Wednesday, January 30, 2019

The Irrawaddy Magazine

The Irrawaddy Magazine

Acknowledging the Elephant in the Room

Posted: 30 Jan 2019 05:39 AM PST

The ruling National League for Democracy has initiated the process of forming a joint parliamentary committee to work on amending the country's military-drafted Constitution. Facing public frustration and sensing a loss of confidence among the party's hardcore supporters, the senior leadership of the NLD pondered the move for months before finally deciding to submit a proposal to Parliament.

The move coincided with the second anniversary of the assassination of prominent lawyer U Ko Ni, an expert on constitutional law and a member of the NLD.

As expected, the military's representatives in Parliament questioned the proposal's legality and insisted that any move to amend the Constitution requires a draft signed by at least 20 lawmakers. Despite these objections, Parliament voted in favor of forming a committee.

A total of 397 lawmakers voted in favor of the measure with 17 voting against it, three abstaining and 187—comprising all of the military members and 21 others—boycotting the vote.

NLD legislator U Aung Kyi Nyunt, who submitted the proposal, said membership of the joint committee on constitutional reform would be open to lawmakers from all parties.

"I am not proposing a draft law to amend the Constitution," he said. "This is just to form a joint committee on constitutional reform, which can work transparently on a draft law systematically and speedily."

Under the previous government led by then-President U Thein Sein, lawmakers only succeeded in passing a few minor amendments to the Constitution having to do with regional legislation.

Military lawmakers stand in Parliament on Jan. 29, 2019 to show their displeasure with the Speaker’s decision to call a vote on a proposal to discuss the formation of a joint committee to work on constitutional reform. / Htet Naing Zaw

Key campaign vow

In 2015, the NLD made reform of the 2008 Constitution one of its key campaign promises, along with economic development and achieving peace. So far, however, the ruling party has failed to fulfill those promises.

Indeed, many have warned that making substantial changes to the charter will never be easy so long as the military maintains its current level of control and power.

Under the Constitution, 25 per cent of seats in all parliaments at both the Union and regional levels are reserved for military appointees, who do not represent any constituency. Moreover, the military controls three key portfolios—Defense, Home Affairs and Border Affairs—and reserves the right to appoint a vice president.   

The NLD government has faced several serious challenges since it came into power: the ongoing crisis in northern Rakhine State and the resultant international condemnation; its failure to achieve substantive progress in peace talks; and a stubbornly sluggish economy. Nonetheless, Daw Aung San Suu Kyi, who is now State Counselor, attended an investment forum in Naypyitaw recently in an effort to drum up foreign investment. The government believes that by prioritizing peace it can promote economic progress in this ethnically diverse nation.

In the cities, the public's frustration is obvious, but Daw Aung San Suu Kyi and the government still enjoy considerable support in the countryside. At any rate, the public has few alternatives, as there is little support for the formerly ruling Union Solidarity and Development Party.

In November, NLD leaders were alarmed by the outcome of the by-election, in which the party won just seven of the 13 seats it contested—far below its expectations. In the end it won just 54 percent of the seats that were up for grabs, giving party leaders a real wake-up call.

But the NLD's senior leaders say they remain focused on fulfilling their campaign promises, including amending the Constitution.

In May last year, Dr. Myo Nyunt told the Irrawaddy, "There are concerns that our government has done nothing to change the Constitution. In fact, all the things we are doing—from mobilizing [public] support, reconciling with the Tatmadaw [Myanmar's military] and fostering the public's trust to improving their daily lives—are about constitutional amendment. It is utterly impossible to amend the 2008 Constitution without those foundations. We are waiting for the right time, while working toward national reconciliation and building substantial support among the people. In politics, you can't just make demands all the time; you have to wait for the right time."

The party's leaders appear to have decided that the time has come. With support building for the ethnic parties and the election in 2020 approaching fast, the party needs to demonstrate that it is a force to be reckoned with.  

The move to amend the Constitution received considerable support from ethnic representatives in Parliament. Some ethnic parties still believe the NLD is committed to establishing a federal Union and moving the country along the path of democratization and reform. But many are also frustrated, seeing little progress on a range of issues amid a deepening sense of crisis, division and growing mistrust.

Thus, the NLD leaders will have to work hard to reach out to major ethnic parties such as the Shan Nationalities League for Democracy and many other parties. Some party faithful believe there has been progress on this front.

Naypyitaw's unseen game

Recently, control of the General Administration Department (GAD) passed from the military-controlled Ministry of Home Affairs to the Ministry of the Union Government Office.

There is speculation that the Police Department—now under the control of the Ministry of Home Affairs—will follow suit and soon be under the control of the Union government.

These changes are encouraging, but the "game" in Naypyitaw continues to be played largely out of sight, and appears to still be unfolding.

The NLD wants to amend over 160 articles of the Constitution, including sensitive ones relating to the military's role in national politics; Article 59(f), which bars anyone with a foreign spouse or children from holding the presidency; and Article 436, which requires that proposed changes to the Constitution be supported by more than 75 percent of legislators.

Article 59(f) bars NLD leader and State Counselor Aung San Suu Kyi from becoming president because she has relatives who are foreign nationals.

However, the powerful military cannot be excluded from the constitutional amendment process; without the military's cooperation, any amendments will have little meaning.

In fact, the primary aim of amending the Constitution in ethnically diverse Myanmar should be decentralization—not only political but administrative.

This is not going to be a smooth journey, and there is no guarantee of success. It is a small step and a late start, but if the NLD thinks the time is right, so be it.

One thing is certain; we can expect some interesting developments—and headlines—in the coming months.

The post Acknowledging the Elephant in the Room appeared first on The Irrawaddy.

Gen. Aung San Statue Lands in Loikaw, Renews Local Ire

Posted: 30 Jan 2019 04:07 AM PST

Mon State — A statue of the late independence hero General Aung San was brought to the Kayah State capital of Loikaw on Tuesday to be erected in a city park against the wishes of many local residents.

Local rights activist Myo Hlaing Win said many residents were surprised to see the statue arrive, accusing the government of breaking a promise the state’s chief minister made in July not to erect it without the public’s approval.

He said some of them met the truck at the park hoping to stop the statue from being unloaded but were told to take up their concerns with the government.

"When we asked them [last year] not to build the statue, they told us they would not do it. But they actually did it. They act like thieves," Myo Hlaing Win told The Irrawaddy on Wednesday. “They were not sincere to our people."

"They knew they would have a lot of problems with the locals if they built the statue, but they are still doing it. They just do what they want to do. They have no dignity," said Khun Be Du, chairman of the Kayan National Party, based in Loikaw.

Myo Hlaing Win and Khun Be Du said locals would mount a protest against the statue soon.

U Taung Htay, who heads the Loikaw office of the ruling National League for Democracy, said local party members were not involved in erecting the statue.

"Some members of the government and a group of people are leading this project, not us, because local people have already protested against this project," he said.

"We just told them to implement the project by themselves as flexibly as they could,” he added. “They decided to implement the project on their own. We are not involved in the project because we are worried it will hurt our party’s image."

State-level officials said they were too busy to comment on the issue when contacted by The Irrawaddy on Wednesday.

Gen. Aung San statues have already gone up in other states against the wishes of their non-Bamar communities. Some ethnic rights activists say they should not be erected while the country’s minorities continue to feel persecuted and their demands for a federal system of government remain unfulfilled. They say those communities should get statues of their own politicians and freedom fighters instead.

The Kayah State government has yet to say when it intends to inaugurate the statue in Loikaw.

The post Gen. Aung San Statue Lands in Loikaw, Renews Local Ire appeared first on The Irrawaddy.

Daw Aung San Suu Kyi Calls for Swift Justice for Slain Lawyer U Ko Ni

Posted: 30 Jan 2019 03:18 AM PST

YANGON —State Counselor Daw Aung San Suu Kyi urged authorities to find justice as soon as possible for prominent constitutional lawyer U Ko Ni and taxi driver Ko Ne Win, two years after they were gunned down in Yangon.

U Ko Ni, a legal adviser to the ruling National League for Democracy (NLD), was gunned down at pointblank range outside Yangon International Airport on Jan. 29, 2017. Ko Ne Win, a taxi driver at the scene, was killed by the same gunman while chasing after him.

The 63-year old lawyer was an expert on the military-drafted Constitution and came up with the idea of creating the position of state counselor to get around a clause in the charter effectively banning Daw Aung San Suu Kyi from the presidency. He advocated for changes to the Constitution that would strip the military of its undemocratic privileges; many believe those efforts led to his death.

In her message at a commemoration ceremony for the lawyer and driver in Yangon on Tuesday, Daw Aung San Suu Kyi praised them as '”role models who sacrificed their lives for truth and justice” and called their deaths “a big loss for Myanmar.”

"I would like to urge the concerned authorities to find speedy justice for Saya U Ko Ni and Ko Ne Win, who both sacrificed their lives to help fight the challenges to promoting the rule of law and justice in Myanmar," she said.

To date, 72 prosecution witnesses and 40 defense witnesses have appeared in court over the course of 101 hearings in the trail of U Ko Ni’s accused assassins — gunman Kyi Lin and alleged conspirators Zeya Phyo, Aung Win Zaw and Aung Will Tun. A verdict is expected after the defense makes its closing argument on Friday, prosecution lawyer U Nay La told The Irrawaddy.

People attend a commemoration ceremony for U Ko Ni and Ko Ne Win in Yangon on Tuesday. / Aung Kyaw Htet / The Irrawaddy

However, the suspected mastermind of the assassination, Aung Win Khaing, remains at large.

During Tuesday’s commemoration, U Ko Ni's daughter, Daw Yin New Khaing, said two years was more than enough time for a trial.

"I pray with anxiety that the judicial sector, which he valued and respected, can provide him with the truth. I want to get the most honest answer from the judicial sector," she said.

NLD spokesman Monywa Aung Shin called the murder of U Ko Ni a political assassination targeting the ruling party.

"We have lost a person who was resisting those hampering the NLD's efforts to amend the 2008 Constitution," he said.

Coincidently, the NLD submitted an urgent proposal to form a constitutional amendment committee to the Union Parliament on Tuesday. Despite strong objection from military lawmakers, a debate on forming the committee was approved for early next month.

The post Daw Aung San Suu Kyi Calls for Swift Justice for Slain Lawyer U Ko Ni appeared first on The Irrawaddy.

Myitsone Dam ‘Must Be Stopped’: Cardinal Bo

Posted: 30 Jan 2019 02:53 AM PST

YANGON—The Archbishop of Yangon, Cardinal Charles Bo, said the controversial Chinese-backed Myitsone Dam slated for construction at the source of the Irrawaddy River, known as Myanmar's lifeline, "must be stopped" to ensure a peaceful future for the country, adding that the construction of the dam would be a "death sentence for the people of Myanmar".

In the face of nationwide opposition, Myanmar's previous government under President U Thein Sein suspended the dam project in 2011, after the state-owned China Power Investment Corporation had already started work. Environmentalists and villagers warned that the mega project would disrupt the flow of sediment in the country's main waterway, harming agricultural livelihoods. If completed, it would flood an area twice the size of Singapore and displace thousands of people.

The cardinal's call follows a strong push by China to convince local people to support the project. In his statement "Stop Trafficking Our Mother Irrawaddy", Cardinal Bo told Myanmar authorities and the international community that Myanmar is facing the sad prospect of losing the Irrawaddy "to the greed of a superpower."

"On behalf of all the people of Myanmar, especially the poor farmers, we earnestly request all stakeholders to stop their attempts to abuse our Mother Irrawaddy," the cardinal said in his statement released this week.

Calling the Irrawaddy "Her Majesty", Cardinal Bo said the river is not a "commodity to be bartered" but "the most sacred symbol of our nation", as thousands of sacred sites are situated along its banks.

The cardinal also warned that the dam would be an environmental disaster and a toxic cognac for chronic war, referring to fighting between the Kachin ethnic armed group and the Myanmar military in the north of the country, where the dam site is located.

"Peace will fade over the horizon. A bleak future awaits the people of Myanmar. We do not deserve this," he said.

Currently, the Myitsone 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.

Myanmar investment and foreign economic relations Minister U Thaung Tun recently said the government still wants to find a solution for the dam "because they [value] relations with China", and was considering all possibilities, including downsizing the dam, relocating it or developing other projects instead.

But the Cardinal said everyone in Myanmar would support the move to abrogate any treaty that abuses "Mother Irrawaddy", while comparing those who support restarting the Myitsone Dam to sons and daughters who exploit their own parents for monetary gain. History would never forgive those who sell our Mother Irrawaddy, he said.

"We earnestly request that the people of Myanmar join hands to protect the dignity of our Mother Irrawaddy. We are hopeful that our leaders will resist all efforts to destroy our nation's destiny and dignity," the cardinal said.

It was not the first time that Cardinal Bo has spoken out against the Myitsone Dam project.

In 2017, during a visit to Kachin State, Cardinal Bo told Catholic villagers in Tanphaye, one of the villages in the project area, that the entire country should object to the dam project.

"This project shouldn't be completed," he said at the time. "It can destroy not only Kachin state, but also the entire country.”

The post Myitsone Dam 'Must Be Stopped': Cardinal Bo appeared first on The Irrawaddy.

Scrap Myitsone Dam Project, Says Ex-President’s Office Minister

Posted: 30 Jan 2019 01:33 AM PST

NAYPYITAW—Former President's Office Minister U Soe Thein has expressed support for terminating the controversial Myitsone Dam project, saying it could undermine national unity.

"I don't accept [a dam] at Myitsone. This is my view. It could negatively affect national unity. Myitsone is a landmark of Kachin State," U Soe Thein, who is currently a lawmaker in the Upper House, told reporters at the Union Parliament in Naypyitaw on Tuesday.

However, he suggested that a dam could be built somewhere upstream on either of the Mali or the N'Mai rivers, at whose confluence the Irrawaddy River begins. If necessary, compensation could be paid to China for canceling the project in Myitsone, he said.

"We [former President U Thein Sein's administration] shelved the project. In my opinion, we shouldn't build a dam in Myitsone," he said.

"The political leaders today also opposed the dam during our administration. I don't know why there is talk now of it being resumed," U Soe Thein said.

When the National League for Democracy (NLD) was in opposition, its leader, current State Counselor Daw Aung San Suu Kyi, called on the then government to make the dam contract public.

After the NLD 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.

Dr. Zaw Myint Maung, vice chairman of the NLD and Mandalay Region chief minister, has publicly said the party stands by the people regarding the Myitsone Dam project.

Another Upper House lawmaker, Dr. Khun Win Thaung from Kachin State, told The Irrawaddy on Tuesday, "Kachin State has long experience with China. It cannot avoid engaging with China. We have to rely on it one way or another, and the authorities need to be smart when making a decision. If [the government] can't make a decision, it should try to make [the project] acceptable to the people."

Union Minister for Investment and Foreign Economic Relations U Thaung Tun told reporters at the Invest Myanmar Summit in Naypyitaw on Tuesday that the government is working hard to come up with a final decision on how to proceed with the dam project.

The minister said the government and a commission studying the project are holding serious discussions and considering all possibilities, including downsizing the dam, relocating it or developing other projects instead.

U Thaung Tun said the government was taking its relations with China into consideration as it decided what to do with the project.

The US$3.6-billion (about 5.4-trillion-kyat) project, shelved by then-President Thein Sein in 2011 amid widespread public concern over the dam's social and environmental impacts, came under the spotlight again when Chinese Ambassador Hong Liang claimed after a visit to Kachin State at the end of December that the Kachin people were not opposed to its resumption.

The dam project agreement was signed under the military government between former Vice Senior-General Maung Aye and Chinese President Xi Jinping, who was vice president at that time.

State Counselor Daw Aung San Suu Kyi, while meeting locals in Sagaing Region's Kalay Township on Jan. 22, said no investor would trust Myanmar if a new government abolished projects approved by its predecessor just because they do not comply with its policies.

The post Scrap Myitsone Dam Project, Says Ex-President's Office Minister appeared first on The Irrawaddy.

Army Detains Teachers, Villagers as Dozens Flee Fighting in N. Rakhine

Posted: 30 Jan 2019 12:29 AM PST

YANGON—Local residents and a monk told The Irrawaddy on Tuesday that a pair of primary schoolteachers and two villagers were detained for questioning by government troops in northern Rakhine State's Rathedaung Township on Monday, as fighting in the area between the Myanmar military and the Arakan Army (AA) caused more villagers to flee their homes.

The abbot of the monastery in Ohn Chaung said fighting took place near the village on Monday morning, and that Border Guard Police and Army troops jointly conducted a search of the entire village on the same day. Ko Maung Htay, a resident of Ohn Chaung who managed to escape Army detention, told The Irrawaddy that about 40 local residents were sheltering in a neighboring village.

He said about 200 Army troops shot into the village after soldiers were ambushed by Arakan Army fighters near a hillside in the region. The AA announced on its official website that fighting erupted on Monday morning, adding that the Myanmar military (or Tatmadaw) had previously attacked the village, as well as Tha Mee Hla village

The Irrawaddy phoned Brigadier-General Zaw Min Tun of the Commander-in-Chief's Office multiple times on Tuesday to ask him about the claim that troops shot into the village. The calls went unanswered, however.

In its news update, the AA claimed that Tatmadaw troops randomly fired about 70 artillery shells into the forest and that some of them had landed in hills near the village. It added that Ko Maung Shwe Aye, U Maung Kyaw and U Myat Thein Tun were arrested. Ko Maung Htay confirmed that Maung Shwe Aye, a schoolteacher, was detained by Army troops.

The other detained schoolteacher was identified as Than Win Chay.

Two women from Ohn Chaung told The Irrawaddy on condition of anonymity that the Army unit fired on them as it approached the village. No one was hit by the gunfire, but some structures were damaged, they said.

"They arrested teacher Maung Shwe Aye and later set him free," said villager Yae Gaung Chaung.

It remained unclear on Wednesday whether the other detainees had been released.

The two women told The Irrawaddy over the phone on Monday that some 100 soldiers and Border Guard Police were camped in the village on Tuesday evening. Spent bullet casings could be seen on the ground in the village but a monk later disposed of them, fearing they might be dangerous for children.

"Soldiers forced the villagers to house them in the village at night," one of the women said.

Amid fierce fighting in many locations in northern Rakhine, local civil society organizations estimate the displaced population to number at least 6,000 so far. Apart from the International Red Cross and Red Crescent Movement (ICRC) and World Food Program, the Rakhine State government is not allowing international relief agencies to provide assistance following the recent armed clashes in five townships. The vast majority of displaced villagers rely mainly on local aid groups.

The ICRC said it is continuing to provide assistance to approximately 5,000 people displaced by the recent violence in Rakhine State. Several thousand IDPs are sheltering in neighboring villages without proper accommodation. Neither the government nor the ICRC has put up tents or constructed temporary shelters for the IDPs. The ICRC said it can provide the necessary materials to construct shelters and sanitary facilities.

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Investigation into Military Raid on Rakhine Village to be Demanded

Posted: 30 Jan 2019 12:13 AM PST

SITTWE—Concerned lawmakers have said they will demand an investigation into the case after a seven-year-old boy died of wounds caused by an artillery explosion in an alleged military raid near his home in the village of Tha Mee Hla in Rakhine State's Rathaedaung Township on Saturday.

A military column, identified by villagers as the 99th Light Infantry Division, raided the village and looted gold, jewelry, cash and dozens of mobile phones from the villagers on Saturday, according to a number of Arakanese lawmakers.

The wounded child was rushed to Sittwe General Hospital but died on Monday evening while being transferred by ambulance to Yangon General Hospital for treatment.

His body was taken back to Tha Mee Hla village and the funeral will be held on Wednesday.

"They can fight for their causes, but as a representative of the people, the bullying of innocent civilians is totally unacceptable to me. As locals have reported the incident to us, I will write to the authorities, requesting that they carry out an investigation into it," Lower Hose lawmaker Daw Khin Saw Wai told The Irrawaddy.

While innocent civilians are suffering from the fighting, more are being charged under the Unlawful Association Act following clashes between Myanmar Army and the Arakan Army (AA) in the area, according to Daw Khin Saw Wai.

"The two sides should stop fighting and engage in negotiations to find a solution," said the lawmaker.

U Than Naing, a regional lawmaker who went to the village and saw the bullet-riddled houses, said that he would raise questions about the raid at the Rakhine State parliament.

"The parliament will convene on Feb. 13. I have submitted a proposal for a ceasefire and I will talk about [the raid] there," he told The Irrawaddy.

The soldiers raided and shot into the village after the military column was attacked with a series of remotely detonated mines near the village, according to U Than Naing.

Both Daw Khin Saw Wai and U Than Naing told The Irrawaddy that they will officially lodge complaints with evidence to the relevant authorities, including the commander-in-chief's office.

The commander-in-chief office's spokesperson Brig-Gen Zaw Min Tun has denied the allegations, saying there was no raid by the military on the ground.

The post Investigation into Military Raid on Rakhine Village to be Demanded appeared first on The Irrawaddy.

Malaysia’s Mahathir Seeks China’s Understanding on Scrapped $20B Rail Deal

Posted: 29 Jan 2019 08:38 PM PST

KUALA LUMPUR — Prime Minister Mahathir Mohamad on Tuesday asked for China’s understanding over Malaysia’s plan to cancel a $20-billion rail project that spearheads China’s infrastructure push in the Southeast Asian nation, saying Kuala Lumpur could not afford it.

Since winning power last May, Mahathir has repeatedly vowed to renegotiate or cancel what he calls “unfair” Chinese projects authorized by predecessor Najib Razak, whose near-decade long rule ended in electoral defeat amid a massive financial scandal.

The cabinet has decided to cancel the contract with China Communications Construction Co Ltd (CCCC) for the East Coast Rail Link project, Economic Affairs Minister Mohamed Azmin Ali said last week.

“We seek understanding from the parties concerned,” Mahathir told reporters on Tuesday, adding that Malaysia was burdened with “heavy debt” and could not afford the project, one of the biggest signed in China’s signature Belt and Road initiative.

“It is not because we want to frustrate or throw out the contract; it is because we are really tight in terms of finance.”

The contract may cost the country more than 100 billion ringgit ($24.33 billion) in total, Mahathir said, adding that Malaysia would still have to pay a cancellation fee.

“The huge compensation is not as huge as the amount of debt we will carry for the next 30 years.”

The government was still determining how much to pay CCCC as a cancellation fee, Azmin said last week. Government officials have previously said the project cost had been inflated.

In Beijing this week, Chinese Foreign Ministry spokesman Geng Shuang said he was unaware of the project cancellation.

On Tuesday, Mahathir said an official statement was to be issued in the next few days, with the Finance Ministry to provide a detailed explanation soon.

In August Mahathir had said the project would be cancelled “for now,” but the government later said it was in talks with CCCC on the future of the rail line.

Mahathir has blamed Najib’s administration for taking total government debt and liabilities to more than 1 trillion ringgit, including that of scandal-plagued state fund 1MDB, which is being investigated for corruption in at least six countries.

The post Malaysia’s Mahathir Seeks China’s Understanding on Scrapped $20B Rail Deal appeared first on The Irrawaddy.

Huawei Units to be Arraigned on U.S. Criminal Charges on Feb. 28

Posted: 29 Jan 2019 08:25 PM PST

WASHINGTON — Two units of China’s Huawei Technologies Co Ltd are to be arraigned on Feb. 28 in Seattle on a 10-count indictment on charges they conspired to steal T-Mobile US Inc trade secrets, according to court filings Tuesday.

The Justice Department alleged that Huawei Device Co Ltd and Huawei Device USA Inc committed wire fraud and obstructed justice by stealing robotic technology from T-Mobile to test smartphones’ durability.

A spokeswoman for the U.S. Attorney’s Office for the Western District of Washington said a corporate representative for Huawei would appear at the arraignment. Huawei did not immediately comment.

Separately, federal prosecutors in Brooklyn have also charged Huawei and its affiliates with bank and wire fraud on allegations that they violated sanctions against Iran. That separate 13-count indictment was made public Monday. No arraignment date has been set in that case, which has added to Washington’s tensions with Beijing.

T-Mobile had accused Huawei of stealing the technology, called “Tappy,” which mimicked human fingers and was used to test smartphones. Huawei has said the two companies settled their disputes in 2017.

The charges add to pressure from the U.S. government on Huawei, the world’s biggest telecommunications equipment maker. Washington is trying to prevent American companies from buying Huawei routers and switches and pressing allies to do the same.

Court records show the two Huawei units have retained several high-profile lawyers including former Deputy Attorney General Jim Cole, a partner at Sidley Austin LLP; former Justice Department lawyer David Bitkower, a partner at Jenner & Block; former federal prosecutor Robert Westinghouse, a partner at Yarmuth LLP; and two lawyers at Steptoe & Johnson LLP.

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Refugees in India’s West Bengal Get Land Titles Amid Citizenship Row

Posted: 29 Jan 2019 08:18 PM PST

BANGKOK—Authorities in India’s West Bengal state have given land titles to about 30,000 refugees who have lived in settlement colonies for years, and promised that thousands more will also get property rights, as a row over their citizenship intensifies.

Chief Minister Mamata Banerjee handed out the title deeds on Monday, and said those living in more than 200 settlements will also get land rights, even though their settlements are on private or federal government land.

“We will try to buy the land from the owners, and we will ask the central government to regularize the colonies on plots owned by central agencies,” Banerjee said at a public meeting late on Monday.

There are an estimated 150,000 families in the eastern state’s refugee colonies. Most are from Bangladesh, according to officials.

Banerjee’s move is part of a wider push to give more rights to certain refugee groups in the country.

India is not a signatory to the 1951 Refugee Convention, which spells out refugee rights and state responsibilities to protect them.

Nor does it have a domestic law to protect the more than 200,000 refugees it currently hosts, including Tibetans, Sri Lankans, Afghans, Bangladeshis and Rohingya from Myanmar.

But in recent years, the government has been granting limited rights to some refugee groups.

Last year, the western state of Maharashtra granted land ownership rights to refugees who had fled what is now Pakistan some 70 years ago, when the countries were partitioned at independence.

Indigenous Chakma and Hajong refugees who left Bangladesh more than five decades ago have limited citizenship in India, but not land rights, while Tibetan refugees get welfare benefits, but no property rights.

Refugee rights are in focus with the Citizenship Amendment Bill 2019, which proposes to give citizenship to Hindus, Sikhs, Jains, Buddhists, Christians and Parsis from Afghanistan, Pakistan and Bangladesh, who came to India before Dec. 31, 2014.

“Land ownership is an issue for refugees, so having a title will make them feel more secure,” said Achin Chakraborty, director of the Institute of Development Studies in the West Bengal capital Kolkata.

“But the issue over the cut-off date still remains, and it is not clear if having a land title is enough,” he told the Thomson Reuters Foundation on Tuesday.

Chakraborty is one of more than 100 academics and activists who have appealed to President Ram Nath Kovind to reject the Citizenship Bill as it discriminates on the grounds of religion and “violates the constitutional principle of equality”.

There have also been protests in the northeastern state of Assam, where residents complain that immigrants from Bangladesh have encroached their land and strained resources.

The bill, which was passed in the lower house of parliament earlier this month, is expected to face resistance from the opposition Congress party in the upper house.

The post Refugees in India’s West Bengal Get Land Titles Amid Citizenship Row appeared first on The Irrawaddy.
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