Saturday, March 24, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine


This Week in Parliament (March 19-23)

Posted: 23 Mar 2018 08:20 PM PDT

Monday (March 19)

The Union Parliament approved more than 6.4 billion kyats (US$7.8 million) for the Ministry of Transport and Communications to monitor the internet for people who use it to "harm the stability" of the country. The Social Media Monitoring Team was formed with the approval of the Union government in February to identify those who instigate political instability on the Internet and social media.

Tuesday (March 20)

The Union Parliament passed the draft Union Taxation Law 2018, agreeing that a separate law would be required for taxation on income from unidentified sources. According to the law, anyone with a minimum annual income of 4.8 million kyats is liable to pay income tax.

Wednesday (March 21)

Lower House Speaker U Win Myint resigned from his post shortly after President U Htin Kyaw's sudden departure the same day, prompting speculation that he will be Myanmar's next president.

Thursday (March 22)

U T Khun Myat, an ex-lawmaker of the Union Solidarity and Development Party was elected as the Lower House speaker, and U Tun Aung aka U Tun Tun Hein of the National League for Democracy as the deputy speaker. Having stepped down as president before serving his full term and without citing ill health, outgoing president U Htin Kyaw is not entitled to a pension or gratuity, according to lawmakers.

Friday (March 23)

U Win Myint, who resigned as the Lower House speaker on Wednesday, and U Thaung Aye of Pyawbwe Township were nominated to be vice-president. U Win Myint was elected as the third vice-president, one of the three to then be voted the next president.

The post This Week in Parliament (March 19-23) appeared first on The Irrawaddy.

‘If an Ethnic Group is Excluded, We Can’t Say the Peace Process is Complete’

Posted: 23 Mar 2018 08:11 PM PDT

Kyaw Kha: Welcome to Dateline Irrawaddy! This week, we discuss the latest developments in Myanmar's peace process. Vice-chairman Ko Myo Win of the All Burma Students' Democratic Front (ABSDF), and political and ethnic affairs analyst U Than Soe Naing join me for the discussion. I'm The Irrawaddy Burmese edition chief reporter Kyaw Kha.

U Than Soe Naing, which stage has Myanmar's peace process reached? Considering the fresh clashes, is it reversing or has it stalled?

'If an Ethnic Group is Excluded, We Can't Say the Peace Process is Complete'

'If an Ethnic Group is Excluded, We Can't Say the Peace Process is Complete'The peace process appears stuck and at risk of giving up hard-won gains. Dateline Irrawaddy discusses what needs to be done to turn the momentum around.

Posted by The Irrawaddy – English Edition on Friday, March 23, 2018

Than Soe Naing: For the time being, it is fair to say that the peace process has stalled. The [third session of] the Union Peace Conference—21st Century Panglong—has been put off three times now. The government said that it would be held in early May, but the preconditions have not been fulfilled. There is a big hurdle facing signatories to the Nationwide Ceasefire Agreement (NCA) holding national-level political dialogue. This problem has not yet been solved. And as long as this problem remains unsolved, there is no way the third session of the 21st Panglong Conference can be held. I don't know whether I would call this stalled or in reverse, but clashes are still going on between the Northern Alliance and the military. Overall, the peace process is stalled rather than making progress, and there is a need for greater efforts.

KK: Ko Myo Win, why do you think has this happened?

Myo Win: The peace process is broad, and there are two main parts — cooperation between NCA signatories and the government on implementation of the NCA, and secondly, negotiations between non-signatories and the government, as total inclusiveness is vital for the peace process. Assessing both parts, (progress has) not been satisfactory, but has stalled, as U Than Soe Naing has assessed. The implementation of the NCA has stalled, and so has the communication and negotiation between NCA non-signatories and the government. But then, it is notable that the New Mon State Party (NMSP) and Lahu Democratic Union (LDU) recently signed the NCA, which had already been signed by eight ethnic groups. The peace process is based on the NCA. But signing the NCA is not the end. It is just a step to solve political problems through dialogue.

KK: You belong to an NCA signatory group. As everyone knows, there are obstacles to implementing the NCA for the time being. What are the major hurdles?

MW: There are three parts to implementing the NCA. The first is to make sure no more clashes happen. The Joint Ceasefire Monitoring Committee (JMC) was formed to handle this. Another part is the Union Peace Dialogue Joint Committee (UPDJC), which is responsible for holding the Union Peace Conference. The third part concerns implementation of plans during the period from the ceasefire to the peace conference, which has not yet been done. There are problems with all parts. Even two years after forming the JMC, not all the provisions of the NCA have been implemented, such as deployment of troops and designation of territories. Because of this, there were clashes with the RCSS [Restoration Council of Shan State], and more recently with the KNU [Karen National Union]. This shows that the JMC can't still be implemented according to the NCA. When there are military problems, political problems also arise since they impact each other. When there is political trust and agreement, there will be military trust. But, there have still been no significant results in the political dialogue.

KK: What is the cause of this? Is it the problem of the military or the government or the ethnic armed groups?

MW: It depends on various factors. Mainly, the political landscape had changed since the 2015 election. Under the U Thein Sein government, the government and Tatmadaw were considered to be the same entity. But under the government of the National League for Democracy (NLD), they are not on the same side. There is also a problem with relations among the ethnic armed groups. Under the U Thein Sein government, ethnic groups formed the NCCT [Nationwide Ceasefire Coordination Team] and SDs [Senior Delegations] to hold talks with the government. After the NCA was launched, the ethnic armed groups could be divided into two groups — NCA signatories and non-signatories. They were further divided into the bloc of eight NCA signatories, and UNFC [United Nationalities Federal Council] and the Northern Alliance. So, there are different blocs among the ethnic armed groups. This is also a problem for the peace process.

KK: Talking of the peace process, we can't leave out the FPNCC [Federal Political Negotiation and Consultative Committee] led by the UWSA [United Wa State Army]. What are the barriers for them to join the peace process?

TSN: The FPNCC rejected signing the NCA, saying it would take a different route from the NCA. This has made it difficult for both the government and Tatmadaw to continue the peace process. Zhao Guo-ann, the head of the UWSA delegation to the second session of the Panglong Conference, said that they would take a different path because the NCA signatories had experienced troubles and they did not consider the NCA as comprehensive.

Though the FPNCC talked about a different political approach to the NCA, their approach is 70 percent the same as the NCA. They would attend the 21st Century Panglong Conference and participate in political dialogue.

KK: But without signing the NCA.

TSN: Yes, that is the problem. They don't oppose the NCA, but would take a different approach. They also want to participate in the 21st Century Panglong and hold national-level political dialogue as stated in the NCA roadmap. So, we can't say they are totally against the NCA. But we all understand that not opposing the NCA is different from accepting the NCA. But the problem is that NCA non-signatories are barred from attending the 21st Century Panglong Conference. This has caused problems for the Wa and for Mongla [National Democratic Alliance Army]. They didn't participate in negotiating, drafting or signing the NCA. But, they had already signed a Union-level ceasefire agreement. That Union-level agreement is enough for a ceasefire, and the NCA is another step for peace. But, as NCA non-signatories they are not allowed to join the peace process, which has created a problem for the FPNCC.

KK: Now NCA signatories like the RCSS, Arakan Liberation Party [ALP], and New Mon State Party [NMSP] have had troubles in holding public consultations prior to the national-level political dialogue. As the national-level political dialogue could not be held, the 21st Century Panglong has been put off several times. What is the likelihood of the 21st Century Panglong Conference being held without political dialogue? Signatories will have nothing to discuss at the Panglong Conference if the political dialogue is not held.

MW: That's why I said there is a need to review the negotiation process. There are different negotiation methods in the peace processes used by international countries. And we have to adopt a method that fits our country. Maybe you have noticed that the Northern Alliance expressed their stance in the second session of the Panglong Conference. Their negotiation method is simple: Only ethnic armed groups and the government can hold political dialogue, and there is no national-level political dialogue [to be organized by ethnic armed groups in their regions as stated in the NCA]. Political parties will not be involved. The talks will be between the ethnic armed groups and the government only. Then any agreement will be submitted to the Union Parliament for approval. Then, they will amend the [2008] Constitution as necessary. This is the negotiation method proposed by the Northern Alliance. But according to the NCA, national-level political dialogue must be held with the participation of the public, and the results will be sent to and discussed by the working committee of the UPDJC, and then the Union Accord will be signed. But what has happened is the peace process is now stuck over the negotiation method. The problem is not yet about political disagreements over federalism and democracy, but still about how the political negotiations should be held. The problem is still about the process and not yet about the substance. Nothing has been discussed yet, and the process is stuck in disagreement over negotiation methods. Frankly speaking, I think there is a need to review how the political negotiation should be held.

KK: As everyone knows, the peace process has failed to make progress under the NLD-led government as was expected. Given the current situation, the trend is not good. What preconditions are needed for the peace process to move forward smoothly? For example, agreement between the military and the government or tripartite talks? What do you think?

MW: First of all, it needs the clashes to end. It needs trust to be built with both NCA signatories and non-signatories. Political dialogue will not be successful without trust. Clashes break out as trust is being built. For non-signatories to sign the NCA, first of all, they must have trust in the NCA. But as U Than Soe Naing has pointed out, even the NCA signatories are reviewing the implementation of the NCA. It is worse for NCA non-signatories. The most important thing is the clashes must end, and the government must negotiate thoroughly to halt the clashes. After the clashes stop, political agreement on the NCA must be strictly and systematically implemented. The pledges made during negotiation for the NCA must be fulfilled. The problem is that agreements on the NCA have not yet been implemented.

KK: What is the precondition for peace process to make progress under the NLD-led government?

TSN: The peace process has stalled as NCA signatories are not satisfied with the implementation of the NCA. What is more important is we need to find an opportunity to hold talks with the FPNCC. As I've said, they don't oppose the NCA, but they want to participate in the 21st Century Panglong. And we need to create a setting for them to join the peace process. Restriction won't work. No matter which group is excluded, the peace process will never end. Especially, if an ethnic group is excluded, we can't say the peace process is complete. [The military] is still clashing with five ethnic armed groups in northern Myanmar. We need to remove all those obstacles that restrict them from joining the peace process. The FPNCC said they would meet the government together as a group. But the government insists it will only meet them separately. It is not a political problem, but a problem of negotiation method. If [the government] can change that, talks can be held with the Wa and Mongla as well as the KIO [Kachin Independence Organization]. For that to happen, first of all, there must be a ceasefire. Military operations and clashes must halt. The key to this is a frank discussion between Daw Aung San Suu Kyi, who is leading the peace process, and Snr-Gen Min Aung Hlaing, who is the chief of the Tatmadaw. I think there are problems with the national-level political dialogue because there is no frank discussion between them. The national-level political dialogue is a mandatory part of the NCA. But when political dialogue is held, the Tatmadaw has raised objections in several places, and then general administration departments have followed suit. Public consultations are a mandatory step. Without them, [the discussions at the 21st Century Panglong] are meaningless. But there are doubts and mistrust about implementation of the NCA. And it is the responsibility of Daw Aung San Suu Kyi and Snr-Gen Min Aung Hlaing to handle them. If the two discuss those issues frankly, I believe the way the peace process is being implemented now can be changed so that it can move forward.

KK: Thank you for your contributions!

The post 'If an Ethnic Group is Excluded, We Can't Say the Peace Process is Complete' appeared first on The Irrawaddy.

Analysis: From Militia Leader to House Speaker

Posted: 23 Mar 2018 07:43 PM PDT

YANGON – The move by Myanmar's de facto leader Daw Aung San Suu Kyi to help a former militia leader with a shady past grab the position of lower house speaker caused political analysts to rub their eyes in disbelief and stoked a heated public debate on social media after the results of the secret parliamentary vote become known on Thursday.

Yesterday morning, the lower house held an election for its vacant speaker seat after the incumbent, U Win Myint, resigned in order to contest the presidential post along with the two vice presidents, former Lt. Col Myint Swe and Henry Van Thio, following U Htin Kyaw's resignation from the country's top official post on Wednesday.

Up until the last minute, senior members of the National League for Democracy (NLD) were telling some local publications that central committee member U Tun Tun Hein, a lower house MP from the Naung Cho constituency in Shan State, deserved the House speaker's post.

However, when the NLD parliamentarians submitted two nominees to the Lower House's patron, U Tun Tun Hein's name was not on the list, while deputy speaker U T Khun Myat, an independent representing Kutkai constituency in Shan State, and U Thaung Aye of Pyaw Bwe constituency in Mandalay division were.

Surprisingly, the NLD lower house MP Daw Khin San Hlaing had nominated U T Khun Myat for the job, while not so surprisingly, the Union Solidarity and Development Party (USDP), the National League for Democracy's main political rival, had pushed its man, U Thaung Aye.

With the support of the NLD's parliamentary majority, U T Khun Myat thus was named the new house speaker, while U Tun Tun Hein was elected to the deputy house speaker position. The Irrawaddy has learnt that several NLD lawmakers published status posts on their Facebook accounts that were harshly critical of the nomination of U T Khun Myat rather than publicly express their points of view.

Who is U T Khun Myat?

U T Khun Myat, a Christian ethnic Kachin also known as Jeffery, was born in 1950 in Kutkai Township in Shan State. According to his parliamentary record, he earned a Bachelor of Law degree from the University of Distance Education in Yangon and was employed as an interim part-time lawyer in 1975.

From 1990 to 2010, he served as director-general of the Office of the Attorney General while leading the People's Militia in Kutkai Township under the supervision of the military's North-East division commander. According to some accounts, the militia is still active in the region.

U T Khun Myat was also a member of the 2008 constitution-drafting board and a member of the 2008 constitutional referendum commission, the same year that Tropical Cyclone Nargis caused devastation throughout much of the country, and killed more than 10,000 people.

U T Khun Myat contested the 2010 election on the Union Solidarity and Development Party (USDP) ticket, as an executive member in northern Shan State, and secured a lower house seat while the NLD boycotted the poll on the grounds that the electoral laws were unjust. He was also chairman of the Committee on Bills in the lower house, a body that was empowered to make draft legislation and amend or repeal outdated laws, and which assisted former lower house speaker Thura U Shwe Mann.

As a former militia leader, U T Khun Myat allegedly oversaw opium fields in several areas under his group's control in northern Shan State, including Marsong, Kampapo and Mankaw, Hpapyae, Kyankar, Loingo, and Loinang, In a Shan Drugs Watch report in 2011, U T Khun Myat was dubbed one of the modern druglords in parliament who had allegedly entered the illicit trade following the retirement of the notorious warlord Khun Sa in Shan State.

U T Khun Myat was also a shareholder in Myanmar Mayflower Bank (MMB), which was accused of laundering money for narcotics traffickers and was shut down by the military government in 2005. According to some reports, his militia forced civilians to vote for his ballot in the 2010 election.

Thura U Shwe Mann, centre, looks towards NLD leader Daw Aung San Suu Kyi, while U Win Myint, second left, and U T Khun Myat, second right, pose for a photo before their meeting at the Lower House of Parliament in Naypyitaw on Nov. 19, 2015. (REUTERS)

The power behind the throne 

Despite the serious nature of the allegations, U T Khun Myat twice won parliamentary seats, in the 2010 and 2015 elections. His fate changed drastically in late 2015 when his political patron, the former lower house speaker Thura Shwe Mann became embroiled in a toe-to-toe fight for influence against former president U Thein Sein and was purged from the party due to the internal divisions the power struggle was causing.

Thura Shwe Mann then appears to have become a close ally of Daw Aung San Suu Kyi as the opposition party won a landslide victory in the 2015 general elections. He was appointed by Daw Aung San Suu Kyi as the head of the Commission for the Assessment of Legal Affairs and Special Issues in February 2016. And then, during the formation of the union cabinet and parliaments, Thura Shwe Mann recommended the State Counselor appoint T Khun Myat to be deputy house speaker of the lower house.

During his final press conference as lower house speaker in January 2016, Thura Shwe Mann acknowledged that he had helped Daw Aung San Suu Kyi secure a private meeting with ex-dictator Than Shwe in December 2015. He also confirmed that he had recommended the NLD nominate U T Khun Myat for the deputy house speaker's post and expressed his view that the nominee deserved the post as he had successfully accomplished many assignments in parliament and worked for years at the Attorney-General's Office.

U T Khun Myat also appeared at that event but declined to talk to The Irrawaddy. He was later quoted in other publications as denying the allegations that he had been involved in the drug trade. His appointment was also the talk of the town among political observers back then as well.

When U T Khun Myat was elected to be House Speaker on Thursday, some political observers concluded that Thura Shwe Mann was again acting behind the scenes. However, some senior NLD members claimed that the move was a part of Daw Aung San Suu Kyi's national reconciliation efforts and positive for the peace process.

Why did the NLD pick U T Khun Myat?

Similarly, the NLD lawmakers revived the old line they had used in early 2016 that the decision was made in the interests of "national reconciliation".  Newly replaced deputy speaker U Tun Tun Hein, who also belongs to the NLD, trotted out this line in response to reporters' questions on Thursday.

"We are implementing national reconciliation and peace," he said. "It is our election manifesto as well. I see no contradictions in this move in the NLD's compromises to the public."

Daw Khin San Hlaing, the NLD central executive committee member who submitted the nomination, told reporters that her party decided to pick U T Khun Myat as he had previously completed a five-year term under Thura Shwe Mann and has been working alongside former lower house speaker U Win Myint – who was nominated as vice president on Friday—and had gained much experience in those two years that could be helpful in handling legislative mechanisms.

"Whatever, we have chosen him and I hope he will follow our party's policies, guidelines and principles as well," she said.

The Irrawaddy contacted several NLD lawmakers including regional legislators on Thursday, however most were reluctant to express their personal opinions and simply repeated the party line that "the leaders chose the best." Yangon division legislator U Kyaw Zeya said it was the "right decision" and argued that the decision to pick an independent lawmaker such as U T Khun Myat rather than a party member suggested that the party didn't have a quality candidate to fill the post.

Nay Phone Latt, a lawmaker from the Yangon parliament, expressed concern about whether U T Khun Myat could perform as effectively as U Win Myint as he was not a member of the NLD party steering committee.

U Pe Than, a lower house lawmaker from the Arakan National Party (ANP), echoed Nay Phone Lat's opinion that his selection could create challenges for the NLD in the near future.

"I think no matter what, he will not oppose Daw Suu or U Shwe Mann," he said.

MP U Pe Than said he believed that it was highly possible U Shwe Mann had suggested U T Khun Myat for the speaker position but that the final decision was made by Daw Aung San Suu Kyi. However, he also noted that the NLD had several qualified legislators in the parliament who were no less capable than U Win Myint.

Judging the qualifications of a politician based on parliamentary work experience is questionable in this case. If, as the NLD senior members argued, U T Khun Myat was the most suitable person based on his experience, then why were the previous vice president Henry Van Thio and the military-appointed vice president U Myint Swe not deserving of the presidential post, as they had almost two years of prior experience?

How come public debate?

Meanwhile, netizens publicly criticized the election of a former militia leader as speaker o the house, which is the higher chamber in the legislature, and it is a key intermediary position between the parliament and the ruling NLD party. Political analyst Yan Myo Thein called the NLD's choice an insult to its voters. He updated his status on his Facebook wall asking, "Where have our votes gone?"

He predicted that none of the elected MPs from the NLD would dare to criticize this centrally made decision despite the grand words uttered by some parliamentarians in the post-election period, including from some political prisoners who won seats in the parliament.

He questioned why voters should now have faith in NLD MPs as they are struggling to build a genuinely democratic country. He stated that he was confused by the NLD's promotion of an ex-USDP politician to the house speaker post, as the holder also serves as an essential member of the National Defense and Security Council (NDSC).

The NDSC comprises 11 members: the army permanently occupies six seats, including its appointed vice president (1) U Myint Swe and another five seats for the NLD-appointed president, vice president (2) Henry Van Thio, lower and upper house speakers, as well as the foreign affairs minister, Daw Aung San Suu Kyi, respectively. But now the NLD has handed a certain vote to a former USDP politician.

"Voting in support (of U T Khun Myat) by the civilian elected NLD MPs in the lower house is the ugliest thing ever," Yan Myo Thein wrote on his Facebook account.

Ko Thiha Thwe, a journalist who contributes op-ed and political analyses to local publications, pointed out that the move had many potential risks for the NLD and a few potential benefits. He predicted one possible advantage of selecting U T Khun Myat as house speaker was that it might decrease partisanship in the parliament and legislative matters might pass more smoothly. However, the NLD's choice also implies it does not have many quality politicians in the party. Moreover, it could be concluded that the NLD politically had surrendered some legislative power.

"It could also damage the confidence and sap the spiritual strength of NLD loyalist MPs."

The post Analysis: From Militia Leader to House Speaker appeared first on The Irrawaddy.