Thursday, December 13, 2018

The Irrawaddy Magazine

The Irrawaddy Magazine

U.S. Artist Sculpts Myanmar’s Heroes and Villains

Posted: 13 Dec 2018 06:12 AM PST

YANGON—American sculptor Jim McNails still remembers the moment he was thrown into the street by security guards at the Myanmar Embassy in Bangkok after a staffer behind the counter rejected his visa application.

It was 2006. The trip he had planned was not his first; he had been visiting the country since 1998.

This time, however, the embassy official snapped, "No visa!" When the sculptor asked him why, the man behind the counter said simply, "Problem!"

Before he had time to realize that he had been blacklisted by the military regime, McNails was escorted out into the street by security guards.

A caricature sculpture of former Myanmar dictator Snr-Gen Than Shwe by Jim McNails. / Photo supplied

"I didn't expect that kind of friendly welcome," he jokingly recalled 12 years later. The reason for the visa denial was a very unflattering caricature sculpture McNails had made of Myanmar's then junta supremo Senior General Than Shwe.

The 77-year-old American artist has long been an advocate of Myanmar's democracy movement. Among the movement's supporters outside the country he is best known for his sculpture series "Democracy Heroes of Burma", which features personalities like Daw Aung San Suu Kyi; veteran journalist and democracy activist U Win Tin; Dr. Cynthia Maung, director of the Mae Tao Clinic on the Thai-Myanmar border; and student leader Min Ko Naing. At the same time, he has developed a reputation as a caricaturist, creating sculptures that ridicule dictators like Snr-Gen Than Shwe and North Korea's Kim Jong Il.

He first became interested in Myanmar in 1989 when he stumbled into a refugee camp in Mae Hong Son near the Thai-Myanmar border. He was amazed by what he witnessed there and has been interested in Myanmar issues ever since.

Jim McNails' sculpture of former North Korean leader Kim Jong Il on his DIC (Defensive Inter Continental) missile. / Photo supplied

It wasn't until he visited the country for the first time in 1998 that he realized how awful the regime was and how it impacted people's lives. When he first saw Snr-Gen Than Shwe's picture, the sculptor recognized in his features what he describes as the arrogance all dictators have: The belief that, "This is my country. I'll do what I want with it."

"The last thing they'd ever experience is humiliation or being ridiculed. That's where I came in," he said.

McNails started working on his caricature of the then dictator in around 2000 or 2001. He believes that caricature has the power to grab people's attention.

"And then if you can invest humor in it, they will carry it away with them," he added.

As it turned out, however, his subject failed to see the beauty, or get much joy, from McNail's creations.

Jim McNails' other works include caricatures of former US President Barack Obama and Tibetan spiritual leader the Dalai Lama. / Photo supplied

One portrayed Snr-Gen Than Shwe as a pig wearing a cap emblazoned with an SS-like skull. The other showed him as a horned figure clad in a uniform festooned with a chest full of medals engraved with initials like B, C, E and M. (As McNails explains, that's B for Brutality, C for Consigned and Child Labor, E for Evils yet to be committed and M for Murder.) To complete the image, the dictator sports cloven hooves and a tail. The title of the work is "Than Satan".

"All that tells the story. If you turn it around, you see he holds a blade behind his back. You know… it's deceitful," he explained.

When the sculptures were complete, he took pictures of them and emailed them to the military, government agencies and major businesses run by military cronies in Myanmar. The pictures appeared in The Irrawaddy Magazine in the early 2000s and were then secretly reprinted elsewhere in Myanmar, and also appeared in the U.S. and in Europe, calling attention to the bigger story behind the caricatures. This was too much for the military regime, which banned McNails from the country.

"Most people think caricatures are cartoons for children. [But] it's really powerful and it can get you blacklisted by a country," he said.

Caricatures of famous Myanmar comedians the Moustache Brothers. / Photo supplied

The "Democracy Heroes of Burma" series began with a sculpture of Daw Aung San Suu Kyi. He started it in 1998 after his first trip to the country because he found her interesting and inspiring as an imprisoned woman facing down a most brutal military dictatorship.

"That's worth investing all my time and talent, to see if I can capture her [likeness] and make it a benefit to her and Burma and anybody else. That's what I had in mind and heart what I was doing that," he recalled, using the country's former name. McNails got the chance to meet Daw Aung San Suu Kyi in person in 2011, and had the honor of installing his bust of her in the living room of her Yangon home the following year.

The "Democracy Heroes of Burma" sculptures are occasionally put on display outside Myanmar, and McNails uses them as a way to educate people about the country. When people come into his studio in Florida to see Daw Aung San Suu Kyi's sculpture, they ask about her.

"Then I get to tell them about her and Burma, rather than getting out and saying, 'You've got to listen to me! This is important!'" he said.

McNails sees all the dictators and democracy heroes he has sculpted and caricatured—from Myanmar and elsewhere, including North Korea and Russia—as illustrations of good and evil.

Jim McNails in Yangon in December 2018. / Myo Min Soe

"Oil and water are completely different, but the common denominator is power and the impact they have," he explained.

"I can't imagine what goes through somebody like Than Shwe or somebody hideous. They have no empathy for you and your family. And it's just amazing how [another person] can make us better than we are, like…Daw Aung San Suu Kyi…the Dalai Lama… By being exposed to them and how they think, you have improved as a person," he explained.

McNails has just finished a book, "Nobility of the Human Spirit", about his discovery of who Daw Aung San Suu Kyi is, what inspired him to make that sculpture and the impact it had on him, and his meeting with her.

When it comes to the international criticism she is now facing for failing to use her moral authority to speak out about the Rohingya issue, he said he feels a great sympathy for the position she is in today, as people outside don't have a deep understanding of Myanmar.

Currently, the military-drafted Constitution gives armed forces members control of key ministries and a quarter of the seats in Parliament.

"The outside world thinks [Myanmar has] a civilian government [that is] democratically elected, [and that] Suu Kyi is in charge… You know, it's basically a military regime!" he said.

The post U.S. Artist Sculpts Myanmar's Heroes and Villains appeared first on The Irrawaddy.

Peace Commission’s Acceptance of Three EAOs Deserves Praise

Posted: 13 Dec 2018 05:20 AM PST

Many observers of the peace process were pleased by the Myanmar Peace Commission's announcement that an alliance of three ethnic armed organizations (EAOs) would join the process.

The peace deal between the Myanmar Army and the Ta'ang National Liberation Army (TNLA), Arakan Army (AA) and the Kokang-based Myanmar National Democratic Alliance Army (MNDAA) is the result of about two years of negotiations in China. The talks were stalled for a long time over the Myanmar Army (or Tatmadaw)'s insistence on using the word "disarm" in the final statement.

The three EAOs have a genuine desire to participate in the peace process—instead of using arms—to solve political conflicts, according to the commission's statement, which was published after the three groups issued their own joint statement saying they welcomed the Union government's positive steps toward peace and national reconciliation.

Their statement said the three groups wished to solve political conflict through dialogue. They said they would halt military operations, and hoped the Myanmar Army would do the same in order to work for peace.

Some peace observers are puzzled by the Myanmar Army's decision to sign an agreement with these three groups. The Army has been bitterly opposed to them for a long time. Many government troops have died fighting them, especially in the Kokang region and in northern Shan State, in recent years. The Myanmar Army earlier called them terrorists.

The three EAOs were formed after Myanmar embarked on political reforms under the democratically elected government. The Myanmar Army refused to recognize the three armed groups, rejecting the idea that they needed to fight for ethnic rights under a democratic government.

There are several reasons for the Army's reluctance over the years to recognize these groups. One is that it would not be simple for them to return to their ethnic regions if they were recognized by the Myanmar Army. For example, the AA might one day be able to return to the Arakan region, but they are currently based in Laiza, Kachin State.

Also, the three armed groups are militarily strong. For example, the TNLA has about 6,000 armed forces, while the AA has about 4,000.

And while they formed relatively recently, their ground fighting skills are good; the Myanmar Army suffers a lot of casualties whenever it fights against them. Bringing them back to the negotiating table is a positive development, but it remains to be seen whether the fighting can be brought to an end any time soon in northern Shan and Arakan State.

The peace process in Myanmar depends heavily on the approval of the Myanmar Army, despite the lead role played by the National League for Democracy (NLD)-led government at peace talks. We all should welcome the Peace Commission's move, however.

There are many things the Myanmar Army will need to change if it wants peace. But the peace process is almost at a standstill now that the Karen National Union has suspended its participation. Tensions mounted recently when the Myanmar Army told the ethnic armed groups they need to promise not to secede from the Union, and that there can be only one army in the country.

The KNU is unhappy with the Tatmadaw's influence over peace negotiations. The Restoration Council of Shan State (RCSS) has also announced that it will not attend Joint Ceasefire Monitoring Committee meetings, as it feels there is not a level playing field when it comes to negotiating peace.

Many ethnic armed groups have been asking the Myanmar Army for a long time to let the three armed groups participate in the peace process. The Peace Commission's acceptance of the three could be good for the peace process as a whole, as it may encourage the KNU to return. However, there could be political issues behind the acceptance of the three groups.

Fighting has been frequent recently in northern Shan State between rival ethnic armed groups; the Tatmadaw has stayed away from this fighting. The RCSS has fought with an alliance of the TNLA and the Shan State Progressive Party (SSPP). Fighting between rival EAOs boosts the Myanmar Army's image, as in the past most clashes have involved the Tatmadaw fighting with one or more EAOs.

If the TNLA reaches a bilateral agreement and signs the Nationwide Ceasefire Agreement with the Myanmar government, there will likely be even more fighting between the TNLA and the RCSS over territory. In this way, the Myanmar Army may not have to fight their enemies, but can simply allow rival ethnic armed groups to kill each other; but this looks bad for the country.

Another reason for the Tatmadaw's past reluctance is that these three armed groups are members of the Federal Political Negotiation and Consultative Committee (FPNCC), led by the United Wa State Army. The FPNCC has seven members including the Kachin Independence Army, the National Democratic Alliance Army and the SSPP. If the three armed groups are allowed to participate in the peace process, the Myanmar Army and the government may think that the rest of the FPNCC members will automatically follow.

The post Peace Commission's Acceptance of Three EAOs Deserves Praise appeared first on The Irrawaddy.

Internal and External Opposition Threatening Tatmadaw: Army Chief

Posted: 13 Dec 2018 03:22 AM PST

NAYPYITAW—Myanmar's army chief Snr-Gen Min Aung Hlaing has warned that internal and external opposition elements and some organizations are resorting to various ways of restricting the role the Tatmadaw (Myanmar Army) is playing in the country.

"They are even attempting to break up the Tatmadaw," said the army chief in his address at the graduation of the 20th intake of students at the Defense Services Technological Academy in Mandalay Region's Pyin Oo Lwin on Wednesday.

He did not, however, clarify which particular organizations are doing so.

The Tatmadaw has had to take a role in the politics of the country, the army chief said, due to the stances of armed organizations that were born with independence in Myanmar in 1948.

"The Tatmadaw has to take part in the political leadership role to prevent the multi-party democracy, which is desired by the people, from getting lost as the country has not been able to fully restore rule of law and stability," he said.

Reiterating his ambition of establishing a standard army, he also highlighted the military's role in national defense.

There have been international examples that show military break-ups always lead to political, economic and social failures, thereby contributing to insecurity in the lives and property of the public as well as in national sovereignty and territorial integrity, added the army chief.

Military-civil relations analyst U Khin Zaw Win said that the army chief's speech was just a formality which successive military leaders have been giving since the time of the late dictator Gen. Ne Win who staged the 1962 coup.

"They are used to speaking like that. In my view, nobody inside or outside the country is trying to break [the Tatmadaw] up. I don't think so. Myanmar is confronted by many challenges, but I don't think any of them are targeted at the Tatmadaw," he said.

However, there have been calls from international rights groups to refer Snr-Gen Min Aung Hlaing to the International Criminal Court in response to allegations of human rights violations committed by the military in northern Rakhine State.

"The Tatmadaw has concerns. It is concerned that a new civil war may break out. They have concerns because of past events. That's the reason behind such a speech," said U Thein Tun Oo, executive director of Thayninga Institute for Strategic Studies, a think-tank formed by ex-Tatmadaw members.

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China-Myanmar Economic Corridor a ‘Win-Win’

Posted: 13 Dec 2018 02:49 AM PST

MANDALAY — In September Myanmar signed a memorandum of understanding (MoU) with China to establish the China-Myanmar Economic Corridor, part of Beijing’s sprawling Belt and Road Initiative.

The initiative will link China with some 65 other countries that together account for more than 30 percent of global GDP and 62 percent of the world’s population.

While the Chinese government calls the initiative a bid to enhance regional connectivity, critics see it as a push for Chinese dominance in global affairs and for a China-centered trading network.

Mandalay Region Finance and Planning Minister U Myat Thu is a member of a joint committee established to oversee the corridor’s development. The Irrawaddy’s Myat Pyae Phyo spoke with him about what Myanmar was doing to manage the potential risks and rewards.

What is the Myanmar government doing regarding China's Belt and Road Initiative?

The China-Myanmar Economic Corridor is part of the initiative. The Myanmar government has formed a central committee as well as a joint committee to establish the economic corridor. The committee consists of Union-level ministers as well as the planning and finance ministers of the five regions and states — Yangon, Mandalay, Shan, Rakhine and Irrawaddy — that the corridor will pass through.

The Union [planning and finance] minister last week discussed with us the proposed rail and motor road projects of the economic corridor project. He said China proposed implementing about 40 projects, but finally the two sides tentatively agreed to implement about nine projects as part of the economic corridor project.

One of the important projects is the Muse-Mandalay railroad and motor road that will pass through northern Shan State and Mandalay. A memorandum of understanding has been signed for it. It is likely to be implemented before 2020, after a feasibility study is conducted. Other projects still need detailed discussions.

 What are those nine projects?

The minister didn't tell us the details. But I guess they are mainly about infrastructure. It seems to me that the government doesn't want to place a debt burden on younger generations.

Again, the giver gives us grants and low-interest-rate loans because it will benefit in the future. So I think the leaders have chosen the nine projects that are most appropriate for us in consideration of that. It is important that we don't act hastily. So detailed discussions will be had before memoranda of understanding are signed to implement those projects according to order of priority.

What is China's focus in its proposal to the Myanmar government about the economic corridor project?

Mainly it wants to have ocean exits for its landlocked provinces. And it wants to trade the products of those landlocked provinces through us. And it will also bring the energy it bought from international countries through this route as well as the Kyaukphyu deep-sea port [in Rakhine State]. From a political point of view, it wants to have access to the Indian Ocean.

How should the government and local businessmen prepare for this project?

Local businessmen have to improve themselves. For example, take a look at the industry sector. Most of the industries are not well organized. Those who can innovate technically lack capital. There is no businessman to fund technical innovation. Those who have capital are satisfied with manufacturing for domestic production and do not bother to improve their products to be able to export. If they are to compete with others, they have to be strong themselves. And there is room for improvement in market research. They also need to improve their communication with the media.

What has the Myanmar government done to assess the possible environmental and social impacts of the project?

China has a poor record in that regard. So we will be very careful about the environmental impact and social impact assessments and will carefully monitor corporate social responsibility.

But the MoU signed by the state counselor covers land utilization, regional development and environmental conservation. So the concerns are not necessary.

Therefore we have only agreed on establishing the railroad from Muse to Mandalay for the time being, and not to Kyaukphyu. And the cultural heritage draft law, which aims to conserve cultural heritage across the country, has been submitted to Parliament and it will be promulgated next year.

Observers say Myanmar risks falling into a debt trap if it fails to handle the initiative properly. What do you say as a member of the joint committee for the China-Myanmar Economic Corridor?

The Union government is acting with much consideration. It does not borrow just because the loans have low interest. It makes sure the loan project can benefit the country in the long run.

The Myanmar government checks if the proposed projects in the economic corridor project comply with the Myanmar Sustainable Development Plan. It is careful not to choose projects that do not comply with it.

I studied the MoU and found that it adequately protects locals against the possible impacts of the rights given to China to use the land across the corridor, and provides opportunities for employment, education, health, and social and economic development for locals.

The MoU ensures a win-win policy for both sides. So I, on behalf of the Mandalay Region government, said at the preliminary meeting of the joint committee that we have no reason to oppose the project.

Translated from Burmese by Thet Ko Ko.

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Indian President Expresses Support for Myanmar During State Visit

Posted: 12 Dec 2018 10:55 PM PST

YANGON—The visiting Indian President Ram Nath Kovind has expressed his support for the Myanmar government during a state visit this week amid growing domestic and international pressure.

The president is on his first official visit to Myanmar at the invitation of President U Win Myint for a five-day trip which began on Monday and will conclude on Friday.

"In India, we are aware of the challenges Myanmar faces in taking forward the peace process, national reconciliation and economic recovery. I want to tell you that the government and people of India stand by you," said the Indian president at a dinner hosted by President U Win Myint on Tuesday.

India is in full support of Myanmar's peace process and in preserving the unity and territorial integrity of the country, he said.

"For without that, India cannot succeed in its effort to bring development, prosperity and connectivity to our citizens in the northeast, which borders Myanmar," said the Indian president.

President U Win Myint said he was grateful that India attaches a high importance to its relations with Myanmar in its foreign relations based on its "Act East Policy" and "Neighborhood First Policy."

The two presidents witnessed the signing of two memoranda of understanding between the two governments on cooperation in science and technology and in conducting judicial training and capacity building for Myanmar judges and law officers.

Late last year, the two countries signed the Rakhine State Development Programme, designed to assist the Myanmar government in building housing infrastructure in Rakhine State for the return of the displaced Rohingya. The first phase of the project is to see the construction of 250 units.

During the Indian president's visit, the Indian Ambassador to Myanmar, Vikram Misri, officially handed over 50 of 250 units of prefabricated houses to Union Minister U Win Myat Aye.

The Indian President also held talks with State Counselor Daw Aung San Suu Kyi, focusing on promoting ties between the two countries and cooperation in a wide range of sectors.

As of Dec. 1, the Myanmar government is offering a visa-on-arrival policy for Indian travelers to Myanmar who arrive by air.

It is however not clear if India's president will meet Myanmar's army chief Snr-Gen Min Aung Hlaing.

The presidential visit follows the visit of India's prime minister Narendra Modi to Myanmar in September last year and Daw Aung San Suu Kyi visited India in January this year for the India-ASEAN Commemorative Summit.

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Three Armed Groups Offer to Stop Fighting, Enter Peace Talks

Posted: 12 Dec 2018 10:07 PM PST

CHIANG MAI, Thailand — Three ethnic armed groups based in northeast Myanmar said they were willing to stop fighting and enter formal negotiations after meeting with members of the government’s Peace Commission on Wednesday in China’s Yunnan Province.

The military has been reluctant to enter formal peace talks with the three groups — the Arakan Army (AA), Myanmar National Democratic Alliance Army (MNDAA) and Ta'ang Nationalities Liberation Army (TNLA) — unless they vow to give up their armed struggle.

China has been brokering informal talks between the Peace Commission and the three groups — all part of Myanmar’s seven-member Northern Alliance — since last year, with monthly meetings since August.

"We desire to solve the ongoing war, conflict and political problems through negotiations…. We desire to take a political approach instead of a military approach and will first stop military actions in order to be able to achieve peace,” the three groups said in a joint statement after Wednesday’s meeting.

They said they hoped the military “would also make an effort to end the fighting.”

The Peace Commission welcomed the news

"Negotiations will continue with the TNLA, AA and MNDAA in order to reach bilateral ceasefire agreements and have political discussions with them,” it said in a statement of its own on Wednesday.

Commission Secretary U Khin Zaw Oo took to Facebook to express his satisfaction with their efforts since 2016 and to thank their partners.

"Our journey is not yet within reach but it is not too far," he said in a post to his page.

The military has been in recent clashes with the AA in northern Rakhine State and with the TNLA in northern Shan State, according to the two armed groups.

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Weeding Out Foreigners: Strains over Thailand’s Legalization of Marijuana

Posted: 12 Dec 2018 09:04 PM PST

BANGKOK—Thailand is set to become the first Asian country to legalize medical marijuana, but a battle is brewing between local and foreign firms over control of a potentially lucrative market.

With parliament set to approve the legislation as early as next month, Thai businesses and activists have raised concerns that a raft of patent requests filed by foreign firms could allow them to dominate the market and make it harder for researchers to access marijuana extracts.

“Granting these patents is scary because it blocks innovation and stops other businesses and researchers from doing anything related with cannabis,” said Chokwan Kitty Chopaka, an activist with Highlands Network, a cannabis legalization advocacy group in Thailand.

“We were very shocked to see this because it would be like allowing them to patent water and its uses,” Chokwan said, adding that applicants are seeking patents for plant-related substances, which are not allowed under Thai law.

Opposition to foreign firms has threatened to stall the legalization process, with researchers and civic networks threatening to sue the government if the patents are granted, according to media.

Prime Minister Prayuth Chan-ocha has been urged to issue an executive order to end the impasse, but a national government spokesman said there were no plans to do so yet.

“We will proceed normally through the Commerce Ministry first. We must let everything proceed without harming people’s rights,” said Puttipong Punnakanta.

Thailand’s move to allow the use of marijuana for medical and research purposes follows a wave of legalization across the globe, including in Colombia, Israel, Denmark, Britain and certain US states. Uruguay and Canada have gone one step further and also legalized recreational use.

Thailand’s neighbors Malaysia and Singapore are in the early stages of debating whether to legalize medical marijuana, but it is a sensitive issue because the drug remains illegal and taboo across much of Southeast Asia.

The region has some of the world’s harshest penalties, including lengthy prison terms for possession of drugs in Thailand, and capital punishment in Singapore, Indonesia, and Malaysia for trafficking. In the Philippines, thousands of people have been killed since 2016 in President Rodrigo Duterte’s anti-narcotics crackdown.

Among a handful of foreign companies that are looking to enter the Thai market are British giant GW Pharmaceuticals and Japan’s Otsuka Pharmaceutical, which have jointly applied for marijuana-related patents.

Representatives for GW Pharma and Otsuka declined to comment on their applications.

“We haven’t seen progress on our patent registration maybe because many people are opposed to allowing foreign drugmakers to enter the market. I feel like we are seeing a high bar on this,” said one foreign company official, who declined to be identified because of the sensitivity of the issue.

Part of Thai culture

Thais used marijuana in traditional medicine for centuries before it was banned in 1934. Farmers were known to use it as a muscle relaxer after a day in the fields and it was reportedly used to ease women's labor pains.

In fact, the word ‘bong’, which describes a water pipe often used to smoke weed, comes from the Thai language.

Experts say Thailand, already a regional hub for medical tourism, has a combination of factors working in favor of legalization, including a tropical climate that could allow for cheaper production of marijuana than, for instance, in Canada.

Businesses want to use this to cash in on what Deloitte says could be a global legal medical cannabis market worth more than $50 billion by 2025.

For Thai Cannabis Corporation (TCC), a majority Thai-owned entity that is waiting for legalization to obtain a license to sell cannabis-derived ingredients to manufacturers, the move would be “a return to centuries-old tradition.”

“The attitude is that it’s already a part of traditional medicine … and we should ensure that Thais can control their own industry,” said Jim Plamondon, marketing head of TCC, which is currently not in business.

The government earlier this year rejected calls to decriminalize recreational use of the drug.

Instead, the new law will reclassify marijuana as a narcotic whose extracts can be used in traditional Thai medicine, and to treat drug-resistant epilepsy and pain and nausea in cancer patients.

Research will be permitted into the use of marijuana to treat Parkinson’s and Alzheimer’s disease, according to Dr. Sophorn Mekthon, chairman of the Government Pharmaceutical Organization.

“What is most important in the whole debate is the accessibility of medical marijuana to patients,” he said.

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Vietnam Seeks Arrest of Activist Over Facebook Posts

Posted: 12 Dec 2018 08:48 PM PST

HANOI — Police in Vietnam have issued an arrest warrant for an activist accused of trying to overthrow the state by posting pro-democracy materials on Facebook.

Nguyen Van Trang, a member of the banned group Brotherhood for Democracy, posted articles, photos and videos on his Facebook account that distorted the policies of the Communist Party and state, and incited people to protest, the Ministry of Public Security said on its website.

Despite sweeping economic and social reforms in Vietnam, the ruling Communist Party retains tight media censorship and does not tolerate criticism.

Several Brotherhood members have been jailed this year since the group was formed in 2013 to “build multi-party democracy” in the Southeast Asian country.

Trang left his home in the northern province of Thanh Hoa and his whereabouts are unknown, the ministry said. The arrest warrant was issued on Dec. 5.

“Anyone has the right to arrest the suspect and escort him to the nearest police station,” it said.

Facebook is widely used in Vietnam and serves as the main platform for dissidents. The government said last month it wants 50 percent of social media users on domestic social networks by 2020 and plans to prevent “toxic information” on Facebook and Google.

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Pakistan Denounces Blacklisting by US for Religious Freedom Violations

Posted: 12 Dec 2018 08:46 PM PST

ISLAMABAD, Pakistan—Pakistan on Wednesday denounced the United States for placing it on a list of countries violating religious freedoms, calling the designation politically motivated.

US Secretary of State Mike Pompeo on Tuesday added mainly Muslim Pakistan to the US list of “countries of particular concern,” which have violated religious freedoms or tolerated abuses against religious groups.

The move is likely to put further strain on relations between Islamabad and Washington, which have repeatedly clashed over how to deal with Islamist militants waging war in Afghanistan.

Pakistan’s addition to the list comes despite efforts to end what in recent years has been its most controversial case involving a member of a minority religion.

The Supreme Court in October acquitted a Christian woman held on death row for more than eight years on a charge of blasphemy that she denied. The acquittal sparked days of violent protests by hardline Muslims.

Pakistan’s foreign ministry said preserving the rights of minorities was a “cardinal principle” of the constitution, and it denounced the inclusion on the US list.

“Pakistan rejects the US State Department's unilateral and politically motivated pronouncement,” the ministry said in a statement.

Last year, the United States put Pakistan on a watch-list of countries that violate religious freedom.

This year came the designation, along with Myanmar, China, Eritrea, Iran, North Korea, Sudan, Saudi Arabia, Tajikistan and Turkmenistan.

Pakistan was created out of Muslim-majority areas in colonial India in 1947, and for decades portrayed itself as a progressive Islamic nation.

Starting in the 1980s, however, it has drifted towards a more conservative interpretation of Islam that has reshaped the political landscape, fueled militancy and cowed champions of tolerance and members of minorities into silence.

The vast majority of Pakistan's 208 million people are Muslims, with minorities accounting for about 4 percent of the population, including Christians, Hindus, Sikhs and members of the Ahmadi Muslim sect, who say they are singled out for persecution.

Human Rights Minister Shireen Mazari said Pakistan’s inclusion on the US list was “pure political blackmailing” and an attempt by the United States to pressure Pakistan to implement US policy goals in Afghanistan.

Pompeo urged countries on the list to increase respect for religious freedom.

“In far too many places across the globe, individuals continue to face harassment, arrests, or even death for simply living their lives in accordance with their beliefs,” he said in a statement.

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Trump Intervention Comment May be Gift to Huawei CFO

Posted: 12 Dec 2018 08:30 PM PST

VANCOUVER/HONG KONG — Huawei executive Meng Wanzhou, released on bail on Tuesday to await a ruling on U.S. extradition at one of her luxury Vancouver homes, may have received welcome ammunition in court from an unlikely source — President Donald Trump.

As the hearing was winding up in a Canadian court, Trump told Reuters he would intervene in the U.S. Justice Department’s case against Meng if it would serve national security interests or help close a trade deal with China.

Legal experts and Canadian officials said the comments could allow Meng’s lawyers to contend her prosecution is politically motivated, an argument that would resonate in Canada, where judges are particularly wary of abuse of the court system.

“He has handed her lawyers an opportunity to argue that the prosecution has been politicized and the extradition proceedings should end,” said Robert Currie, a professor of international law at Dalhousie University in Halifax. A Canadian official agreed that the comments could be raised.

Currie also said, however: “It’s not a sure thing.”

U.S. prosecutors accuse Meng, the chief financial officer and daughter of the founder of Huawei Technologies Co Ltd, of misleading multinational banks about Iran-linked transactions, putting the banks at risk of violating U.S. sanctions. Meng says she is innocent.

If a Canadian judge rules the case is strong enough, Canada’s justice minister must next decide whether to extradite Meng to the United States. If so, Meng would face U.S. charges of conspiracy to defraud multiple financial institutions, with a maximum sentence of 30 years for each charge.

The Justice Department bristled at Trump’s remarks, which referred to current efforts by China and the United States to negotiate a deal to resolve their trade war.

Asked about the comments at a Senate Judiciary Committee hearing on Wednesday, Assistant Attorney General John Demers said his department was not “a tool of trade.”

“What we do at the Justice Department is law enforcement. We don’t do trade,” said Demers, the department’s top national security official.

Meng’s lawyer was not reachable for comment on Wednesday. The White House did not reply immediately to a request for comment.

Canadian Foreign Minister Chrystia Freeland said the legal process should not be hijacked for political purposes and that Meng’s lawyers would have the option of raising Trump’s remarks if they decided to fight extradition.

“Our extradition partners should not seek to politicize the extradition process or use it for ends other than the pursuit of justice and following the rule of law,” she said.

Bargaining chip

Meng is one of her country’s most powerful businesswomen and her father, Huawei CEO Ren Zhengfei, is a former People’s Liberation Army engineer.

The company, which builds everything from networks to handsets, is China’s largest technology company by employees, with more than 180,000 staff and revenue of $93 billion in 2017.

Bennett Gershman, a professor at Pace Law School in New York, said it was hard to see how national security or foreign policy could justify a possible intervention by Trump in the Huawei case.

“It seems like Trump is using this case as a bargaining chip in our trade deals and for financial gains,” Gershman said.

There is precedent for White House involvement in criminal cases for foreign policy reasons. The Obama administration in 2016 dismissed charges against a man based on “significant foreign policy interests” related to Iran’s nuclear program and agreed on a prisoner swap with Iran.

Earlier this year, Trump revisited penalties against Chinese company ZTE Corp for violating trade sanctions with Iran, saying the telecom maker is a big buyer for U.S. suppliers.

The case against Meng stems from a 2013 Reuters report that Huawei had close ties to a Hong Kong-based firm that attempted to sell U.S. equipment to Iran despite U.S. and European Union bans.

Ankle monitor, multimillion-dollar homes

No matter what the politics, one thing seems clear — Meng will be staying in Vancouver for a long time. It can take up to 12 years to exhaust all legal avenues in the Canadian extradition process.

Meng appeared to be settling into one of the two multimillion-dollar properties she owns in the city, a likely relief after spending 10 days in a women's prison that a former inmate described as spartan, with little privacy.

“I am in Vancouver, got back with my family,” Meng posted on her account on Chinese instant messaging platform WeChat after her release. “Thanks to everyone for your concern.”

Fitted with an ankle monitor and hampered by severe restrictions on her movements, the executive faces a dramatic comedown from the jet-set lifestyle described in court documents.

Meng’s seven passports issued by China and Hong Kong held stamps showing travels around the world including to the United States, Mauritius, South Africa, Madagascar, Ghana, Mali and Myanmar, court documents showed.

She became a Canadian permanent resident in 2001, but her status expired in 2009, according to the court hearing.

U.S. prosecutors believe she stopped traveling to the United States after Huawei learned of the criminal investigation being pursued by the Justice Department in April 2017.

Her lawyers told the court that she will spend Christmas with her husband, Liu Xiaozong, 43, her daughter and one of her sons. Liu identified himself in court documents as a venture capitalist and Meng’s lawyer said he previously worked for Huawei in Mexico.

The couple married in Hong Kong in 2007 and have the one daughter together, said Liu, in addition to Meng’s three sons from previous marriages, aged between 14 and 20. One is enrolled at Eaglebrook school in Massachusetts in the seventh grade, according to a Dec. 6 character reference from its headmaster.

“I have been working hard for 25 years and … my only simple goal would be to be with my husband and daughter,” Meng’s lawyer quoted her as saying on Tuesday. “I haven't read a novel in years.”

The post Trump Intervention Comment May be Gift to Huawei CFO appeared first on The Irrawaddy.

In Fear of the State: Bangladeshi Journalists Self-Censor as Election Approaches

Posted: 12 Dec 2018 08:28 PM PST

DHAKA—With less than a month to go to a general election, many journalists in Bangladesh say they are living in fear of ever-tightening media laws and engaging in self-censorship as a result.

While Prime Minister Sheikh Hasina’s administration has won plaudits globally for welcoming hundreds of thousands of Rohingya refugees fleeing persecution in Myanmar, critics have lashed out at it for cracking down on free speech and an increasingly authoritarian rule.

In interviews Reuters conducted with 32 journalists and editors across print, digital and broadcast media in Bangladesh, the vast majority said the recent strengthening of defamation laws with a new Digital Security Act (DSA) has spread a climate of fear in the industry.

Dozens of journalists were arrested for defamation under the earlier law, the Information and Communication Technology (ICT) Act.

The DSA goes further—penalizing obtaining papers, information, or pictures from government offices without official consent, said Asif Nazrul, a professor of Law at the University of Dhaka. “It would make investigative journalism on corruption, human rights abuses and bad governance very tough, if not impossible,” he said.

Another piece of legislation, the Broadcast Act 2018, was proposed in October to regulate broadcast news portals.

Both laws restrict bail and allow arrests without a warrant.

The government has denied accusations it's trying to curb press freedom and Hasina assured a press briefing in October that “journalists who do not publish false news need not worry” about the DSA.

Journalists, however, question the timing of the laws and have staged protests in recent weeks in the capital Dhaka, particularly against the DSA, which they say will thwart their ability to report independently, especially on the upcoming election.

Critics of Hasina, who is seeking a third straight term in power, say the Dec. 30 election will be a litmus test for the strength of democracy in Bangladesh. The last election in 2014 was boycotted by the opposition Bangladesh Nationalist Party (BNP) as unfair and shunned by international observers, with more than half the seats uncontested.

Matiur Rahman Chowdhury, editor-in-chief of Manab Zamin, a popular Bengali-language daily, said self-censorship was becoming common.

“As an editor, I feel sad when I kill a report that was the outcome of several days of exhaustive work by a reporter. But I take the decision purely to save the reporter, because I know the risks involved in publishing it,” he said. “I fight every moment with myself and with my shadow.”

"Distorting the truth"

H. T. Imam, a member of the ruling Awami League and Hasina’s political adviser, said journalists need not fear doing their jobs, and “can write on whatever is happening on the ground.”

“But they should restrain themselves from distorting the truth—that is very important,” he told Reuters. “You should not equate liberty with license.”

The government also says new licenses to operate have been issued to several media organisations under Hasina’s rule, indicating its support of an independent press.

But while Bangladesh has a bevy of news outlets, many journalists say they can’t write as freely as they once did. The case of The Daily Star, the country's most widely-circulated English newspaper, stands out:

“I used to write a column regularly and fearlessly. Now, I seldom do,” said Mahfuz Anam, who has been the editor of The Daily Star for 25 years.

Anam was charged with defamation and treason in more than 80 cases filed by Awami League workers in 2016, with damages sought exceeding $8 billion. They were filed in various lower courts across Bangladesh, forcing him to run around the country seeking bail, and he’s had to obtain periodic stays on them ever since.

Anam says his paper is barred from covering the prime minister’s events, and advertisers have privately told him that officials have pressured them to stop advertising in his paper.

Two officials at two of Bangladesh’s biggest telecom operators said the government had instructed them in 2015 to stop advertising in The Daily Star. They declined to be named for fear of reprisals.

“We never interfere or influence any private organization as it is completely their wish and right,” Information Minister Hasanul Haq told Reuters, referring to the advertisers. He said decisions on who should be allowed to attend the prime minister’s events were taken by Hasina’s security department.

Vaguely-worded laws

Government assurances that the laws won’t be used against them have failed to assuage concerns of many journalists, who point to past arrests.

While the police say they doesn’t maintain figures on detained journalists, global media watchdog Reporters Without Borders says at least 25 journalists and several hundred bloggers and Facebook users were prosecuted under the ICT Act in 2017 alone.

The new DSA has “vaguely-worded provisions that would allow authorities to clamp down even more on dissent,” the group said.

Under the proposed broadcast law, media outlets publishing or broadcasting anything deemed to be “false” or against national interest could be fined, lose licenses or see their staff jailed.

It’s unclear how the election results might impact media freedoms. The BNP says it would strike down the DSA if it wins, but it cracked down on media organisations seen as unfriendly when it was in power more than a decade ago.

Bangladesh now ranks 148th out of 180 countries on the press freedom index compiled by Reporters Without Borders, sliding from 121 in 2009 when Hasina came to power. Haq, the information minister, said the ranking was not fair as it reflected views of only private organisations. “It could be standard if it reflected both government and private views.”

Many journalists say there is a growing and conspicuous silence on public criticism of the government, especially online.

Those who speak out have faced action: On July 13, a day after Hasina told parliament it was impossible to accede to some student demands, Maidul Islam, a university professor, posted two words on Facebook “Hasi Na.” In the Bengali language, the words mean “Not Laughing.”

Days later, an activist backing the Awami League filed a complaint against Islam under the ICT Act, accusing him of defaming the prime minister. Islam was arrested and jailed for more than a month before he got bail, and if he loses the case he faces up to 14 years in prison.

The post In Fear of the State: Bangladeshi Journalists Self-Censor as Election Approaches appeared first on The Irrawaddy.
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