and some voters said they voted because not doing so would land them in trouble.

The opposition CNRP had called on voters to boycott the election, but authorities warned anyone doing so would be seen as a traitor.

At the Kapkor Market in Phnom Penh, Meas Sinuon, 60, said she was pleased with Sunday’s result.

“This government has done good things already,” she said as she shopped for groceries. “But I want the new government to do more to help the people.”

Another voter, a Phnom Penh tuk-tuk driver, described the result as “same same.”

“Hun Sen again,” said the man, who declined to be named because he feared for his safety.

Unofficial election results are expected in mid-August, with official results due in September.

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Saturday, July 28, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Criticism Abounds

Posted: 27 Jul 2018 11:27 PM PDT

Kyaw Zwa Moe: Welcome to Dateline Irrawaddy! This week, we'll discuss the recent talk of the town, potholed roads, two chief ministers and General Aung San statues. Ko Khine Win, a director with the Sandhi Governance Institute and lawmaker Ko Nay Phone Latt of the Yangon Region Parliament, join me to discuss this. I'm The Irrawaddy editor Kyaw Zwa Moe.

There were media reports and criticism on social media about Yangon Region chief minister U Phyo Min Thein regarding the condition of the roads in Yangon. As Daw Aung San Suu Kyi went from Yangon to (her constituency) Kawhmu Township recently, she made a remark that roads in Yangon are in very bad condition and not even as good as those in (suburban) Kawhmu. The Yangon Region chief minister then immediately summoned a meeting to improve the roads. People are criticizing that the chief minister only took action after Daw Aung San Suu Kyi complained. What do you have to say about this?

Nay Phone Latt: Usually, roads are in very bad condition in the rainy season. Conditions are worse this year.  [The chief minister] should have known it even if Daw Aung San Suu Kyi did not mention it. And our regional Parliament has continuously complained about [poor] road conditions in Yangon, as well as that it causes difficulties with the drainage system. It is unacceptable that he has only summoned a meeting to address this after Daw Aung San Suu Kyi complained. The regional Parliament discussed this long before that. Proposals regarding this were submitted to the regional Parliament, and some were approved.

If a proposal is approved by the legislature, the things mentioned in that proposal should become the policy [of the government]. A meeting should be held once a proposal is approved by Parliament and not only after it is complained about by a [state] leader. A proposal approved by Parliament represents the wishes of the people. So, a meeting must be held [by the government] once a proposal is approved by Parliament. And the meeting must find ways to implement it. This is the way it should happen. But in reality, [the chief minister] did it only after the State Counselor complained. And this is not the first time. There are previous examples. It is not good for us. It seems that we have to invite Aunty [Daw Aung San Suu Kyi] to Yangon frequently.

And I think there is a need to organize talks between Aunty and residents in Yangon like previous [peace] talks between her and local residents in places where she made ministers respond to locals' questions. Personally, I want to see such talks. Only then will leaders understand the real situation in Yangon. I think [the government] should pay heed to discussions in Parliament and not just instructions from leaders.

KZM: Regarding good governance, a good government should listen to the voices of the people and fulfill their needs.  In the case of the fire at Htein Pin dump site, [the Yangon government] responded hastily only after the State Counselor's Office gave instructions. It held a meeting overnight. Why are some chief ministers, I don't mean all, just some of them, not able to take initiative? What are their weaknesses in responding to the voices of the people? Is it because of a capacity problem or something else? What is your view, Ko Nay Phone Latt?

NPL: In my opinion, the [Yangon] chief minister is only thinking of macro-level solutions. In his efforts to reduce traffic woes and improve road conditions, he only thinks of big solutions at the macro-level such as building elevated expressways, establishing new towns and broadening roads. He is only trying to do such things, but very weak in cooperating with people wherever possible at the micro-level. So, some criticize him as a big mouth, saying that he can only talk the talk. He could improve the traffic control system and make sure people follow traffic rules, for example in crossing roads. He could also instruct the [Yangon] mayor to repair the roads on a regular basis, if it is not possible to upgrade those roads. The mayor should inspect the roads, especially in the rainy season.

KZM: He should have done that before [rainy season].

NPL: Yes, he should. I understand that the problem of urban flooding can't be solved overnight. [The government] has borrowed loans, I think, from the World Bank to improve the city's drainage system. But it seems that he doesn't consider micro-level solutions that do not cost much and only looks at costly solutions.

KZM: That's the point. He talked about doing big projects but potholes in downtown roads have yet to be filled. He once said that he would turn Yangon into a green and pleasant city. It has been nearly three years since he said that. Lawmakers play a critical role in making the people's voices heard [by the government]. Ko Nay Phone Latt, what are the frictions between the Yangon regional government and Parliament? We've noticed there have been frequent tensions between the two that go beyond the limits of checks and balances. So, what are the problems?

NPL: Mainly, the two branches need to understand the responsibilities of each other. And they should respect those responsibilities. Only we lawmakers listen to the voices of people, live among people, and talk at Parliament about their needs either in the form of questions or proposals. [The government] should treat those questions and proposals as the wishes of the people. We are not talking about our personal thoughts. So, they should treat what we say as the voice of the people. As I've mentioned earlier, implementation does not follow the approval of proposals. Most of the ministers who come and answer questions at Parliament – I don't mean all – lack the energy to get things done. [When lawmakers ask a question or submit a proposal], the ministers ask their staff to do a report, and come and read that report at Parliament. There is no implementation. Some even said that it is easier "asked than implemented." This is their attitude toward lawmakers and I think it is wrong. It is difficult to get things done with such an attitude. We ask questions and proposals with the goodwill to facilitate the functions of the administrative branch and assist the branch in fulfilling the needs of the people, and make it get closer to the people. The government should adjust its attitude toward Parliament, I think.

KZM: Ko Khine Win, your institute has been conducting training on good governance. Good governance incorporates clean government with responsibility, accountability, transparency and such. Recently, the chief minister of Yangon came under fire for accepting donations of 20 million kyats from a Malaysian Chinese gambler who is blacklisted in Malaysia, China and Singapore. It was an absurd thing to do. Is it concerned with his accountability or capacity?

Khine Win: I saw this on Facebook. People said that the chief minister accepted the donations without conducting a background check. It seems that the chief minister always wants to meet businessmen. Apparently, there are many things that he wants to do for Yangon and he met and accepted this donation perhaps with the hope that it might be somewhat beneficial for the city. But he posted the photo of himself accepting the donation on his Facebook page. He is transparent. But considering other things, people pointed out that he is weak in terms of accountability and transparency in his communication with Parliament. People say that [ministers'] answers and proposals to Parliament are factually incomplete and [ministers] have disregard for Parliament as Ko Nay Phone has complained. It is good if a government can perform well. But besides its performance, we also want to establish democratic governance. We want that consultation be made with all the stakeholders in the process democratically. [The Yangon chief minister] is weak in that regard.

KZM: There is no end in talking about this issue. But speaking of Karenni State, its chief minister said that he would call in troops to quell disturbances related to a plan to erect a General Aung San statue in the state's capital. On Monday, the Tatmadaw [Myanmar Army] released a statement that the chief minister might have misinterpreted the [2008] Constitution to say that, and that he has no authority to do so, as it can be only asked by the National Defense and Security Council. What is your assessment of this? There is another problem connected with a chief minister regarding the erection of a bronze statue of Gen Aung San. Ko Khine Win, it is fair to say you are the grandson of Gen Aung San. There are many people in Myanmar who love Gen Aung San. But the erection of his statues, is it a problem as there is opposition against it? What is your take on it?

KW: There is a need to take ethnic regions and peace into consideration regarding the erection of statues. Yes, it is true that many love Gen Aung San. Ethnicities also love him. So, the [government] may think that it can do [put up Gen Aung San statues] anywhere in the country. In other words, it may think that it has legitimacy, thinking that the majority love and support Gen Aung San and the number of people who oppose him is small. Chaungzon Bridge in Mon State is another example of this. While the present time is important for peace, [the government] shouldn't exert the legitimacy, I think.

KZM: By legitimacy, you mean the legitimacy of the NLD, and what else?

KW: The legitimacy of NLD, the legitimacy of the government, and the legitimacy of people's love for Gen Aung San. Because of this legitimacy, the government thinks that an elephant can make its way through wherever it goes. In my view, loving Gen Aung San from the heart and following in his footsteps is more important than erecting his statues. This is also important for peace. Supporters of the statue in ethnic regions should reconsider, I think.

KZM: The NLD said that it is not its policy [to erect Gen Aung San statues]. The plan was initiated by supporters of Gen Aung San and the NLD, including NLD members and outsiders. They are trying to put up the statue. But then they met resistance. In the case of the bridge in Chaungzon, as it was named after Gen Aung San, it created intense controversy. Though the NLD leadership does not instruct people to do so, I think they have the responsibility to intervene if resistance stiffens. What do you think, Ko Nay Phone Latt?

NPL: It is civil society organizations as well as NLD chapters of concerned townships that are erecting the statues. I'm sure the [NLD] central executive committee has no policy regarding the erection of the statues. But then, when resistance arises as you've said, [NLD leadership] should say something. Now, statues are being erected against the will of local people. And some statues look disgraceful, I think. Some Gen Aung San statues were cast awkwardly, and this only creates disrespect. We have seen such statues on the social media. They do exist in the real world. This is not loving or honoring the general. Sometimes it [erecting a Gen Aung San statue] just serves against the wishes of the general. So, I think [the NLD leadership] should exert control to a certain extent. As Ko Khine Win said, it is more important to follow Gen Aung San's steps than erect his statues. Another thing is what he cherishes. What is certain is that he greatly valued democracy and a federal Union that guarantees equality and non-discrimination for the ethnicities. These are the two things he greatly valued. We should value these two things. We should not destroy what Gen Aung San valued for a statue. But it seems that it is being destroyed. I also feel the same regarding Chaungzon. It is like destroying a federal Union and national reconciliation to give the name [after Gen Aung San].

KZM: The essence of federalism and national reconciliation….

NPL: Yes, it [erecting a Gen Aung San statue against the will of locals] destroys the values and essence the general cherished. I think Gen Aung San would not accept it if he were still alive. I support erecting Gen Aung San statues. But there is a need to reconsider if they should be put up without the consent of locals and local ethnic people.

KZM: I think it is more important to love him from the heart and accept his policies than erect his statues. The [NLD] leadership should intervene. Otherwise,….. we have heard that somebody defaced the Gen Aung San statue in Myitkyina [in Kachin] with paint. We don't know who painted it. But anyway, we had never heard of such a case before. There is such a response because they don't like it.

KW: Rather than erect statues, a detailed and correct biography of him should be written.  His elder brother has written his biography. In fact, the government or people who love the general should make careful research and compile a detailed biography. It will be more valuable than erecting statues.

KZM: It is much cheaper. A bronze statue reportedly costs around 80 million kyats.

KW: It would be of more value to conduct in-depth research into his life and his principles and gather separate facts together so that everyone including students could read the detailed biography.

KZM: Some of our people by nature tend to be dogmatic with their opinions. Thank you for your frank comments.

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