The Irrawaddy Magazine |
- Myanmar Failing to Create Conditions Needed for Rohingya Return: UN
- The Myanmar Military’s Loose Lips: Gaffe or Gambit?
- Imagining a Better World in a Kayan Mountain Village
| Myanmar Failing to Create Conditions Needed for Rohingya Return: UN Posted: 26 Jan 2019 01:18 AM PST DHAKA—The United Nations special rapporteur on the human rights situation in Myanmar, Yanghee Lee, on Friday said Myanmar security forces have been engaged in an intimidation campaign against Rohingya people living in border areas and camps in Bangladesh to ensure they do not return to Myanmar. "It is evident that Myanmar is not working to create conditions for return for the Rohingya but is engaging in a sustained campaign of violence, intimidation and harassment," she told a press conference at a hotel in the Bangladeshi capital Dhaka on Friday evening. The press conference marked the conclusion of her 11-day visit to Bangladesh and Thailand. To the contrary, she said, Myanmar security forces have continued to force Rohingya to flee to Bangladesh. The UN special envoy said she had found during her visit that Rohingya refugees in Bangladesh will not be able to return to Myanmar in the near future. She encouraged the Bangladeshi government to begin to engage in longer-term planning and prepare the local population for this reality. She also suggested UN member countries consider setting up an ad-hoc court on Myanmar for ensuring accountability for crimes against humanity in Rakhine State. Obtaining such a decision from the UN Security Council is unlikely as permanent members have veto power and they are not all likely to agree. Therefore, she said, UN member countries could also take the step of establishing an ad-hoc court on Myanmar, among several other options. She expressed her annoyance over the deportation of Rohingya people from India and Saudi Arabia to Bangladesh, adding that Delhi and Riyadh must ensure that the Rohingya people can live in safety and dignity within their territories until the refugees can return home. Lee on Thursday visited Bhashan Char, an island in Noakhali District, to check the progress of facilities there. The Bangladesh government has a plan to transfer a portion of the Rohingya refugees to the island. "If any plans are made about refugee relocation in the future, refugees must be fully engaged and participate in the process," she said. "Without a protection framework agreed with the humanitarian community, the plans cannot move forward." She said third-country resettlement was not a realistic possibility, given the huge number of people involved. In a separate statement issued by the UN in Geneva on the same day, Lee said, "Communities are divided based on religion and ethnicity, and members of minorities face marginalization and discrimination. Ethnic nationalities continue to be subject to domination by [Myanmar's] central government and the military, despite the official stance that they are working for peace to be brought to the country." Regarding the situation in Rakhine State, Lee said the escalation in fighting between the military and the Arakan Army is very worrisome, especially because the government and military have blocked humanitarian access. The special rapporteur also noted that there was continued fighting in Kayin State, and that new military bases have been built in Kayah State. The post Myanmar Failing to Create Conditions Needed for Rohingya Return: UN appeared first on The Irrawaddy. |
| The Myanmar Military’s Loose Lips: Gaffe or Gambit? Posted: 25 Jan 2019 09:10 PM PST Kyaw Zwa Moe: Welcome to Dateline Irrawaddy! Recently, spokespeople for the Tatmadaw (Myanmar military) said during a press conference that State Counselor Daw Aung San Suu Kyi instructed it to crush the Arakan Army (AA). The following day, a spokesperson of the President's Office, U Zaw Htay, released a statement in response and said it was privileged information. We'll discuss whether the military spokesperson disclosed something he shouldn’t have or did so with political or other motives, and what impact the claim will have on relations between the government and the military. U Kyi Myint, a lawyer and chairman of the Union Lawyers and Paralegals Association, and Dr. Min Zaw Oo, executive director of the Myanmar Institute for Peace and Security, join me to discuss this. I'm Kyaw Zwa Moe. Spokespeople for the Tatmadaw at their press conference revealed what was discussed at the top-level meeting between Daw Aung San Suu Kyi, the president, the military chief and some Union-level ministers. U Zaw Htay said it was privileged information, which is defined as secret information that is barred from being disclosed to the public. Ko Min Zaw Oo, what is your assessment of this? Why did the Tatmadaw spokespeople disclose it? Do you think they have political motives, or other motives? Min Zaw Oo: I wouldn't like to speculate about their intentions. According to procedure, the records of the meetings of state leaders are top secret. Privileged information is a formal term. Normally it is called classified information. Any piece of information that can negatively impact national security if it is exposed is treated as classified information. Once a piece of information is designated as classified information, it can't be told to the public until it is declassified. Some of the issues discussed at the national-level meeting relate to policies. Then there must be discussion about whether or not to make those policies public. If something is to be made public, for example, (spokespeople) can say the Tatmadaw and the government share the same position on internal insurgency. But according to procedure, disclosing exactly who said what at the meeting is not allowed. It is difficult to say why [the military spokespeople] said it. But we can say that it is not in line with the procedures for handling and publishing classified information. KZM: Tatmadaw spokespeople named Daw Aung San Suu Kyi as the one who instructed it to annihilate the AA. It provoked widespread criticism on social media as well as from the Arakanese community, and criticism of Daw Aung San Suu Kyi. What is your assessment of this from a legal perspective? Kyi Myint: I was quite taken aback by the statement of the Tatmadaw True News Information Team. I wouldn't have believed it if it were not said by the Tatmadaw True News Information Team. It is in fact a violation of the Official Secrets Act. There is no higher-level meeting than the recent one. If somebody speaks about it the same day as the meeting, it might be because he was instructed (by the leaders) to do so. But if it is said at a different place at a different time, it is a violation of the Official Secrets Act. The term "privileged information" is used to cover up the violation of the Official Secrets Act. How justifiable is that? Union Parliament Law No. 11, Lower House Law Section 12 and Upper House Law Section 12 grant exemptions, but only for lawmakers and not for other people. Filing a complaint against someone under the Official Secrets Act needs the approval of the president. You can't just file a complaint directly. Penalties vary depending on the degree of the secret — a maximum of 14 years and a minimum of two years in prison. Even if a piece of information is leaked, it depends on the opinion of the president and the state counselor. A lawsuit can't be filed if they don't approve it. It is, without doubt, a disclosure of official secrets to have revealed who said what at a top-level meeting. Though U Zaw Htay said it was privileged information, that is not enough justification. Only the state counselor and the president have the authority to decide whether or not to take action. KZM: We don't know what political motives the military has. It seems the Tatmadaw spokespeople made the disclosure under instructions from their bosses. Some doubted Daw Aung San Suu Kyi really said it. Whether she said it or not, Arakanese political parties and the Arakanese community expressed their negative feelings towards Daw Aung San Suu Kyi and her government on social media. So how bad was the impact? Didn't the Tatmadaw leaders expect it, or did they just want to show that Daw Aung San Suu Kyi is on their side on that issue? MZO: To make a fair assessment, what U Zaw Htay told the media made an impact even before the press conference of the Tatmadaw True News Information Team. And the impact intensified when the Tatmadaw spokesperson named Daw Aung San Suu Kyi in particular. The gulf between the National League for Democracy (NLD) and Arakanese parties widened. The Arakanese community's view of the government and Daw Aung San Suu Kyi has become more negative. There is more criticism from the Arakanese community on social media. The Official Secrets Act of Myanmar mainly lists the conditions under which the law can be violated and doesn't clearly define official secrets. And there is no procedure regarding declassification. So there are related problems. KZM: Before the most recent one, there were top-level meetings in the past. Daw Aung San Suu Kyi, while she was under house arrest, had meetings with former military chief Senior General Than Shwe, Vice Senior General Maung Aye and General Khin Nyunt during the military regime. And since the 2015 elections, Daw Aung San Suu Kyi and commander-in-chief Senior General Min Aung Hlaing have met four, five times including their private meetings. Their last meeting took place in January 2019 and focused on the Rakhine issue. Before this, there were no information leaks. Daw Aung San Suu Kyi has never leaked information even though she might have discussed important issues. There were reports that Daw Aung San Suu Kyi and U Than Shwe met two times in the past few years. But no information leaked about their meetings. There are no regulations about what information should and should not be disclosed. They are mainly concerned with the motives behind it. Today, our country is focusing on national reconciliation, mainly between the civilian government, Tatmadaw and ethnic armed groups. So I don't think [the government] will take harsh action for saying so. But what can [the government] do in response in a moderate way? KM: The Official Secrets Act was enacted in 1923 as Act No. 19. Sections 3 and 4 of the law define the conditions deemed to constitute the disclosure of official secrets. And the law classifies actions that are punishable by 14 years [in prison] and punishable by 2 years. [And the Tatmadaw spokesperson's disclosure of information] infringes on the Official Secrets Act. But then, the law doesn't necessitate taking action for violations. (The recent meeting) is the highest-level meeting in the country. Everybody knows that such a disclosure negatively affects the image of a people's leader both inside and outside the country. So I would like to suggest that responsible people should exercise caution with such information in the future. KZM: The Tatmadaw spokespeople quoted Daw Aung San Suu Kyi as saying there would be finger-pointing if the Tatmadaw did not attack the AA, (whose members are from a recognized) ethnic group, but crushed ARSA (Arakan Rohingya Salvation Army), (whose members) practice a different religion. Do you think the Tatmadaw spokespeople need to reveal such details? The disclosure has caused great division between Daw Aung San Suu Kyi and her government and Arakanese political parties and the Arakanese community. How bad was the impact of the disclosure? MZO: It seems to have caused some friction between the government and the Tatmadaw. And it caused some friction between the NLD and Arakanese political parties and the Arakanese community. What can be done to prevent this? Suppose the top leaders hold a meeting and adopt a policy. The top leaders should discuss whether or not that policy should be made public. If they agree to make it public, they can do so. The nature of a meeting is that a decision reached at the meeting can be made public, but normally the details about who said what and why are not made public. If such things are disclosed, the classified information will no longer be secret. It would be good if everyone could work together to prevent this from happening again. KZM: Some scholars suggest that the disclosure of such information could undermine trust. MZO: In the peace process, there is a need to hold many talks with many ethnic armed groups. They are not lawful groups; they are outlawed. Even in talks with such groups, there are lines that can't be crossed. Both sides know the other's misdeeds, which they can use to criticize the other side. But they should not disclose them. Though there is no law [that prohibits the disclosure of information], certain things must be observed according to protocol. KZM: Thank you for your contributions! Translated from Burmese by Thet Ko Ko. The post The Myanmar Military’s Loose Lips: Gaffe or Gambit? appeared first on The Irrawaddy. |
| Imagining a Better World in a Kayan Mountain Village Posted: 25 Jan 2019 06:02 PM PST Just before our Toyota pick-up set off, a local middle-aged man told my friend who had organized our trip, "Sorry, I can't join you, but our platoon commander will accompany you up there. Nothing to worry about." Then, a cheerful, stout man in his 20s wearing camouflage pants and a blue jacket with a pistol jammed in his belt jumped onto our four-wheel-drive truck and we were off. We were in Cebu, a village about three hours' drive from Loikaw, the capital of Kayah (Karenni) State in eastern Myanmar. Though it is located in Shan State, almost the entire population of the village is Kayan, a Karenni subgroup. Encountering such a village is not unusual in Myanmar—it simply demonstrates how diverse the country is, with its different regions that are home to various tribes and religious groups. The Kayan are legendary for the bronze rings worn by some of their "long-necked" women. Our pickup truck was now gearing up to climb a narrow road into a village, with rocky mountains on our right and a steep abyss to our left. The cool mountain breeze coming through the windows kept the air inside the vehicle crisp, and the green hills made for a refreshing sight. Without the presence of the platoon commander from the Kayan National Liberation Army (KNLA), however, we wouldn't have been able to drive up to the village, as it is located in the ethnic armed group's territory. The KNLA signed a ceasefire with the previous military regime in the mid-1990s. On the way to our mountainous destination, any worries we may have had began to seem unfounded. The view was scenic, the road rough and steep, the weather pleasantly chilly, the situation peaceful. On the way, our car had to stop twice at makeshift bamboo gates; the platoon commander briskly jumped off to open and reclose the gates—there were no guards or other signs of military presence.  It did not feel to us inside the car that we were in rebel-held territory. The area is no longer an active military zone—unlike two decades ago. Our trip had a single purpose—to explore "virgin territory" as domestic tourists. Before driving up into the mountains, we enjoyed a lunch of authentic Kayan dishes of boa meat with local spices. As we ate, our host in Cebu Village pointed to the mountains behind the village and told me, "Many years ago, we used to go and hide up in those mountains occasionally, as there was fighting between the government army and Kayan rebels." Our host continued, "We had to stay up there for days or weeks. One time, I was taken by the [government] army as a porter, like other villagers. Luckily I survived." "No more fighting these days," he continued. In his 50s now, he is clearly a happy family man living with his wife and daughters. My friend told me he is the best chef in the village. That certainly seemed true but his wife's dishes of boa meat were also amazingly tasty. All Kayan dishes have a unique flavor, thanks to the use of locally grown Matkhar pepper, which makes your tongue slightly numb; their heat is reminiscent of Szechuan peppercorns.  Today, Cebu is still a stronghold of the KNLA and its political wing, the Kayan New Land Party, whose headquarters are located in this village. In a grand Kayan mausoleum near the headquarters, their late leader U Shwe Aye is buried. He founded the KNLP in 1964, two years after the dictator General Ne Win staged a coup and began his iron-fisted rule of the county, which included repressing ethnic peoples' rights in remote areas like Kayah State. After driving up and down several mountains for an hour-and-a-half on a dirt road, our lunch host pointed out that our car had reached its destination, Rankhu Village, which sits around 4,000 feet above sea level on a peak surrounded by other mountains. "Rankhu" means "rocky"; residents said the village was built 300 years ago on the mountain as a refuge from tribal fighting and natural disasters. Our jaws dropped to see the way the houses literally perch atop rocks and large boulders. The entire village was built up among and upon rocks and boulders. There are about 60 households in the village, whose population is just over 300. All are Kayan, but they belong to various sub-tribes. Almost all are Catholic. The children and other villagers seemed to be expecting us, and flocked to the center of the village when our vehicle pulled up. Smiles beamed from every face. It was almost sunset, so our group climbed to the central point of the village, which is elevated above most of the homes. At night, some of the senior villagers, including bishops, mostly middle-aged, came to converse with us. They said many of the other villagers had wanted to come up and talk, but they had told them not to disturb the guests. Much of the conversation was focused on what they can do to develop their village, whose livelihood is based entirely on agriculture, especially rice, chilies and a few other crops. They said they were interested in developing community-based tourism, which they believe has potential as another income stream for the village. They are eager to embark on the kind of development they see occurring in other, better-connected villages. The conversation barely touched on politics. The crowing of roosters woke me up next morning. They seemed to be engaged in a crowing competition. I climbed out of my sleeping bag to find that thin clouds had gathered around central Rankhu and above the roofs of the houses in the village. Before long, our group was amazed to see an "invasion" of thick clouds into the village. The entire village and the nearby peaks were soon enveloped in a sea of cloud. I felt as if I were being borne aloft in the air by this sea of clouds. The atmosphere brought to mind some lyrics from John Lennon's "Imagine": Imagine there's no heaven They were the perfect lyrics for this moment, encapsulating my feeling of floating serenely among a sea of cloud in a space with no heaven above and no hell below. Looking down on the village from this point was so tranquil. The message of "Imagine" was enhanced by something I had noticed since arriving in the village the previous day: the total lack of any political party offices—no flags or offices of the ruling and popular National League for Democracy, no presence of the Union Solidarity and Development Party, led by ex-generals: nothing. It seemed to set this place apart from any other in the country. That doesn't mean that the villagers are not interested in politics. In the Rankhu Center, there are several photos hanging on the wall, just as you find in other Kayan villages. Among them, the main three are: independence hero Bogyoke Aung San; his daughter and the country's current de facto leader, Daw Aung San Suu Kyi; and the late Kayan leader U Shwe Aye, in that order. My friend told me that those three photos are seen in most Kayan villages and other official places. In Cebu and Rankhu, I saw no pictures of previous and current military leaders like ex-president U Thein Sein or Senior-General Min Aung Hlaing, the current commander-in-chief. On the way back down the mountain, I asked whether there were still poppy farms in these mountains. Our Kayan driver answered, "We have far fewer poppy plantations these days." He cracked a local joke while steering the car along the dirt road: "We used to say here, 'We grow mustard seeds, but poppy plants come out!'" We all laughed at this together. Reflecting on how nice and peaceful this trip was, I felt like the "dreamer" Lennon refers to in "Imagine", thinking about my country and the many problems it still faces, while silently singing to myself: Imagine there’s no countries Imagine all the people You may say I’m a dreamer
The post Imagining a Better World in a Kayan Mountain Village appeared first on The Irrawaddy. |
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