Tuesday, January 29, 2019

The Irrawaddy Magazine

The Irrawaddy Magazine

Parliament OKs Debate on Charter-Amendment Panel over Military’s Strong Objection

Posted: 29 Jan 2019 06:02 AM PST

YANGON—Over unanimous opposition from military representatives, Myanmar's Parliament on Tuesday overwhelmingly gave the green light to a discussion of an urgent proposal to form a joint committee on constitutional reform.

National League for Democracy (NLD) Upper House Lawmaker U Aung Kyi Nyunt, who is also a member of the party's Central Executive Committee, submitted a proposal on Tuesday to form a joint committee comprising suitable lawmakers from the Union Parliament to work on amending the military-drafted 2008 Constitution. The charter has been widely criticized as undemocratic, particularly for its stipulation that 25 percent of the seats in Parliament be reserved for unelected military representatives.

Constitutional reform is one of the NLD-led government's key policies, along with promoting the rule of law and ending armed conflict in the country. The proposal to form a committee is the NLD's first official attempt to move down the path of charter amendment since taking office in 2016.

Before a secret vote was called on whether to debate the proposal, the tension between the more than 150 military lawmakers and Parliament Speaker U T Khun Myat was palpable. Military representative Brigadier-General Maung Maung complained that the formation of such a committee was not in line with established procedure, adding that lawmakers should not resort to deceit or craftiness. When the Speaker rejected his complaint, all of the military lawmakers took to their feet—their customary method of displaying their displeasure with NLD motions of which they disapprove. Their defiance prompted the Speaker to ask sarcastically, "What does it mean?"

The Speaker explained that the proposal to form a committee represented an all-inclusive approach to constitutional reform that allowed for debate.

"I will call a secret vote to learn lawmakers' wishes as to whether the motion should be discussed, as there are those who disagree with it," he added.

Out of 601 possible votes, the motion earned 394 "yes" votes, 17 "no" votes and three abstentions. Those who boycotted were likely military lawmakers and their allies in the Union Solidarity and Development Party.

A debate on forming the committee was scheduled for early next month. The NLD's move to initiate discussion of charter change on Tuesday coincided with the second anniversary of the assassination of party legal adviser U Ko Ni in Yangon. The slain lawyer was known as an expert on the Constitution; his role as a leading advocate for constitutional reform is suspected to have prompted his murder.

The NLD has been pushing for constitutional amendment since 2013. In a nationwide campaign poll conducted at that time to gauge the public's views on charter reform, 97 percent of respondents in 267 townships across the country said they wanted the Constitution changed. Any proposed charter amendment requires approval from more than 75 percent of the total lawmakers in Parliament.

Despite the overwhelming public support for reform, the NLD only managed to have a few minor articles of the Constitution changed during the previous U Thein Sein administration, as it was unable to obtain the support of the military and its allies. As a result, some major articles such as 436, which requires that proposed changes to the Constitution be supported by more than 75 percent of lawmakers, and 59 (f), which bars NLD leader and State Counselor Daw Aung San Suu Kyi from becoming Union president, remain untouched.

The post Parliament OKs Debate on Charter-Amendment Panel over Military's Strong Objection appeared first on The Irrawaddy.

Ethnic Health Organizations Suffer from Withdrawal of International Aid

Posted: 29 Jan 2019 04:41 AM PST

Representatives of nine ethnic health groups from across Myanmar recently held a three-day meeting at the Thailand-Myanmar border to discuss how to deal with challenges they face in delivering medical assistance to people in need as an increasing number of international aid groups withdraw programs from the Thailand-Myanmar border.

Health organizations from Karen, Shan, Mon, Karenni and Burmese communities—including representatives of the Mae Tao Clinic—formed a joint collective called the Ethnic Health System Strengthening Group. The organizations are all based along Thailand-Myanmar border and carry out essential medical programs in their respective conflict zones. An Ethnic Health Committee was formed at the meeting to develop health policies and information systems about the health conditions of ethnic communities.

Saw Nay Htoo, a member of the Burma Medical Association who was appointed joint secretary of the committee, told The Irrawaddy on Tuesday about the meeting, which was an annual gathering.

"We discussed the difficulties faced by those in our organizations and we tried to find solutions to the difficulties," he said.

Since Myanmar began to undergo political reforms in 2010 under then-president Thein Sein and international non-governmental organizations (INGOs) who had been giving aid at the border were granted permission to work inside Myanmar, medical aid for those displaced at Thailand-Myanmar border has decreased dramatically.

The health organization representatives reported a lack of access to medicine and long delays in receiving aid from the organizations which continue to work in the area.

In the past, UK Aid was the main donor of medical assistance to health care organizations at the Thailand-Myanmar border. They used to support the health organizations directly, but today they operate through the United Nations Office for Project Services (UNOPS), according to sources in the organizations.

Saw Nay Htoo said that the medical supplies which their health organizations need are not readily available to them in Myanmar, a problem which did not affect them in the past when the international groups were working at the border and got supplies from Thailand.

The organizations also have human resource issues, including a lack of skilled workers. At the meeting, they discussed ways of alleviating the problems and upgrading essential healthcare skills of the members of the group. The areas in which the health groups operate have been the locations of violence between the Myanmar Military and various ethnic armed groups for over six decades. An outcome of the conflict is that the ethnic communities lack education centers for the training of medical professionals and so the health organizations lack personnel to administer treatments and medical advice to those in need.

The meeting attendees discussed the Myanmar government's 2017 plan to implement a universal health coverage project which aims to give every individual in the country full access to health care by 2030. They argued that the government should use a decentralized system in carrying out this plan in order for it to be really effective.

"The government will not succeed on their project if they do not implement a federal health system," said Saw Nay Htoo.

Currently, health organizations operating along the border do not receive any help from the Myanmar government, and continue to rely on a diminishing number of INGOs.

As a result, their health organizations are often underfunded and local people sometimes have to pay out of their own pocket for the treatment which deters the poorer among them from seeking medical treatment, he said.

"Treatment is a burden for them sometimes," he said.

Misunderstandings of the political transition

"We want international NGOs to understand the real political situation in our country. Our country has not yet reached yet a transitional period. It just started an interim period," Saw Nay Htoo said.

He said that it is necessary to work as two different health systems during this period.

International NGOs should donate to programs both inside Myanmar and to those displaced in ethnic areas. If they support only one side, ethnic health care projects will die out, he said.

It is important for international NGOs not to be biased when they give donations, he said.

By supporting two sides, it will also support the peace process in Myanmar. At the moment, in ethnic areas, only ethnic people can effectively deliver healthcare, he said.

Nai Banya Mon, a member of the Mon National Health Care Committee who is also the vice chairperson of the group, reiterated the need for INGOs not to act so quickly on the idea of a political transition.

"For our health organizations, it is an interim period. From the interim period, it could go to a transition. From transition, it could go to a federal system. International NGOs believe it is transition time," he said.

He feels that international aid organizations have abandoned the ethnic people at the border areas who have depended on them for a long time, and jumped the gun by transitioning to work directly with the government health organizations and those working inside Myanmar only.

According to Nai Banya Mon, it will take a long time for the peace process to reach its goal and so international groups must continue to offer health aid to those at the border.

The post Ethnic Health Organizations Suffer from Withdrawal of International Aid appeared first on The Irrawaddy.

Gov’t Working on Final Decision for Myitsone Dam, Minister Says

Posted: 29 Jan 2019 04:06 AM PST

NAYPYITAW—The government is working hard to come up with a final decision on how to proceed with the controversial Myitsone Dam project, the minister of investment and foreign economic relations said. U Thaung Tun acknowledged that the China-backed project is dogged by major problems and has received nationwide pushback.

The minister said the government and a commission studying the project are in very serious discussions and considering all possibilities, including downsizing the dam, relocating it or developing other projects instead. He said the dam project as it was initially conceived under the previous government was "misguided".

"As we are the government, we are working hard to find a solution," U Thaung Tun said at a press conference during the Invest Myanmar Summit in Naypyitaw on Tuesday.

The proposed US$3.6-billion (approximately 5.48 trillion kyats) Myitsone Dam is one of seven hydropower projects planned for the upper reaches of the Irrawaddy River as well as the Mali and N'Mai rivers, at whose confluence the Irrawaddy begins. Work on the project started in 2009, but then-President Thein Sein suspended it in 2011 amid widespread public concern over the dam's social and environmental impacts.

The project remains in limbo. After the National League for Democracy took power in 2016, the government set up a 20-member commission including the chief minister of Kachin to review the project, including its environmental and social impacts. The commission has produced two reports to date, but the government has yet to release either.

U Thaung Tun, Union minister for investment and foreign economic relations, appears at a press conference at the Invest Myanmar Summit 2019 in Naypyitaw on Jan. 29, 2019. / Invest Myanmar Summit 2019 / Facebook

U Thaung Tun said the government still wants to find a solution "because we [value] relations with China".

He said a main problem with the Myitsone project is its location on an earthquake fault line. Also, the catchment area would be twice the size of Singapore, which means a lot of villages would be displaced. "That is the issue," he stressed. He also said local people are concerned the dam will submerge important cultural sites that are sacred to the Kachin people.

He said the concept of the dam project when it was first conceived was "actually misguided."

U Thaung Tun said the public was opposed to the Myitsone project for a variety of religious, cultural and social reasons.

"This is the head of the entire river system; this is the lifeblood of Myanmar," he said.

Experts point out that the dam site is important for its biodiversity and environmentalists warn the project would both destroy the natural beauty of the Irrawaddy River and disrupt water flow downstream.

Acknowledging the lack of local support for the project, the minister said he had read a newspaper column strongly objecting to the proposed project that morning.

In recent weeks, China's ambassador to Myanmar has strongly pressured Kachin political and religious leaders on the need to restart the Myitsone project. He said it was an important part of China's ambitious Belt and Road Initiative (BRI) Initiative. State Counselor Daw Aung San Suu Kyi chairs the Myanmar BRI committee.

Referring to the previous agreement between a Chinese company and the former military regime, he said, "I believe that if they did enough research, they would find that this dam needs to be reconsidered," U Thaung Tun said.

He criticized the past actions of the Chinese company involved in the project, as well as of Myanmar's former military regime "They did not consult experts, locals or other environmental experts. They should have done an EIA [environmental impact assessment], environmental management and SIA [socio-economic impact assessment]."

According to the original project agreement, 90 percent of the electricity generated by the project would go to China. "These are sensitive issues that should have been discussed before the project started," the minister said.

U Thaung Tun cited the example of the Kyaukphyu deep seaport in Rakhine State, a framework agreement for which was inked after several renegotiations with China last year. The project's estimated cost was reduced from $9.5 billion to $1.3 billion to prevent Myanmar from becoming too indebted to China.

He said the government wants to avoid making the same mistake as some other countries, which have found themselves deeply indebted to China after entering into infrastructure-development agreements with Beijing. The government had managed to ensure that Kyaukphyu is a demand-based project, he said.

U Thaung Tun said the fate of the Myitsone Dam project was in the hands of the commission, but did not say when a decision would be made.

The post Gov't Working on Final Decision for Myitsone Dam, Minister Says appeared first on The Irrawaddy.

Illegal Gravel Pit Collapse Kills 3 in Sagaing Region

Posted: 29 Jan 2019 03:30 AM PST

MANDALAY — Three people were killed and one person was injured Monday in Sagaing Region’s Sagaing Township when an illegal gravel quarry collapsed on them.

U Kyaw Kyaw Naing, assistant director of the Sagaing Region Fire Services Department, said two men and a woman working in the quarry were killed instantly at about 9 a.m. when some rocks fell on them from a height of 12 feet. He said another man was also seriously injured and sent to hospital.

Police, firefighters and civil society groups joined the rescue effort.

Solciers, firefighters and volunteers gather at the site of a gravel pit collapse in Sagaing Region on Monday. / Zaw Zaw / The Irrawaddy

The quarry is located near the village of Taung Nyo Ywa Thit in a restricted area managed by the Forest Department. U Kyaw Kyaw Naing said people work the site with small machines to supply gravel for road projects.

"It is not officially permitted to quarry there, but locals quarry for their livelihood," he said.

U Zaw Min, a local resident, said most of the workers come from other parts of the country.

"Most of the locals work on farm," he said.

Backhoes dig gravel at a pit in Sagaing Region. / Zaw Zaw / The Irrawaddy

A resident said many of the people working the quarry fled within hours of the collapse for fear that authorities would punish them for working at an illegal site,

Translated from Burmese by Thet Ko Ko.

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Kachin Chief Minister’s Proposal to Split Ministry Disrupts Emergency Parliament Session

Posted: 29 Jan 2019 01:35 AM PST

YANGON — The speaker of the Kachin State Parliament on Monday adjourned an emergency session early after some lawmakers vigorously objected to a proposal by the chief minister to split the Ministry of Transportation, Electricity and Industry.

Chief Minister U Khet Aung proposed dissolving the existing ministry and replacing it with a Ministry of Construction and Transportation and a Ministry of Electricity and Industry. He said he submitted the proposal in line with Section 248 (c) of the Constitution, which says the president can make changes and additions to the ministries with the approval of the region and state parliaments.

But four lawmakers objected, arguing that those powers were reserved for the president, not the chief ministers.

"Chief ministers are not authorized to make changes and additions according to the Constitution. It says the president, and only when the president submits a proposal, can the agenda proceed," said U Zaw Win, who represents Tanai Township.

He said they had to abide by the Constitution whether they liked it or not.

Speaker U Tun Tin said he summoned the emergency session because President U Win Myint instructed him to do so over the phone.

"I was ordered to summon Parliament within three days. So I had to summon Parliament urgently. The chief minister must have received the order from the president," he said.

But due to the objections to the chief minister’s proposal, U Tun Tin decided to adjourn the session to await further instructions from the president.

Sumprabum Township lawmaker Je Htu Yaw said she heard that the chief minister was told to propose the ministry shakeup by the president.

The session’s agenda also included nominations for three new state ministers, but the meeting was adjourned before they could be discussed, said lawmaker U Tin Aye, of Mohnyin Township.

Last week U Khet Aung told three state ministers to resign their posts without giving a reason other than to say that the instructions came from State Counselor Daw Aung San Suu Kyi.

While two of the ministers capitulated, Natural Resources Minister U H La Aung refused, insisting that he would not resign until he knew the reasons for the request.

The President's Office later issued two statements, one announcing the retirement of the two ministers who resigned and another announcing U H La Aung’s dismissal.

Translated from Burmese by Thet Ko Ko.

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NLD Makes First Official Move to Amend Constitution

Posted: 28 Jan 2019 11:41 PM PST

YANGON—Myanmar's ruling National League for Democracy will submit an urgent proposal to form a joint parliamentary committee to work on amending the country's military-drafted Constitution, the Parliament Speaker announced on Tuesday. It is the NLD's first official attempt to change the charter since the party came to power a little more than two years ago.

Drafted in 2008 by the then-ruling military junta, the Constitution has been widely criticized as undemocratic. It reserves 25 percent of the seats in the Union Parliament for unelected military representatives.

Union Parliament Speaker U T Khun Myat announced Tuesday that a proposal to form the committee would be submitted to Parliament by NLD lawmaker U Aung Kyi Nyunt in the afternoon.

"The proposal urges the Union Parliament to form a joint committee comprising suitable lawmakers … to facilitate attempts to amend the Constitution as soon as possible," said the Speaker, who read the proposal out in Parliament.

Lawmakers were set to discuss the proposal on Tuesday afternoon.

The announcement drew immediate objections from military representatives, who questioned the proposal's legality. They claimed any move to amend the Constitution requires a draft signed by at least 20 lawmakers.

"We have no idea what will be changed or how, as the Speaker [just] said that a joint committee will be formed," Brigadier-General Maung Maung said in Parliament.

The Speaker responded that he was merely informing the Parliament of the proposal.

"You can discuss it when the proposal is opened to debate. The Parliament is a multiparty institution, so now we are just calling for participation from party lawmakers as a matter of transparency," he said.

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Major Push for Investment in Rakhine at Invest Myanmar Summit

Posted: 28 Jan 2019 11:41 PM PST

NAYPYITAW—Despite a troubled reputation fueled by the Rohingya crisis and recent violent clashes between government and Arakan Army troops, the government of Rakhine State has been desperately inviting foreign investment to the state in order to move ahead on economic development plans for the state.

"If we have economic development in those areas, we can gain trust from investors. They would stop worrying about the instability that actually affected a small part of the Rakhine State," Rakhine Chief Minister U Nyi Pu said at the Invest Myanmar Summit 2019 in Naypyitaw on Monday.

"This is the reason I want to focus on development projects more on those areas," he said.

The summit is being held to attract foreign investment mainly from countries of East Asia, and also to counteract a significant decline in foreign direct investment (FDI) seen in Myanmar over the last two fiscal years. At this first summit of its kind, 10 states and regions have come up with their own projects to attract investors, focusing on the construction of economic zones, industrial parks and power plants, new city development, mining projects, upgrading airports and eco-tourism development.

Among 120 projects worth over $3 billion which are being showcased at the summit, six  projects are being prioritized in Rakhine—the Kyaetaw-Mingan development project which involves a port, trade zone, apartments, supermarket and a small and medium enterprises (SMEs) zone in Sittwe Township; construction of a new airport in Mrauk-U; the upgrade of Ngapali Airport in Thandwe Township; an eco-tourism project on Man Aung Island; Ponnagyun industrial project in Sittwe; and a new city project in Mrauk-U.

Rakhine is one of the poorest states in Myanmar and is situated on its western coast. It is bordered by Chin State to the north, Magway Region, Bago Region and Ayeyarwady Region to the east, the Bay of Bengal to the west, and the Chittagong Division of Bangladesh to the northwest. Covering 36,762 square kilometers of Myanmar's Western coast, Rakhine State is rich in natural resources, particularly oil and gas. However, 69 percent of people there are living in poverty, lack access to public services and are struggling with poor infrastructure, unemployment, meager living conditions and a lack of legal mechanisms which affect all communities in Rakhine, according to United Nations Development Programme (UNDP).

"Even though foreign investors are less interested in Rakhine State. We have been trying hard to invite foreign investment," U Htoo Min Thein, director of the Directorate of Investment and Company Administration (DICA) in Rakhine State, told The Irrawaddy.

"We still have a lot of opportunities for investment. We are welcoming companies which have experience in the construction of industrials parks and ports," he said.

The Rakhine government has welcomed feasibility studies for all six priority projects, however the estimated cost is still unknown.

The Myanmar government has recently adopted a look-east policy in a bid to revive declining foreign investment, however, he said, the Rakhine government would warmly welcome investment from any country in order to step up the pace of development, saying that the state's investment slogan is "Rakhine is open for business to the world."

Since the National League for Democracy government took office in 2016, they have made several economic reforms such as the new companies law, a new investment law and other relaxations in the financial, banking and trade sectors. However, following on news of the 2017 Rohingya crisis which badly tarnished the country's image, foreign investment has significantly declined and western investors have grown increasingly cautious of Myanmar. Approved foreign investment into Myanmar fell last year to its lowest since 2013. Rakhine is a problematic state when it comes to securing invite foreign investment.

Nevertheless, the Rakhine government plans to host a Rakhine-specific investment fair in February which will focus on three major sectors—the agriculture, livestock and fisheries sector, tourism development and SME development.

"We also want to invite investors to come and see the opportunities in Rakhine. They all have a chance to invest in massive areas of the state," U Htoo Min Thein said.

On the first day of the summit, State Counselor Daw Aung San Suu Kyi said that as Myanmar is "Southeast Asia's final frontier market, we offer innumerable investment opportunities; investment opportunities are everywhere in Myanmar, some are plain to see, others are waiting to be found." She also reassured investors of the government's commitment to continue reform and to build an investment-friendly environment.

"The crisis happened in a small part of the state. We believe when there is economic development, it will lead to stability. We have selected projects where there is no crisis. We fully guarantee [the investors] safety," U Kyaw Aye Thein, Rakhine State's minister of finance, revenue, planning and economy, told The Irrawaddy.

Amid the outrage of the international community over the government's handling of the crisis in Rakhine State, China inked a framework agreement for the Kyaukphyu Deep Sea Port last November. The port will offer China access to the Bay of Bengal while enhancing its regional connectivity as part of Beijing's Belt and Road Initiative (BRI). The first phase of the project is set to be carried out after environmental and social impact assessments are conducted. Phase 1 will involve the construction of two jetties with a total investment of not more than $1.3 billion.

Rakhine is also a checkpoint of the Chinese pipeline that has been carrying natural oil and gas from the Bay of Bengal, across Myanmar to Kunming in China's Yunnan Province since 2010.

"I really hope for more investment from other countries," U Nyi Pu said.

On the second day of the summit, Union Minister for Investment and Foreign Economic Investment U Thaung Tun spoke to the audience about sentiment on Rakhine State, saying "instead of blaming and shaming, let's work together."

U Thaung Tun stressed that "we can work together to create sustainable development in Rakhine State. Let's start with investing in the agro-based sector and fishery sector."

"We admit that there is a problem in Rakhine," he said going on to stress that Rakhine State's problems only happened in three out of 17 townships.

"We need development in Rakhine. Rakhine is safe to [invest in]. We will have a Rakhine investment fair next month so come and see Rakhine."

The post Major Push for Investment in Rakhine at Invest Myanmar Summit appeared first on The Irrawaddy.

NLD, USDP Register Candidates for Yangon Elections

Posted: 28 Jan 2019 10:53 PM PST

YANGON — Members of the ruling National League for Democracy (NLD) and opposition Union Solidarity and Development Party (USDP) will contest the March 31 municipal elections in Yangon.

A total 105 seats will be up for grabs — three in each of the city's 33 townships and six for the executive board of the Yangon City Development Committee (YCDC).

The NLD will field 93 candidates for the poll. It will run for all open seats on the YCDC executive board and in all the townships except Kyimyindaing, U Soe Win Oo, vice chairman of the party’s Yangon chapter, told The Irrawaddy.

He said the candidates were selected mainly based on their educational qualifications.

"As they will be responsible for management, it is important that they are educated and have experience," U Soe Win Oo said.

"For some townships, we've selected those who are not university graduate, especially when they are popular with local constituents and have proven management skills or there is someone with good management skills in the township chapter,” he said. "Otherwise, the candidate must be at least a graduate."

The deadline for submitting applications to contest the elections was Monday. The list of qualified candidates will be announced in the second week of February.

The USDP will field 93 candidates for the poll. It will also run for all open seats on the YCDC executive board and all the townships except Thigangyun, said U Kyaw Soe, secretary of the party’s Yangon chapter.

"We selected only those who have a strong desire to develop their townships. As for their educational qualifications, the higher the better. But because we assume that those who have matriculated [from secondary school] are able to promote development, we also selected them. However, most of the candidates are [university] graduates,” he said.

The election campaign period runs from Feb. 28 through March. 29.

There has been some criticism of the Yangon Election Commission's decision to allow candidates to use their party logos while campaigning.

Under the new YCDC Law, one of the six elected members on the YCDC executive board will become the city’s vice mayor.

In the 2014 municipal elections, only one person per household was allowed to cast a ballot. This time, everyone over the age of 18 will be allowed to vote.

Translated from Burmese by Thet Ko Ko.

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Thailand to Revoke Foreign Patent Requests on Marijuana

Posted: 28 Jan 2019 08:46 PM PST

BANGKOK — Thailand on Monday effectively revoked all foreign patent requests for the use of marijuana, after fears foreign firms would dominate a market thrown open last month when the government approved the drug for medical use and research.

The junta-appointed Parliament in Thailand, a country which until the 1930s had a tradition of using marijuana to relieve pain and fatigue, voted to amend the Narcotic Act of 1979 in December in what it described as “a New Year’s gift to the Thai people.”

While countries from Colombia to Canada have legalized marijuana for medical or even recreational use, the drug remains illegal and taboo across much of Southeast Asia.

But in Thailand, the main controversy with the legalization involved patent requests by two foreign firms, British giant GW Pharmaceuticals and Japan’s Otsuka Pharmaceutical, filed before the change to the law.

Thai civil society groups and researchers feared domination by foreign firms could make it harder for Thai patients to get access to medicines and for Thai researchers to get marijuana extracts.

The military government issued a special executive order on Monday enabling the Department of Intellectual Property to revoke all pending patents that involve cannabis, or remove marijuana from those patents, within 90 days.

“The pending patent requests are illegal,” Somchai Sawangkarn, a member of parliament responsible for amending the Narcotic Act, told Reuters.

“This NCPO order is beneficial for Thai people across the country because it prevents a monopolistic contract,” he said, referring to the junta by its official name, the National Council for Peace and Order.

Reuters did not have contact details for spokesmen for either of the two foreign firms and the companies did not immediately respond to emailed requests for comment.

Companies with a request pending can appeal to the Department of Intellectual Property, the government said in an order, published on an official website.

Marijuana remains illegal and taboo across much of Southeast Asia, and traffickers can be subject to the death penalty in Singapore, Malaysia, and Indonesia.

The new legislation on marijuana has yet to come into effect. All Thai laws must receive royal approval.

The post Thailand to Revoke Foreign Patent Requests on Marijuana appeared first on The Irrawaddy.

US Charges China’s Huawei with Conspiring to Violate Iran Sanctions

Posted: 28 Jan 2019 08:38 PM PST

WASHINGTON—The United States on Monday announced criminal charges against China’s Huawei Technologies Co. Ltd., escalating a fight with the world’s biggest telecommunications equipment maker and coming days before trade talks between Washington and Beijing.

The Justice Department charged Huawei and its chief financial officer Meng Wanzhou with conspiring to violate US sanctions on Iran by doing business with Tehran through a subsidiary it tried to hide and that was reported on by Reuters in 2012 and 2013.

In a separate case, the Justice Department said Huawei stole robotic technology from carrier T-Mobile US Inc. Huawei has said that the two companies settled their disputes in 2017.

Meng, who is the daughter of Huawei’s founder, was arrested in Canada in December and is fighting extradition to the United States. The charges against Meng, which include bank and wire fraud, were not unsealed until Monday.

Her arrest enraged China, which responded by arresting two Canadians on national security grounds.

Beijing and Washington are engaging in high-level talks this week as part of negotiations intended to walk back trade tensions between the globe’s two largest economies.

US Commerce Secretary Wilbur Ross said the Huawei charges are “wholly separate” from the trade negotiations.

US authorities accuse Meng of playing a lead role in the scheme to use a subsidiary to conduct business in Iran in violation of US sanctions against Tehran.

Meng has said that she is innocent and Huawei did not respond to requests for comment on the charges announced Monday.

President Donald Trump said in December he could intervene in the case if it would serve national security interests or help close a trade deal with China.

The Trump administration is trying to prevent American companies from buying Huawei routers and switches and pressing allies to do the same. US security experts are concerned that the equipment could be used to spy on the United States.

Huawei’s founder, Ren Zhengfei, denies his company’s products would be used by the Chinese government to spy.

China tensions

The charges against Meng and Huawei cite stories from Reuters in 2012 and 2013 that said Huawei's Skycom unit had sought to sell goods to Iran in violation of US laws.

The indictment noted that the denials from Huawei in the stories were relied upon by financial institutions “in determining whether to continue their banking relationships with Huawei and its subsidiaries.”

Also according to the indictment, in July 2007, the FBI interviewed Huawei founder Ren and US authorities say he falsely told them Huawei did not violate US export laws.

In August 2013, Meng met with an executive from one bank, which is not identified in the indictment. Sources said the bank is HSBC Holdings Plc., which paid $1.92 billion in 2012 for violating US anti-money-laundering and sanctions laws.

During the meeting, Meng used a PowerPoint presentation that misrepresented Huawei operations in Iran and ownership and control of Skycom, according to the indictment.

If the banks knew about Huawei's violations of Iranian sanctions, they would have “reevaluated their banking relationships with Huawei,” which included US dollar and Euro clearing.

The Justice Department has confirmed that HSBC is not under investigation in this case, HSBC said in a statement last month.

Senator Mark Warner, a Democrat and the vice chairman of the Senate Select Committee on Intelligence, praised the charges brought on Monday. “It has been clear for some time that Huawei poses a threat to our national security, and I applaud the Trump administration for taking steps to finally hold the company accountable,” he said.

Warner has been active in congressional efforts to address technology threats from China, and introduced a bill in January to create a White House office to fight state-sponsored technology theft and defend critical supply chains.

FBI Director Christopher Wray said the Huawei cases, which were filed in New York and Washington state, “expose Huawei's brazen and persistent actions to exploit American companies and financial institutions, and to threaten the free and fair global marketplace."

He also said he is concerned about Huawei devices in US telecommunications networks. "That kind of access could give a foreign government the capacity to maliciously modify or steal information, conduct undetected espionage, or exert pressure or control.”

Acting Attorney General Matthew Whitaker said the alleged criminal activity at Huawei “goes back at least 10 years and goes all the way to the top of the company.”

The post US Charges China’s Huawei with Conspiring to Violate Iran Sanctions appeared first on The Irrawaddy.

UNICEF Boss Urges Myanmar to Enact Kofi Annan’s Recommendations on Rohingya Crisis

Posted: 28 Jan 2019 08:25 PM PST

YANGON — The head of the U.N. children's fund urged Myanmar on Monday to implement the recommendations of a panel on the Rohingya crisis led by former U.N. head Kofi Annan, saying it had yet to create conditions right for the return of refugees from Bangladesh.

Speaking at a forum in the capital, Naypyitaw, UNICEF Executive Director Henrietta Fore said children from the Rohingya Muslim minority, a persecuted and mostly stateless community from Buddhist-majority Myanmar, were living "a precarious and an almost hopeless existence" in camps in neighboring Bangladesh.

About 730,000 Rohingya have fled Rakhine State, in western Myanmar, since a military crackdown in 2017 after Rohingya insurgents attacked security posts, U.N. agencies estimate. Tens of thousands remain behind in Rakhine, where they are subjected to restrictions on movement and have limited access to healthcare and education.

Fore said Myanmar's "commitment" to enacting the recommendations of Annan's committee — which include ensuring freedom of movement and access to education — would help mend the lives of suffering children.

"We urge the government to seize this moment and translate this potential into reality for all children," she said on the first visit by a UNICEF head in decades. "Taking these steps will also go a long way towards creating the right conditions for the return of refugees from Bangladesh."

The Annan commission was created by Myanmar leader Daw Aung San Suu Kyi in 2016 to find long-term solutions to deep-seated ethnic and religious divisions in Rakhine.

But implementation of its recommendations has been beset by crises and setbacks.

A day after the panel issued its report in August 2017, Rohingya insurgents launched attacks on security forces, provoking a military crackdown the U.N. investigators described as “ethnic cleansing” with “genocidal intent.” Myanmar denies the charge.

In mid-2018, a Myanmar minister told Western diplomats that eight of Annan’s recommendations — including one that asks authorities to take steps to amend the 1982 citizenship law that had rendered the Rohingya stateless — were problematic and could not be immediately fulfilled.

The commission’s recommendations included points urging the government to “immediately expand primary education to the communities in northern Rakhine State, and intensify efforts to ensure that teachers assigned to Muslim villages resume their work, including by providing adequate security when necessary.”

It also called on authorities to “ensure that all children in the state have access to education in Myanmar language” and that the tertiary education access is expanded.

In August, UNICEF warned of what it described as a “lost generation” of Rohingya children, with half a million in refugee camps in Bangladesh facing dangers including disease and floods and those still in Myanmar lacking access to proper education.

"We urge that the necessary steps are taken to enable their safe, voluntary and dignified return back to their homes where their rights are respected and they can once again live peaceably with their neighbors," said Fore.

The post UNICEF Boss Urges Myanmar to Enact Kofi Annan's Recommendations on Rohingya Crisis appeared first on The Irrawaddy.

Highlights of the U Ko Ni Murder Case

Posted: 28 Jan 2019 05:58 PM PST

YANGON — The trial of the alleged murderers of prominent lawyer U Ko Ni has dragged on for two years now in Yangon.

The 63-year-old lawyer was shot dead in broad daylight on Jan. 29, 2017, outside Yangon International Airport. He was returning from Indonesia, part of a Myanmar government delegation that had just completed a weeklong study tour on democratic transition and peaceful coexistence.

The gunman was caught minutes after shooting U Ko Ni. It was not the airport police who nabbed him, though, but the taxi drivers, who held him until the police arrived. One of the drivers who gave chase, U Nay Win, was also shot dead.

Many have speculated that U Ko Ni was targeted because of his strong criticism of the military-drafted 2008 Constitution. The constitutional expert and legal adviser to State Counselor Daw Aung San Suu Kyi's ruling National League for Democracy (NLD) had long advocated for constitutional reforms to reduce the military's dominant political role. He is also believed to have played a key role in advising the NLD to create the position of state counselor for Daw Aung San Suu Kyi after the party’s landslide victory in the 2015 elections.

To date the public remains keenly interested in the trial, impatiently waiting for justice to be served for the slain lawyer — who fought for justice throughout his professional life — and taxi driver.

Ahead of the verdict, which is expected to be handed down next month, here is a look back at the moments that have made this the most high-profile trial in Myanmar’s recent history.

Ex-military officers allegedly behind killing

Kyi Lin (second from left), Aung Win Zaw (third from left) and Zeya Phyo (third from right) attend the 100th hearing in their trial for the murder of U Ko Ni at Yangon's Northern District Court on Jan. 11. (photo: Htet Wai / The Irrawaddy)

With the exception of the gunman, Kyi Lin, three of the four other suspected main conspirators — Zeya Phyo, Aung Win Zaw, and Aung Win Khaing — are ex-military officers.

Zeya Phyo was a captain working at the Myanmar Army's Information Department — widely known as the military’s intelligence unit — until he quit in 2004. The prosecution accused him of giving the suspects 100 million kyats ($65,600) to carry out the murder.

Aung Win Zaw rose to the rank of lieutenant before being expelled from the army in 1996. He was caught in Karen State, accused of being an accomplice of Kyi Lin. Local media outlet Myanmar Now reported that the two had committed crimes together in the past and served lengthy prison sentences in Obo Prison in Mandalay for smuggling Buddha statues to neighboring countries. They were released in a presidential amnesty in 2014.

Aung Win Tun appears at Yangon’s Northern District Court on March 17. (photo: Myo Min Soe / The Irrawaddy)

Another suspect, Aung Win Tun, is accused of helping transport Aung Win Zaw, his brother, to Hpa-an, in Karen State, after the murder. He was released on bail in March after posting a 50 million kyats ($37,300) bond.

Aung Win Khaing, a former lieutenant colonel accused of masterminding the murder, remains at large. He allegedly asked his elder brother, Aung Win Zaw, to kill U Ko Ni in 2016.

Aung Win Zaw and Aung Win Khaing were at Yangon International Airport at the time of the assassination, according to the airport’s CCTV footage.

Aung Win Khaing disappears

Aung Win Khaing.(Photo: President's Office / Facebook)

Aung Win Khaing fled to the capital, Naypyitaw, the city with the most surveillance in Myanmar. According to CCTV records, he was last seen near the city’s National Herbal Park in the first week of February 2017. The Home Affairs Ministry said a warrant was issued for Aung Win Khaing's arrest and that his picture was sent to Interpol and police forces across Southeast Asia.

Home affairs minister blames “extreme nationalism” and “personal grudges”


Home Affairs Minister Lt. Gen. Kyaw Swe speaks to reporters at a press conference in Yangon on Feb. 25, 2017. (Photo: The Irrawaddy)

One month after U Ko Ni's murder, at a press conference in Yangon, Home Affairs Minister Lt. Gen. Kyaw Swe described the assassins as young men with "extreme nationalism" and "personal grudges." Public reaction to the remarks was strong; many thought the minister was attempting to play down the suspects’ motives.

Daw Aung San Suu Kyi calls lawyer, driver “martyrs”

State Counselor Daw Aung San Suu Kyi speaks at a memorial service for U Ko Ni and U Nay Win in Yangon.(Photo: The Irrawaddy)

A day after the home affairs minister's press conference, Daw Aung San Suu Kyi and other senior NLD leaders attended a memorial service to mark the one-month anniversary of the assassination. The state counselor called the murder of her adviser a "great loss" for the country's democracy struggle and said U Ko Ni and U Nay Win were "martyrs" not to be forgotten.

The party has called the lawyer’s killing a "terrorist act."

USDP lawmaker, a former aide to the military chief, is interrogated

A photo of U Lin Zaw Htun with Zeya Phyo and Aung Win Khaing. (Photo: Facebook )

A former military colonel named Lin Zaw Htun, currently a lawmaker for the Union Solidarity and Development Party, was questioned by police about his friendship with two of the ex-military suspects, Aung Win Khaing and Zeya Phyo.

Lin Zaw Htun had served as a personal security officer to the current military commander-in-chief, Snr. Gen. Min Aung Hlaing, and was widely accused on social media of withholding information about the murder. In an interview with the press, he admitted that he knew Aung Win Khaing and Zeya Phyo. He and Aung Win Khaing had gone through the DSA together as part of the 36th intake, sparking public accusations that he must have known about the plot in advance. Lin Zaw Htun denied the claim and threatened to sue his accusers.

Ultranationalist Buddhist monk thanks suspects

Nationalist Monk U Wirathu speaks at a pro-military rally in Yangon in October. (Photo: Myo Min Soe / The Irrawaddy)

Hardline nationalist monk U Wirathu took to Facebook to express his support for U Ko Ni’s alleged assassins probably because the victim was a Muslim. He thanked the suspects and expressed sympathy for their families on his page.

The firebrand monk also said that anyone who wanted to do away with the military-drafted Constitution should consider themselves warned.

Soon after the post, religious officials banned U Wirathu from preaching for one year.

"Eat well”

A group of nationalists appear at Yangon's Northern District Court on Friday to show their support for the defendants in the murder trial of U Ko Ni. (Photo: Myo Min Soe / The Irrawaddy )

A group of nationalists attended a court hearing to support the suspects wearing T-shirts reading "eat well,” a Burmese phrase with the implied add-on "before you die" and a warning of revenge. Lawyers groups strongly condemned the act, which they said undermined the rule of law, the judicial system and national stability. A local administrator filed a case against four men for intimidation inside a court compound.

The court issued arrest warrants for the four under the incitement charges of the Penal Code's Article 505 (b) and the threat of injury to public servant charges under Article 189. They are still at large.

Police witness refuses to appear

Yangon Police Force deputy chief Colonel Win Min Thein, who was chief of airport security at the time U Ko Ni was gunned down, ignored numerous summonses to appear in court, claiming he was too busy. One of the suspects, Aung Win Zaw, told the court last year that he and his brother, Aung Win Khaing, were at Yangon International Airport at the time of the assassination to visit Col. Win Min Thein.

After the colonel refused to testify and asked that he be removed from the witness list on Jan. 18, the court dropped his name, according to local media reports.

The post Highlights of the U Ko Ni Murder Case appeared first on The Irrawaddy.
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