Monday, January 8, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine


Netizen Sued After Criticizing Mon State Chief Minister on Facebook

Posted: 08 Jan 2018 04:08 AM PST

THATON, Mon State — A netizen was sued by a member of the Mon State ethnic affairs committee on Saturday after posting several posts critical of the Mon State chief minister.

U Aung Ko Ko Lwin, a Thaton local who uses the Facebook account Aung Ko Ko Lwin, posted a video clip of Mon State Chief Minister Dr. Aye Zaw's controversial remark last week urging the residents of Thaton Township to "eat only a dish of curry" at mealtime in order to bring down food prices.

"I don't know exactly what I was sued for, the video or other posts," U Aung Ko Ko Lwin told The Irrawaddy.

His other posts claimed that the chief minister turned a deaf ear to his demands during the Mon State authorities' meeting with Thaton residents last week as he asked the chief minister to install a transformer for the town's central market and LED signals at a railway crossing on the Yangon-Mawlamyine motor road where traffic accidents frequently occur.

"He didn't bother to reply. He was not dutiful," U Aung Ko Ko Lwin wrote.

He was sued by U Saw Kyaw Moe under Article 8(f) of a law protecting the privacy and personal security of citizens, new legislation that was enacted late last year.

No one shall unlawfully interfere with a citizen's personal or family matters or act in any way to slander or harm their reputation, states Article 8(f).

Violation of the law is punishable by up to three year's imprisonment plus a maximum fine of 1,500,000 kyats (US$1,100).

U Saw Kyaw Moe said he filed the complaint as a community elder of the town but not on behalf of the state government.

"They can talk freely on Facebook. We have always engaged in democratic causes. But his post is the negative use of freedom of expression. And other youths from our town have followed his footsteps and written similar posts," said U Saw Kyaw Moe.

"His negative criticism spoils the image of the town," he added.

In another post, U Aung Ko Ko Lwin complained about the irregular electricity supply to Thaton Market along with a photo of the Mon State chief minister and lawmakers having meals at a donation ceremony.

"You may be able to walk with your head held high during this term in Thaton, but if you go against the wishes of people, how can you greet them after this term expires?" he wrote.

Translated from Burmese by Thet Ko Ko.

The post Netizen Sued After Criticizing Mon State Chief Minister on Facebook appeared first on The Irrawaddy.

RCSS Postpones Shan National-level Political Dialogue

Posted: 08 Jan 2018 03:36 AM PST

YANGON – The Restoration Council of Shan State (RCSS), a signatory to the Nationwide Ceasefire Agreement (NCA), on Monday postponed the Shan national-level political dialogue, which had been scheduled for Jan. 12-14 in Langkho (Lin Khay/Langkhur).

In a statement, the RCSS said, "The prior public consultation meetings that had been held had been faced with various persecutions by the Tatmadaw [Myanmar's military], making it impossible for the people to freely and democratically express their will and fully discuss their opinions."

Public consultations were held in 14 of 55 townships in Shan State on Dec. 17-25, led by the Committee for Shan State Unity (CSSU), which is chaired by the RCSS. However, the meeting in Panglong on Dec. 17 was prevented from going ahead by the Tatmadaw, as was a later meeting in Tachileik Township. The Tatmadaw issued a letter prohibiting any meetings from being held on Dec. 19. Three days later, on Dec. 22, the Shan State Government revoked the instructions it had issued to district authorities to permit public consultation meetings. Consultations were canceled in Taunggyi, Kali, Kyaukme in Shan State and Mandalay.

In Panglong, according to the RCSS, "as the people were preparing to hold the public consultation, the Tatmadaw came in and blocked the meeting, fully armed with war weapons as if to seize an enemy stronghold – an incident that has left a permanent black mark in the history of the Union."

As a result of the Tatmadaw's actions, which included blocking the last prior public consultation meeting at Taunggyi on Jan 7-9, the RCSS/SSA-S (Shan State Army-South) "has decided to temporarily postpone" the proposed National Political Dialogue of Shan Nationalities said, Lt-Col Sai Oo, a spokesman for the RCSS.

Not holding the Shan national-level dialogue in Langkho means the group won't be able to raise its recommendations at the upcoming Union Peace Conference – 21stCentury Panglong (UPC), the spokesman told The Irrawaddy.

"As we have been unable to hear all of the public's views, we will not compile recommendations for the UPC," he said, adding that the group would hold further internal discussion on whether to join the UPC.

The RCSS claimed consultations both inside and outside of Shan State were "held with the approval of the Government and in line with the Union-level Bilateral Agreement," which it signed on Jan. 2012.

In accordance with the implementation process of the national level political dialogue, it is necessary to hold prior public consultation meetings with all the Shan communities living in various parts of the Union, the RCSS said.

"The holding of the public consultation meeting, prior to the National Political Dialogue of Shan Nationalities, at Taunggyi, which is the capital of Shan State, is very important in terms of the historical traditions of the entire Shan nation; in terms of political dignity, national equality, legitimacy of national political dialogues and trust building," it said.

Despite being an NCA signatory, the RCSS has been involved in at least 25 armed clashes with the Tatmadaw since signing the agreement on Oct. 2015.

"Military tensions have also been high in Shan State's RCSS-controlled territories since our preparations began for the ND [national level dialogue]. Fighting has been frequent from last month through Monday," said the spokesman, though the clashes have been in remote areas. Two clashes were reported on Saturday morning in Mai Buu Gyi village in Mongpyin, near Keng Tung.

In the first week of January, RCSS troops were attacked by Tatmadaw soldiers in Loi Len and Mong Pyin townships in southeastern Shan State, said Lt-Col Sai Oo. He said about 80 troops from two Tatmadaw battalions attacked four RCSS soldiers in Naung Lai village tract in Loi Len on Jan.3.

Clashes over territory in Mongpyin were reported in May 2017, and there were interventions from the Joint-Ceasefire Monitoring Committee last year.

The post RCSS Postpones Shan National-level Political Dialogue appeared first on The Irrawaddy.

What is the NLD Doing for Political Prisoners?

Posted: 08 Jan 2018 02:26 AM PST

It was Jan. 4, 2018. As it was also the 70th anniversary of Myanmar's independence, I could not help thinking about my days in prison. Independence Day is one of the special occasions each and every prisoner looks forward to with high hopes.

That is because of a custom of granting amnesty to prisoners and reducing jail sentences on every anniversary.

Everyone who has had to spend part of his or her life in prison knows how it feels. Prisoners cannot help feeling grateful to the government when they see some of their fellow inmates walk out of prison on such occasions, even if they themselves are not released. It is a fine practice among prisoners, despite being anti-government activists, to praise and thank the government for granting them amnesty.

Such days give hope to all types of prisoners. It is also a common practice among prisoners as these days approach to ask prison authorities for any unusual news from the outside.

All inmates look forward to these days because death sentences can be commuted, long sentences can be reduced and those about to complete their terms may be released.

I had not heard of anyone being released from prison under a general amnesty as I was writing this piece on Jan. 5. When I asked the Assistance Association for Political Prisoners (AAPP) about it, they said they had not heard of any releases either.

I could not help but empathize with the political prisoners in jails across Myanmar. They were surely extremely disappointed as their hopes were dashed. They have pinned all their hopes on such occasions.

When I saw that the government was organizing a grand New Year's alms-offering ceremony and Dhamma talks attracting more than 100,000 devotees, I was confident there would be something for prisoners. I later came to learn that I had been completely wrong.

Back when the government's ranks had no ex-political prisoners, amnesties and commuted sentences came every year. Former political prisoners were even allowed to form a committee to identify current political prisoners with the aim of getting them released.

A lot of political prisoners were freed this way. It has also become the norm for other inmates to be released alongside the political prisoners.

That is why I was confident that a government led by a party of former political prisoners would release the political prisoners left.

My expectations have proven to be wrong. It has been a long time since I last heard anything about political prisoners being identified. There are still about 100 political prisoners left in Myanmar, according to organizations of former political prisoners such as the AAPP.

The AAPP has even gone to the trouble of tracking down the original dossiers of the accused to identify people as political prisoners before adding them to its list. It found many cases in which what happened had nothing to do with the laws under which the victims were charged. The charges were fabricated intentionally to put the dissidents in prison, making it impossible to know if they are guilty or innocent based on the charges. The AAPP has carried out a thorough investigation to come up with a detailed list.

It was also revealed that there are about 120 lawmakers in the Union Parliament who were once political prisoners. There is no doubt that former political prisoners can empathize with their peers still behind bars. However, the question is why the representatives have not been able to help them. Why have they not tried to help them?

When I attended a ceremony to mark Independence Day at the headquarters of the NLD about 10 years ago, I was offered a badge with the name of a political prisoner on the back. When I asked about this, the party said it had chosen by lot a political prisoner for me to help.

The back of my badge said “Ma Khin Htar in Dawei Prison.” I was not able to help her because I myself soon became a political prisoner.

However, about two years after I was sent to prison a lady approached my family offering to help me because I had been chosen by lot for her. After consulting with my family, she sent me books to read in prison.

Such help can be of great benefit to a person in prison. It can give an inmate hope and strength. I later learned that the lady, Daw Sabel, had taught my son and daughter-in-law, and she has felt like a member of the family ever since.

I am deeply sad that the help and assistance the NLD offered when it was an opposition party disappeared after it came to power. I am just sad because I have not been able to find out why that has been so.

I believe the government has complete authority to release political prisoners. I am confident that no one can prevent it from, and interfere with it in, exercising that authority. It would be very ugly to write a history that says that about 120 former political prisoners were not able to come to the rescue of about 100 political prisoners behind bars.

What has been happening? Could you please help me find the answer?

 Sai Nyunt Lwin is the secretary general of the Shan Nationalities League for Democracy.

The post What is the NLD Doing for Political Prisoners? appeared first on The Irrawaddy.

Anti-Corruption Commission Encourages Public to File Complaints

Posted: 08 Jan 2018 01:57 AM PST

NAYPYITAW — Members of the public can complain, but with clear evidence, about civil servants who are wealthier than their pay scale would warrant, said Anti-Corruption Commission spokesperson U Han Nyunt.

The spokesperson urged the public to file complaints, but reminded them that adequate evidence was needed for action to be taken against corrupt officials and also to protect plaintiffs from a countersuit.

"If directors-general and directors take bribes, concerned ministers can take action against them. If ministers are corrupt, the president can directly take action," U Han Nyunt told reporters during the commission's press conference in Naypyitaw last week.

"If a director-general has become extremely rich, the minister must take action. If the minister doesn't take action, a complaint can be filed. But the complaint can't be sent anonymously," he added.

Under the current Anti-Corruption Law, the commission tasked with fighting graft is not authorized to take action against corrupt officials unless someone files a complaint. The commission will propose that Parliament amend the law so that it can use its discretion to punish corrupt officials.

U Aung Kyi, the ex-general and information minister in U Thein Sein's administration, is taking charge of the anti-corruption commission, which was reconstituted in November by the National League for Democracy (NLD)-led government.

The Orchid Hotel in Yangon filed a complaint with the former commission led by U Mya Win against a department head of the Ministry of Hotels and Tourism for demanding 10 million kyats (US$7,500) grease money from the hotel, but to no avail, said hotel owner U Htay Aung.

"We were told that our evidence was not adequate and the investigation has been delayed. And we are being troubled by that official. So, we plan to file a complaint again," U Htay Aung told The Irrawaddy.

Director-general of the Anti-Corruption Commission U Htin Kyaw said that dozens of corrupt directors-general, rectors, directors and police officers were punished under the 2013 Anti-Corruption Law since the commission was formed in 2014.

He also admitted that the commission failed to properly inform the public regarding punishment of corrupt officials.

Ranks below permanent secretaries in ministries including directors-general are not required by law to disclose their possessions, but ministers, deputy ministers and similar ranks have to disclose their possessions to the President's Office, said U Han Nyunt.

"I had to disclose my possessions after I became a member of the Anti-Corruption Commission. Even the [former president] had to disclose his possessions to parliamentary speakers in a sealed letter," he said.

Former lawmaker U Ye Htun stressed the importance of providing compelling evidence in filing complaints as plaintiffs can be counter-accused of defamation if evidence is inadequate.

The commission currently has 392 complaints to handle including complaints against judges, said U Han Nyunt. Complaints primarily involve corruption and land disputes.

"We have also tried to take action against corrupt judges. But there are many cases in which they fled just before we investigated them," he said.

As its first step to root out bribery and corruption in the country, the commission will cooperate with the United Nations Office on Drugs and Crime to organize a paper reading session on fighting corruption in Yangon from Jan. 22-23.

Translated from Burmese by Thet Ko Ko.

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ARSA Claims Recent Attack in Northern Rakhine

Posted: 08 Jan 2018 12:33 AM PST

YANGON — The Arakan Rohingya Salvation Army, a Muslim militant group behind a series of attacks on government security outposts in northern Rakhine State in August, claimed responsibility for an ambush that injured six government troops last week in the restive area.

In the latest attack since a unilateral ceasefire in October, a civilian vehicle carrying six soldiers and an army officer were blasted by what was thought to be a remote-controlled landmine in northern Maungdaw Township on Friday morning.

The explosion was reportedly followed by an ambush carried out by gunmen apparently positioned on a nearby hill. The attack injured six soldiers and a civilian driver.

On Sunday, ARSA released a statement on Twitter, saying it was behind the attack.

"The Arakan Rohingya Salvation Army (ARSA) hereby declares that we carried out an ambush against the Burmese terrorist army in Turaing Village, San Kar Pin Yin Village Tract, Northern Maungdaw Township, Arakan State at around 10:00 AM on 05 January 2018," said the statement.

After the attacks in August, the Myanmar government denounced the militant group as a terrorist organization. The government army then launched clearance operations in the area, leading to the exodus of more than 650,000 Rohingya Muslims to nearby Bangladesh.

Internationally, the army was accused of ethnic cleansing and arbitrary killings, rape and arson. Myanmar Military Chief Snr-Gen Min Aung Hlaing denied these allegations.

In the Sunday tweet, ARSA said "the Burmese terrorist government and the Burmese terrorist army have never stopped committing acts of Terrorism, War Crimes, Genocide and Crimes against Humanity against innocent Rohingya Indigenous native ethnic community of Arakan State."

The Rohingya are not listed in Myanmar's 135 official ethnic groups, and the majority of the country believes they are 'Bengali,' illegal immigrants from Bangladesh.

Calling the clearance operations "state-sponsored terrorism," ARSA said it is left with no choice but to fight back to defend the Rohingya.

"Last but not least, it is extremely pertinent to note that Rohingya people must be consulted in all decision-making that affects their humanitarian needs and political future."

U Maung Maung Soe, a Yangon-based political analyst, told The Irrawaddy that ARSA seemed to derail the repatriation process between Myanmar and Bangladesh that was scheduled for later this month.

"It's likely that the attack may pose an intimidation for those who want to come back," he said.

ARSA previously said that it was open to a ceasefire. This was dismissed by both the government and the army.

Government spokesperson Zaw Htay previously stated: "We have no policy to negotiate with terrorists" while defense minister Lt-Gen Sein Win said, "No government negotiates with terrorist groups. We dismiss them [ARSA]."

U Zaw Htay told The Irrawaddy on Monday that the government has found out that the attack was aimed to jeopardize the repatriation process, and terrorists will be responded to as they are.

"We have ordered that they be responded to in line with the law. If they launch further attacks, they will face what they deserve," he said.

He also urged the international community to see ARSA as a terrorist organization and to neither support it politically nor financially.

"The government is trying to solve the problem out there. If you support ARSA, our effort there will be hindered," he said.

The post ARSA Claims Recent Attack in Northern Rakhine appeared first on The Irrawaddy.

Head of New Crisis Panel Urges Access to Rakhine State

Posted: 07 Jan 2018 11:53 PM PST

BANGKOK—Humanitarian workers and journalists should be given free access to Rakhine State, where violence has prompted some 650,000 Rohingya Muslims to flee to Bangladesh, the head of a new international advisory panel on the crisis said.

Surakiart Sathirathai, a former Thai foreign minister, also expressed concern at the arrest of two Reuters reporters last month and said he hoped the case did not lead to broader restrictions on the international media.

"I think press and humanitarian access to Rakhine are important issues as well as free access to other stakeholders," said Surakiart in an interview in Bangkok. "Legitimate press coverage is something that should be enhanced."

Myanmar has severely curtailed access to Rakhine, where an army operation in response to attacks by Rohingya insurgents has been condemned by the United Nations as ethnic cleansing—an accusation rejected by the Buddhist majority country.

Surakiart, 59, was chosen last year by State Counselor Daw Aung San Suu Kyi to head a 10-member board that will advise on how to implement the recommendations of an earlier commission headed by former UN secretary-general Kofi Annan.

Allowing free media coverage was one of the specific recommendations in the 63-page report from Annan's commission, which was appointed by Daw Aung San Suu Kyi in 2016 to investigate how to solve Rakhine's long-standing ethnic and religious tensions.

Reuters reporters Wa Lone and Kyaw Soe Oo, who had worked on coverage of the crisis, were arrested in Yangon on Dec. 12 on suspicion of violating the Official Secrets Act.

Surakiart said he had raised concerns about their case with Daw Aung San Suu Kyi's national security adviser Thaung Tun. He said he had asked for the case to be dealt with transparently and been assured that proper legal procedures would be followed.

"I hope that this would not snowball in adverse directions for both the international press and the Myanmar government," Surakiart added. "I hope the case will not lead to the Myanmar government not welcoming the international press. I want this to be a specific case and hope for a quick resolution to it."

Bridging the Gap

The Annan-led panel delivered its recommendations—which also included a review of a law that links citizenship and ethnicity and leaves most Rohingya stateless—just before insurgent attacks on security posts on Aug. 25 triggered the latest crisis.

Surakiart said there were concerns over the repatriation of those who had since fled to Bangladesh and that the advisory board would need to find an approach to ensure people could return without fear, even if they were not recognized by existing law as Myanmar citizens.

The State Counselor has faced international criticism for perceived inaction over the crisis in Rakhine, but Surakiart said she was constrained by domestic politics.

Buddhist nationalism has surged in Myanmar in recent years, and the army campaign has wide support.

"Aung San Suu Kyi tried to address the issue by trying to build consensus from within rather than finger-pointing," said Surakiart.

"There is a big gap between domestic and international interpretations of the situation in Rakhine. If we can't bridge this gap then it will be an obstacle for all of us who want to improve the situation."

The former Thai foreign minister also said his advisory board would seek to engage with all groups in Rakhine, including the military.

"The advisory board is not a mouthpiece to anyone," Surakiart said. "We are not a spokesperson for Myanmar or the international community."

The board, which is made up of five members from Myanmar and five international appointees including veteran former US politician and diplomat Bill Richardson, will meet the Myanmar government on Jan. 22 in the capital Naypyitaw before making its first trip to Rakhine on Jan. 24.

"I do not want the advisory board to be just a talking shop," Surakiart said. "We want to help bring about tangible progress."

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Iranian Oil Tanker Still Ablaze as Rescuers Search for Missing Mariners

Posted: 07 Jan 2018 08:42 PM PST

BEIJING/SEOUL — A tanker carrying Iranian oil that collided with a Chinese freight ship in the East China Sea on Saturday was still ablaze on Monday morning, a South Korean coast guard official said, as emergency rescue teams continued to search for the missing crew.

The US Navy sent a military aircraft to assist with the search, which spanned an area of about 3,600 square nautical miles (12,350 sq kms), but said in a statement it did not locate any of the tanker’s 32 missing crew members.

The Sanchi tanker, run by Iran’s top oil shipping operator, collided with the CF Crystal about 160 nautical miles off China’s coast near Shanghai and the mouth of the Yangtze River Delta on Saturday evening.

Chinese state media CCTV showed pictures on Sunday of the tanker ablaze and billowing plumes of thick dark smoke. China sent four rescue ships and three cleaning boats to the site, while South Korea dispatched a ship and a helicopter.

The Panama-registered tanker was sailing from Iran to South Korea, carrying 136,000 tons of condensate, an ultra light crude. That is equivalent to just under 1 million barrels, worth about $60 million, based on global crude oil prices.

The freight ship, which was carrying US grain, suffered limited damage and the 21 crew members, all Chinese nationals, were rescued.

The extent of the environmental harm and size of the spill were not yet known. But based on the tonnage the tanker was carrying it has the potential to be the worst since 1991, when 260,000 tons of oil leaked off the Angolan coast.

Hanwha Total Petrochemical Co Ltd in South Korea was due to receive the cargo and was looking at ways to replace the lost barrels, a spokesman said.

The company may use its own stock, ask Iran for another cargo or seek alternative condensate supplies from Qatar, he said. The accident was not affecting its operations on Monday, he said.

Colorless, Odorless and Harmless

Bad weather on Sunday night made it hard for the rescue crews to get access to the tanker.

Trying to contain a spill of condensate, which is extremely low in density, highly toxic and much more explosive than normal crude, may also be difficult.

It is only liquid in certain pressure and temperature conditions and often evaporates into air or dilutes into water when exposed to the atmosphere or spills uncontrolled.

When liquid, condensate is colorless and virtually odorless. Surface spills of condensate are therefore difficult to detect visually, making them hard to manage and contain.

Tankers also carry shipping fuel, known as bunker, which is extremely heavy and toxic when spilled, though much less explosive.

Shanghai Maritime Bureau’s navigation department said the collision did not affect traffic in and out of Shanghai, one of the world’s busiest and biggest ports, or ports along the Yangtze river.

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BBC Editor Quits China Post Over Pay Discrimination

Posted: 07 Jan 2018 08:12 PM PST

BEIJING — Carrie Gracie, the China editor for Britain's public broadcaster the BBC, has resigned from her post in Beijing due to pay disparities with her male colleagues, according to an open letter she wrote.

The BBC has come under fire recently for paying male employees more and has pledged to close the gender gap by 2020.

In July, it revealed as part of a funding settlement with the government that it paid its then top male star five times more than its best-paid female presenter, and that two-thirds of on-air employees earning at least 150,000 pounds ($203,500) were men.

In a letter published on her personal blog on Sunday, Gracie said there was a "crisis of trust" at the broadcaster, where she has worked for 30 years, and that it was "breaking equality law and resisting pressure for a fair and transparent pay structure."

The BBC had four international editors, two men and two women, of which she was one, she said.

When the BBC revealed top salaries as part of last year's settlement, Gracie said she learned that the two men made at least 50 percent more money than the women in those roles.

She said she had since been offered a pay increase that remained "far short of equality" and left her post in Beijing last week, returning to her former job in the BBC TV newsroom.

"The BBC must admit the problem, apologize and set in place an equal, fair and transparent pay structure," she said, calling for an independent arbitration to settle individual cases at the broadcaster.

The BBC cited a BBC spokeswoman as saying that "fairness in pay" at the corporation is "vital," and that an audit of pay for rank and file staff led by an independent judge found there was "no systemic discrimination against women."

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Friends of Detained Reuters Reporter Pray for His Release

Posted: 07 Jan 2018 08:07 PM PST

YANGON — Friends of Reuters reporter Wa Lone gathered on Sunday at one of the main Buddhist pagodas in Myanmar's commercial capital Yangon to pray for his release from prison, where he has been held with a colleague on suspicion of violating the Official Secrets Act.

Journalists Wa Lone, 31, and Kyaw Soe Oo, 27, were detained on Dec. 12. They had worked on Reuters coverage of a crisis in the western state of Rakhine, where an estimated 655,000 Rohingya Muslims have fled from a fierce military crackdown on militants.

The two are due to appear in court on Wednesday. It will be their second appearance in court and the prosecutor could request that charges are filed against them.

"We miss him and want him to be free," said Thant Zin Soe, among a group of about a dozen of Wa Lone's friends who knelt beneath the Sule Pagoda's towering golden stupa, hands clasped before them, to chant a special Buddhist mantra.

"We believe that this mantra will set them free, that's why we're reciting it."

In Myanmar, which is still in transition after almost half a century of strict military rule, shows of support for journalists and others who run afoul of the authorities are not common.

Last week, a government spokesman, when asked about a campaign of support for the two reporters on social media, said people should not undertake such efforts while a case was being heard in court.

Thant Zin Soe said he did not want to comment on the circumstances of the reporters' arrest, except to say: "It's not a good thing to hear that a reporter got arrested when he was doing his job."

"We’re marching towards democracy, it's not a good thing for the democratization process."

The post Friends of Detained Reuters Reporter Pray for His Release appeared first on The Irrawaddy.