Wednesday, July 10, 2013

The Irrawaddy Magazine

The Irrawaddy Magazine

Sanctioned General’s Singapore Bank Accounts Reportedly Aided Arms Deals

Posted: 10 Jul 2013 05:58 AM PDT

Lt-Gen Thein Htay addresses a press conference in Rangoon in December 2012, when he was still Border Affairs Minister. (Photo: The Irrawaddy)

RANGOON — According to business sources in Rangoon, a Burmese general who was recently placed on US sanctions list may have opened several bank accounts in Singapore in past years in order to help Burma's military sort out international arms deals.

Lt-Gen Thein Htay, who heads the Directorate of Defense Industries (DDI), was put on a US Treasury sanctions list early this month for "illicit trade in North Korean arms to Burma." DDI was designated for US sanctions a year earlier for developing missile technology with the help of North Korean experts.

Several businessmen told The Irrawaddy that Thein Htay was known to have opened several bank accounts in Singapore several years ago, supposedly in order to help clear arms procurements made by Burma's military. Millions of dollars are believed to be involved in the deals, the businessmen said.

Singapore has long been a favored destination for the generals in Burma's former junta and other members of the country's elite, who visit the city state to open bank accounts, buy property or to receive healthcare treatment.

The fact that many of the generals were on a US sanctions list has not hindered their opportunities to visit and do business in Singapore.

Thein Htay was appointed Border Affairs Minister by President Thein Sein after he took office in 2011, but in recent months Thein Htay stepped down from his position for unknown reasons and rejoined the military.

In 2008, Thein Htay and other senior generals made a secret visit to North Korea. They visited military facilities and, according to the US State Department, signed a memorandum of understanding to gain assistance from North Korean experts in building medium range, liquid-fueled ballistic missiles.

The US government has been improving its relations with President Thein's reformist government in the past two years, but it remains concerned about Burma's military links with North Korea. It is believed that last year Washington sent a notice to Burma's government informing it that DDI's arms procurement activities were being closely watched.

The US government has stated that its measures are not targeted at Thein Sein's government. This month's action taken against Thein Htay, the US Treasury said, "does not target the Government of Burma, which has continued to take positive steps in severing its military ties with North Korea."

At the recent Independence Day celebration held in at the US Embassy in Rangoon Minister Aung Min, the government's chief peace negotiator, was a guest of honor and received a warm welcome at the reception.

Homosexuals Allege Sexual Abuse by Police in Mandalay

Posted: 10 Jul 2013 06:23 AM PDT

Burmese are pictured at an event for gays and lesbians in Rangoon. (Photo: JPaing / The Irrawaddy)

Allegations of sexual abuse by police officers have surfaced following a weekend crackdown by law enforcers in an area of Mandalay frequented by homosexuals and transvestites.

Twelve people were detained, three of whom were charged with disturbing the public, in the police action on Saturday night. The detainees have since complained that they were abused by officers at the police station, where they were held for several hours without any explanation for why they were being detained.

"We were pushed roughly and handcuffed tightly," said Myat Noe, one of those detained. "When we arrived at the divisional police office, the police forcibly pulled off our clothes, kicked us and beat us. Our breasts were squeezed, scratched and beaten with police batons. And they forced us to do frog jumps, without clothes, and shout that we are not women but men. I've never experienced terror like this."

Myat Noe, who is a member of a famous gay dance troupe widely known as Moe Gyo Hngat Ngae, had traveled from Rangoon to Kyauk Hse, a city near Mandalay, to perform in a show.

"When we did as they said, we were beaten again because our voices sound feminine. They slapped our faces and shouted out, 'Shout like a man! Sound like a man!' Myat Noe said.

Police allegedly used sexual slurs, insulted the detainees and forced them to act as though they were walking a catwalk.

"The police said that it [the reason for the arrests] is because we were in possession of condoms. We keep them to prevent diseases, but what should we do if we get arrested for this?" said Yee Lay Po.

"When we were released, the policemen said, 'We've done nothing to you, haven't even touched you.'"

The detainees said they were released on bail after about four hours behind bars, and were forced to sign an agreement stating that they would not dress like women and would not go near the Sedona Hotel area, where many homosexuals and other transgender sex workers are known to gather.

"For some who couldn't find a person to put up bail, they had to remain in police [custody] for some more hours, where they were forced to stand the whole time while some had to polish the shoes of the police and clean the desks. I'm still frightened by this terrible experience," Yee Lay Po said.

"If possible, we want them to suffer the same as we've suffered," said Chan Chan, a gay rights activist who was also detained. "Now we are afraid if we see a policeman. We are angry as well."

Chan Chan said the gay community in Mandalay was living in fear of another crackdown.

"They are gay or lesbian, but they are human too. They have the right to go out or hang out freely, but now they are afraid to go out," he said.

According to the police, Saturday's incident was in response to public complaints.

"We heard that the gays were disturbing the public who came to relax in the area, so we detained them for a while and warned them not to go there again," said Soe Nyein, a Mandalay Division police officer.

"We are not going to charge them," he added. "Since they are men, we had to hold them in the men's cell. Since they wore padded undergarments, we had to ask them to remove them before they went into the cell. Prohibiting unnecessary things from being brought inside the cell is our duty."

The area near Mandalay's Sedona Hotel is a popular spot known for its scenic views of the city's ancient moat and Mandalay Hill.

Right activists said the alleged abuse by police should be punished.

"If they want to control crime, they must arrest only those who commit crimes," said Aung Myo Min, director of Equality Myanmar, a group that educates on human rights as well as gay and lesbian rights. "But in this case, the victims had nothing to do with crime or disturbing the public. They have a right to hang out there. If we do not take action against those policemen, the police will be encouraged to continue such unlawful action in the future.

"We found many cases like this, in which gays were abused by police based on the mindset that you can abuse or make jokes out of the gay community," he continued. "This is such an inhumane act. Since the police are abusing like this but not providing protection, this threatens the rule of law and defames the image of the country."

Intl. Press Watchdogs Condemn Burma’s Publishing Bill

Posted: 10 Jul 2013 06:18 AM PDT

Burmese journalists wear "Press Freedom" baseball caps during a campaign for media freedom in Rangoon last year. (Photo: JPaing / The Irrawaddy)

RANGOON — International press freedom watchdogs have joined Burmese journalists in condemning a new publishing bill that was passed last week by the country's Lower House of Parliament and will be considered next by the Upper House.

"We fully support those journalists who are calling for this repressive bill to be abandoned," Reporters Without Borders said in a statement on Tuesday. "The Upper House must reject this proposed law in its present form as it does not meet international standards on protection of the media."

The Printing and Publishing Enterprise Bill gives the Ministry of Information broad powers to issue and revoke publication licenses, and journalists from Burma's interim Press Council have threatened to resign if it is passed by the Upper House in its current form.

Media watchdogs say the bill threatens to reverse Burma's fragile gains in press freedoms under President Thein Sein's government, which took office in 2011 and abolished pre-publication censorship of print media in 2012.

"We seem to have reached a turning point in the reform process initiated by the government in 2011, one that will clarify its real intentions," France-based Reporters Without Borders said. "The government cannot continue indefinitely to point to the measures it took in 2012 as evidence of its goodwill while at the same time trying to reassert control over the media."

Dr. Agnes Callamard, executive director of Article 19, a London-based human rights organization that works on freedom of expression, also criticized the bill.

"Our analysis of the Printing and Publishing Enterprise Law bill shows that it falls far, far below international standards and if it were adopted would, in effect, retain a system of full government control over the media," she said in a statement on Tuesday. "The Press Council is right to take a stand on such a vital issue to the future of Myanmar."
The publishing bill has been controversial since it was first unveiled by the Ministry of Information in late February, as the initial draft was created without prior consultation from the Press Council, a body of mostly journalists and some government-appointed representatives that formed last year and is drafting a separate press law to boost media freedom.

Press Council members met with ministry officials in May to suggest changes to the publishing bill, but most of those suggestions were not incorporated into the version passed by the Lower House last Thursday.

Burma's Information Minister Aung Kyi said amendments to the bill were submitted to Parliament's Lower House on Sunday and would be discussed further by lawmakers.

"The bill committee submitted their amendments to the bill to Pyithu Hluttaw [the Lower House] on 7 July," he said in a speech published by the state-run New Light of Myanmar newspaper on Tuesday. "After the Pyithu Hluttaw representatives have been informed, the committee has appointed a date for further discussion.

"I'm very glad to meet and talk about the bill," the minister added, saying he would not hesitate to accept amendments as long as they met international norms.

The Press Council does not approve of the bill currently because it does not want the Ministry of Information to control publishing licenses, and has instead recommended that publications be allowed to register like other businesses through the Ministry of Commerce or local authorities.

"We will try to send a message to the Upper House and the President's Office so maybe we can reach a compromise or a deal, maybe make some changes," Thiha Saw, a Rangoon-based editor and a member of the council, told The Irrawaddy on Wednesday. "If all this fails, the entire Press Council will resign in protest."

He said council members met on Tuesday to discuss the bill and would meet again on Thursday.

"We also intend to meet in person with the speaker of the Lower House, the speaker of the Upper House and maybe a presidential advisor," he said.

The council has meanwhile submitted its own press bill to Parliament for consideration. That bill aims to define reporters' rights, promote media ethics and boost overall press freedoms for journalists and journal publishers.

"We already sent a copy to the Lower House on June 26," Thiha Saw said. "But we will also send the Upper House, the President's Office, all political parties and some civil society groups our version of the law, and then we will send some documents about our discussions with the Ministry of Information."

UNFC, Burma Govt Prepare for Political Talks

Posted: 10 Jul 2013 06:09 AM PDT

Government peace delegates from Burma hold talks with the Restoration Council of Shan State (RCSS), an ethnic rebel group, in the Thai city of Chiang Mai in February. The Burmese government is sending its peace team to the Thai border this weekend to meet with a larger alliance of ethnic minority groups, the United Nationalities Federal Council. (Photo: Hla Maung Shwe)

A delegation from the United Nationalities Federal Council (UNFC), a major alliance of ethnic minority groups, will meet a delegation from the government's peace negotiation team this weekend on the Thai-Burma border to set an agenda for future political talks.

During the meeting on Saturday, technical teams from both sides will consider which issues to discuss during future political talks, in addition to choosing a venue and timeframe for those talks, according to Mahn Mahn, head of the UNFC technical team.

He said both sides would also select international observers to attend future talks.

"It's just a meeting of the technical teams in advance, for preparation," he said. "And if we have time, we will talk about how to move forward with our current ceasefire procedure. We will also talk about social development, aid, rehabilitation and cooperation with international support."

He said the resettlement of internally displaced persons and Burmese refugees on the Thai-Burma border would not be considered for discussion until a durable ceasefire agreement was established.

"We have only reached an early stage of the ceasefire agreement," he said. "We have to continue to work toward a durable ceasefire. And as soon as we reach a durable ceasefire, we will need to agree how to move on politically."

The Burmese government has signed ceasefires with most of the country's major ethnic armed groups, and it recently signed a tentative peace deal with the Kachin Independence Organization (KIO) in north Burma's Kachin State. However, clashes between armed rebel groups and the government's army continue there and in east Burma's Shan State.

The government recently vowed to work toward a nationwide ceasefire agreement with all ethnic armed groups and to hold an inclusive meeting with ethnic groups this month in Naypyidaw. However, the meeting will likely be delayed, according to sources from Parliament.

The Myanmar Peace Center (MPC) which previously said a nationwide ceasefire conference would be held in the last week of this month, has also predicted delays.

"The nationwide ceasefire conference might be postponed to another date if meetings [with the KIO] are delayed," Hla Maung Shwe, a special adviser for the MPC, told The Irrawaddy on Wednesday. He said the Kachin rebel group would meet with the government's main peace negotiator, Minister Aung Min from the President's Office, after July 20.

The potential delay in the nationwide ceasefire conference comes amid reports of disagreement among Burmese officials regarding the peace process.

Last week, the speaker of Burma's lower house of Parliament, Shwe Mann, said he believed lawmakers should get more involved in peace deals between President Thein Sein's peace delegation and ethnic rebels.

Parliament is dominated by the Union Solidarity and Development Party (USDP), which was backed by the former military regime, and 25 seats are also reserved for military appointees.

"During the peace process, negative consequences could arise if we try to achieve peace agreements that are not in accordance with law," Shwe Mann told lawmakers on July 2. "It could affect the safety of citizens and cause the government to fail in its protection of citizens."

Some observers, including lawmakers, say Shwe Mann's questioning of Thein Sein's peace program signals a developing political rivalry between the two leaders. Shwe Mann has made it clear that he wishes to run for president in the next election in 2015.

Earlier this month, the Shan State Army-North (SSA-North), an ethnic rebel group that has clashed recently with the government's army despite a ceasefire, criticized Thein Sein's government for a lack of control over the armed forces.

The rebel group's political wing, the Restoration Council of Shan State (RCSS), released a statement following a meeting with the government in Naypyidaw in early June, saying that some officials from government did not agree with the president's path of reform.

Wife Says Ex-officer on Death Row Is a Political Prisoner

Posted: 10 Jul 2013 06:04 AM PDT

Win Naing Kyaw.

RANGOON — The wife of former Burmese military officer Win Naing Kyaw, who was detained exactly four years ago and sentenced to death for leaking state secrets, says that he is a political prisoner and should be released.

"It is sad to see they still have hate towards my husband, this is why they did not release him. Many people, including even ethnic rebels, were granted amnesty and released from prison, but not my husband," said Khin Moe San.

She said that as President Thein Sein's reformist government has released hundreds of political prisoners it should acknowledge that Win Naing Kyaw was also a prisoner of conscience who deserves amnesty.

"They always say they want all-inclusive political change and this is why they released political prisoners. But they still locked up my husband," she told The Irrawaddy. Khin Moe San added that her husband was being held at Tharawaddy Prison in Pegu Division.

President's Office Minister Soe Thein recently said that the former major was not a political prisoner as the government has evidence of his guilt.

Win Naing Kyaw, a former personal staff officer assigned to the State Peace and Development Council's Secretary-2, the late Lt-Gen Tin Oo, was arrested on July 9, 2009.

Win Naing Kyaw and Thura Kyaw of the Ministry of Foreign Affairs office were both sentenced to death under the State Emergency Act III in January 2010 for leaking military secrets to the exiled media. Pyan Sein of the Ministry of Foreign Affairs received a 15-year sentence for violation of the Electronic Act.

The three were arrested after information and photos about former Gen Shwe Mann’s trip to North Korea were leaked to exiled news media. The trip by Shwe Mann, the current Lower House Speaker, involved procuring military arms, tunnel building and other matters.

Khin Moe San said that her husband had been wrongfully accused of leaking the material, although he had not been involved in the transfer of information.

She said that authorities at the time forced her to sign a statement regarding her husband. "They told me to sign and my husband would be sentenced for two years in prison. But, later they charged him with additional offenses."

Bo Kyi, the joint secretary of the Thailand-based Assistance Association for Political Prisoners (AAPP), said a government committee that is reviewing the status of Burma's remaining political prisoners had been reluctant to discuss Win Naing Kyaw's case, adding that AAPP considered him a political prisoner.

"We recognize as political prisoners those who work for political change, and who were put in prison during these efforts. Ex-Maj Win Naing Kyaw is a political prisoner in our list," said Bo Kyi.

"We will continue to talk and propose to the government clearly why we think they should be recognized as political prisoners. This problem can only be solved by negotiating with each other."

No Changes to Burma’s 60-Year-Old Prostitution Law, Police Chief Says

Posted: 10 Jul 2013 04:47 AM PDT

Burmese girls prepare for work at a massage parlor in the Chinese border town of Jiegao. (Photo: Getty Images)

Burma's Parliament has no plans to amend a law on prostitution written more than six decades ago and still used to prosecute sex workers today, the country's top cop said during a legislative session on Tuesday.

Brig-Gen Kyaw Kyaw Tun, who also serves as the deputy home affairs minister, revealed that no changes to the 1949 law would be forthcoming in response to a question from a female lawmaker, San Thar Min.

"I have already anticipated that they will not amend the law for prostitution," San Thar Min said. "The authorities who deal with the issue of prostitution know this law is out of date.

"They even understand how other countries deal with prostitution, such as by offering medical treatment to solve problems," she added, referring to programs in some countries that address concerns like the spread of HIV/AIDS.

The lawmaker, who represents constituents in Naypyidaw, said negative social perceptions of prostitution and cultural factors were holding back reform of the law.

San Thar Min had requested information on the number of prostitution cases being handled by law enforcement, with the lawmaker expressing concern that poverty and unemployment were driving more women into the sex industry. She also asked for details on any programs aimed at helping sex workers reintegrate into society.

Authorities prosecuted 1,956 prostitution cases in 2011, 3,226 cases in 2012 and 640 cases so far this year.

Kyaw Kyaw Tun acknowledged a link between prostitution and poverty, but defended the vigorous prosecution of sex workers, citing the deterrent effect that the threat of prison time provided.

Criticizing their work ethic, he claimed that prostitutes often could find legal jobs, but preferred the more lucrative sex industry.

Concerning government efforts to rehabilitate and reintegrate convicted sex workers, Kyaw Kyaw Tun said underage prostitutes are offered opportunities to continue their studies or receive vocational training in a variety of trades.

Those convicted under Burma's law on prostitution face up to three years in prison.

"They [lawmakers] may understand that they will have to amend this law one day, even though they did not want to do so today," San Thar Min said.

US Firms Eye Burma Business Opportunities with Ambivalence

Posted: 10 Jul 2013 04:40 AM PDT

Zaw Moe Khine, General Motors' representative in Burma, speaks in Rangoon on Wednesday. (Photo: Simon Roughneen / The Irrawaddy)

RANGOON — Though Burma is "one of the most exciting new markets in the world right now," American companies remain reluctant to invest here due to the country's poor infrastructure and outdated commercial and financial laws, say representatives of a US business delegation.

US-Asean Business Council President Alexander Feldman on Wednesday lamented the practical hurdles to doing business in Burma as his delegation wrapped up a visit that brought prospecting executives from AT&T, Chevron, Cisco, General Electric, General Motors, IBM and other big American brands to Rangoon.

While an enticing market at the strategically important intersection of China, India and Southeast Asia, Burma's poor electricity supply and road network, as well as high land prices, stand out as deterrents for investors, according to the Council, a business-funded advocacy group for American enterprises operating in Southeast Asia.

Acknowledging that some pioneering US companies such as Coca-Cola, General Electric and Ford have opened operations in Burma, Feldman noted that others are so far just setting up representative offices in Burma.

"It's not like nothing has happened," Feldman said, downplaying the tentative, wait-and-see approach and pointing out that Burma's economic opening-up is still in in its early stages.

He said American health care, insurance and IT companies are interested in investing in Burma, while financial services providers such credit card companies are expanding their recently established operations in the country. Credit card services are now available at about 150 ATMs and accepted at some 300 hotels, restaurants and shops in Burma, a relatively new development.

"Last year I had to carry a big wad of cash with me," Feldman recalled.

General Motors will open a new showroom in Rangoon this year, with a second to come in Mandalay, said Zaw Moe Khine, GM's in-country representative. "Myanmar has so far been mostly a used-car market," he said, "but GM will offer left-hand drive automobiles to better serve the market here."

The GM announcement was the sole new investment to come out of the Council's current mission to Burma, though Feldman said he expected more deals would be inked later this year.

In the meantime, companies looking at Burma's low-wage economy and its market of 50-60 million people will have to overcome other difficulties. Even finding acceptable office space with necessary amenities in Rangoon is a challenge, the Council said. "It's just so hard to find anything that is suitable," said Feldman, adding that Burma compares unfavorably with other Asean economies when it comes to finding office locations.

And, relaying the views of its members, the Council cited poor Internet connection speeds and availability as another factor hindering companies from setting up shop in Burma.

"That's got to change," Feldman said, pointing out that Burma's Internet infrastructure is scheduled to be upgraded with new fiber optic cables and the imminent arrival of two foreign mobile network providers. "We have some big IT companies with us on this mission," said Feldman, "and they are interested in Myanmar."

While broadly praising Burma's government for the reforms undertaken so far, the Council said some changes did not go far enough for investors' liking. Citing one example, Feldman said insurance companies sizing up opportunities in the country who would otherwise "love to do business here" are constrained by the omission of the sector from Burma's 2012 foreign investment law.

In July 2012, the US government lifted a ban on companies investing in Burma, in recognition of reforms undertaken by President Thein Sein's government. In May 2013, the two countries signed a Trade and Investment Framework Agreement to bolster commerce between the one-time enemies.

According to the Office of the United States Trade Representative, bilateral trade between the two counties remains small, totaling US$90 million in the first three months of 2013.

Monks in Thailand Urge Bolstered Security at Bodh Gaya Temple

Posted: 10 Jul 2013 03:48 AM PDT

Monks gather in front of the United Nations office in Bangkok on Wednesday. (Photo: MCU)

Monks in Thailand from Burma and neighboring countries have called for peace and increased security at India's Mahabodhi Temple following bomb blasts at the sacred Buddhist site on Sunday.

More than 200 monks from Buddhism-practicing nations studying at Buddhist universities in Bangkok gathered on Wednesday in front of the United Nations office and later the Indian Embassy, where they condemned the violence at Bodh Gaya in eastern India.

"We call for tightened security at the Mahabodhi site—where the Lord Buddha gained enlightenment and practiced peace—to avoid further attacks like Sunday," said Ashin Kuvera, a Burmese monk studying at the Buddhist Maha Chulalongkorn University in Bangkok.

"Lord Buddha is one of the world's pacifists. Such violence to the Unesco world heritage site as well as a landmark of the peace-builder is like an assault to pacifists around the world," Ashin Kuvera told The Irrawaddy on Wednesday. "We condemn such violence and we do not encourage such acts. Therefore, we urge authorities to take such preventive [measures] for peace and harmony."

The Buddhist monks studying at Maha Chulalongkorn and Mahamakut Buddhist University, Thailand's top Buddhism schools, and Siam University, are from Burma and several other neighboring countries.

Speaking to The Irrawaddy over the phone, Ashin Kuvera said that "as soon as we heard the news about the blast, we held the meeting. The student monks from other countries such as Bangladesh, Sri Lanka, India, Vietnam, Thailand, Cambodia and China joined the meeting and arranged a time when all the student monks could join, as we have different levels of study at the Buddhist universities."

Two people, including a Burmese monk, were injured in at least eight blasts that went off in the early hours of Sunday morning at Bodh Gaya and two other locations in the state of Bihar. One man was detained by Indian police on Monday while other suspects are being sought.

Following the bomb blasts, Buddhist monks held protests on Monday in Bodh Gaya at the temple complex to condemn the attack. Separately, Magadh University students from Burma, Bangladesh, Sri Lanka, Thailand and Vietnam staged a protest at their university campus, also in Bodh Gaya.

In the wake of the bombings, the Burmese government has bolstered security at Burma's main Buddhists sites, including Rangoon's Shwedagon Pagoda, Mandalay's Maha Myat Muni Pagoda and the ancient temple complex of Bagan.

Burma and North Korea: Again? Still?

Posted: 10 Jul 2013 12:19 AM PDT

(This article was first published by the Lowy Interpreter)

The US Treasury’s ‘designation’ of Lt-Gen Thein Htay, Chief of Burma’s Directorate of Defense Industries (DDI), for purchasing military goods from North Korea, surprised many. After Barack Obama’s visit to Burma in November 2012, when he was assured by President Thein Sein that such activities would cease, concerns about Naypyidaw’s shadowy relationship with Pyongyang had seemed to fade.

In March, some suspect dual use materials from North Korea were seized by Japan, but nothing seemed to come of it. And North Korea did not rate a mention in the official statements and learned commentary related to President Thein Sein’s return visit to Washington in May. The State Department Fact Sheet issued after the visit was all good news.

Yet US concerns about Burma’s military links with North Korea have never gone away.

Before Obama’s visit to Burma, Naypyidaw’s relationship with Pyongyang was the subject of considerable concern. Washington tended to discount a clandestine nuclear weapons program but remained worried about the possible sale to Burma of ballistic missiles and/or missile production facilities. In April 2012, a senior State Department official told Congress that this was ‘a top national security priority’.

During the Obama visit the Burmese Government announced that it would cut its military ties with North Korea. It stated that it had not and would not violate UN Security Council resolutions 1874 of 2009 and 1718 of 2006, both of which banned arms sales from North Korea. Burma also reiterated its commitment to the Nuclear Non-Proliferation Treaty, a claim that has since been accepted by Washington.

Following the Obama visit, and assurances from several Burmese officials that links with North Korea had indeed been severed, the issue dropped from sight. There were warnings from a few critics of the US rapprochement with Burma, but it was almost as if the matter had been resolved. A survey of official US statements over the past year, however, suggests that Burma’s relationship with North Korea has continued to weigh on Washington’s mind:

On 11 July 2012, President Obama issued an Executive Order stating that Burma’s arms trade with North Korea constituted ‘an unusual and extraordinary threat to the national security and foreign policy of the United States’. It authorized sanctions against Burmese individuals and institutions engaged in this practice.

On the basis of this Order, the US formally ‘designated’ Burma’s DDI which, according to the State Department, ‘carries out missile research and development at its facilities in Burma, where North Korean experts are active’.

In February 2013, the Special Representative and Policy Coordinator for Burma, W Patrick Murphy, told the Tom Lantos Human Rights Commission that the US continued to target those who ‘perpetuate military trade with North Korea’.

Speaking to the Senate Committee on Foreign Affairs’ Subcommittee on East Asian and Pacific Affairs on 25 April 2013, a State Department official revealed that the US continued to ask the Burmese Government to demonstrate ‘an end of military ties to North Korea’.

On 2 May 2013, in a briefing about the relaxation of economic sanctions against Burma, State Department officials stated that ‘specific bad actors’ in Burma engaging in trade with North Korea would not be eligible to enter the US.

Looking back over these statements, it would appear that the US has tried to keep up public pressure on Naypyidaw — as it has doubtless been doing in private — but it has not allowed its concerns over continuing Burmese links with North Korea to interrupt the development of bilateral relations. This represents a softening in the US position since Hillary Clinton’s December 2011 visit to Burma.

This policy shift may account for the fact that sanctions have been imposed on a single department of Burma’s armed forces and an individual army officer. The recent Treasury document specifically states that it is not targeting the Burmese Government, which ‘has continued to take positive steps in severing its military ties with North Korea’. It also refers to Naypyidaw’s undertaking in 2012 to abide by the relevant UNSC resolutions.

That formulation may satisfy diplomatic etiquette, but it is difficult to see how LTGEN Thein Htay or the DDI could maintain links with a foreign power without the knowledge of the armed forces leadership, and probably the president. It is also unlikely that DDI’s acquisitions from North Korea have not been in formal breach of UNSC resolutions 1874 and 1718. If the transactions were benign, why the strong US response?

As Network Myanmar’s Derek Tonkin has pointed out, the Treasury statement did not say when the offences took place, or what arms were involved. However, a US spokesman has revealed that the Treasury Department has had concerns about Thein Htay since last November, when he led a Burmese delegation to Beijing. There he met North Korean officials and signed an agreement to expand bilateral military ties.

Senator Richard Lugar is no longer around to voice his perennial concerns about secret deals between Pyongyang and Naypyidaw, but Congress has already sounded some warning bells. North Korea was not specifically mentioned, but in June both houses called for greater transparency from the Burmeseabout military budgets and operations before the US seeks closer engagement with their armed forces.

The Burmese Government has expressed surprise at the recent Treasury announcement, and President Thein Sein’s office has claimed not to know the evidence on which the latest US sanctions are based. Only last month, the Speaker of Burma’s lower house of parliament reportedly told officials in Washington that Burma’s arms trade with North Korea had ceased, and that Naypyidaw was observing the relevant UNSC resolutions.

The latest developments in this saga raise a number of difficult questions. Is LTGEN Thein Htay a maverick, acting alone? Are Burma’s armed forces beyond the president’s control? Is Naypyidaw trying to squeeze in a few more arms sales and wrap up a secret missile program before cutting its ties with Pyongyang? Is Thein Sein hoping that the US wish to preserve its good relations with Burma will persuade it to turn a blind eye?

Once again, observers are left bemoaning the lack of hard information, not only about Burma’s shadowy relationship with North Korea, but also what drives the decisions of policy makers in Naypyidaw and Pyongyang — and Washington.

Andrew Selth is a research fellow at the Griffith Asia Institute. This article first appeared in the Lowy Interpreter on July 10, 2013.

Faith Healing in Kachin: Going Cold Turkey Behind Locked Doors

Posted: 10 Jul 2013 12:13 AM PDT

Residents sing during morning prayers at the Youth for Christ Centre for heroin addicts near Naung Chein in Myanmar’s Kachin State in July 2013. (Photo: Reuters)

NAUNG CHEIN — A year ago, Wun Naung Lay left his village in northern Burma to look for work and found heroin instead. Today, the skeletal 25-year-old is locked up and going cold turkey beneath a filthy blanket in a bamboo cell.

Wun Naung Lay is one of more than 600 young men who have undergone primitive drug rehabilitation at the Youth for Christ Centre, a collection of tin-roofed shacks on a riverbank in Kachin State.

Burma is the world’s second-largest producer of opium after Afghanistan and use of its derivative, heroin, is widespread. The center's popularity is a testament both to the severity of Burma’s drug problem and the lack of options for users in a poor country where modern treatment programs are rare.

It offers a 40-day "course" of prayer, Bible study and devotional singing, with football and weightlifting for those strong enough.

Detox begins in the Special Prayer Room, as the bamboo cell is called. New arrivals are locked in around the clock for seven to ten days.

"At first I just wanted to go home, but now I’m feeling a bit better," said Wun Naung Lay, whose forearms are perforated with needle holes.

The Youth for Christ Centre is the brainchild of Ndingi Laja, 45, a former convict and folk singer better known by his stage name Ahja.

A wiry and intense figure, Ahja believes his devotion to God helped him kick heroin while serving a nine-year sentence for drug use. Founded in 2009, a year after his release, the center is an attempt at faith-based abstinence on a larger scale.

His methods find little support among global health experts, who say voluntary drug treatment is not only more humane but also more effective.

They advocate harm-reduction policies, including needle-exchange programs and substitution drugs such as methadone, which focus on mitigating the ill-effects of drug use.

There is no methadone at Ahja’s riverside rehab – he doesn’t believe in it. "It isn’t effective. You never escape the addiction completely," he says.

After their grim stint in the Special Prayer Room, the men are moved to a dormitory that is also locked at night. This discourages residents from sneaking out to buy alcohol or cigarettes, both banned at the center, or from running away entirely.

A quarter of the 65 males, mostly aged 15 to 25, who started the latest course have "escaped", said Ahja.

Some are farmers and laborers, others are students. They are usually Kachin, who are predominantly Christian, but some are from Buddhist ethnic groups.

Most arrive voluntarily, but some are brought by force with the help of staff members, many of them former addicts.

Ahja started his center with donations from fellow Christians. He charges each patient 40,000 kyat ($40), although poorer families pay less, sometimes nothing.

He insists his methods are effective, although he can’t say how many patients stayed off drugs after leaving the centre.

Around Burma, drug users are still criminalized and stigmatized. Under a law enacted when it was a British colony, even possessing a needle carries a six-month jail sentence.

A crackdown by police in Myitkyina, Kachin State, last year drove users underground and interrupted prevention and treatment programs that help combat the spread of HIV/AIDS.

About 20 percent of injecting drug users, most of whom live in heroin-saturated northern Burma, are infected, according to the Ministry of Health.

Internet Big Boys Take Aim at Singapore’s ‘Regressive’ New Rules

Posted: 10 Jul 2013 12:03 AM PDT

Protesters walk past a mock gravestone during a protest against new licensing regulations imposed by the government for online news sites, at Hong Lim Park in Singapore on June 8, 2013. (Photo: Reuters / Edgar Su)

SINGAPORE — Singapore's move to tighten regulation of news web sites, already under fire from bloggers and human rights groups, has attracted criticism from an unexpected quarter—large Internet firms with a big presence in the city-state, which say the new rules will hurt the industry.

Web giants Facebook, eBay, Google and Yahoo! have said the revised rules "have negatively impacted Singapore's global image as an open and business-friendly country."

The comments, made in a letter to the Minister for Communications and Information, Yaacob Ibrahim, by the Asia Internet Coalition, an industry body, are the first sign that Singapore's success in wooing major players is not assured.

Google, eBay, Facebook and Yahoo all have a major presence in the city-state.

Google said separately it was concerned about the long-term implications of the regulation—especially for local Internet entrepreneurs who it said now faced greater uncertainty and legal risk.

Minister Yaacob, however, told parliament on Monday that his ministry intended to move ahead with the legislation, despite calls from lawmakers to delay its implementation, and dismissed some of the concerns raised.

"The overall law is not meant to force sites to close down by causing them financial difficulties. MDA have already indicated and replied earlier that they will be prepared to exercise flexibility where warranted should a site have genuine difficulties putting up a bond," he said.

In late May, the Media Development Authority (MDA) said websites that regularly report on Singapore would have to be licensed and listed 10 news sites that would be affected, based on criteria such as having 50,000 unique visitors from Singapore each month.

Websites affected by the new licensing regime would have to put up a S$50,000 ($39,300) performance bond as well as take down within 24 hours any story that authorities deemed objectionable.

"Singapore aims to be the future, but this regulation looks a lot like the past," Google's Ann Lavin, director of public policy and government affairs, Southeast Asia, told Reuters.

MDA had said the changes would make the rules governing news websites more consistent with those affecting newspapers and other traditional media platforms. It also said there was no change in its content standards, a point reiterated by Yaacob.

The Asia Internet Coalition (AIC) was set up in 2011 by Google, Facebook, Yahoo and eBay to lobby for free and open access to the Internet and promote e-commerce.

The Internet and related industries have become an important sector for Singapore, with revenues last year growing 23 percent to S$103 billion ($81 billion). The sector employs more than 144,000 people out of the city-state's 3.2 million workforce, according to government data.

"When you look at other countries in the region, it's hard to see anyone immediately breathing down the neck of Singapore and Hong Kong," said John Ure, executive director of AIC. "But things can change. Five to 10 years is not a long time."

Ure said the coalition's members had been unnerved by the announcement coming "out of the blue" at a time when it had been holding discussions with the Singapore government on several Internet-related issues.

The regulations, he said, "muddied the waters" and that "anything that is seen to be a hindrance to the free flow of content and data" was of concern to his members.

Singapore has attracted major Internet companies in part because of its commitment to what it has called a "light touch" when it comes to policing the Web.

Yahoo's popular Singapore news site was the only foreign website among the 10 listed by the MDA, but critics fear the rules could be extended to cover other websites, including those critical of the government.

A Yahoo spokesman said it had no official comment on the regulation but that the AIC's position was "broadly consistent with ours."

Opposition lawmaker Lina Chiam told parliament there were still many unanswered questions about the new MDA regulations despite recent attempts at clarification.

"The definition of news sites under the regulations, as they stand, is so arbitrary, and can encompass any website posting at least one news-related article in a week," she said.

"That is why Singaporeans continue to believe that the regulations had been crafted to censor blogs, especially those that discuss politics."

Lobby group Reporters Without Borders, in its latest report, ranked Singapore 149th globally in terms of press freedom, down 14 places from 2012 and below many of its neighbors.

In 2011, the city-state's tiny opposition made big gains against the long-ruling People's Action Party in a parliamentary election, partly by using social media such as Facebook and YouTube to reach voters.

Rights groups have joined local bloggers in criticizing the move. Phil Robertson, deputy director of Human Rights Watch's Asia division, said that major Internet companies adding their voice should give Singapore serious pause about its approach.

The government, "like a little boy in a dark bedroom, imagines that every bump in the night means there are monsters under the bed ready to pounce on Singapore's much vaunted social stability," he said.

For Cost-Crunching Retailers, Bangladesh Reigns Supreme

Posted: 09 Jul 2013 10:58 PM PDT

Protesters hold up a sign commemorating those killed in recent clothing factory tragedies in Bangladesh outside Wal-Mart Stores Inc. headquarters in Bentonville, Arkansas, on June 5, 2013. (Photo: Reuters / Rick Wilking)

TIRUPUR, India — With knitwear exports of over $2 billion a year, India's garment manufacturing hub Tirupur has earned the nickname "Dollar City," but its allure for price-conscious global retailers obsessed by discounts of as little as one US cent pales before Bangladesh.

Indian and SoutheastAsian apparel manufacturers had hoped the orders would come flooding in, after the deadly collapse of a Bangladesh garment factory complex this year galvanized global brands such as Hennes & Mauritz AB (H&M) to consider relocating production.

But several industry organizations and factories contacted by Reuters in Vietnam, Cambodia, Indonesia, Sri Lanka and India—Asia's top apparel makers outside China—said international retailers were not beating a path to their door just yet. When it comes to price, Bangladesh is king.

"The reason Bangladesh went from zero to hero in the garment sector is because there is no country with such low labor and other costs," said Arvind Singhal, chairman of India-based retail consultancy Technopak Advisors.

"No buyer is in a hurry to move from Bangladesh because Western retailers are stressed about passing any retail price increases to customers," he said. "Currently, there is no substitute for Bangladesh, where manufacturers even risk operating from rickety structures to cap costs."

Wal-Mart Stores Inc has stood by its Bangladesh production, saying the South Asian nation remains an important sourcing market. H&M also said its quest for alternative manufacturers was not at the expense of Bangladesh.

"We are not reducing our purchases from Bangladesh. We aspire to have long-term relations with our suppliers," H&M spokeswoman Elin Hallerby said. "We are always looking at new production capacity to support our continuous expansion."

The latest data from Bangladesh highlights its enduring appeal: garment exports in June rose 26 percent year-on-year to $2.2 billion.

More than four million people, mostly women, work in Bangladesh's clothing sector, making it the second-largest global apparel exporter behind China.

The world's biggest fashion retailers, Inditex SA and H&M, as well as Wal-Mart, Gap Inc and JC Penney Company Inc are a few of the brands manufacturing there.

The $21 billion-a-year industry has been built on low wages, government subsidies and tax concessions from Western countries. But the collapse of the Rana Plaza factory complex outside Dhaka in April raised concerns about safety loopholes. The disaster, one of the world's worst industrial accidents, killed 1,132 people.

The collapse prompted global brands to consider tapping regional alternatives.

Indonesian textile firm Sri Rejeki Isman PT (Sritex), which makes clothing for Zara, H&M and other brands, said it was in talks with H&M about taking over an as yet unspecified amount of Bangladesh-sourced production. H&M declined to comment.

But as large factory owners across the region discovered, translating talks into orders is difficult as, compared to Bangladesh, they are considered too expensive.

"Garments produced in Bangladesh have a very competitive price, around two-to-three times lower than in Vietnam," said Hguyen Huu Toan, deputy director of SaiGon 2 Garment JSC, a Vietnam factory whose clients include British fashion retailers New Look and TopShop.

The cost disadvantage also impacts Sri Lanka's $4 billion-a-year garment industry, and factory owners there say any shift in production from Bangladesh will be transient.

"We are much better than any other country in the region, but it is a temporary advantage," said Tuly Cooray, the secretary-general of industry group Joint Apparel Association Forum. "At the end of the day, the price is going to matter."

The economic slowdown in Europe and the United States has made retailers all the more keen to seek out the lowest-cost manufacturing centers to keep their store prices down.

N. Thirukkumaran, owner of Tirupur-based apparel maker Estee, which racked up $8.3 million in sales last year, said he holds marathon haggling sessions with foreign customers demanding discounts as little as one cent per unit.

At least one US retailer asked about moving production from Bangladesh, he said, but they have yet to place orders. Thirukkumaran would not name the brand, citing client confidentiality.

"There are positive signals from buyers, but they are still skeptical about price," he added.

Monthly minimum salaries for garment sector workers in Bangladesh average around $38, far below the $100 average for Indian factory workers.

After the Rana Plaza collapse, the cabinet approved changes to the labor laws that pave the way for garment workers to create trade unions without the approval of factory owners.

The cabinet also formed a wage board to consider pay increases. But industry experts say Bangladesh has too much to lose by alienating global retailers, which means that for now, the low costs are here to stay.

"No other destination has what we have and that is skilled and cheap labor," said Mohammad Mujibur Rahman, a Bangladeshi academic leading factory inspections.

"Foreign buyers realize this and nobody is in a hurry to move out … there might be a small trickle outside, but nothing significant that will hurt us."

China Reiterates Hardline Stance on Dalai Lama

Posted: 09 Jul 2013 10:51 PM PDT

The Dalai Lama cleans his glasses during a session on the role of compassion in education during a conference at Stanford University in Palo Alto, California, on October 15, 2010. (Photo: Reuters)

BEIJING — China's top official for ethnic affairs indicated there will be no softening of the Communist Party's struggle against the Dalai Lama by the country's new leadership.

The Dalai Lama has deviated from Tibetan Buddhist tradition and remains intent on splitting Tibet from China, the party's fourth-ranking official, Yu Zhengsheng, said Tuesday on a visit to a Tibetan area of the western province of Gansu.

Yu said the exiled Tibetan Buddhist leader's proposal for a "middle way" of meaningful autonomy for all traditionally Tibetan areas is in opposition to China's constitution and policies on self-governance by ethnic minorities.

"In order to safeguard national unity and the development and stability of Tibetan regions, we must open a clear and profound struggle against the Dalai clique," Yu said, employing Beijing's standard term for the Dalai Lama and his followers.

Tibetan Buddhists must draw a clear political line between themselves and the Dalai Lama, oppose all forms of separatism, and actions harmful to the party's leadership and the socialist system, he said. The speech was reported on the central government's official website.

China says it has made vast investments to boost the region's economy and improve the quality of life for the country's 5.4 million Tibetans. Much of Yu's speech focused on those measures, while he also pledged to expand the use of Mandarin Chinese alongside Tibetan in education to improve job prospects.

Many Tibetans say those policies have largely benefited Chinese migrants and resent strict limits on Buddhism and Tibetan culture. The region remains highly volatile despite a massive security presence in both the Tibetan Autonomous Region and traditionally Tibetan areas of western China.

Recent years have seen the self-immolation of a reported 119 Tibetans in protest at Chinese rule and repeated clashes at Buddhist monasteries and Tibetan town.

Reports said Chinese paramilitary police fired on Tibetans seeking to commemorate the Dalai Lama's 78th birthday on Saturday, injuring at least six people.

The Dalai Lama says he wants only meaningful autonomy for Tibet rather than independence. China says Tibet has been part of its territory for centuries, although many Tibetans say they were largely independent prior to the 1950 occupation by communist troops.

Indonesia Remains Unwelcoming Transit Point for Asylum Seekers

Posted: 09 Jul 2013 10:29 PM PDT

An Indonesian officer negotiates with asylum seekers from Afghanistan, Iraq and Iran to leave the Australian vessel Hermia docked in Merak in April 2012. (Photo: Reuters)

Asylum seekers and people smuggling have come to dominate the Australia-Indonesia relationship to the point where the issue was at the top of the agenda last week when newly reinstated Prime Minister Kevin Rudd met with Indonesian President Susilo Bambang Yudhoyono.

Jakarta has said in the past that it wants Australia to increase its acceptance of refugees coming from Indonesia, although one of Canberra's main goals is to find a way to prevent people coming in on boats and to encourage Indonesia to improve detention facilities and border control as a buffer to keep them off Australian shores.

Although the majority of asylum seekers to Australia previously arrived by airplane, the numbers who arrive by boat have been increasing, and it is boat people who stir the most controversy. Indonesia lies directly athwart most of the sea lanes used as transit by refugees headed for Australia, particularly Sri Lankans, Rohingyas, Afghans, Somalis and others, who tie up with people smugglers at hubs on Indonesia's thousands of islands to risk their lives at sea in ramshackle boats.

The United Nations High Commissioner for Refugees reported that 9,226 refugees were in Indonesia at the end of February, up 2,000 percent since 2008, although the figure could be much higher, since many are not reported.

There is no easy solution, particularly when Indonesia has neither international treaty obligations nor a clearly defined role when it comes to responsibility for handling asylum seekers at sea. Jakarta doesn't subscribe to the international Safety of Life at Sea and Search and Rescue Conventions. Instead Australia and Indonesia employ limited bilateral agreements such as the 2004 Arrangement for Coordination of Search and Rescue Services.

In 2009 asylum seekers rescued in Indonesian waters and put on board the Australian vessel Oceanic Viking were subsequently denied access at consecutive ports in Merak and Riau Islands despite the operation of the search and rescue arrangement and an agreement between Rudd and Yudhoyono to allow the Australian ship to dock.

Indonesia has not advertised itself as a transit point. Its facilities and lack of frameworks and guarantees should stand as forceful deterrents, yet after a decade of doing little except increasing border security, asylum seekers still exploit the weak immigration system and the island nation's porous and poorly patrolled borders to launch perilous boat journeys. The issue was highlighted last week when a sinking boat carrying 80 refugees ran into trouble south of Indonesia.

The United Nations High Commission for Refugees (UNHCR) says that without refugee legislation and procedures in Indonesia, it alone is responsible for protecting and assisting refugees and asylum seekers, in addition to conducting registrations.

The UNHCR is advocating for Indonesia's accession to the 1951 Refugee Convention and its 1967 Protocol, yet it is highly unlikely that the country will sign on anytime soon, if ever. It hasn't signed onto or ratified several other international human rights documents. Not only is Jakarta disinclined to lock itself into such agreements, it has focused on other priorities such as managing people internally displaced through frequent natural disasters and civil ethno-religious conflicts.

Even without signing the Refugee Convention, Indonesia could still look toward improving detention and possibly building detention and processing facilities. As Ross Taylor from the Indonesia Institute suggests, Australia is prepared to fund such a detention facility and East Nusa Tenggara is a good spot to start.

The problem is that Indonesia lacks an effective judicial system that can adequately prosecute people smugglers and deal humanely with detainees.

Convincing Yudhoyono is also not the biggest obstacle. It is government officials and regional heads who will oppose transforming Indonesia from unwelcoming transit point into a link in the larger chain of Australia's immigration system.

Currently, transiting refugees are detained in immigration detention centers in squalid conditions for indeterminate periods without rights or recognition as asylum seekers. A new report published on July 1 from Human Rights Watch says many suffer physical abuse from guards and police. Human Rights Watch reported that refugees are often beaten and occasionally killed, with the country providing little or no accountability and has done little to clean up its detention facilities.

While the country has taken some steps to clean up the situation, the report shows that those steps are nowhere near enough. Indonesia urgently needs a nationwide review of physical abuse in detention. The government needs to put in place procedures to train immigration staff and provide an effective and safe complaint mechanism for detainees.

Considerable amounts of money and resources are being spent on border protection and keeping asylum seekers out, money that would be better spent creating access to apply for refugee status and resettling the most disadvantaged. But if it can't, safe and humane processing centers in countries that are used as transit points provide reasonable options to stopping people smuggling and housing asylum seekers offshore.

It will take more than a bilateral relationship between Australia and Indonesia to find a solution, analysts say. Without regional cooperation and support, the issues will continue to be divisive for Australia-Indonesia relations and a humanitarian failure for those seeking asylum.

Kevin Rudd's visit was an opportunity to create a less polarizing discourse and to adopt a more regionally minded approach in discussions of asylum seekers rather than to keep badgering Indonesia on an issue it doesn't regard in equal importance as does Australia.

As it stands now, asylum seekers have virtually no rights in Indonesia and are guaranteed a lengthy purgatory in detention. As a transit point, Indonesia is a necessary perdition where taking a boat ride is inevitable.

Whereas 10 years ago Indonesia may not have had the means or motivation to do something about asylum seekers, it now has both by way of a fast-growing economy and greater Asean and international leadership responsibilities. And 10 years ago Australia was engaged in unhelpful megaphone diplomacy that distanced Indonesia from building a relationship of mutual trust and perspective.

It doesn't seem likely that Indonesia will sign onto international refugee protocols anytime soon, yet expanding the issue into regional discourse and making provisions for processing centers may change Indonesia's attitude toward remaining a hostile transit point.

Lauren Gumbs is a human rights student at Curtin University in Perth and holds a master's degree in communications. She resides in East Java.
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