Wednesday, October 29, 2014

Democratic Voice of Burma

Democratic Voice of Burma

Bullet Points: 29 October 2014

Posted: 29 Oct 2014 04:31 AM PDT

On tonight's edition of Bullet Points:

  • Suu Kyi gets wish of quadripartite Naypyidaw talks
  • First of four cases against Andy Hall thrown out
  • Hanthawaddy airport tender awarded to Singaporean firm.
  • Colgate buys out Burmese toothpaste company

You can watch Bullet Points every weeknight on DVB TV after the 7 o'clock news.

Wirathu rejects ‘self-immolation’ rumours

Posted: 29 Oct 2014 03:58 AM PDT

Burmese nationalist monk Wirathu has rejected widespread rumours on social media that he vowed to carry out self-immolation as a protest if Burma failed to adopt the proposed Race Protection Laws by the end of November.

According to news reports recently circulating online, at the fourth plenary meeting of the Upper Burma Race and Religion Protection Organisation, locally abbreviated as ma-ba-tha, on 27 October, Wirathu issued an ultimatum threatening to douse himself with gasoline and self-immolate on 2 December should the proposed race and religion protection bills not be adopted into law by the end of November.

"I did not say that or made any written statement about it – I have rejected these rumours on my social media pages," said Wirathu, adding that he was forced to open a new social media account as his previously account was hacked.

Wirathu is also often cited as the leader of the "969 movement", whose philosophy asserts that Islam poses an existential threat to Burmese Buddhism. In 2003, he was sentenced to 25 years in prison for his role in inciting anti-Muslim violence in Mandalay, Burma's second-largest city, but was released in 2012 as part of a prisoner amnesty.

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Thein Sein to host quadripartite talks

Posted: 29 Oct 2014 03:47 AM PDT

Burma's President Thein Sein announced plans on Wednesday to hold a meeting between representatives of the government, parliament, military and political parties.

Sai Lek, spokesperson for the Shan Nationalities League for Democracy (SNLD), said his party received an invitation from the president to join the meeting, which will take place at the presidential residence in Naypyidaw on 31 October. The meeting will focus on the peace process, national reconciliation and the country's reform efforts.

"The invitation listed three subjects for discussion at the meeting: ensuring a smooth political transition; continuing the peace process; and national reconciliation negotiations. [SNLD] Chairman U Khun Htun Oo has been invited to attend the meeting on behalf of the party and in his capacity as a representative of the United Nationalities Alliance," said Sai Lek.

The meeting is due to be attended by the following 14 individuals: President Thein Sein and his two vice-presidents; parliamentary speakers Shwe Mann and Khin Aung Myint; National League for Democracy Chairperson Aung San Suu Kyi; the military's Commander-in-Chief Snr-Gen Min Aung Hlaing; Vice-Commander-in-Chief Gen Soe Win; Union Election Commission Chairman Tin Aye; SNLD Chairman Khun Htun Oo; Shan State Nationalities Democratic Party Chairman Sai Aik Pao (who will attend on behalf of an alliance of ethnic political parties called the Nationalities Brotherhood Federation); the National Democratic Force Chairman Khin Maung Swe (representing the Federal Democracy Alliance); Than Tin from the National Unity Party; and an as yet unnamed representative from the ruling Union Solidarity and Development Party.

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Last year Suu Kyi called for a quadripartite meeting with the president, parliamentary speakers, the military chief and herself to discuss amending Burma's 2008 Constitution.

"We think the president is offering a win-win solution to [Suu Kyi's request] by not completely rejecting her demand for a four-party dialogue. At the same time, the meeting includes more parties while not strictly excluding the four institutions she requested," said Sai Lek.

"Also, in my personal opinion, this meeting could be a good opportunity to talk about the peace process deadlock, hosted by U Aung Min's Union Peacemaking Work Committee, and give the world the impression that Burma is moving forwards with its democratic transition in advance of US President Obama's impending visit to Burma."

In his monthly radio speech to the country on 1 October, Thein Sein said that a nationwide ceasefire agreement between the government and armed ethnic groups must be signed to "ensure stability, a successful 2015 election, and a smooth continuation of [Burma's] political reforms."

Par Gyi killing: US calls for investigation

Posted: 29 Oct 2014 02:09 AM PDT

International rights groups have joined domestic voices in condemning the killing of journalist Par Gyi by the Burmese army, while the US embassy in Rangoon has called on Naypyidaw to conduct a transparent investigation into his death.

Freelance journalist Par Gyi was taken into custody by Burmese government forces while reporting in Mon State last month. The military has since issued a statement saying he was shot dead while trying to escape.

According to an official statement by the US Embassy on Wednesday: "We are deeply concerned and saddened by reports that freelance journalist Ko Par Gyi, also known as Aung Kyaw Naing, was killed in Mon State while detained by military forces. Full details surrounding his detention and death remain unknown at this time. We have raised serious concern with the government on the matter. We call on the government to conduct a credible and transparent investigation into the circumstances surrounding his death, and to hold the perpetrators accountable. Respect for press freedoms is a cornerstone for every flourishing democracy. We urge the Government of Burma to release journalists still in captivity who have been detained for exercising these freedoms. Our thoughts are with Ko Par Gyi's family and friends."

International rights groups, including the Asian Human Rights Commission (AHRC), Human Rights Watch (HRW), and the Committee to Protect Journalists (CPJ) have thrown their weight behind calls for justice.

Min Lwin Oo, a lawyer for the Hong-Kong based AHRC, said, "The AHRC is going to release an emergency letter of appeal to the UN Human Rights Commission in Geneva and relevant human rights bodies … calling for their assistance with regard to the death of Ko Par Gyi, also known as Ko Aung Kyaw Naing."

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According to David Mathieson, senior researcher on Burma for Human Rights Watch: "The killing of Ko Par Gyi demonstrates the ruthless impunity of the military, and their resistance to pursue a full accounting of his death renders clear their disdain for the rule of law. This killing is sending shock waves through Burma's already embattled press corps, facing several months of government intimidation [and a] reversal of press freedoms. The army has sent a chilling warning to all journalists that they will deal harshly with anyone who looks into their extensive dirty practices."

In an email to DVB, the Committee to Protect Journalists' Southeast Asian representative Shawn Crispin said, "We are gravely concerned by reports that journalist Aung Kyaw Naing has been killed while being held in military custody in Burma. Government authorities must investigate these reports, reveal publicly the circumstances behind his death, and prosecute the perpetrators under the fullest extent of the law."

Three hundred people gathered in central Rangoon on Sunday to denounce the extrajudicial killing of Par Gyi. Other rallies and vigils for the journalist were this week in Prome [Pyay].

DVB reported earlier that Aung Naing's wife, Ma Thandar held a press conference on 21 October calling on President Thein Sein, opposition leader Aung San Suu Kyi, and the Myanmar National Human Rights Commission to help in the search for her husband.

The Myanmar National Human Rights Commission Chairman Win Mya said the commission is still trying to verify news of Par Gyi's death.

"As of now, we have not yet received all information about the case – we are still trying to verify the reports [of Par Gyi's death]," he said. "But this is not the only job we are dealing with. We have other issues to see to."

Par Gyi was once a bodyguard for Suu Kyi, and the NLD leader this week sent a private message of condolence to Ma Thandar.

The unwanted attention comes at a time when Burma is gearing up to host both an ASEAN summit and the 2014 East Asian summit in Naypyidaw next month.

Speaking in New York in September, Burma's Foreign Minister Wunna Maung Lwin called for the UN to drop its focus on human rights when dealing with his government.

Jailed Kanbalu farmers face additional charges

Posted: 29 Oct 2014 12:17 AM PDT

Eight farmers jailed for staging a plough protest on military-confiscated land in Sagaing Division's Kanbalu Township are now facing additional charges for illegal trespassing.

"One of the eight farmers, Ko Kyauk Khe, has already been accused of 10 different violations of the law. He is currently serving prison terms for three of the charges and is still standing trial for the remaining indictments. On [Tuesday], two additional charges were lodged against him," said Tin Myo, a Kanbalu resident.

In July, a court in Kanbalu sentenced the farmers to jail terms ranging from three months to two years for their involvement in a rally in March where they ploughed land confiscated by the Burmese army. Plough protests have been used in Burma recently as a show of defiance against the military and might serve to strengthen the original landowners' claims to their land.

In the wake of the plough protest, more than 200 villagers—including residents from Khaohnta, Pegyi and Ngatpyawdine Villages—were served with charges.

Shortly after, civic group 88 Generation Peace and Open Society released a statement which strongly condemned the farmers' imprisonment and demanded the return of lands confiscated by the military.

Over 10,000 acres of farmland owned by Kanbalu residents were confiscated by the Burmese army for a sugar cane plantation in the 1990s. Villagers have previously told DVB the land has been managed by the Burmese army's 13th and 16th Light Infantry Battalions.

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In August, 1,500 farmers held a rally calling on the government to release 57 of the jailed farmers, but so far only seven of the farmers were released after serving their full three-month jail sentences.

Burma's government passed a land reform package in early 2012, which led to the creation of a land investigation commission charged with examining and mediating property disputes. But in July 2014 the Ministry of Defence announced plans to return only 120,000 acres of disputed land—less than a quarter of the land formally registered as seized property.

First defamation charges against Andy Hall dismissed

Posted: 28 Oct 2014 10:27 PM PDT

The first of four defamation charges brought against British activist Andy Hall by Thailand's Natural Fruit Company was dismissed by a Bangkok court on Wednesday due to a legal technicality.

The judges ruled that, as the incident – an interview given to Al Jazeera – had occurred abroad, Thailand's attorney-general should have been involved in the investigation, and was not. The prosecution had therefore not proceeded within the law, it was ruled.

"I think this is a real victory for migrant workers and for the Thai justice system," Hall told DVB after leaving court on Wednesday morning. "I think that the judges showed very clearly that they respected what I did and the work I did, and that they respected the role of human rights defenders. They categorically condemned the acts of the law enforcement officials and prosecutors who unlawfully prosecuted this case against me.

"It is a great ruling for me, for migrant workers, for labour rights and for freedom of expression," he said, adding that this verdict strengthens the rule of law in Thailand.

"I never had any doubt that this ruling would go against me. I always had faith in the Thai justice system, I believe that I will win the rest of the cases against me," he said by telephone.

The trial for a second civil defamation case starts on 30 October, Hall’s 35th birthday.

Natural Fruit filed four criminal and civil charges against Hall. Charges concern criminal and civil defamation claims, and crimes under Thailand's Computer Crimes Act.

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Hall successfully faced the first of four libel charges against him for his research about a Thai company's alleged abuse of migrant labourers, the majority of whom are Burmese. He has been facing a total of at least seven years in prison for related charges.

Hall is being sued by Natural Fruit, a pineapple processing company based in Thonburi, Bangkok province. Wednesday's case involved statements he made during an Al Jazeera video report that went live in June 2013.

The comments made to Al Jazeera implicate the company in unlawfully low wages and employment of underage workers. Natural Fruit employs hundreds of mostly Burmese migrants, who make up a significant portion of Thailand's low-skill workforce and are widely regarded as vulnerable to labour abuse.

Natural Fruit's Vice-president Kachin Komneyawanich, the plaintiff in the case, claims that the allegations were completely fabricated, and that the company's revenues have dropped by a large margin since the content was published.

Hall's is a unique and convoluted case, which has been lambasted by rights defenders and industry figures alike, claiming that he is being targeted to demonstrate that some issues and industries are off limits. The total of four charges – which include criminal defamation, violation of Thailand's controversial Computer Crimes Act (CCA) and a civil defamation suit seeking damages of US$10 million – all trace back to research conducted for a European accountability watchdog, Finnwatch.

Finnwatch contracted Hall, who at the time was associate researcher at Bangkok's Mahidol University, to investigate three Thai food processing companies that supply European markets: Thai Union Manufacturing, Unicord and Natural Fruit. The group published the findings in 2013, which were based largely on site visits and interviews with employees.

The damning report, titled Cheap Has a High Price, cited worker testimony claiming abuses including child labour, confiscation of passports, low wages and severely unsafe conditions. The allegations were taken seriously by some European retailers and ultimately resulted in several supplier contract re-negotiations.

Natural Fruit, however, dismissed the findings entirely. The company initially chose to pursue legal action under the CCA, enacted in 2007, which broadly criminalises all "forged computer data or false computer data". While the law is generally thought to have been drafted to prevent physical or proprietary damage to computer systems, research by an independent Thai legal organisation, iLaw, shows that fraud and defamation cases are its most common application.

"All of the workers said to me that working there was like hell," Hall said in the clip, which is still viewable on YouTube and was played back several times to the court on 2 September. This line drew particular ire from Natural Fruit, whose counsel fixated on the connotations of the word "hell". The defense maintains that the statement was based on employee testimony and that Hall had no intent to harm the company.

I think it's very difficult to prove that I had a malicious intent toward this company," said Hall, speaking before the hearing. "What I did was in the public interest and what I did was for the benefit of migrant workers."

Sagaing protestors say drug addicts need help

Posted: 28 Oct 2014 08:28 PM PDT

Protestors took to the streets of Banmauk in Sagaing Division this weekend, calling for official measures to tackle rampant drug problems in the region.

"My husband died from drug addiction and it left me scared, angry and inconsolable," said one protestor. "I get very upset seeing young people whose lives are dictated by their drug habit – it brings tears to my eyes.

"And I constantly worry that son will end up like his father."

More than one hundred demonstrators marched on Sunday from the main pagoda in Nayakar village to its equivalent in Banmauk, holding placards calling for the suppression of drugs; an end to drug-related bribery and corruption; rule of law; and legal assistance for drug addicts who are trying to get clean.

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"If our country's leaders continue to ignore this waste of human resources, we will never get the chance to have a clean government as the president promised," said local protestor Wai Lin Htut."

"Where there are incompetent citizens, there will be an incompetent government."

Another local woman told DVB that little assistance for drug addicts exists in the area.

"Now we have more and more drug users injecting heroin," she said. "But there is a medicine in Katha town. You can take droplets of it to get off the drugs. My brother has been taking it. The medicine itself is free, but we must still pay his living expenses. However, we cannot get that medicine in Banmauk, so I am joining this rally to demand it be made available here."

The protest, organised by the National League for Democracy, was held with official permission from local authorities in accordance with the Peaceful Assembly and Peaceful Procession Law.

*DVB has this week broadcast a feature story about drug addicts in northern Shan State. You can see highlights from this video on our website this weekend.
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