Tuesday, March 25, 2014

Democratic Voice of Burma

Democratic Voice of Burma

Latpadaung activist Thaw Zin sentenced to 15 months

Posted: 25 Mar 2014 03:43 AM PDT

Activist Thaw Zin was handed a 15-month prison sentence at a court in Monywa on Monday for his role in helping local villagers protest against land seizures at the Latpadaung copper mine in Sagaing Division.

According to Thaw Zin’s father, Thein Dan, the former political prisoner was convicted to three months for criminal trespassing, and given concurrent sentences of six months for the crimes of "disturbing public tranquility" and "disobedience duly promulgated by a public servant".

Speaking to DVB, Thein Dan said he initially believed the rule of law would prevail, but he was wrong.

"I am sad, but what can I do?" he said.

Local residents in the villages around Latpadaung, which is situated near Monywa in central Burma, rallied around, saying the verdict was unfair.

"I am not satisfied with the verdict against Thaw Zin. The court was not impartial," said local supporter Than Myint.

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Thaw Zin was arrested by plain-clothed police on the morning of 11 February as he walked between Tonywa and Shwehle villages in Salingyi Township where the controversial copper mine is located. Htay Yi, an activist who was with Thaw Zin at the time of his arrest, said she was assaulted in the incident.

Police rejected her allegation on the grounds that it did not qualify as an assault by law, "as it was not premeditated".

Less than a week later, four Latpadaung villagers were charged by police for holding a demonstration to demand the release of Thaw Zin.

The controversial copper mine project is a joint venture between Chinese company Wanbao and the Burmese military-backed Union of Myanmar Economic Holdings.

Judges guilty of graft, say protestors

Posted: 25 Mar 2014 03:33 AM PDT

Activists rallied in front of Rangoon's regional justice court on Sunday, calling for an investigation into corruption in Burma's legal system.

The group, led by Htin Kyaw from the Movement for Democracy Current Force (MDCF), want judges to be held accountable for corruption.

"The regional courts are deteriorating. The justice system neglects this fact. So we are calling for an immediate investigation into corrupt judges," said Htin Kyaw.

"The judiciary should release a statement admitting they have failed to meet the promises they made to the public," he said.

In Burma judges are well known for accepting bribes and following instructions from government. The country does not have an independent Bar council and lawyers continue to face challenges, particularly in politically sensitive cases.

Former political prisoner Pyone Cho, told DVB last month that lawyers face intimidation and harassment.

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"Especially when a case involves politicians, they set limitations for the lawyers so the defense can not do as much. They actually intimidate the lawyer by trying to lay charges on them," he said.

Lawyer Ko Ni said the judiciary is not independent, which has made it easy for corruption to pervade.

"People are corrupt, not just because of their personal ethics but because of the system. In our system we fill it with employees whose mind is set to this system, and we don't have any independent employees," he said.

Last month an anti-corruption commission was formed, though some still question the impartiality of its 15 government-appointed members.

Corruption is certainly entrenched in Burma's judicial system, but protests like this one show that many people are fed up with graft and are demanding change.

 

 

 

 

Interfaith marriage law violates Constitution: HRW

Posted: 25 Mar 2014 02:26 AM PDT

Human Rights Watch (HRW) has called on Burma's President Thein Sein and House Speaker Shwe Mann to reject the Emergency Provisions on Marriage Act for Burmese Buddhist Women. In a statement on Tuesday, HRW called the proposed legislation "a major reversal for religious freedom and women's rights in Burma."

The draft interfaith marriage law, currently being discussed in parliament, restricts Buddhist women from marrying outside of their religion, requiring that non-Buddhist men convert to Buddhism before marriage. The couple must also obtain written consent from the bride’s parents. Violations could result in a 10-year prison sentence and confiscation of property.

Under the new law, Buddhist men can continue to marry freely without parental consent or conversion of their partner’s faith.

HRW believes that the law, which enshrines "blatant discrimination" and "seriously jeopardise[s] women's autonomous decision making", could be both unconstitutional and a breach of Burma's international commitments.

According to Tuesday's statement, the interfaith marriage law would contradict Article 348 of Burma’s Constitution: "The Union shall not discriminate any citizen of the Republic of the Union of Myanmar, based on race, birth, religion, official position, status, culture, sex and wealth."

HRW said that passing the law would "violate Article 16 of the Convention on the Elimination of All Forms of Discrimination against Women, to which Burma is a party, which specifies that governments should ensure that women and men have 'the same right to enter into marriage.'”

The interfaith marriage law comes as a part of a package of race protection legislation drafted by the Organisation for Protection of National Race and Religion (OPNRR), headed by Tilawka Biwuntha, a member of the government-appointed National Head Monks Committee.

Included in the package is a law regarding conversions to Buddhism. How this would impact on those willing to convert to Buddhism to marry is unknown as the draft is yet to be assessed by the religious affairs ministry and publicly available.

Speaking to DVB on Tuesday, HRW's deputy Asia director Phil Robertson expressed a concern that a conversion, particularly that of a Muslim man to Buddhism, would be socially accepted.

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“The question of whether a person’s conversion to another religion would actually be believed goes to the very worrisome issues of basic trust between ethnic and religious communities that will be broached if this draft legislation becomes law," Robertson said.

The interfaith marriage bill is backed by a petition circulated by OPNRR that reportedly gained over one million signatures.

Such levels of public support and the willingness on the part of Buddhist nationalist leaders to call mass protests — as seen across Arakan State at the weekend — may force the hand of MPs in passing the bill.

However Robertson told DVB that it would be folly for the government to kowtow to those rallied by hate speech in Arakan State.

“Hate speech against Muslims in Arakan State is something that needs to be controlled by the government, not tolerated." Robertson said.

"The virus of Buddhist religious extremism in Arakan State should not be allowed to spread just because the government is concerned about how the Rakhine [Arakanese Buddhists] may react to failure to pass a dangerous and discriminatory law.

"By politicising and discriminating on issues as personal as religious beliefs and right to marry, the government creates a dangerous precedent of taking punitive actions against persons simply because of who they are,” Robertson concluded.

Chins say nickel mine too opaque

Posted: 25 Mar 2014 02:23 AM PDT

Chin civic groups and politicians have demanded full public disclosure of the scope and impact of the Mwe Taung nickel mine, fearing that the environmental and social impacts may be far more severe than current data predicts.

Research by civil society groups found that goelogical studies show the site, located on the border between Tedim, Chin State, and Kale of Sagaing Division, could yield up to 17,000 tonnes of pure nickel annually.

Chin civil society groups issued a letter to parliament, claiming that the findings of experts, local observers and Chin political figures are cause for serious concern and should be addressed in a parliamentary session. Concerned parties demanded that the government provide more information about the mine operators, impacts and compensation schemes, as many villagers claim to have been displaced.

Chin Mountain Resources Watch Group facilitated a meeting between civilians and MPs in Naypyidaw on 23 March, allowing those affected to express grievances and devise an appropriate course of action.

Steven Thar Beik, an upper house MP from Chin State, vowed to raise the issue on the national level.

Villagers say they hope some degree of transparency will eventually result from their campaigning; last year four Chin political parties also publicly criticised the project for lacking transparency and providing insufficient land compensation and benefit distribution.

Villagers have to date received little assurance from either the government or corporate partners.

Reports by civil society groups say that the project is a collaboration between two Chinese firms, Zijin Mining Group and Wanbao, though neither firm was available for comment and little information about the project exists beyond statements issues by locals, demanding more transparency.

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50 homes destroyed in Mae La refugee camp fire

Posted: 25 Mar 2014 12:39 AM PDT

Video by REUTERS

Nineteen huts were razed to the ground and 31 demolished to prevent a fire from spreading at a refugee camp on the Thai-Burmese border on Monday night, a camp official has confirmed to DVB.

According to Saw Tha Khe of the Mae La camp committee, no casualties have been reported.

"The fire broke out in Zone B at 9pm due to a candle," he said.

Fire engines arrived 30 minutes later and the fire was under control around 10 pm, he said.

Nearly 300 people are now homeless and are taking shelter with relatives and friends in the camp, which is mainly made up of ethnic Karen refugees.

With thousands of wooden and bamboo huts situated in close proximity, Mae La is no stranger to fires. Blazes have caused fatalities and damage in April 2012 and December 2013.

Mae La refugee camp is the largest of the nine official refugee camps along the Thai-Burmese border with nearly 40,000 residents.

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Burma’s military encourages civilian abuses: Harvard report

Posted: 24 Mar 2014 08:36 PM PDT

Burma's seemingly unending cycle of internal conflict is perhaps closer to a resolution than at any other point in recent memory. But although progress towards a nationwide ceasefire has occurred over the past year, life on Burma's frontiers is still marred by violence, uncertainty and military impunity, claims a policy memorandum released on Monday in Rangoon by the International Human Rights Clinic, a project of Harvard Law School.

The Clinic claims underlying military policies and practices that have prompted abuses over the years have not changed despite three years of political and economic reforms. Urging Burma's military to end "indiscriminate attacks and wilful killings of civilians,"the report is based, in part, on the Clinic's documentation of abuses that occurred during counterinsurgency campaigns in Karen State between 2005 and 2008.

"[The memorandum] describes a pattern of attacks on civilians that stretches back for decades, and continues today in places like Kachin State, northern Shan State and elsewhere," Matthew Bugher, the paper's lead author, said. "We believe these policies and practices remain in place, and that they pose a great threat to civilians throughout the country."

The ceasefires signed between the government and various non-state armed groups over the past 25 years have been criticised for their incompleteness. Absent a comprehensive and durable political solution – such as the adoption of federalism desired by many ethnic people – ceasefires can act as a prelude to further fighting, giving both sides an opportunity to replenish stocks and reinforce their positions. Although the former generals who run Burma have traded in their fatigues for civilian garb, the military itself has had few incentives to reform its behaviours.

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Burma's counterinsurgency doctrine has explicitly targeted civilians for decades. The "four cuts" policy, which dates back to the 1960s, authorises the army to attack civilians in the hopes of denying insurgents "food, funds, recruits and intelligence." Starting in 1997, the military has allegedly limited the quantity of supplies given to front-line troops, forcing them to prey upon civilians to meet their basic needs.

The report claims that the current incentive structure within the military rewards commanders and troops who attack civilians, concluding that "the failure of the Myanmar [Burma] military to hold its soldiers accountable for attacking civilians is due, in part, to a system that rewards unlawful behaviour."

It highlights a litany of abuses faced by civilians across Burma's conflict zones, including "shoot-on-sight" orders, extrajudicial killings, indiscriminate shelling and the offensive use of landmines by government forces. Burma is not party to the 1998 Ottawa Treaty, which compels signatory states to cease the "manufacture, use, transfer or stockpiling" of anti-personnel mines.

Despite the tentative successes of the peace process, the current period of reforms started out on a decidedly violent note in Karen State, with major fighting occurring around the time of the 2010 elections. The army unilaterally broke a long-standing ceasefire in Kachin State in 2011, and nearly three years of fighting has left more than 100,000 civilians displaced and vulnerable across Kachin and northern Shan states.

Although the humanitarian situation in Kachin and northern Shan states has degraded considerably since 2011, Karen State has been unusually peaceful since 2012, when the Karen National Union (KNU) entered into a ceasefire agreement with Naypyidaw. For the majority of people living in Karen State's conflict zones, security has improved greatly. "There's no mistaking that the situation in many parts of the country has improved dramatically in the past two years," Bugher acknowledged. "The peace process, although still fragile, has resulted in a significant improvement for security of civilian populations in many parts of the country."

Although the KNU's slow-burn struggle for autonomy has hit a lull, Bugher claims sporadic army attacks against civilians have been reported since 2012, indicating that despite signs of progress, a culture of impunity still holds sway.

"Recognising this progress does not detract from the fact that there are still very serious concerns relating to attacks on civilians," he said.

"These ongoing reports of attacks suggest that improvements to civilian security are a result of a reduction in armed conflict, rather than fundamental institutional reforms," Bugher said.

 "The failure of the Myanmar [Burma] military to hold its soldiers accountable for attacking civilians is due, in part, to a system that rewards unlawful behaviour" — International Human Rights Clinic

In a series of recommendations to the government, commanders and enlisted soldiers, the Clinic urges the military to reverse its entire incentive structure. "Over time, the military's central command would be increasingly populated by those officers with clean records, thereby promoting positive values such as respect for civilians and increasing professionalism," the memorandum said.

The Clinic claims that attempts to discuss its findings directly with the military have thus far not been successful, and that the clinic has "not had engagement at that level that we want" with the government. But recent statements by Min Aung Hlaing, the commander-in-chief of the armed forces, indicate that, at least at the highest levels, the military is increasingly buying into the notion that keeping civilians happy is good for the security of the state.

In December, The Mirror, a state-run newspaper, published a series of articles profiling Min Aung Hlaing, in which he made repeated references to "human security," a loosely-defined concept in international relations and military affairs which puts civilian needs at the centre of the security stratagem.

At a press conference in Naypyidaw in early March coinciding with the11th ASEAN Chiefs of Defence Forces Informal Meeting, he reiterated the need for a broader approach to security, noting "non-traditional threats such as food security, health security, economic, social and political security, environmental security and personal security," in a statement issued by the President's Office.

Although the military's apparent new focus on civilian well-being is undoubtedly motivated by self-interest, this "securitisation" of human needs signifies a momentous rhetorical shift for the Tatmadaw, which has long been obsessed with security and stability regardless of human cost. But there is scant evidence to suggest that much has changed in practice.

In October, the army launched a new round of attacks on civilians in northern Burma, which have continued sporadically to date. Despite advances to the peace process elsewhere in the country, nationwide peace remains a distant dream.

"In Kachin areas, forced evacuations are more than Karen [State], and also the damage to the villages … is higher than Karen, within a short period," said Khon Ja, coordinator of the Kachin Peace Network, an umbrella organisation for Kachin civil society groups. "The number of rape cases within a very short period is very high, and civilian casualties are very high."

 
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