Wednesday, July 2, 2014

The Irrawaddy Magazine

The Irrawaddy Magazine


$17 Million Worth of Smuggled Goods Seized in Burma

Posted: 02 Jul 2014 05:43 AM PDT

smuggling

Trucks filled with goods cross the Friendship Bridge from Mae Sot in Thailand to Myawaddy in Burma. (Photo: Moe Kyaw / The Irrawaddy)

RANGOON — The Burmese government says it has seized more than 17 billion kyats (US$17 million) worth of smuggled imported and exported products over the past 20 months.

The seizures were made by more than 600 officials from the national police and the Ministry of Commerce who formed mobile teams in 2012 to inspect cross-border trade.

"Mostly we have seized products smuggled between China and Burma," Nyunt Aung, a leader of the mobile teams, told The Irrawaddy on Wednesday.

The most common illegal imports were frozen foods, home appliances and electronics, he said, while tobacco, alcohol, drugs and chemical products were less commonly smuggled into the country. From Burma, officials seized illegally exported jade, gems, forestry products and live animals, he added.

The mobile teams have set up checkpoints in Shan State border towns including Muse, Kengtung and Tachileik. There is also a checkpoint in the town of Tamu, along the Indian border, and at seven jetties in Rangoon.

Despite frequent illegal trade between Thailand and Burma, especially via Myawaddy in Karen State, no checkpoints have been established in Karen State and Mon State.

"We don't have checkpoints along the Thai- Burma border because there is not adequate security for us," Nyunt Aung said, adding that a checkpoint was established in Bago Division instead. "All trucks need to pass this checkpoint from the border station."

Of the 17 billion kyats in products seized over the past 20 months, 14 billion kyats of products were seized by mobile teams, while the remaining were seized by state and divisional government officials.

The mobile teams plan to expand their operations to the Rangoon airport, the Mandalay airport and a jetty in Mandalay. They will also set up checkpoints in Tenasserim and Irrawaddy divisions. A budget has been allocated to buy X-ray machines to aid inspections.

Since the 2011-12 fiscal year, about 3.9 billion kyats worth of jade and other gems have been confiscated, along with more than 1 billion kyats worth of smuggled timber and 971 million kyats worth of mobile handsets, according to statistics from the mobile teams.

The seized products are inspected and passed on to relevant government ministries, which auction many of the goods off to the public. In other cases, goods are disposed of completely.

"Some frozen imported foods need to be destroy at once before they are handed to consumers, and also some unsuitable snacks imported from China need to be destroyed before they reach Burmese children," Nyunt Aung said.

Last year, mobile teams began raiding retail warehouses in Rangoon and Mandalay to investigate the legal status of imported alcohol, tobacco and preserved frozen foods.

Burma's import and export law includes punishments of up to three years in prison for illegal importers and exporters.

The Ministry of Commerce allows cross-border traders to legally import 10 million kyats worth of goods weekly if they pay a tax. Legal trade is increasing with China and Thailand, according to the Ministry of Commerce, which reported US$18.4 billion worth of traded goods in the 2012-13 fiscal year compared with $24.9 billion in the 2013-14 year.

"As long as we do strict inspections at our checkpoints, total legal border trade volume will continue to increase," Nyunt Aung said.

The post $17 Million Worth of Smuggled Goods Seized in Burma appeared first on The Irrawaddy Magazine.

Top KNLA General’s Toyota Land Cruiser Seized

Posted: 02 Jul 2014 05:18 AM PDT

KNLA Land Cruiser

A picture of Saw Johnny's Toyota Land Cruiser. (Photo: Facebook / Mahn Myo Myint)

RANGOON — A car owned by the commander-in-chief of the Karen National Liberation Army (KNLA) was seized by the Burmese government in Rangoon less than three weeks after a meeting between a delegation he led and President Thein Sein in Naypyidaw, according to Karen sources.

The sources said Gen. Saw Johnny's car was seized on June 23 on Kabaraye Pagoda Road in Rangoon. His son was behind the wheel at the time, on an errand for his father.

The car, a Toyota Land Cruiser, had no import license and was valued at about 70 million kyats (US$71,000), according to Saw Moe Myint, a Karen community leader in Rangoon.

"He [Saw Johnny] has already provided an explanation," said Saw Moe Myint, a Karen community leader with close ties to the KNLA's political wing, the Karen National Union (KNU). "He will not take it back as the car had no permit. His son was driving the car when it was seized,"

A KNU liaison officer in Myawaddy confirmed that the commander-in-chief's car was seized according to Mahn Myo Myint, a border-based Karen who is close to the KNU.

In a post on his Facebook account, Mahn Myo Myint said Saw Rose, a KNLA colonel who also serves as a liaison officer, told him that the KNU delegation had used the car to travel around Naypyidaw when they met Thein Sein and Burma Army commander-in-chief Snr-Gen Min Aung Hlaing early in June.

"The government offered car permits to the KNU already. Where are those car permits being used? They have the right to seize it, for driving the car without permits," said Saw Moe Myint.

Ethnic armed groups in Burma have received hundreds of car import permits over the last year from the government, as Naypyidaw has endeavored to achieve a long-sought "nationwide ceasefire agreement." Luxury car permits can be sold for as much at $100,000.

The KNU signed a ceasefire agreement with the Burmese government in 2012. The Karen News Group reported on Wednesday that a fresh clash broke out between KNLA and government troops on Saturday, killing one government soldier and wounding another.

One soldier from the KNLA was killed on June 14 when government troops attacked a KNLA outpost in Tenasserim Division. It was the most significant armed confrontation between the two sides since the ceasefire was signed.

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Thai Court Awards Abused Karen Girl $140K in Compensation

Posted: 02 Jul 2014 05:13 AM PDT

human rights abuse Thailand

Thai reporters photograph a 12-year-old Karen girl who suffered extreme abuse at the hands of a Thai couple last year. The Thai prosecutor has thus far failed to open a criminal case against the perpetrators. (Photo: Pattaya Daily News)

A Karen girl who suffered horrific abuse while working as a maid for a Thai couple in Kampaeng Phet town, Thailand, has been awarded about US$143,000 in compensation by a local court, a Thai human rights worker said.

The Thai prosecutor, however, has not yet opened a criminal case against the perpetrators, who have fled.

Preeda Tongchumnum, the assistant to the secretary general of the Human Rights and Development Foundation (HRDF), said Kampaeng Phet Provincial Court ordered the accused Nathee Taengorn and Rattanakorn Piyavoratharm to pay the compensation sum (4,603,233 Thai baht) on Monday as the victim's lawyers had demanded.

"The couple is still at large, but lawyers will investigate all of the employers' properties to compensate her," said Preeda. It remains unclear whether the couple, which ran a dog-selling business, has enough assets to generate the compensation the court awarded.

Preeda said the couple remains on the run and Thai police had made no progress in tracking them down, adding, "We need the police officers to work harder to find this couple."

HRDF helped the 12-year-old, ethnic Karen girl file a civil case complaint after she managed to escape from her abusive employers on Jan. 31 last year.

The young girl suffered extensive damage done to her skin through repeated scalding allegedly inflicted by the couple, whom she accused of abducting her five years ago and forcing her to work as a house maid.

Poilice investigated Nathee Taengorn and Rattanakorn Piyavoratharm for child abuse, child labor and illegal detention. Despite the seriousness of the charges, the Thai court released Nathee Taengorn and Rattanakorn Piyavoratharm on bail last year and the couple has since fled.

Although more than a year has passed since the girl fled, the Thai prosecutor has failed to open a criminal case against the couple.

"In the criminal case, police officers already have proved their findings to the prosecutor. Now the investigation file is in the hands of the public prosecutor. As of now, they [the couple] are not present and not arrested, and there is no criminal lawsuit against them," Preeda said.

It remains unclear why the Thai prosecutor has not yet opened a criminal case to prosecute those responsible for the horrific abuse of the child, but her status as an unregistered migrant from Burma could have affected the case as Thai authorities are sometimes loath to act in defense of migrants.

Millions of poor migrants from Cambodia and Burma have entered Thailand in search of a better life and many cross into the country illegally, leaving them vulnerable to labor abuse by Thai employers and with little legal recourse in case of abuses.

The Karen girl continues to receive healthcare treatment for her wounds, some of which have caused lifelong health problems, at Mahidol University's Ramathibodi hospital in Bangkok.

Her left arm was damaged because of continuous abuse and she was unable to bend it towards the body or to stretch it. She has received corrective surgery for her arm, while also undergoing psychological treatment by a pediatrician and psychologist for the mental trauma she suffered.

"She is still being taken care of at a [government] shelter in Kampaeng Phet, but she goes to Bangkok hospital whenever the doctor calls her for treatment," said Preeda, adding that the victims' parents continue to work in the town.

"She cannot make a 100 percent recovery, but the doctor will help her to move her body like any other person," said Preeda, adding that the considerable compensation sum was awarded because the young girl must endure life-long health conditions.

"Compensation is not just about the damage happened before, it is also for future cost, such as medical treatment and things that she has lost, like her beauty…. She can have a baby but her ability to breast feed maybe not possible as she lost such organs due to abuse," Preeda said.

"I think it is very good precedent for those who want to bring lawsuit against perpetrator," she said about the case.

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Travel Restrictions Tighten for Burmese Refugees in Thailand

Posted: 02 Jul 2014 04:57 AM PDT

Thailand refugees

Two boys play with a cane ball at the Mae La Oon refugee camp in Mae Hong Son Province, Thailand. (Photo: Saw Yan Naing / The Irrawaddy)

RANGOON — The Thai junta, which has been ruling the country under martial law since May 22, has reportedly stepped up restrictions on the movement of more than 120,000 Burmese refugees living in camps along the Thai-Burma border.

Speaking with The Irrawaddy on Tuesday, Saw Honest, chairman of the Mae La refugee camp, said those restrictions included a general ban on travel outside the camps and a curfew.

"Refugees are banned from leaving the camp to seek jobs. Refugees are banned from leaving their homes from 6 pm to 6 am," he said. "Only those who have special conditions such as medical treatment or other emergency cases can travel, but need to seek official permission.

"Respective Thai security units at every camp informed us about the regulations. We are not allowed to go outside the camp, refugees have been warned not to engage in logging and drug dealing," added Saw Honest, who oversees the administration of Mae La, the largest Thai border camp, where some 40,000 Burmese refugees reside.

"Those who violate the rules will be punished. And for those who repeatedly violate the rules, their names will be deleted from refugee camp [registries], and they will no longer be allowed to live in the camp, and they may even be deported back to Burma," he added.

Saw Honest said refugees with special circumstances requiring travel outside the camps, such as for education or health reasons, were required to seek official permission from the respective Thai security units at the camps before traveling beyond their confines.

"We have a problem with the restrictions," Saw Honest said. "But we can't do anything now as it is the order of the Thai army. We may sort it out to ease the restrictions later because it is not a good time to do it now."

He said the restrictions had been communicated to refugees after a meeting between local Thai authorities and community-based organizations in Mae La and other camps on Tuesday.

"We held a meeting and informed the refugees about the rules. The plan just started today. But we don't know how long it will last, as they didn't tell us. I think it might last until next election," Saw Honest said. The Thai junta, which has branded itself the National Council for Peace and Order, has said it plans to hold an election in October of next year.

The orders come amid an ongoing reform program enacted by the junta that has included a sweeping crackdown on undocumented migrant workers that has forced more than 200,000 Cambodian laborers to return home. Hundreds of Burmese migrant workers have also been scrutinized, detained and deported back to Burma since early June.

The latest development is likely to affect daily life for tens of thousands of Burmese refugees, some of whom have lived in the camps for 25 years—a span during which Thailand has seen three coups. There are nine refugee camps spread across the Thai-Burma border.

Duncan McArthur, partnership director of The Border Consortium (TBC), a nongovernmental organization that has been providing humanitarian aid to the Burmese refugees for more than 20 years, told The Irrawaddy on Tuesday that Thai authorities were applying restrictions already on the books.

"TBC understands that the Thai district authorities have been ordered to enforce existing regulations more strictly, which will include restricting refugee movements outside of camps. Refugees with special circumstances will still be able to apply for permission to travel.

"District authorities in Tak province have called a series of meetings with UNHCR [UN High Commissioner for Refugees] and NGOs this week to clarify the situation," McArthur said. "However, we understand that there will be no change in policy relating to the provision of humanitarian assistance to refugees."

He said the TBC was not aware of any plans for Thai authorities to conduct identity checks at the camps. "Refugee status determination procedures have essentially been suspended since 2005, and we are not expecting official screening processes for unregistered refugees to resume any time soon," according to McArthur.

But Ye Min, a Burmese refugee at the Nu Po border camp, claimed that screening, official or otherwise, would be taking place.

"They [Thai army] want to know how many people are real refugees and how many people illegally came to stay in the camp and lack proper documents," he said.

Ye Min added that there were fears among the refugee population that those without proper documents, such as UN registration cards recognized by the Thai government, would be deported. Rumors were circulating that even UN cardholders would be subject to deportation or would have their status as a recognized refugee revoked if found traveling or residing outside the camps, Ye Min claimed.

Meanwhile, the UNHCR held a meeting on June 27 with Karen community-based organizations including the Karen Refugees Committee, Karen Women's Organization, Karen Youth Organizations, and Karen Office for Relief and Development (KORD), seeking opinions from refugees about the ongoing peace process between the Burmese government and ethnic armed groups.

Asked about claims of impending refugee screenings, UNHCR spokeswoman Vivian Tan told The Irrawaddy on Tuesday that the UN refugee agency had not been informed of any such plan.

Led by Thailand's Internal Security Operations Command (ISOC) and attended by representatives from four provinces including Tak, as well as NGOs, the UNHCR and other Thai authorities, a three-day meeting was held from June 17-19 in Mae Sot, Thailand, to discuss repatriation plans for refugees on the Thai-Burma border.

Over the last three years, the Burmese government and most ethnic armed groups have signed bilateral ceasefire agreements. Now, amid ongoing negotiations for a nationwide ceasefire accord, discussions among Thai authorities and aid groups on the border have turned to the eventual return of Burmese refugees to their homeland.

Thai authorities' previously stated policy on the refugees is that they would be allowed to return to Burma on a purely voluntary basis.

McArthur said TBC was not aware of any change regarding that stance.

"TBC's independent assessment remains that the conditions are not yet conducive for a voluntary return of refugees nor their sustainable reintegration in safety and with dignity," he added.

The post Travel Restrictions Tighten for Burmese Refugees in Thailand appeared first on The Irrawaddy Magazine.

5 Injured in Mandalay Unrest, Damage Limited: Police

Posted: 02 Jul 2014 03:54 AM PDT

Riot police charge on 26th (B) Road of Mandalay on Tuesday evening. (Photo: Teza Hlaing / The Irrawaddy)

Riot police charge on 26th (B) Road of Mandalay on Tuesday evening. (Photo: Teza Hlaing / The Irrawaddy)

MANDALAY — Five people were injured during clashes between Buddhists and Muslims that broke out in Mandalay on Tuesday night, a senior police official says.

Lt-Col Zaw Min Oo of the Mandalay Police Force said three Buddhists, one Muslim and one police officer were hurt during rioting in Burma's second-biggest city.

"They are hospitalized and not in serious condition, and an investigation is under way to punish anyone involved," he told reporters on Wednesday.

"We used rubber bullets to fire three warning shots to disperse the crowd last night," he added.

More than 1,000 police had been deployed to stop the riots.

Despite attacks on Muslim-owned properties in the city, the rioting caused relatively less destruction compared with previous religious violence elsewhere in Burma. According to police officers, 11 cars were damaged while some homes and shops were pelted with stones. No religious buildings were destroyed.

On Wednesday afternoon, the normally busy downtown area was quiet, with shops closed and barricades set up. Heavy security forces were deployed along 26th Street, near the scene of the rioting.

Businesses were open in other parts of the city.

"We want a normal life and we don't want any trouble," a Mandalay resident told The Irrawaddy.

"If something bad happens, all people here in Mandalay will surely suffer. Plus, it could hurt the image of our city."

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Anti-Myitsone Lawyers to Travel to China

Posted: 02 Jul 2014 03:47 AM PDT

Chinese investment

Lawyers from the Myanmar Lawyers Network stage a demonstration in downtown Rangoon in 2012 to protest the sale of colonial courthouse buildings to hotel consortiums. The lawyers have also opposed the Chinese-backed Myitsone dam and Letpadaung mine. (Photo: The Irrawaddy)

RANGOON — Burmese lawyers who have campaigned against a Chinese-backed dam project in northern Burma will travel to China next week to inspect Chinese projects there.

The Myanmar Lawyers Network, which has opposed not only the Myitsone dam project, but also the Chinese-backed Letpadaung copper mine, will travel to Beijing next Wednesday, according to the network's joint secretary, Thein Than Oo.

The 10-day trip is part of an exchange between Burmese and Chinese lawyers, organized by the China-based Center for Legal Assistance to Pollution Victims (CLAPV) in collaboration with an American Quaker organization that provides training to Southeast Asian environmentalists.

As part of the exchange, Chinese lawyers from CLAPV visited Burma in May, studying the environmental impacts of four projects, including the Letpadaung mine in Sagaing Division and the Thilawa Special Economic Zone near Rangoon.

"The purpose of their visit was to study the impacts of Chinese investment abroad," Thein Than Oo told The Irrawaddy.

The Burmese delegation to China will include four lawyers from the Myanmar Lawyers Network and three other lawyers who focus on land rights and environmental issues. They will visit the sites of state-backed investment projects in China, most likely including Wanbao project sites.

Wanbao is the Chinese company that is backing the Letpadaung mine in Burma, along with the Burmese government.

"We want to know if their projects [in China] are running in accordance with international laws, and whether they have complied with environmental standards," Thein Than Oo said.

He said the Burmese delegation would also speak with the Chinese lawyers from CLAPV, to share concerns about the Myitsone and Letpadaung projects.

CLAPV has won more than 30 lawsuits against the Chinese government in favor of people who have been negatively affected by big investment projects.

The Myanmar Lawyers Network says it is preparing to file its own lawsuit against Wanbao and the Canadian company Ivanhoe Mines, which sold its shares in the Letpadaung project to Wanbao in 2010.

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What Australian FM Bishop Must Do in Burma

Posted: 02 Jul 2014 02:38 AM PDT

When Julie Bishop arrives in Burma this week for her first visit as Australia's foreign minister, she may be hoping to find a model for peaceful democratic transition from decades of military rule. Instead, she'll find a shaky, uneven reform process led by a quasi-civilian government that's already showing deep stress fractures.

The top-down reform process led by the former army general turned President, U Thein Sein, was initially welcomed for its surprising vigor: the release of political prisoners including Aung San Suu Kyi, a major overhaul of the legal system, a rigorous parliamentary structure (albeit one held hostage by a military quota) and the signing of more than 15 ceasefire agreements with ethnic rebels after six decades of civil war. The announcements were swiftly followed by an increase in international aid and investment, the lifting of sanctions, and high-profile visits by almost every key world leader.

Yet initial optimism is quickly fading as the Burmese government back pedals on its early promises. Burma's media is being intimidated, the country's military is muscling in on delicate peace negotiations, widespread land grabs are fueling rural discontent, legal curbs have been placed on peaceful assembly and association, and there is continued fighting in the north between the Burmese army and ethnic rebels, despite a ceasefire.

The government and military are being increasingly obtuse on amending clauses in the constitution that prohibit Suu Kyi's eligibility to be president and, crucially, have ignored demands from certain ethnic groups for greater autonomy. Everything points to a showdown between the government and Suu Kyi's party, the National League for Democracy, a confrontation that can severely destabilize Burma ahead of next year’s national elections.

More disturbingly, both Buddhist ultra-nationalism and anti-Islamic hate speech are on the rise, emboldened by prominent monks who urge the government to restrict inter-faith marriage, religious conversions, family planning and polygamy, all of which will adversely affect Burma's sizeable Muslim minority.

In western Burma, the persecution of the Rohingya Muslim minority has intensified following communal clashes in 2012 that killed hundreds and forced 180,000 people from their homes. They now live in wretched conditions, crammed into camps where the Burmese authorities are able to regulate foreign aid sent to them. A flawed nationwide census in March, which Australia helped to fund, cynically excluded the Rohingya.

Bishop is flying into a tougher bilateral relationship than one would have forecast a year ago.

Australia's relations with Burma have generally balanced practical engagement for democratic change with consistent criticism

David Scott Mathieson. (Photo: HRW)

David Scott Mathieson. (Photo: HRW)

of the appalling human rights abuses committed during military rule. Australia has been a generous aid donor, providing assistance to refugees on the Thai-Burma border, resettling thousands of long-term refugees in Australia, and helping fund the country's health and education sectors, so degraded after decades of inept military governance.

But as a generous donor and investor, Bishop should tell Thein Sein his bid to reform Burma will be derailed unless he addresses several key rights issues.

Her first message needs to be that ongoing mistreatment of the stateless Rohingya is unacceptable. Of course, Australia's own appalling record on asylum seekers will render these concerns hypocritical, so Bishop should remind Burma that its repression of the Rohingya is fuelling a growing exodus that's affecting the whole region: 86,000 Rohingya have fled to Thailand, Malaysia, Indonesia and Australia since 2012.

The Australian government has been far too timid on the Rohingya issue to date: when Immigration Minister Scott Morrison went to the country in February he visited camps, but failed to make any public statements calling on Burma to address the abuses from which the Rohingya are fleeing.

Bishop has said women's empowerment will be a key priority of her visit. As such, she should raise concerns over proposed religious laws, especially a draft marriage bill that will restrict interfaith marriage. Under the proposed law, non-Buddhists who fail to convert to Buddhism before marrying a Buddhist, or don't seek written consent from the parents of the bride, face a 10-year prison term. Bishop should make it clear that such laws are not only discriminatory, but will further inflame inter-communal hatred.

Australia's aid package also includes assistance to Burma's lucrative yet opaque and corrupt mining sector, which has bred a litany of concerns over land grabs and environmental damage. As a recent report from Global Witness has highlighted, there is too little transparency in Burma's extractive industry and Australia's assistance should be designed to compel this sector to become genuinely rights respecting and open, and ultimately benefit more than just a handful of foreign investors and those with military connections.

Bishop should make it clear that, while Canberra will continue to support genuine reform, if Burma allows hatred, violence and exclusion to flourish unchecked, the very reform process Australia is investing in will be derailed.

David Scott Mathieson is a senior researcher in the Asia Division of Human Rights Watch. This article first appeared in The Sydney Morning Herald on July 1, 2014.

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Security Tight in Mandalay after Outbreak of Communal Violence

Posted: 01 Jul 2014 10:40 PM PDT

communal violence in Burma

A crowd gathers at the corner of 27th and 82nd roads in Mandalay during a clash between Buddhist and Muslim communities on Tuesday evening. (Photo: Teza Hlaing / The Irrawaddy)

MANDALAY — More than a thousand police have been deployed in central Mandalay after clashes between Buddhists and Muslims left more than three people, including one policeman, injured late Tuesday night.

Police officials declined to comment on the situation, but hundreds of barricades could be seen along 26th Street, from the southwest corner of the moat surrounding Mandalay Palace west to Zegyo market, where the clashes took place.

Galoneni Sayadaw and other leading Buddhist monks from Burma's second largest city attempted to calm down the angry mobs, but without much success.

"We tried our best, but they would not listen. Some of them were drunk and hard to control. Whatever happens to them depends only on their own behavior. We just don't want to see Mandalay burn because of racial and religious hatred," Galoneni Sayadaw told reporters at the scene.

As the riot spread late into the night, angry men carrying canes and bricks were seen wandering along 26th Street, between 86th and 81st Streets, where the majority of the city's Muslims live.

Rioters from both sides used slingshots, stones and pieces of broken brick and concrete to attack each other. When the police came to control the situation, they were accused of siding with the Muslims and pelted with a shower of stones.

Angry Muslim men also threw bricks at police, resulting in minor injuries to two officers. The windshields of some nearby vehicles were also smashed.

Some people, including a couple of monks, prevented journalists from taking pictures, in

some cases forcibly removing memory cards from their cameras. They accused the journalists of bias because they were only taking photos of Buddhist rioters.

The mobs were finally dispersed at around 3 am on Wednesday after more police were deployed along the road.

Stones and broken bricks still covered 26th Street after dawn on Wednesday morning, and a number of signboards had been destroyed. Some old tires that rioters had set on fire were also still smoldering.

Witnesses said the clash began at around 10 pm on Tuesday after a group of Muslim men reportedly slashed three Burmese people on 83rd Street, between 25th and 26th streets.

"We were driving along 83rd Street when about 10 Kalar men carrying swords suddenly ran toward us and started slashing people on the road. My friend's son, on another motorbike, hurt his shoulder and we had to run for our lives," said a Buddhist woman, using a derogatory term for Muslims living in Burma .

The woman, who asked not be named, said the boy and two other injured men were sent to hospital when the police arrived and an angry mob suddenly appeared.

"People told us later that the men with the swords were Muslims, but I don’t know what happened. By the time we had escaped, the angry mob, carrying bamboo canes, sticks and stones, had already gathered and started throwing stones at the police," the woman added.

Riot Fueled by Facebook Rumors?

Although the cause of the initial attack is unknown, it is believed to be linked to reports that have spread widely on Facebook in recent days that a Buddhist maid had been raped by her Muslim employers.

Since the rumors first started to spread on June 28, there have been calls to destroy a teashop owned by the brother of the woman's employers.

By June 30, fears of an outbreak of violence prompted police to guard the predominantly Muslim neighborhood where the teashop is located. This in turn attracted large crowds of Muslim men, who were later persuaded by the police and Muslim elders to return to their homes.

According to the initial report, the maid was raped while traveling to Naypyidaw with her employers. The incident was reported at a police station in Pyinmana, near where it allegedly occurred.

The owner of the teashop told reporters that his two brothers had been charged with rape and that police in Yamethin Township were searching for them. However, the two accused men fled before they could be arrested, saying they did not believe the case would be handled fairly.

At this point, U Wirathu, a firebrand Buddhist monk who has been accused of stoking anti-Muslim sentiment in Burma through his Buddhist nationalist 969 movement, called the owner of the teashop and told him his brothers should be prepared to face justice.

"He said that if they were really men, they would be willing to face the truth. Later, he called the wife of one of my brothers and told her he would tear down the earth to find them," the teashop owner said.

U Wirathu later denied making such statements. Speaking to The Irrawaddy on Tuesday evening, he said he only advised the teashop owner on how to resolve the tensions peacefully.

"I called him, but didn't say anything threatening. I just said that things would only get worse if they [the brothers] didn't come forward and explain what happened," said U Wirathu.

He added that he first learned of the rape incident online.

"I read about it on the Thit Htoo Lwin blog and didn't trust it at first. But later we found out that the girl was being kept in protective custody at Yamethin police station and yes, the case was registered under the rape act," he said.

However, the wife of one of the accused said they do not have maid and that her husband was not traveling to Naypyidaw on the day the rape was reported to have occurred.

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Private Sector Development of Domestic Airports Postponed

Posted: 01 Jul 2014 11:07 PM PDT

aviation industry Myanmar, airports Myanmar

The local airport in the Arakan State capital Sittwe. (Photo: Jpaing / The Irrawaddy)

RANGOON — The Department of Civil Aviation (DCA) said on Tuesday that it is indefinitely delaying its plans to invite foreign and local companies to upgrade 30 out Burma's 69 domestic airports.

"We're also busy with the three other international airport development projects, so I think domestic airport projects will be tendered after we finish all these [international airports]," the new DCA Director General Win Swe Tun told The Irrawaddy. He declined to specify when the domestic airport projects could be offered up for a tender.

The DCA has been working with private investors to develop Rangoon's new Hanthawaddy international airport and to upgrade the international airports of Mandalay and Naypyidaw. It could take several years before these projects are completed.

Win Swe Tun said a future tender is likely to invite investors to develop a smaller number of domestic airports than originally planned, adding, "It will be less than 30 airports because we checked the registry of interest last year."

In November, the DCA called on companies to register their interest and proposals for improving 30 of Burma's 69 domestic airports, in a process that served to inform the government agency of the plans of potential airport developers.

Win Swe Tun declined to reveal how many firms had registered an interest in taking over and developing the 30 domestic airports.

In April, the DCA still seemed confident that it could attract private investors and its then-Director General Tin Naing Tun said a tender for the 30 domestic airports would be issued by October.

The DCA wants to sign public-private partnership agreements in which it expects private investors to come with proposals and a budget to take over airport management and upgrade infrastructure and technology. The agency would continue to be responsible for airport security and air traffic control.

Win Swe Tun said, "Local or foreign companies will have to create market to attract airlines and passengers, and also they should have long term planning to handle income and expenses.

"Our aim is to reduce government budget for running these domestic airports while achieving better services, infrastructure and runways."

Currently, local airports are small, unsafe and lack sophisticated technology, following decades of mismanagement and neglect under the previous military government. According to the DCA, the government currently spends about US $12 million annually on running the 69 domestic airports.

The delay of the planned tender for domestic airports casts doubts over the government's plan to let the private sector foot much of the bill of the upgrade of local airports. Details of a policy or master plan for the development of Burma's crumbling airports have also been scarce.

Economists, such as Burma specialist Sean Turnell, have noted that apart from tourist destinations Bagan, Inle Lake, Mandalay and the Mergui Archipelago, domestic airports in the country will not be commercially attractive and therefore hard to develop through private sector investment.

"Too out of the way, no viable tourist traffic and no reservoir of middle-class travelers or business activity to sustain them," Turnell said of most domestic airport in a recent interview. "The sort of returns these airports could generate would not be sufficient for the relatively high capital outlays creating a modern airport would require."

It's not only domestic airports, however, that have struggled to secure private investment desired by DCA. Its approach to public-private partnership for the Hanthawaddy airport project has also run into problems.

The agency granted South Korea's Incheon the tender to build Hanthawaddy last year, but differences arose over who would finance the project. The government eventually agreed to guarantee development loans for half of the project cost—estimated at approximately US $1.5 billion.

Last year, Japan's Mitsubishi Corporation was awarded the tender to develop Mandalay airport. A subsidiary of Burmese conglomerate Asia World was awarded a $150 million contract to upgrade Rangoon's old Mingalardon airport.

The post Private Sector Development of Domestic Airports Postponed appeared first on The Irrawaddy Magazine.

London Accused of Hypocrisy While Preaching Burma Transparency

Posted: 01 Jul 2014 05:00 PM PDT

British business transparency

Britain's Prime Minister David Cameron greets Burma's President Thein Sein at Downing Street in central London on July 15, 2013. (Photo: Reuters)

The British government has been sharply criticized for hiding behind "commercial confidentiality" rules relating to Burma while calling for business transparency in the Southeast Asian nation.

The London Foreign and Commonwealth Office has refused all requests for information about British companies' activities in Burma, "using commercial interests and commercial confidentiality as an excuse," said the human rights NGO Burma Campaign UK.

"It is hypocritical of the British government to preach the need for transparency in doing business in Burma, even spending hundreds of thousands of pounds on so-called responsible initiatives, and then refuse to reveal information it has on what British companies are doing in the country," the organization's director Mark Farmaner told The Irrawaddy.

"The British government frequently hides behind commercial confidentiality as a reason for not disclosing information," he said.

But the curtain of confidentiality has been lifted slightly following legal action in London by the campaign against the British Ministry of Defence over its dealings with the Burmese military.

The campaign appealed under Britain's Freedom of Information Act after the Ministry of Defence refused to provide details of a course in defense management in which Burmese Army officers took part earlier this year.

However, it has taken months of pushing at the ministry's door to open it a little. Despite British legal rules requiring the ministry to reply to the campaign within one month, it took eight months to respond, Farmaner said.

"The Ministry of Defence cited commercial confidentiality because the course is run jointly with Cranfield University, and argued that releasing the materials could give competitor universities an advantage," Farmaner said.

"Burma Campaign UK argued that as the materials are being given to hundreds of students who can pass on the materials, this risk already exists and the public interest in releasing the information outweighs the commercial interests argument. These points were accepted in the judgment on our appeal," he told The Irrawaddy.

However, despite admitting it was flouting Britain's Freedom of Information law, the ministry has still not fully disclosed the information sought by the NGO.

"We are pleased that the Ministry of Defence has finally agreed that they should not keep details of the training they are giving to the Burmese Army a secret, but it is very frustrating that they still haven't released this information," Farmaner said.

"The Ministry of Defence appears to be deliberately using excuse after excuse to try to obstruct us from obtaining any kind of information about the training they are giving to the Burmese Army."

All the information requested by the NGO under the Britain's own transparency law should have been made public by May 28, Farmaner said. Instead, the NGO is still waiting. The British Foreign Office separately said it needed another month to assess the situation.

"[The Foreign Office] cite the impact on international relations as the reason. This means that they are concerned that releasing the information will upset the government of Burma," he said.

The Ministry of Defence began training programs for Burmese officers in January. Such engagement is opposed by some human rights groups, which argue that the Burmese Army continues to commit abuses against its own people.

"The training is taking place despite the Burmese Army still committing serious human rights abuses which violate international law," Burma Campaign UK has previously stated.

"Crimes committed by the Burmese Army since the reform process began include rape and gang rape of ethnic women, including children, deliberate targeting of civilians, arbitrary execution, arbitrary detention, torture, mutilations, looting, bombing civilian areas, blocking humanitarian assistance, destruction of property, and extortion.

"The British government claims that the training will help improve human rights and governance, but has been unable to explain how the training will achieve these goals."

The training program has also been criticized by Human Rights Watch, which alleged earlier this year that the present-day Burmese Army still has "an abusive modus operandi in its DNA."

Burma Campaign UK has suggested that the ultimate objective of the British government's embrace of the Burmese Army is commercial—with future weapons sales in mind. "Will the British government make a commitment that there will be no arms sales to Burma, even if the European Union arms embargo is lifted, until Burma is fully democratic, there is constitutional reform creating a federal system, genuine peace with ethnic groups, the Army has a clean human rights record, and the military is under full control of a democratic government?" the NGO asked.

The secrecy surrounding the military training of Burmese officers is happening while the British government presses the Naypyidaw government to be more open and transparent in its day-to-day business to show the outside world it has changed for the better, Farmaner said.

In its "UK Activities in Burma" report in April, the British government said it is spending US$600,000 "promoting transparent and equitable economic reform through projects on anti-money laundering, public private partnerships and strengthening the accountancy profession."

In addition, it is paying nearly $1.9 million to "support Burma's application to the Extractives Industries Transparency Initiative [EITI] which will help improve the transparency and accountability of the revenues from Burma's natural resources."

The post London Accused of Hypocrisy While Preaching Burma Transparency appeared first on The Irrawaddy Magazine.

Book Review—Refugee Camp Governance with a Difference

Posted: 01 Jul 2014 05:29 PM PDT

Thailand-Burma border refugee camps

"Governing Refugees: Justice, Order and Legal Pluralism," by Kirsten McConnachie (Routledge, 2014).

According to its publishers, "Governing Refugees: Justice, Order and Legal Pluralism" is a book that "will appeal to anyone with relevant interests in law, anthropology, and criminology, as well as those working in the area of Refugee Studies."

That makes it sound as if it is mostly of academic interest, but in fact, it is much more than that. It should be a must-read for Burma watchers, for all who have been engaged in the 30-year saga of refugees on the Thai-Burmese border, and especially for those involved in refugee policymaking, including state agencies, the UN and donors.

It is presumably targeted at university libraries, but hopefully its ambiguous title, relatively high price and unhelpful back-cover academic jargon will not deter a wider audience. Kirsten McConnachie is a compelling and objective writer, and although there are forays into academia, her book is very readable and offers important insights, including many that challenge conventional wisdom.

"Governing Refugees" is an outstanding study of Karen refugee camps on the Thai-Burmese border and the unique humanitarian assistance model that enabled refugees not only to survive protracted encampment with dignity for 30 years, but also to maintain and strengthen community structures—structures that potentially have crucial roles to play in resolving conflict in Burma and in rehabilitating the war-torn ethnic border states.

McConnachie lived in the refugee camps, clearly winning the trust of the population and gaining deep understanding of their traditions, values and aspirations. She realized she was witnessing something very special that challenged the common perception of refugees as powerless victims and of refugee camps as dangerous places lacking normal social structures.

Noting that "Despite the limited opportunities available in the camp, daily life is structured and industrious" and that "refugee camps in Thailand have remained relatively stable and secure throughout tremendous political and demographic flux," McConnachie set out to study why.

In her perceptive research, she acknowledges that the self-governing refugee assistance and camp management model happened somewhat by accident. The most important factor was the Royal Thai Government's decision not to involve the United Nations High Commissioner for Refugees (UNHCR) in the early years and instead to allow non-governmental organizations—principally The Border Consortium (TBC)—to adopt a pragmatic approach, which "in effect … allowed refugees to get on with the work of camp management largely without oversight."

Formal camp management support came only 20 years later and McConnachie observes, "It is certainly possible that the decades in which camps were permitted to develop their own structures largely without interference were central to the stability that they developed."

For many years, the model went unchallenged, and in fact was proclaimed as exemplary in many quarters for its efficiency. But by the time this research was carried out, UNHCR had been invited to provide a protection role on the border and the program was under increasing scrutiny to ensure that it met international standards.

A key concern was the perceived level of involvement of the Karen National Union (KNU)—the principal Karen non-state armed group resisting Burmese military assimilation of their homelands—in camp affairs. Some portrayed this as "naïve, even negligent, for enabling refugee militarization," helping to "consolidate the power of a KNU elite," and contributing "to prolonging the conflict."

When the refugee story began 30 years ago, there was little international understanding of or sympathy for the ethnic struggle in Burma. Even as awareness grew in the 1990s (as demonstrated by Annual UN Security Council Resolutions calling for tripartite negotiations between the junta, the National League for Democracy led by Aung San Suu Kyi, and the ethnic nationalities), the reality was that there was still little empathy for the non-state actors involved in the struggle for self-determination, and in whose areas of control most of the displaced people lived.

McConnachie explains that "ensuring 'the civilian character of refugee camps' is a global policy concern of UNHCR and these allegations of militarization in Thailand prompted donors to demand more transparency and oversight of camp management."

It was more serious than that. In 2007, some donors (fortunately not all) began to question the credibility of the self-governing model, contesting the idea that any refugee-support program could be based on trust. All aspects of the program were aggressively challenged and serious doubts were expressed about its accountability. The European Union, until then TBC's largest donor, began to reduce funding and, with falling Western exchange rates and increasing rice prices after the 2007/8 global financial and food crises, TBC was forced to start cutting basic refugee support.

McConnachie acknowledges the challenge of KNU influence and explores the mainly anecdotal evidence put forward to support it. She concludes that the KNU's "relationship with the wider refugee population is more complicated than one of simple domination" and that serious accusations "appear to be isolated and exceptional cases." She makes the crucial observation that the primary obstacle to UNHCR accepting a role for non-state actors "appears to be the potential for abuse of power, forced recruitment or military domination rather than its actual occurrence."

It was difficult for TBC to defend the accusations at the time because, indeed, the model was largely based on trust. Its response was, over the next few years, to improved databases, stock controls, monitoring procedures and governance practices based on international "best practice." These reforms enhanced the efficiency and accountability of the program and, most importantly, the increased scrutiny never uncovered any serious malpractice. This was a joint exercise with the refugee and camp committees and, from TBC's perspective, their understanding and industrious response once again vindicated the model and confirmed that trust had always been well placed.

"Governing Refugees" includes insightful information about the KNU and their relationship with the refugees and a fascinating and sensitive study of Karen moral standards and their traditional justice system. There are also illuminating insights into the way refugees view the international aid community, including their mandates and standards.

McConnachie sympathetically explores the conflicts that arose with the international community when attempting to harmonize camp rules with Thai law and offers a challenging personal "tentative counter-critique," one of the focuses of her work.

But, in responding to doubts and criticisms which threatened the sustainability of the aid programs, it is her de-demonization of the non-state actors and her eloquent research on the strengths of the unique self-governance model challenging conventional international practice that is most welcome.

As TBC understood all along, the refugees are not just powerless victims and the non-state actors do have positive roles to play. Ironically, it has been the willingness of the Burmese government's Minister Aung Min to negotiate ceasefires and open the way for political dialogue with the non-state armed groups that has at last confirmed their legitimacy as important parties in determining Burma's political future—something the international community has been reluctant to recognize.

McConnachie suggests that "Rather than rejecting the simple possibility that 'non-state actors' can also be legitimate governance actors, a more productive approach would be to openly acknowledge their role and use this as a baseline to negotiate terms and techniques of governance."

"Governing Refugees" shows that the refugee self-governance model on the Thai-Burmese border was successful. Yet it might never have happened had UNHCR been invited to lead the relief response at the outset, since its mandate is "entirely non-political" and its primary orientation is towards state governments.

The Thai-Burmese border experience therefore merits careful study for relevance elsewhere. In spite of its academic camouflage, McConnachie's book provides an excellent and balanced starting point for discussion and debate.

Jack Dunford was the executive director of the Thailand Burma Border Consortium (TBC) from 1984 to 2012.

The post Book Review—Refugee Camp Governance with a Difference appeared first on The Irrawaddy Magazine.

Passions Run High as Hong Kong Marches for Democracy

Posted: 01 Jul 2014 10:58 PM PDT

Hong Kong democracy movement

A protester wearing a headband which reads "civil disobedience" cries before being dragged away from a street by the police after staying overnight at Hong Kong's financial Central district on July 2, 2014. (Photo: Reuters / Bobby Yip)

HONG KONG — Hundreds of thousands of pro-democracy protesters marched in Hong Kong on Tuesday, many calling for the city's leader to be sacked, in what could turn out to be the biggest challenge to Chinese Communist Party rule in more than a decade.

Hong Kong Chief Executive Leung Chun-ying said his government would do its "utmost" to move towards universal suffrage and stressed the need for stability after nearly 800,000 people voted for full democracy in an unofficial referendum last month.

Organizers put the number of protesters at more than 510,000, emphasizing this was a conservative estimate. Police said some 98,600 had joined the protest at its peak.

Johnson Yeung, convener of the Civil Human Rights Front, one of the organizers of the march, said activists would take to the streets to occupy the business district if China does not respond to demands for a direct election in 2017.

Scores of demonstrators dispersed late on Tuesday, but thousands remained after midnight. Some student groups, including Scholarism and the Hong Kong Federation of Students, prepared to hunker down for the night.

"The Hong Kong government is now controlled by the Chinese government," said Daniel Cheng, 24, a recent graduate who now works as a building surveyor. "My mom said not to be arrested, to be careful. I will try, but I think I should do what I can for Hong Kong, my colleagues, my classmates, my friends."

A security blanket was thrown across the heart of the business district, home to global banks like HSBC and Standard Chartered, as thousands of protesters lingered. Some 200 police stood guard outside the offices of Hong Kong's leader nearby.

Tempers flared in Hong Kong's heat, fierce humidity and heavy downpours as thousands found themselves trapped near the start of the march in the shopping hub of Causeway Bay even as the head of the march reached the Central business district.

Police dragged away several protesters as crowds pushed against barricades. Officers later criticized organizers of the usually peaceful annual procession, warning that legal action may follow after they ignored instructions to speed up.

Activists from the League of Social Democrats burned a copy of a "white paper" released by Beijing last month that reasserted its authority over the former British colony. The group also burned a portrait of Leung.

"This could be the last chance to make our voices heard," said Lam Sui-pan, a 22-year-old human rights volunteer, at the end of the march. A veteran of the last five processions, he said he had never seen such a big turnout.

Deep Divide

Tension is running high after the referendum. Roads were closed off around Victoria Park, where the rally started. Surrounded by police, demonstrators marched to Central, some shouting, "Overthrow the Chinese Communist Party." People were still leaving the park as the first protesters reached Central after four hours' marching.

Anson Chan, Hong Kong's former top civil servant and a key supporter of the unofficial referendum, said the vote was clear.

"They [voters] are not taken in by recent suggestions that we should pocket whatever we are offered in the hope that more would come later," she said. "This is just rubbish."

Organizers of the annual July 1 rally, marking the day the territory returned to China in 1997, were expecting the largest turnout since 2003, when half a million people demonstrated against proposed anti-subversion laws that were later scrapped.

Tung Chee-hwa, the city's leader at the time, stepped down in March 2005, nearly two years before completing his second five-year term.

"I think in view of the vote of almost 800,000 people in favor of democracy, real democracy, not the type of democracy Beijing is suggesting, that today is probably going to be one of the most pivotal moments in the history of the democratic movement in Hong Kong," said lawyer Sean Leonard, from the think tank HKU International Institute of Financial Law. "It's about time Beijing woke up."

The demonstrators are demanding greater democracy in elections for the city's leader, or chief executive, in 2017. They want nominations to be open to everyone. China's leaders want to ensure only pro-Beijing candidates are on the ballot.

Hong Kong returned to China with wide-ranging autonomy under the formula of "one country, two systems," allowing such protests to take place. But China bristles at open dissent, especially over sensitive matters such as demands for universal suffrage and the annual June 4 vigil in Hong Kong to mark the crackdown on pro-democracy protesters in Beijing in 1989.

Chinese Vice President Li Yuanchao urged a visiting Hong Kong youth group on Tuesday to make sure young people "staunchly uphold 'one country, two systems,'" China's Xinhua news agency reported.

Beijing’s Liaison Office in Hong Kong went further.

"We are firmly against the radical and illegal activities launched by very few people, because we all have responsibilities to defend the bottom line of law which Hong Kong people cherish," office head Zhang Xiaoming said in apparent reference to the referendum and planned protests.

"Central government firmly supports the universal suffrage in Hong Kong, and its sincerity and determination is unswerving. This kind of sincerity and determination won't have any change or shake because of the so-called referendum or the scale of the march."

Activists in neighboring Macau were likely to watch the Hong Kong rally closely. A bill there providing lavish perks for senior civil servants was withdrawn days after the largest protest since China resumed control over the former Portuguese colony in 1999.

An activist from self-ruled Taiwan, Chen Wei-ting, who was denied entry to Hong Kong to take part in the rally, sent a message via video link.

"There is no way we can get to Hong Kong to stand with you on the scene, but our hearts are with yours tonight. I believe the democratic movements of Taiwan and Hong Kong will blossom in the foreseeable future," Chen said.

Trying Its Best

Speaking at a flag-raising ceremony to mark the 17th anniversary of Hong Kong's return to China, Chief Executive Leung said the government was trying its best.

"The [special administrative region] government and I will do our utmost to forge a consensus in the community and work together towards the goal of implementing universal suffrage for the chief executive election on schedule and in accordance with the law," Leung said at Golden Bauhinia Square, where ceremonies for the handover of Hong Kong were held in 1997.

Many Hong Kong people are concerned that Beijing is playing an increasing role in the city's civil and political life since the handover.

Occupy Central with Love and Peace, the group behind the unofficial poll, has threatened to lock down Central, home to some of Asia’s biggest companies, as part of its campaign.

It has ruled out taking action to blockade Central on Tuesday, saying it "wouldn’t be the right moment."

Additional reporting by Grace Li, Twinnie Siu, Emily Chung, Nikki Sun, Eiffy Luo, Adam Rose and Clare Jim in Hong Kong and Ben Blanchard in Beijing

The post Passions Run High as Hong Kong Marches for Democracy appeared first on The Irrawaddy Magazine.

Cambodia Frees Thai Who Claimed Border Territory

Posted: 01 Jul 2014 10:49 PM PDT

Acting Thai Foreign Minister Sihasak Phuangketkeow, left, shakes hands with his Cambodian counterpart, Hor Namhong, during a meeting in Phnom Penh on July 1, 2014. (Photo: Reuters / Samrang Pring)

PHNOM PENH — Cambodia agreed on Tuesday to free a Thai nationalist it imprisoned for more than three years for illegally crossing its border to claim territory for Thailand, possibly heralding a warming of relations between the neighbors.

The pardon for Veera Somkwamkid was announced after a meeting between Cambodian Prime Minister Hun Sen and acting Thai Foreign Minister Sihasak Phuangketkeow.

Relations between the two countries have been sour for years. The surprise move followed an exodus from Thailand of about 250,000 Cambodian workers who fled after Thailand's new military government announced a crackdown on migrants working illegally. Most of the estimated 400,000 Cambodian workers who had been in Thailand had no permits. The main purpose of Sihasak's visit was to discuss an organized, legal return of the workers.

Veera was arrested with six Thai colleagues at the end of 2010 after crossing the border to publicize claims that frontier areas held by Cambodia actually belonged to Thailand.

Five were given suspended sentences and released, but Veera, the leader, was sentenced to eight years in prison after being found guilty of espionage, illegal entry and trespassing in a military zone. His assistant, who was sentenced to six years, was released in February last year under a mass pardon.

Veera's Thailand Patriot Network was closely associated with Thailand's royalist People’s Alliance for Democracy—better known as the Yellow Shirt movement—and his incursion was widely seen as an effort to whip up a wave of nationalism to support its political agenda. Yellow Shirt protests helped lead to a coup that ousted Thai Prime Minister Thaksin Shinawatra in 2006, and added pressure that forced two of his political allies from office in 2008.

Protests beginning late last year by a group sharing the Yellow Shirts' agenda helped force Thaksin's sister, Yingluck Shinawatra, from the premiership last month and led to another military coup on May 22. The military's leadership shares many of the political views of the Yellow Shirts and their allies, including a desire to reduce the power of the Shinawatras' political machine.

Veera's case had its origins in a dispute between Cambodia and Thailand over land near an ancient temple on their border.

Sihasak told reporters that he had relayed a request for Veera's release from Thai army commander Gen. Prayuth Chan-ocha, who led the May 22 coup.

Hun Sen had anticipated the request and produced a pardon signed by King Norodom Sihamoni, Sihasak said.

The post Cambodia Frees Thai Who Claimed Border Territory appeared first on The Irrawaddy Magazine.

Top Philippine Court Deals Blow to President, Throws out Fund

Posted: 01 Jul 2014 10:24 PM PDT

corruption in the Philippines

Philippine President Benigno Aquino III at work. (Photo: Office of the President of the Philippines)

MANILA — The Philippine Supreme Court threw out as unconstitutional a fund overseen by President Benigno Aquino to stimulate the economy, dealing a setback to his bid to portray himself as a champion of the fight against corruption.

In 2011, Aquino introduced his Disbursement Acceleration Program (DAP), devised as a means to boost government spending. His critics derided it as a tool to control Congress by buying the loyalty of its members.

Three senators are on trial on charges of misusing a separate congressional fund to channel money back to themselves. Aquino abolished that so-called "pork barrel" fund last year, portraying his action as a key blow in the drive to root out graft.

Theodore Te, a spokesman for the Supreme Court, said certain "acts and practices" under the president's DAP were illegal and unconstitutional. The vote among 13 justices was unanimous.

Te said the government had violated the constitution by allowing practices like cross-border transfers of government savings to increase funds available to other offices. It was also illegal, the court said, for the government to fund projects "not covered by any general appropriation act."

A presidential spokeswoman said the administration would not comment until it had examined the ruling.

Nearly 158 billion pesos (US$3.62 billion) from 2011 to 2013 were disbursed under the president's fund.

Aquino came to power in 2010 on a platform of good governance and ridding the country of its image as one of the most corrupt in Asia. During his mandate, politicians, civil servants and top officers have been charged and jailed on corruption charges.

The opposition said Tuesday's ruling exposed attempts by the president to circumvent the law to favor his allies.

The three opposition senators facing plunder cases before an anti-corruption court for misuse of the now disbanded "pork barrel" fund say there was little difference in the way the two funds operated. Aquino's program, they said, was little more than a smokescreen to crack down on opponents.

Miriam Defensor Santiago, an independent senator, said: "Both the pork barrel and DAP scandals are equally repulsive."

Minority congressman Neri Colmenares said the DAP "exposes the hypocrisy of the Aquino administration's hollow, selective and even deceptive anti-corruption campaign."

The program, he said, "has drained billions of pesos from public funds to highly questionable projects."

Analysts said the Supreme Court had, in effect, upheld the principle of separation of powers.

"It’s just a slap in the wrist," said Earl Parreno of the Institute of Electoral and Political Reforms. "The Supreme Court was just telling the president don't ever do it again."

Government lawyers argued in court that the administration had stopped the practice of pooling government savings into a fund and disbursing it to lawmakers after the practice was questioned in the court last year.

Additional reporting by Lara Murallos

The post Top Philippine Court Deals Blow to President, Throws out Fund appeared first on The Irrawaddy Magazine.

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