Thursday, August 9, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

Myanmar Says It Will Not Work with ICC on the Court’s ‘Meritless’ Rakhine Case

Posted: 09 Aug 2018 08:07 AM PDT

YANGON—The Myanmar government announced on Thursday that it will not engage with the International Criminal Court (ICC) as it considers whether to open a case over the alleged deportation of hundreds of thousands of Rohingya Muslims to Bangladesh.

In June, the ICC asked Myanmar to respond by July 27 to a request made in April that the ICC exercise jurisdiction over the alleged crimes. The ICC asked Myanmar to submit its views on the court's jurisdiction and the circumstances surrounding the movement of Rohingya across the border into Bangladesh.

Around 700,000 people, mostly Rohingya, have fled to Bangladesh since the Myanmar military (or Tatmadaw) launched clearance operations in northern Rakhine State in response to the Arakan Rohingya Salvation Army (ARSA)'s attacks on security outposts in August 2017. The government denounced ARSA as a terrorist group, while the UN has called the Tatmadaw's operations "ethnic cleansing".

In June, the Myanmar President's Office said it would not respond to the request and called the ICC's demand a deliberate attempt to increase international pressure on the government.

Myanmar's official response to the court's request came in the form of a statement released on Thursday by the State Counselor's Office. The statement said that in its view, the court's jurisdiction was 'meritless and should be dismissed.' In support of this position it cited 20 points in five categories including bad faith, procedural framework irregularities and lack of transparency.

The government's first point was that Myanmar is not a State Party to the Rome Statute, the treaty that established the ICC.

The statement goes on to say that the prosecutor appeared to have ignored the fact that the UN Security Council issued a presidential statement stressing the need for a transparent investigation into alleged human rights abuses while, at the same time, recognizing Myanmar's sovereignty and territorial integrity.

"Respect for Myanmar's sovereignty would permit [the continuation of investigations into] violations of international humanitarian law, whether committed by [Myanmar's] own forces or by elements hostile to the Government authorities such as the forces of the Arakan Rohingya Salvation Army," it said.

Pointing to what it claimed were irregularities in the court's procedural framework, the government pointed out that the ICC prosecutor "had not sought the opening of an investigation by virtue of her proprio motu powers." "Proprio motu" refers to an act taken at the initiative of an agency or authority, often a court, without being requested to do so by another party.

"By her actions she has 'put the cart before the horse' by approaching the pre-trial chamber for a ruling on jurisdiction before conducting a preliminary examination," the announcement said.

It added that Myanmar and Bangladesh had signed agreements to facilitate repatriation of verified residents of Rakhine State who crossed over to Bangladesh after terrorist attacks in 2016 and 2017. The announcement also mentioned other MoUs signed between the government and the UNDP and UNHCR securing UN participation in humanitarian aid and development in Rakhine, as well as the recent formation of an independent commission of enquiry into allegations of human rights violations and related issues following the attacks by ARSA.

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Songwriter Who Provided ‘Theme Song’ to 8888 Uprising Finally Honored

Posted: 09 Aug 2018 07:20 AM PDT

YANGON—Thirty years ago, the historic nationwide protests known as the "8888" uprising, or the People's Democracy Movement, peaked on Aug. 8, 1988. The protests began as a student movement, then spread throughout the country.

A song was released at the time that became an anthem for the millions of people who were fighting for their country. It is called "Kabar Makyay Bu" (We Won't Be Satisfied till the End of the World) and was written by composer Naing Myanmar.

The tune wasn't original — the song was set to "Dust In the Wind" by Kansas — but the song's lyrics were written to encourage the protesters.

"Actually, it should have been an original tune but I didn't have much time to create a song with a cool mood at the time," said Naing Myanmar at the "Kabar Makyay Bu" pearl jubilee celebration event held on Aug. 8 at the Goethe Institut Yangon.

The event to mark the pearl jubilee of the song "Kabar Makyay Bu" was an emotional one, with many student activists recalling their memories and sharing them with the audience.

A group puts on an emotional performance on the stage.(Photo: Htet Wai/ The Irrawaddy)

Ko Ko Gyi, a prominent student leader of the 88 movement, attended the event. Recalling the effect that the song had on him at the time, he said, "My most powerful memory of the song is screaming out the lyrics in public on the day of Daw Khin Kyi's funeral. On that day, the rain was pouring down on us, and the protest group headed to the funeral singing the song as we walked along the road with tears in our eyes. The song gave us enormous encouragement and it still does."

Naing Myanmar said, "This song was not planned to be recorded by professional singers. All 13 of the vocals were sung by state school students. They only knew about singing; their knowledge of music was basic. I thought the song should be easy to remember once people listened to it. 'Dust in the Wind' was a popular song at that time, and ['Kabar Makyay Bu'] had only two verses."

After he wrote the song, he started looking for youth who could perform the vocals.

"There were a lot of protesters; it was like a sea of people. If 14 people, including myself, were to join them, it wouldn't benefit them much, but we thought we must do something encouraging for them. I started to explain it to the 13 students and convinced them to make the song," he said.

Naing Myanmar, composer of 'Kabar Makyay Bu,' makes a speech.(Photo: Htet Wai/ The Irrawaddy)

While the military was taking up arms, Naing Myanmar hoped his music could serve as a form of nonviolent protest.

"When they oppressed us with guns unjustly, we voiced our opposition humanely through the song, whose words came from our hearts."

He wrote the song by candlelight at his home, which didn't have electricity. He was about 30 years old at that time.

"I was the oldest one in the group and the others were around 20 years old. No one had much money. We put together as much as we could, then went to the cheapest recording studio in the city," Naing Myanmar recalled.

The only music format available in Yangon at the time was cassette tapes. He and his friends had some at home. Using a double cassette player, you could copy tapes.

"So, we collected used tapes from home, and from friends, and asked everyone because we needed to spread the song as far and wide as possible," he said.

The group used only three non-professional guitars to play the song, and made a basic recording at a studio. Then, they took copies of the tapes to all the protest sites by car.

"We drove to the protest sites and handed out the tapes, and sung the song to the crowds. We handed out the tape for free, but I heard that some shops were selling the tapes and made a lot of money."

A packed audience attends the event. (Photo: Htet Wai/ The Irrawaddy)

Naing Myanmar and his group put a lot of effort into the song and put it out at great personal risk. Strangely, however, his achievement has never been celebrated in the years since the uprising.

"This year's event is the first celebration of the song and has been put together with the small amount of money we were able to raise. I didn't accept money or trophies from anyone or from any official political organizations, because I don't want to destroy the image of the song and am still loyal to it," Naing Myanmar said.

He does not seek awards for his song, because the demands of the protesters have yet to be realized, and full democracy has yet to arrive, he said.

"When some organizations asked me to accept an award for the song, I said to myself, "Do I deserve an award? Have we been successful?" Naing Myanmar said.

After the uprising ended, he struggled to make a living because the military government held a grudge against him.

"They marked me as an enemy of the regime and refused to allow what I wrote to be distributed. The censors did not clear albums that included my songs. So I lost fans, but that was nothing compared to the loss suffered by the activists who were killed during the uprising," Naing Myanmar said.

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Bagan “Ready” for UNESCO Ground Inspection

Posted: 09 Aug 2018 05:59 AM PDT

Mandalay – The Bagan branch of the Department of Archaeology, National Museum and Library said the historic site is ready to host members of the World Heritage Site Committee, which is sending a team to visit the area in September.

The International Council on Monument and Sites (ICOMOS), a UNESCO advisory body, will also do a ground inspection and offer its assessment of Bagan's bid to be included on the UN agency's list of World Heritage Sites.

"The requirements such as the additional reports that the council suggested we do have been completed and we are ready for the ground inspection," said U Aung Aung Kyaw, director of the Bagan branch of the Department of Archaeology, National Museum and Library, which comes under the Ministry of Religious Affairs and Culture.

The ICOMOS ground inspection team will submit its findings to UNESCO, which will then deliberate on Bagan's candidacy at its next World Heritage Site convention, in 2019.

Since 1994, the country has sought to register the area as a UNESCO World Heritage Site. However, the original application was rejected due to the site's failure to meet the requirements of World Heritage Site status, on account of alleged mismanaged development plans and sub-standard, inauthentic restoration efforts under previous governments, especially in the 1990s.

In 2014, the Ministry of Religious Affairs and Culture again nominated Bagan for a UNESCO World Heritage Site listing and the nomination dossier was submitted in 2016.

Bagan is one of the country's major tourist attractions, with more than 3,000 pagodas and temples dating from the 9th to the 13th centuries.

Tourists explore Bagan on horse carts. /Zaw Zaw / The Irrawaddy

At the same time as it prepares for the UN team's visit, the ministry is holding a series of meetings with hotel owners in Bagan to find a solution to the problem of hotels built inside the archaeological zone.

"We could not take a decision immediately to relocate the hotels as we need to think about the interests of both sides. However, we believe we will find a solution that will not hurt either the country's heritage or business interests," U Aung Aung Kyaw said.

In November 2017, the Ministry of Religious Affairs and Culture said it would negotiate with the owners of hotels built within the ancient city's archaeological vicinity to designate hotel zones or relocate them away from the ancient pagodas.

Concerns over new landscaping near ancient gateway

Meanwhile, there has been rising criticism over landscaping practices near the ancient Tharapa Gate. The department is planning to plant grass near the Tharapa Gate, and locals worry the watering system could harm the adjacent old wall.

"The gate is already beautiful in its own ancient way. Manmade landscaping with planted grass will not attract visitors, but only have a bad impact on the ancient wall," said U Thura, a local environmental activist.

The locals said trenches dug for the watering system at the base of Tharapa gate's wall will weaken the old structure.

"Since Bagan is in a dry zone, the grass will need to be watered. Then moisture could affect the strength of the ancient wall. We've told the authorities but they do not listen. We are afraid this could affect the UNESCO bid, too," U Thura said.

U Aung Aung Kyaw, however, played down the worries, telling The Irrawaddy that the lawn would be about 5 to 10 feet from the gate and that it would not affect the ancient wall.

"We can assure everyone that it will not harm the heritage (of the structure) and that we are doing this in line with an expert's recommendations," he said.

Traffic passing through Tharapa gateway has been restricted since about 8 years ago to prevent the vibrations from affecting the ancient wall. Only bicycles, motorcycles and electric bikes are currently allowed to pass through the gate.

However, the department said it would reopen the gate to small cars driven at slow speeds, to ease traffic jams in the peak tourist season.

"We also received concerns over the reopening of the gate. People think we will allow big tour buses to go through. We also have concerns about the conservation of the ancient walls and we will allow only small cars and will limit the speed. This is to prevent traffic jams as the influx of visitors into Bagan is rising," U Aung Aung Kyaw said.

QR codes for easy access of information

To provide the information to visitors, the department, with the help of Computer University and Thailand's National Electronic and Computer Technology Center (NECTEC), is installing QR code boards at 20 pagodas in Bagan.

Visitors can easily scan the QR codes on their mobile phones and obtain the history and other information about the pagodas displayed as text and audio, in both Burmese and English.

"Since this is a testing period, the information is not complete yet. But we are trying our best to update the data and we will install the QR code boards at the remaining pagodas and temples very soon," U Aung Aung Kyaw said.

The QR code boards were being installed at 20 well-known pagodas in Bagan, including Sularmani Pagoda, Ananda Pagoda, Bu Phaya, Manuha Pagoda, Thatbyinnyu Pagoda, Gadawpalin Pagoda, Pyatthatgyi Pagoda, Bulaethee Pagoda and Dhammayazika Pagoda.

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$50.3M Grant From Japan to Help Central Bank Beef Up Financial Network

Posted: 09 Aug 2018 05:01 AM PDT

YANGON — The Central Bank of Myanmar on Wednesday signed an agreement with the Japan International Cooperation Agency (JICA) for a grant of up to 5.59 billion yen ($50.3 million) to upgrade the bank's financial network system.

CBM-NET, the Central Bank’s financial network system, is a centralized, real-time interbank fund and securities settlement system. It was built with a prior grant from JICA in 2013 as part of a project to develop Myanmar’s financial market infrastructure.

JICA said in a press release on Wednesday that there was rising demand for credit from the private sector, an expanding inflow of foreign investment, and a gradual increase in the use of financial services by individuals, resulting in a larger and growing volume of funds and data being handled by financial institutions.

Pointing to the need to improve the efficiency of payment services, speed up transaction processing times and respond to global trends, JICA said the new grant will enable CBM-NET to handle a diverse range of financial transactions and to conform to international standards.

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UWSA Still Open to Joining NCA in Exchange for Right to Quit, Alter Pact

Posted: 09 Aug 2018 04:46 AM PDT

YANGON—The United Wa State Army (UWSA) would consider signing the Nationwide Ceasefire Agreement (NCA) if the government and Myanmar's military (Tatmadaw) gave the group a written promise that it would have the right to seek changes to and/or resign from the agreement, a UWSA official said.

"We said it clearly at the third session of the 21st-Century Panglong [Peace Conference]. We would consider it if [the government and Tatmadaw] made a written promise," Nyi Rang told The Irrawaddy.

A UWSA delegation met State Counselor Daw Aung San Suu Kyi and Myanmar Army chief Senior-General Min Aung Hlaing on the sidelines of the conference in Naypyitaw in the second week of July.

Government spokesperson U Zaw Htay said that while the NCA does not explicitly address the issue of leaving the agreement, under Section 27, signatories and the government can negotiate issues not covered by the agreement.

Ethnic affairs analyst U Maung Maung Soe urged the UWSA and the government's Peace Commission to hold talks on the issue.

"U Zaw Htay said the signatories and the government can negotiate issues that are not covered by the NCA. So, [the peace commission] should hold formal talks with the UWSA," he told The Irrawaddy.

Nyi Rang said the UWSA and the Peace Commission are arranging a date for talks. UWSA and Tatmadaw leaders have agreed on the need for more frequent talks between two sides, he added.

"The two sides need to build trust, so they need to meet more around the table. The lack of such meetings can only harm the country," Nyi Rang said.

However, a government official said on condition of anonymity that the Tatmadaw is unlikely to make such a written promise because it would set a precedent for other signatories.

U Maung Maung Soe agreed, saying, "Whenever a disagreement arises, any member could resign, not only the UWSA. I don't even know if [the government and Tatmadaw] need to make such promise. There will be disputes whenever there are disagreements. And there will be resignations. It isn't necessary to make such promise."

The UWSA and the Peace Commission are likely to meet in August or September under China's meditation, U Maung Maung Soe said.

The UWSA signed a truce with the then military government in 1989. In 2011, during then-President U Thein Sein's administration, it signed state- and Union-level ceasefires.

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Yangon Court Charges 10 Over 2015 Drug Bust

Posted: 08 Aug 2018 11:53 PM PDT

YANGON — The Yangon North District Court on Thursday charged 10 suspects including Min Oo Khaing, owner of Kaladan Delta Development (KDD), in connection with what was at the time a record drug bust in Yangon's Mingaladon Township three years ago.

Min Oo Khaing is the primary suspect in a drug bust on July 26, 2015, in which police found nearly 27 million methamphetamine tablets worth an estimated 133 billion kyats ($8.87 million) in the back of an abandoned truck in the Mingaladon industrial zone.

Most of the other suspects worked for KDD, according to their relatives.

One of the suspects, Tun Kyaw Zan, told reporters that he had nothing to do with the drugs. He and six other suspects charged on Thursday were sentenced to 48 years in prison in June by the Yangon East District Court in connection with drug busts in East Dagon and North Dagon townships.

Min Oo Khaing was not convicted for those busts, though police and court officials said that their investigation into his activities led to the seizures. In follow-up raids tied to the drug bust in Mingaladon, police seized 1.5 million stimulant tablets from a house in North Dagon Township on Sept. 3, 2015.

Police seized another 2 million stimulant tablets and 500 bottles of phensedyl cough syrup — an addictive substance known to be used recreationally — from a warehouse in East Dagon Township on Sept. 21.

Nearly 4 million stimulant tablets and 350 grams of crystal methamphetamine were seized at a house in East Dagon Township on Sept. 29.

Min Oo Khaing surrendered to an anti-narcotics unit of the Myanmar police force in the Thai border town of Mae Sot on Sept. 15 and extradited to Yangon.

Ma Win Nyein Khaing, who was also charged on Thursday, was previously sentenced by the Yangon East District Court to 32 years in prison; another suspect, Cho Cho Win, was acquitted.

The brother of Than Shwe, who was sentenced to 48 years in prison, said his brother had nothing to do with the drugs.

"My brother is just a ferry driver [for KDD]. He only worked there for nearly two months. He quit because the company refused to give him a raise. Police arrested him at our house," he said.

The men convicted by the Yangon East District Court had pleaded not guilty and have appealed. Their relatives said the sentences were not fair and that the main perpetrators were still at large.

The trial in the Mingaladon case at the Yangon North District Court starts on Aug. 15 with witness testimony.

Translated from Burmese by Thet Ko Ko.

The post Yangon Court Charges 10 Over 2015 Drug Bust appeared first on The Irrawaddy.

Bangladesh Demands US Embassy Withdraw Criticism Over Protests

Posted: 08 Aug 2018 11:04 PM PDT

DHAKA – Bangladesh’s government demanded on Wednesday that the US Embassy withdraw criticism over its handling of days-long student protests in the capital over a fatal traffic accident.

Tens of thousands of students have blocked streets in Dhaka for more than a week, demanding safer roads, after two teenagers were killed by a speeding bus. Police fired tear gas and beat up students to force them to disperse, but they have stayed on. Scores of people have been hurt in demonstrations.

On Sunday, the US Embassy posted a statement on Facebook saying youngsters engaging in peaceful protests were exercising their democratic rights and that nothing could justify “brutal attacks and violence” against young people.

The United Nations said it too was concerned about violence in the streets and called for calm.

Information Minister Hasanul Hoque Inu said police had acted with restraint and that both the United States and the United Nations had overstepped the line with their criticism.

“We urge to withdraw this statement. This is discourteous,” Hoque said of the US statement, adding the government would write to the embassy and the United Nations to register its protest.

On Sunday a group of armed men attacked a vehicle carrying the US ambassador. There were no injuries but two vehicles were damaged. Police said on Wednesday they were still investigating the case.

Students are demanding changes to transport laws following the July 29 deaths, after the driver of a privately operated bus lost control and ran over a group of students.

Police also said they were retaining custody of activist and photographer Shahidul Alam for more questioning after he was taken to hospital for a checkup on Wednesday. Alam was picked up from his home on Sunday after he had posted comments on social media that a student wing of Prime Minister Sheikh Hasina’s ruling party was trying to attack the protesters.

The police said he was arrested on charges of spreading rumors on social media aiming to incite violence. His detention has sparked criticism from rights groups.

The post Bangladesh Demands US Embassy Withdraw Criticism Over Protests appeared first on The Irrawaddy.

‘Stateless’ Thai Cave Boys and Coach Granted Citizenship

Posted: 08 Aug 2018 10:20 PM PDT

BANGKOK — Three boys from a football team who were rescued from a flooded cave in northern Thailand last month were granted Thai citizenship on Wednesday, authorities said.

Their 25-year-old coach, Ekapol Chanthawong, also gained citizenship.

Ekapol and 12 boys had gone to explore the Tham Luang caves in Chiang Rai Province on June 23 when a rainy-season downpour flooded the cave system and trapped them underground.

They survived for nine days on water dripping from rocks before they were discovered. An international effort to rescue them ended on July 10 when they all were brought out safely.

Three of the boys and Ekapol were considered stateless, even though they were born in Thailand, until local authorities checked their qualifications including birth certificates and approved their requests for Thai citizenship.

The four were also given Thai national identification cards on Wednesday.

“They have all the qualifications,” said Somsak Kanakam, chief officer of Mae Sai District in Chiang Rai. “All children born in Thailand must have Thai birth certificates in order to qualify for Thai citizenship.”

Citizenship requests for some twenty other people, most of them children, were also approved, Somsak added.

Many stateless people in Thailand come from areas where national borders have changed, leaving their nationality in question. Some belong to “hill tribes” living in remote areas with limited access to information about nationality procedures, according to the United Nations refugee agency.

The cave ordeal highlighted the plight of people from Cambodia, Laos and Myanmar living in Thailand who are denied some rights and opportunities because they are not citizens.

More than 486,000 people are registered as stateless, according to official data. Of that number 146,269 are younger than 18 years old.

The post ‘Stateless’ Thai Cave Boys and Coach Granted Citizenship appeared first on The Irrawaddy.

Buddhist Monk in Sri Lanka Gets Six Years’ Jail in Contempt Case

Posted: 08 Aug 2018 09:37 PM PDT

COLOMBO, Sri Lanka — A Sri Lankan court on Wednesday handed a six-year jail term to a Buddhist monk accused of inciting violence against Muslims, holding him guilty of contempt just months after he was convicted of intimidating the wife of a missing journalist.

The monk, Galagoda Aththe Gnanasara, leads the hardline Bodu Bala Sena (BBS) or “Buddhist Power Force,” which government ministers and Muslims have accused of stirring up violence against Muslims and Christians, allegations he has denied.

The court sentenced him to six years’ rigorous imprisonment over a 2016 incident when Gnanasara interrupted a court hearing on the abduction of the journalist, Prageeth Eknaligoda, in which military intelligence officials were accused.

He shouted at the judge and lawyers because the military officials had not been given bail and threatened Eknaligoda's wife.

“The convict intentionally committed the offence to undermine the judiciary,” Preethi Padman Surasena, the president of the court of appeal, said in delivering Wednesday’s judgment, adding, “Found guilty of all charges beyond reasonable doubt.”

The monk was convicted on four counts of contempt of court, receiving terms of four years each on the first and the second counts, six years on the third and five for the fourth, all to run concurrently.

A BBS official told Reuters the group would appeal against Wednesday’s ruling.

“We feel there is an attempt by interested parties to have judicial process targeting Gnanasara. Therefore, though we do not agree with the judgment, we accept the sentence and we will appeal,” said Dilantha Vithanage, the group’s chief executive.

Gnanasara, who is being treated in hospital for an ailment, was not in court for the ruling. He has been on bail since filing an appeal against a conviction in a separate case on June 14.

In that case, he received two concurrent jail terms of six months, a fine of 1,500 rupees ($9.39), and a compensation payment of 50,000 rupees ($313) for having threatened the journalist’s wife, Sandhya Eknaligoda.

Since 2014, the monk has faced accusations in cases regarding anti-Muslim violence, hate speech and defaming the Koran, the Muslim holy book.

That year Gnanasara signed a pact with Myanmar’s Ashin Wirathu, who once described himself as “the Burmese bin Laden,” in what the duo called a bid to counter regional conversion efforts by Islamists.

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