The Irrawaddy Magazine |
- Court Accepts Charges Against New Zealander, 2 Burmese for Insulting Buddhism
- ‘It Will Be Hard As It’s the First Time Committee Members Are Elected’
- Migrants Accused of Thai Beach Murder Ask Suu Kyi for Help
- Industry Experts See Potential in Backpacker Boom
- Suu Kyi, Opposition Lawmakers Question 12-Party Talks Proposal
- MAI Plane Damaged During Landing in Rangoon
- Crunch Time for Copycats?
- Malaysia Arrests 20 as Probe Widens Into Murders of Burmese Nationals
- Dam Projects Risk Reigniting Burma’s Civil War
- Police Arrest New Zealander, 2 Burmese for Promotion Insulting Buddhism
- Hong Kong Begins Clearing Main Pro-Democracy Protest Camp
- Youth Suicide on the Rise in Modernizing India
- Hiroshima Survivor Shifts Search for Victims from US to Europe
Court Accepts Charges Against New Zealander, 2 Burmese for Insulting Buddhism Posted: 11 Dec 2014 05:38 AM PST RANGOON — Rangoon's Bahan Township Court on Thursday afternoon accepted criminal charged brought against a New Zealand national and two Burmese men, who are accused of insulting religion because the bar they were working distributed a promotional flyer showing a Buddha wearing headphones. Tun Thurein, the owner of V Gastro Bar in Bahan Township, as well as the bar's general manager Philip Blackwood, a New Zealand national said to be 32 years old, and bar manager Htut Ko Ko Lwin were brought to the court in a police van in the early afternoon and were later whisked away to be brought back to Bahan Police Station, where they are spending a second night in jail. Many journalists gathered at the court entrance. More than 20 monks belonging to the Association for the Protection of Race and Religion—a Buddhist nationalist movement called Ma Ba Tha in Burmese—were present to express their displeasure over the case. The men were arrested on Wednesday after the Ma Ba Tha complained about a promotional flyer by V Gastro Bar that depicted a seated Buddha wearing headphones to a colorful, psychedelic backdrop along with advertising for cocktails. The bar, located in an upscale Rangoon neighborhood, was shut down on Wednesday. The three are facing charges of insulting religion under the Penal Code's articles 295 and 295 (a), a clause that carries punishment of a fine and a maximum of two years in prison. They were denied bail on Thursday and are scheduled to appear in court again on Dec. 18. The post Court Accepts Charges Against New Zealander, 2 Burmese for Insulting Buddhism appeared first on The Irrawaddy Magazine. | |
‘It Will Be Hard As It’s the First Time Committee Members Are Elected’ Posted: 11 Dec 2014 05:05 AM PST On Dec. 27, elections will be held in Rangoon Division to determine who will fill four new seats created on the Rangoon Divisional Municipal Committee, the highest body governing the Yangon City Development Committee (YCDC). The latter runs the day-to-day affairs in Rangoon, Burma's biggest city and commercial capital. It will be the first exercise in a limited form of democratic governance in the city after decades of military rule, and the mayor and four remaining seats on the committee will still be directly appointed by the central government. Mae Ohn Nyunt Wai, 63, is one of three women running as a candidate for the vacant positions—a unique situation as it is believed that no woman ever had a place in Rangoon Municipality's highest governing body. Another 29 women are running for positions on Rangoon's four district and 33 township-level municipal committees come Dec. 27. Mae Ohn Nyunt Wai worked for 23 years in the Ministry of Foreign Affairs (MoFA) and as a freelance consultant for local and international NGOs working on child rights, women's rights and human rights. The former assistant director at MoFA, who earned a Master's in Development Management from the Asian Institute of Management in the Philippines, is competing for a seat on the Divisional Municipal Committee and represents Rangoon's West District constituency. She spoke with The Irrawaddy about her ambitions and what she will do for Rangoon if elected. Question: Firstly, why did you enter this election? Answer: I read about the YCDC elections in the newspapers. I was interested and the restrictions for the candidates are that they must be apolitical [i.e. not a political party member], interested in the city's development, not over 65 years old, and both parent must be citizens [of Rangoon]. Since I matched all of these criteria, I applied with the election commission and got approval to enter the elections. The main reason for me to enter the elections is that I would like to use the academic knowledge I have and the [working] experience I gained to serve the public. Q: Among the divisional, district, and township-level committees, you are competing for the divisional committee. Why? Does the divisional committee have more power and what is the role of divisional committee in YCDC? A: It is the decision-making body and [committee members are] the policy makers of YCDC. So, I chose to enter this election. In this committee, there will be nine members. The mayor is the committee's chairman. He is appointed and also the other four members are appointed. Among them, two will be the secretary and joint secretary. The other [four committee members] will be elected. If an issue comes up, we will make considerations and a decision. YCDC is now under the Rangoon's Division government. So, all projects and budgets are reported to the division government. There are 33 townships and four districts in Rangoon. In YCDC, there are 20 departments…. According to the [governance] structure, the divisional committee has to manage the townships committees and departments in YCDC. But it is still unclear what the elected committee members' duties and powers are. Q: Let's say you are elected. Which problem will you first solve for Rangoon? A: Yes, there are problems and we mention these, but I think we need to handle the root causes to solve the problems. Our term is only one year and three months. So within that period, what can I do? … I think the real question is how to develop the performance in the policy-making body and [performance] of the YCDC staff. I don't want to make promises to the public that within one year I can clean all garbage and there will be no more flooding. But I will focus on implementing existing projects and programs and to develop the [management] system. There is a Strategic Urban Development Plan for Greater Yangon. Its goals are set [on a time schedule to] 2040 and involves collaboration with the Japan International Cooperation Agency (JICA). It includes all [management] solutions to solve current problems. But the strategic plan still runs too far into the future since it is set on schedule running to 2040; so we need to try to make some adjustments during this coming period. Q: Among nine seats in Rangoon Divisional Committee, the five members including the mayor, the committee's chairman, are appointed. So do you think the four elected members can have any impact on the decision-making? A: I hope it will be the first step [to democratic governance]. Everyone is mentioning this [limitation]. My friends asked me why I would run in the election, and what I can achieve there. I will do whatever I can and try to do what I want to do when I am elected. Something will happen. And if we're lucky, the persons on the committee will have the same attitudes. If not, it will be harder. I know it will be hard as it's the first time [that members are elected]. It is the next challenge for me, if I am elected. Q: Thirty-two women are running in the elections. Among them, only three women are competing for Rangoon Divisional Municipal Committee. So the women running on the highest level are few; does this pose any difficulties for you? A: Some people want to underestimate women. Most men don't want to pay attention when women try to speak [in public]. I found that out while campaigning. They are not interested when a woman comes and speaks to them, so I need to take more time to get them to listen to my words. The post 'It Will Be Hard As It's the First Time Committee Members Are Elected' appeared first on The Irrawaddy Magazine. | |
Migrants Accused of Thai Beach Murder Ask Suu Kyi for Help Posted: 11 Dec 2014 04:50 AM PST CHIANG MAI, Thailand — Two Burmese migrants accused of a high-profile double murder in Thailand appealed once again to Burma's leading lady on Thursday as they prepare for an expedited hearing. In a personal letter to Burma's opposition leader Aung San Suu Kyi, Zaw Lin and Wai Phyo, both 21 years old, said their families are suffering from lack of income due to their prolonged detention in a prison in Koh Samui, southern Thailand. "We are poor, so we came to Thailand to work and save money," the letter read, explaining that both of the accused had been sending money back to Burma to support their parents and grandparents. The two migrants were arrested on Oct. 2 as the primary suspects in a double-murder on the Thai island of Koh Tao. They were indicted on Dec. 4 following a controversial two-month investigation that critics claim lacked both transparency and evidence. Both migrant workers from Arakan State in western Burma, they have remained in custody since their arrest. They were apprehended about two weeks after the brutally beaten corpses of Hannah Witheridge, 23, and David Miller, 24, were found on a beach at the popular tourist destination in Thailand's Surat Thani province. Thai police said the pair had made a confession, but they later renounced it claiming they had been tortured while in custody. Thai police denied allegations of torture. Charges include the murder of Miller, rape and murder of Witheridge, theft and illegal entry and stay in Thailand. The pair pleaded not guilty to all charges. The hasty and opaque investigation sparked criticism across the globe, with some observers calling the migrants scapegoats. Andy Hall, a British activist assisting the duo throughout their trial, delivered their appeal to Suu Kyi's secretary but has not yet received a response. The Irrawaddy also made several attempts to contact the NLD, but has not yet received a reply. Hall, who has been researching migrants' rights and assisting Burmese migrant workers in Thailand for nearly a decade, is involved in a separate lawsuit in Thailand related to his work on defense of labor rights. Hall told the Irrawaddy he thinks "it will be hard [for the accused] to have a fair trial." The pair's defense team is currently preparing for a preliminary hearing on Dec. 26, two months earlier than originally planned, and must prepare their evidence by Dec. 18. The post Migrants Accused of Thai Beach Murder Ask Suu Kyi for Help appeared first on The Irrawaddy Magazine. | |
Industry Experts See Potential in Backpacker Boom Posted: 11 Dec 2014 03:27 AM PST RANGOON — The backpacker, a unique variety of traveler associated with intrepid, low-cost wandering, is fast becoming a cardinal feature of Burma's tourist scene, according to industry experts. The Union of Myanmar Travel Association (UMTA), a private-sector bloc established in 2002, told The Irrawaddy that the industry might benefit from catering to foreign independent travelers (known as FIT) instead of expensive and rigidly scheduled group tours, which were among the only options for visitors during the last two decades. The reforms of the past three years breathed new life into a stagnating travel sector that suffered from a boycott, a shortage of investment and inadequate infrastructure. The UMTA said that the number of visitors has steadily risen, and the number of young, independent travelers is rising fast. "Most of the visitors are from Thailand and the United States," said Aung Zaw Win, a department head with the Ministry of Hotels and Tourism, remarking that backpackers now account for more than half of Burma's tourists, a sudden and extreme increase. While this year's tourism statistics have not yet been published, data available on the ministry website estimated that FIT accounted for about 38 percent of visitors in 2013. Paradoxically, despite the increase, percentages were higher before the reforms because there were far fewer visitors on the whole. An influx of both foreign business scouts and exiles returning on various types of visas make the data tricky to interpret. Nonetheless, industry experts seem to agree that FIT are, in fact, on the rise in Burma—and could prove to be a strong source of revenue and driver of development. Andrea Valentin, founder and Director of the Rangoon-based NGO Tourism Transparency, said that catering to low-budget independent travelers could create a more healthy mix in sector development by balancing out the ministry's "misplaced" focus on high-end tourism. She warned, however, that a lot is still lacking to turn independent travel into a rewarding investment instead of a damaging experiment. "Many package tourists know a lot about the country they're visiting, they're usually older, too," said Valentin, "and they spend a lot, but the money usually stays in big hotels. We need a good mix of tourists in Myanmar, and I hope both backpackers and package tourists will be more aware of the places they visit. It’s the only way for responsible tourism to happen here." Local tour operators shared concerns that courting backpackers could be damaging. Tour guide Aye Nyein Thu, wary of independent travelers, lamented that "some backpackers climb up to the top of pagodas without taking off their shoes," a cultural faux pas. Though the number of such travelers is rising quickly, Valentin said that, "independent tourism is still not so easy in Myanmar [Burma], as there are few guesthouses and small-scale accommodation providers." If Burma's tourism association does want to pursue FIT as a primary target, accommodation and safety will be among the sector's most urgent concerns, according to Tin Tun Aung of the UMTA, pointing out that, at present, independent travelers "can only rely on hotlines and tourist police." The total number of visitors to Burma surpassed 1 million for the first time in 2012, shortly after power was transferred from the former military junta to a quasi-civilian government. Many travelers boycotted Burma at the request of Aung San Suu Kyi, in order to avoid funding the then-ruling regime. Suu Kyi has since been elected to Parliament, and softened her stance toward the government, which is comprised largely of retired military officers. In 2012, the government created a Tourism Master Plan in collaboration with foreign development experts, setting a goal of reaching 3 million foreign visitors by 2015 and 7.5 million by 2020. In early October, the Ministry of Hotels and Tourism announced that 2016 would be designated as "Visit Myanmar Year," in an attempt to revamp the tourism sector amid chronic complaints of accommodation shortages and weak infrastructure for communications and transit. A similar campaign was launched in 1996. The post Industry Experts See Potential in Backpacker Boom appeared first on The Irrawaddy Magazine. | |
Suu Kyi, Opposition Lawmakers Question 12-Party Talks Proposal Posted: 11 Dec 2014 03:00 AM PST Opposition leader Aung San Suu Kyi has dismissed attempts by the Rangoon Division parliament to propose 12-party talks to resolve the issue of constitutional reform, while other opposition lawmakers also questioned the intentions of the local ruling party lawmakers. She told Radio Free Asia on Wednesday that Union Solidarity Development Party (USDP) lawmakers in Rangoon Division were trying to stymie her attempts to meet with Burma's key political players, rather than bring the controversial Constitution up for genuine discussion. "When I asked for a four-way talks, it appeared as though 14-party talks would be held, then six-party talks were proposed, and now 12-party talks," she told RFA. "I want to say, frankly, that they [lawmakers] are doing this with the intention of not holding real discussions." In recent days, a Rangoon Division cabinet member proposed holding 12-party charter reform talks and the local legislature approved it. The proposal will now be sent to President Thein Sein, who can either refer it to the Union Parliament with an added remark, or reject it. Some Rangoon Division lawmakers have said they believe they are helping to address a looming political deadlock over charter reform after Thein Sein and Burma Army chief Min Aung Hlaing rejected a proposal by the Union Parliament late last month that called for six-party talks. The proposal would have seen the president, army chief, the speakers of both Houses of Parliament, Suu Kyi and one representative of ethnic parties meet to discuss reforms to the unpopular military-drafted Constitution. The latest proposal by Rangoon parliament calls for including six more ethnic representatives in the talks, supposedly because the Rangoon legislature—which like the Union Parliament is dominated by the USDP—believes this to be a more inclusive approach. However, Ko Ni, a member of the Burma Lawyers' Network and of the National League for Democracy's constitutional review committee, questioned the local lawmakers' intentions and said the proposal would not get far. "It goes totally against to the decision of the Union Parliament. The minister who proposed it and the regional parliament speaker should know that it should not be brought up," he said. Nyo Nyo Thin, an independent lawmaker in Rangoon parliament, said six-party talks were the best way to address the issue of charter reform, adding that she believed that USDP lawmakers in Rangoon Division were proposing 12-party talks in order to obfuscate the process of holding political talks on the issue. "I think the government is using our regional parliament to confuse the situation," she said. Suu Kyi has long called for a meeting with Thein Sein, Snr-Gen. Min Aung Hlaing and Union Parliament Speaker and USDP chairman Shwe Mann. Her calls were ignored until in late October—days before the visit of US President Obama—when the government hastily held a meeting with the four key players, the Upper House Speaker and nine representatives of the USDP and ethnic parties. The meeting yielded no concrete discussions and only had symbolic value, Suu Kyi said afterward. Another 14-party meeting is scheduled for January but it seems unlikely that it will result in significant progress on charter reform. The recent rejection of six-party talks has given rise to concerns that neither government nor army has any intention to amend the 2008 Constitution, which grants the army considerable political powers, such as a quarter of Parliament seats, and bans Suu Kyi from the presidency because her children are British nationals. Sai Leik, the joint-secretary of the Shan National League for Democracy (SNLD), said the 14-party talks, which the SNLD leadership attended, had no political significance, adding that the party believes talks should start between Suu Kyi and a limited number of key political players, before including more participants, such as ethnic representatives. More participants would render the meetings ineffective, Sai Leik said, adding that the government's and USDP's attempts to arrange talks involving numerous participants raises the question "whether the government is playing a political game or wants real changes." In recent months, USDP lawmakers in both Houses of Parliament have participated in discussions on charter reform and vague promises were made to study the issue, but no significant measures to address key undemocratic articles have come up. In October, the USDP and army lawmakers voted down a proposal by the NLD calling for amendments to Article 436, a key clause blocking wider reforms to the charter. Additional reporting by Kyaw Phyo Tha. The post Suu Kyi, Opposition Lawmakers Question 12-Party Talks Proposal appeared first on The Irrawaddy Magazine. | |
MAI Plane Damaged During Landing in Rangoon Posted: 11 Dec 2014 02:54 AM PST RANGOON — A Myanmar Airways International (MAI) flight suffered slight damage on Wednesday after a bird punctured the plane's nosecone shortly before landing at in Rangoon, according to Yangon Division police. An Airbus A319, servicing MAI Flight 232 from Singapore to Rangoon, collided with a large bird while 1200 metres (4000 feet) above Bago Division, ten minutes before landing at Mingaladon. "It was a really big bird," Aye Mra Tha, MAI sales and marketing executive, told the Irrawaddy. "The plane's nose cracked… but there was no major damage and the flight landed as per regular procedure. After landing our engineering department changed the nosecone with spare parts." Aye Mra Tha added that the Airbus was flying to Korea this morning as part of the plane's regular schedule. A statement posted on MAI's Facebook page said that none of the flight's 120 crewmembers or eight crew were injured during the incident and the plane had resumed its normal services. While MAI has a relatively strong safety record, meeting the international aviation benchmarks of accreditation from the International Air Transport Association Operational Safety Audit and clearance to fly into the European Union, several recent incidents have raised concerns about the overall safety of the aviation industry in Burma. In April of this year, a plane operated by low-cost carrier and recent market entrant Golden Myanmar Airlines crashed into a stationary MAI plane at Rangoon Airport. In January, a flight operated by Air KBZ was evacuated on the runway at Mingaladon after smoke began to rise from its wheels while taxiing on the runway. Air KBZ and MAI are both wholly owned subsidiaries of the Kanbawza Bank, a company formerly subject to US sanctions. In Dec. 2012, a Fokker 100 aircraft operated by low-cost carrier Air Bagan carrying more than 60 passengers from Mandalay hit power lines during its descent to Heho Airport in Shan State, killing a passenger and a local motorcyclist on the ground. Meanwhile, the Rangoon-headquartered Air Mandalay, which operates services across 12 domestic airports, announced the suspension of all flights on Wednesday. Citing "unforeseen delays on the scheduled arrival of leased aircraft, Air Mandalay Chief Executive Sai Kham Park Hpa said that all bookings would cease until Jan. 31. Additional reporting by Sean Gleeson. The post MAI Plane Damaged During Landing in Rangoon appeared first on The Irrawaddy Magazine. | |
Posted: 10 Dec 2014 04:00 PM PST YANGON — Imagine for a moment a billboard in downtown Yangon that reads "Kandawgyi Fried Chicken… It's finger lickin' good!" Kentucky Fried Chicken will soon enter Yangon's fast food market, and you can be sure the company will be concerned about preventing any upstart business using words or images similar to its trademarked brand. But at present, it is not clear what any legal measures might be, as the legal framework covering intellectual property rights (IPR) in Myanmar is virtually nonexistent. Amid the general excitement over potential new investment opportunities in "Asia's last frontier market," there have been increasing calls for the Myanmar government to hasten the establishment of a new IPR protection framework. The Ministry of Science and Technology has committed to rolling out a comprehensive set of IPR laws by the end of 2014. Emerging Legal Framework Myanmar's current legal framework for intellectual property rights is a patchwork of colonial-era laws, such as the Myanmar Copyright Act of 1914, and more recent legislation such as the Control of Money Laundering Law of 2002 that mentions IPR only in passing. Other laws that reference IPR include the Penal Code of 1860, the Merchandise Marks Act of 1889 and the Television and Video Law of 1996. Myanmar's 2008 Constitution and the Foreign Investment Law of 2012 both contain language guaranteeing the right to ownership of copyrights, trademarks and patents, but the extent of protection and enforcement measures is not clearly defined. Given the importance of IPR to potential foreign investors, as well as Myanmar's obligations under the World Trade Organization's (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Association of Southeast Asian Nations (Asean) Framework on Intellectual Property Protection, the Myanmar Ministry of Science and Technology is currently developing a new set of laws dealing specifically with IPR protection. The Ministry has received assistance drafting the laws and enforcement provisions from the World Intellectual Property Organization (WIPO), a self-funding agency of the United Nations which Myanmar joined in 2001. WIPO regularly provides this type of bilateral IPR technical legal assistance to developing countries as part of the "WIPO Development Agenda" aimed at "working with developing and least developed countries to enable them to reap benefits from the IP system and to enhance their participation in the global innovation economy," according to its website. "WIPO has been providing legal advice and extending legislative assistance [to Myanmar] involving four specific laws, namely patent, trademark, industrial design and copyright laws," a WIPO official told The Irrawaddy by email. The draft laws will be reviewed by parliament in the near future. Once the new laws come into force, the official added, "WIPO will continue to provide legal and technical assistance to Myanmar in establishing a modern and effective National IP Office, formulating a National IP Strategy and in building an IP culture in the country." Enter International Law Firms New players are setting up offices in Myanmar to service the IPR sector of the economy. At least five international law firms and consultancies specializing in IPR have opened Yangon offices within the past year or so. US-based law firm Herzfeld Rubin Meyer & Rose (HRMR) opened its Yangon office in July 2013. According to senior partner Eric Rose, the "major challenges" for IP practice in Myanmar include "non-existent specialized IP-protection facilities and infrastructure and the requirement of new effective IPR laws based on WIPO standards." The American Chamber of Commerce, an industry group, opened a Myanmar chapter in October 2013. Judy Benn of the American Chamber of Commerce in Thailand told The Irrawaddy that protecting intellectual property was vital for new companies entering Myanmar. "IP considerations can vary from distinguishing and protecting one's goods from those of competitors [to] protecting patent, design, trade secrets and valuable research in the information technology arena." Benn added, "We can see significant opportunities to develop IP with the coming of fast food chains, multi-national retail companies and software technology in Myanmar." Rouse, a global IP consulting services firm, opened a Yangon office in November 2013 in order to assist companies wanting to file for IPR protection and to commercialize existing IPR ownership in advance of the establishment of the new legal framework. Fabrice Mattei of Rouse's Yangon branch listed four major IP challenges for Myanmar at present: "addressing pirated trademarks recorded in Myanmar, [raising] public awareness through educating people to respect other people's IP rights, setting up an IP Office with well-trained examiners to examine trademarks and other IP rights, and establishing a reliable and competent IP judicial system with adequate procedures and well-trained judges." Establishing Prior Use Rights The daily and weekly newspapers in Myanmar are full of adverts staking claims on the use of trademarks within the country—a little-known yet widespread effort by firms to establish their "prior use rights." It is understood that the new IPR laws will retroactively recognize trademarks registered in the three years prior to their enactment, so foreign companies have begun efforts to reinforce their ownership claims. "Currently IP owners can file a recordation for a Declaration of Ownership with the Registry of Deeds & Assurances," said Benn, adding that this action did not provide conclusive legal proof of ownership as multiple people can register the same trademark. Companies that have already filed for trademark ownership with the registration office "will have prior examination rights and approval [ahead of] trademarks filed after the new laws are enacted," confirmed Tin Ohnmar Tun, President of the ASEAN Intellectual Property Association. While many international companies have already taken steps to secure their IPR in anticipation of the new legal framework, domestic businesses risk falling behind. Domestic Impact There are all sorts of goods and services in Myanmar—from pirated movies to counterfeit Louis Vuitton handbags and copycat fast food restaurants—that would be in violation of international copyright, trademark and patent protections laid-out in the new laws. Proponents of strong IPR laws and enforcement mechanisms in Myanmar argue that they will encourage and reward domestic innovation. Rouse's Mattei reasoned that "domestic companies will be able to better protect their IP assets" and more easily "expand the protection of their IPRs in foreign countries," once the new laws are enacted. IPR proponents argue that Myanmar needs to change perceptions around intellectual property. The government "will need to educate its people on respect of IPR, with no exceptions," said Rose of HRMR. Tin Ohnmar Tun highlighted concerns that "most people at grass roots levels are not aware of what constitutes IPR infringements, how trademark registrations are granted, the role of the IPR examiners and how the IPR laws would attract foreign investment within the country." As in other countries around the world, the notion that ideas can be held as private property is still not widely accepted or understood in Myanmar. Governments in developing countries often face a difficult choice between encouraging foreign investment through strong IPR laws and prioritizing the public good through enabling access to knowledge and knowledge-based products such as educational software and medicines. For example, people in developing countries may be priced out of the market for certain medicines that would otherwise be available in the form of alternative generic drugs. If the new IPR laws are passed by Parliament and strictly enforced, domestic enterprises will be the most immediately impacted. At least in the short term, it is likely that small businesses dealing in goods that violate IPR will need to alter their business models, leaving a large number of people out of a job. That being said, the widespread availability of counterfeit goods in neighboring countries such as Thailand and China points to the likely path Myanmar will travel regarding IPR enforcement.
This article was first published in the December issue of The Irrawaddy Magazine. The post Crunch Time for Copycats? appeared first on The Irrawaddy Magazine. | |
Malaysia Arrests 20 as Probe Widens Into Murders of Burmese Nationals Posted: 11 Dec 2014 12:42 AM PST GEORGE TOWN, Malaysia — Police in Malaysia have arrested 20 people in a widening investigation into the murder of at least 18 Burmese nationals in the northern state of Penang since January. Twelve Myanmar migrants have confessed to their role in nine of the murders, which have seen bodies dumped—many with their throats slashed—across the state, Penang police chief Abdul Rahim Hanafi told reporters on Thursday. Police now believe two unrelated groups are behind the murders, Abdul Rahim said. All of those arrested are from one group. The widening net follows the reported discovery of a "slaughterhouse" last week, where some victims were believed to have been killed and dismembered. Media and community groups have speculated that the murders have been perpetrated by Muslims from Burma, likely including stateless Rohingya, as payback for religious violence in their home country since 2012. Burmese community organizations have told Reuters the majority of the victims were Buddhists. The police have not revealed the ethnic identity of the victims and have denied that the killing were due to ethnic or religious conflict. "There are no local suspects. This is a feud between Myanmar people. It is not a religious conflict. These are only vengeful murders that were brought over here from Myanmar," Abdul Rahim said, without elaborating. Police on Thursday released the pictures of two men from Burma, identified as Mohammad Yahyar Khan and Lokman, who are being sought for questioning. Buddhist community leaders have accused the police of being slow to act and refusing to acknowledge a religious or ethnic motive for the murders. "It's just talk when the police say 'no Rohingya are involved,'" Aye Tun Maung, a leader of Buddhist community group the Arakan Refugee Relief Committee, told Reuters. "It's Rohingya killing the Rakhine [Arakanese]. Some of the dead are also Bamar and Shan," he said, referring to majority Buddhist ethnic groups. More than 60,000 migrants from Burma live in Penang's industrial heartland, many of them illegal arrivals, asylum seekers and refugees who are employed in dangerous jobs in factories and construction sites. Penang is also a destination for stateless Rohingya, more than 100,000 of whom have fled Burma by boat since outbreaks of religious violence in 2012. The post Malaysia Arrests 20 as Probe Widens Into Murders of Burmese Nationals appeared first on The Irrawaddy Magazine. | |
Dam Projects Risk Reigniting Burma’s Civil War Posted: 11 Dec 2014 12:35 AM PST EI TU HTA REFUGEE CAMP, Karen State — Burma’s government calls them signposts of modernity: a string of huge dam projects along the mighty Salween River, one of Asia’s last untamed waterways, needed to meet economic goals and energy demands as the country opens its doors to the outside world. Yet to the Shan, Karen, Karenni and other ethnic minorities living in the river’s basin, the six proposed hydro-power dams symbolize violence, anxiety about the future and a tool used by authorities to secure a greater grip over their lives. Some minority leaders say tensions over the dams could even reignite civil war in Burma. Fighting has erupted in recent months as government troops have moved into areas around proposed dam sites, including the $2.6-billion Hat Gyi dam in Karen State in eastern Burma, and clashed with ethnic minority fighters in violation of ceasefires. The military also has forcibly removed thousands of residents close to dam sites, according to refugees and aid groups. "It is clear that Hat Gyi dam and similar projects are obstructing the peace process in Burma," said Gen. Baw Kyaw Hey, second in command of the Karen National Liberation Army, which has been fighting the government for greater autonomy since the 1940s. He spoke while sitting in a meeting hall overlooking the river at the Ei Tu Hta camp, home to 4,000 refugees from earlier fighting that could be submerged if the dam is built. Preliminary work on this and other dams has already begun. Economic and environmental issues also are at stake in harnessing the power of the Salween, which seeps out of a Tibetan glacier and winds 2,800 kilometers (1,750 miles) through China’s rugged Yunnan Province, Burma’s jungles and along the Thai border before flowing into the Indian Ocean. The dam projects—all joint ventures with Chinese and Thai companies—include no provisions for wealth-sharing of resources between the ethnic groups and a regime dominated by the Burman majority and the powerful military, despite the advent of a civilian government in 2011. Nor are there provisions for many residents whose land, villages and livelihoods might be wiped out by flooding from the dams. Contracts have been awarded to foreign and local investors, many of them closely tied to government or military leaders. Authorities say the dams will expand access to electricity, which the World Bank says reaches only 29 percent of households in the country. But the bulk of power generated will be sold to Thailand and China. "Local people will get nothing in return for the destruction of the river," said David Tharckabaw, former vice president of the Karen insurgency and one of its veteran leaders. "For development to work there must be good government, transparency, rule of law, reliable administration and institutions, and no corruption. If they come in now, it will just enrich the generals and their cronies." Ethnic minority leaders say the government is wrong to forge ahead with such mega-projects before reaching an equitable political resolution to the longstanding conflict. "First we need a real ceasefire, then a political settlement and then we can talk about dams and other large-scale projects," said Baw Kyaw Hey, the Karen general. "But the Burmese government wants a ceasefire first, then large-scale projects and then a political settlement." Burma’s previous military regime tried to crush the insurgencies by the Shan, Kachin, Karen and other groups by razing villages, killing civilians and driving more than half a million rural dwellers from their homes. Ethnic minorities make up more than 30 percent of the country’s population. Ceasefires were signed three years ago with 16 armed ethnic groups, but fighting has broken out near proposed dam sites. Since June, government troops backed by warplanes have moved into an area in eastern Burma controlled by the Shan State Army-North near the Nong Pha dam site, according to the Shan Human Rights Foundation. Ethnic minority leaders and human rights activists say a pattern they call "damming at gunpoint" has been repeated across eastern Burma: proposed dam sites are forcefully depopulated by the military without compensation and the region is militarized through the expansion of army camps, helicopter pads, access roads and other facilities. Fighting also has erupted in southern Shan State around the Tasang dam site. Sai Khur Hseng of the Shan Sapawa Environmental Organization, who visited in October, said the area was ringed by some 9,000 government troops. Authorities began building access roads to this site as early as 1996, and more than 300,000 people in the area have been forcibly moved over the years, human rights and minority groups say. Enticing ethnic businessmen and insurgents into business deals is another part of the strategy to neutralize the movements for autonomy, Sai Khur Hseng said, doing through commercial means what the government could not fully achieve militarily. The Burma government declined to answer questions from The Associated Press about conflict over the dams, but officials have said that these and other development projects would benefit local populations and pave the way toward peace. They have acknowledged that some human rights abuses, committed by both sides, were the consequences of all wars. In September, Deputy Minister for Electric Power Maw Thar Htwe said in Parliament that Tasang, slated to be the largest dam in Southeast Asia, would be built to ensure minimal social and environmental impact. The dam proposals have been characterized by a lack of debate and transparency. Nancy Wa, a lawmaker from Karen State, said that when the dam issue is brought up in Parliament the ethnic minority representatives are "overpowered, silenced by the ruling party." She spoke at the first international conference on the Salween River, which brought together about 200 scientists, activists and some officials from Burma, China and Thailand. At the meeting, held last month in Chiang Mai, Thailand, even scientists from Burma’s Moulmein University conducting extensive research on the Salween said they had no access to environmental impact assessments and other vital documents on the dams from the government or private sector. Many conference participants called for a halt to all dams on the Salween until international standard studies are carried out and made public. "Fighting could break out if the government does not discuss the project with the rebels," said Nang Wah Nu, a representative from Shan State in Parliament. She said preparation work has already begun on Tasang dam but no information had been provided to residents who fear their homes, rice fields and pagodas will be flooded. A number of the contracts involve individuals with checkered records. The deal to construct the Kunlong dam was awarded to the Asia World Group, whose senior executives have been blacklisted by the U.S. government for suspected money-laundering. Partnering with a Chinese company in the construction of Tasang are the sons of hardline government party leader Aung Thaung, blacklisted by the U.S. Treasury in October for "perpetuating violence, oppression and corruption." According to diplomatic cables released by WikiLeaks, the U.S. Embassy in Burma recommended blacklisting his sons six years ago. China, meanwhile, plans to build a string of 13 dams on the upper reaches of the Salween River as way to reduce its dependence on coal-generated energy—prompting concerns among Chinese activists and villagers. For refugees at the Ei Tu Hta camp, constructing the dam could threaten their ramshackle homes—and their futures. "We are already living in hardship here so what will happened if the water comes and we have to flee again?" asked Htine Soe Htoo, a Karen who fled with his family when soldiers torched his village, prompting them live in the jungle for three years before coming to the camp in 2009. "We can’t go back to our own country." The post Dam Projects Risk Reigniting Burma’s Civil War appeared first on The Irrawaddy Magazine. | |
Police Arrest New Zealander, 2 Burmese for Promotion Insulting Buddhism Posted: 10 Dec 2014 10:41 PM PST RANGOON — Police in Rangoon's Bahan Township said they apprehended a New Zealand national and two Burmese men on Wednesday night and charged them with insulting religion because the bar they were working in had distributed a promotional flyer showing a Buddha wearing headphones. The men are due to appear in Bahan Township court on Thursday and could face up to two years in prison if found guilty of the charges. Lt-Col. Thien Win, the head of Bahan Police Station, told the media that police had acted after receiving complaints over the advertisement, which had gone viral on social media in recent days and attracted a wave of criticism from Burmese Facebook users who viewed it as disrespectful to their religion. On Wednesday afternoon, police apprehended Tun Thurein, the owner of V Gastro Bar, as well as the bar's general manager Philip Blackwood, a New Zealand national said to be 32 years old, and bar manager Htut Ko Ko Lwin. The bar was shut down and police were stationed outside the venue on Wednesday night. Thien Win said four members of the Association for the Protection of Race and Religion—a Buddhist nationalist movement called Ma Ba Tha in Burmese—had complained to Bahan authorities on Wednesday about the flyer of V Gastro Bar, which recently opened in Golden Valley, an upscale area in central Rangoon that is home to affluent Burmese, foreign embassies and international aid organizations. "We ensured them that we would take action as soon as possible, and they seemed pleased with our promise," he said, adding that an officer heading the township's religious affairs department subsequently filed an official complaint with the police over the depiction of the Buddha. The flyer of V Gastro Bar showed a seated Buddha wearing headphones to a colorful, psychedelic backdrop along with advertising for 15,000 kyat (US$15) "Bottomless Frozen Mararita [sic]" cocktails. "During the interrogation session, Mr Phillip, who runs the bar mostly, said he posted the pamphlet online on Dec. 9 to promote the bar. He said he did it because using the Buddha in ads is in fashion internationally and thought it would attract more attention," Thien Win said. "But his act is disrespectful to Buddhism. So we filed a lawsuit against them under the Criminal Code's articles 295 and 295 (a) for disgracing the religion. We will bring them to the court [on Thursday]," he continued. Tun Tin, a Buddhist resident of Bahan Township, said he found the advertisement insulting to his religion, adding, "For we Burmese, a Buddha image statue is the most sacred and represents the exalted one. They should at least have some respect for the major religion of the country where they live." V Gastro Bar's management issued a statement following the arrests, saying that they "would like to express our sincere regret if we have offended the citizens of this wonderful city… Our intention was never to cause offense to anyone or toward any religious group. Our ignorance is embarrassing for us and we will attempt to correct it by learning more about Myanmar’s religions, culture and history." Like in neighboring Thailand, any act disgracing the religion is a sensitive issue in Burma. In September this year, the Burmese government deported a Spanish tourist after authorities found he had a Buddha image tattooed on his calf. In August, a visitor from Canada was also kicked out for the same reason. The controversies come at a time of heightened nationalism in Burma, a predominantly Buddhist country. Since the beginning of the country's democratic transition in 2011 there have been recurrent outbursts of anti-Muslim violence and nationalist monks and organizations like Ma Ba Ta have whipped up nationalist sentiments that portray the country's dominant religion as being under attack from Islam and other foreign influences. The post Police Arrest New Zealander, 2 Burmese for Promotion Insulting Buddhism appeared first on The Irrawaddy Magazine. | |
Hong Kong Begins Clearing Main Pro-Democracy Protest Camp Posted: 10 Dec 2014 08:59 PM PST HONG KONG — Hong Kong authorities started on Thursday clearing the main pro-democracy protest site that has choked roads into the city's most economically and politically important district for more than two months as part of a campaign to demand free elections. The mainly peaceful protests in the Chinese-controlled city have represented one of the most serious challenges to China's authority since the 1989 pro-democracy demonstrations and bloody crackdown in and around Beijing's Tiananmen Square. Hundreds of police stood by in the Admiralty district next to government buildings and the Central business area as workers in construction hats used wire cutters to remove barricades erected by protesters after a court injunction two days ago. "Everyone should follow the court order and leave immediately," a bailiff said. There was little initial resistance as scores of protesters packed up pillows, blankets and other belongings from inside their tents and prepared to leave. "Some of my friends are prepared to stay till the last moment, but I will walk away," said 20-year-old student Lucy Tang. "I will for sure miss this place. It has become my home." For many, it was a tearful farewell as they waved goodbye to the site where thousands had gathered in recent weeks. Others said the protests had injected life into the former British colony's democracy movement. "The movement has been an awakening process for Hong Kong. People who weren't interested in politics before are now and aren't afraid to get arrested, especially the young people," said Labor Party lawmaker Lee Cheuk-yan. "The democracy movement is filled with energy. It's the passing of the torch from one generation to the other." A large yellow banner bearing an umbrella and the words "We'll be back" was draped in the center of the highway where protesters have camped out, with similar messages scrawled on roads and posted on tents. Next to the Chinese People's Liberation Army (PLA) base in the heart of the city, a huge orange banner erected across barricades read: "It's just the beginning." Hong Kong Federation of Students leader Alex Chow said the clearance was not the end of the movement. "You might have the clearance today but people will come back on to the streets another day," Chow said. Hong Kong media magnate Jimmy Lai, an outspoken critic of Beijing who has backed pro-democracy activists through his publications and with donations, sat near the PLA base with a "Keep Calm and Stay Peace" sign leaning against his knee. Some 7,000 police officers were due to be deployed in two shifts to handle the clearance, Hong Kong media reported. People at some supply stations were bracing for possible clashes with police, laying out boxes of goggles and umbrellas for students to protect themselves against any use of pepper spray or batons by police. The Admiralty site has stood as a poignant symbol of calls for democracy that have been spurned by the government and Communist Party rulers in Beijing. Hundreds of tents have dotted the eight-lane highway that connects some of the city's most important financial and commercial districts since late September. The protest site had taken on an almost village feel, with a large study area, first aid tents and scores of supply stations scattered across the highway. More than 10,000 people massed at the protest site on Wednesday evening, even as authorities warned people to stay away, before the final clearance. Hong Kong returned to Chinese rule in 1997 under a "one country, two systems" formula that gives the city more autonomy and freedom than the mainland and a goal of universal suffrage. The protesters are demanding open nominations in the city's next election for chief executive in 2017. Beijing has said it will allow a vote in 2017, but only between pre-screened candidates. The post Hong Kong Begins Clearing Main Pro-Democracy Protest Camp appeared first on The Irrawaddy Magazine. | |
Youth Suicide on the Rise in Modernizing India Posted: 10 Dec 2014 08:55 PM PST NEW DELHI— Pinki Chauhan, a straight-A physics and maths student, arrived at her university campus in India shortly after breakfast, poured petrol over her wispy frame and lit a match. The 19-year-old ran screaming across the college grounds in Gurgaon, near the capital New Delhi, before falling to her knees in flames outside the principal’s office. She died a few days later. Her brother, Arun, said the incident a couple of months ago came after Pinki had been upset after receiving zero marks in an exam, and had been arguing with teachers for her paper to be re-marked. But Pinki’s problems ran much deeper. Highly ambitious, she was anxious she wouldn’t fulfil her dreams. At the same time she’d been under pressure from some family members to follow a more traditional route—to marry and settle down. "She didn’t know what else to do," Arun said. "She put a lot of pressure on herself." Pinki’s story is emblematic of problems confronting India’s young, in a society impatient for progress and yet underprepared for the challenges that inevitably accompany modernity. Cultural issues, discrimination, parental pressure and competition for highly paid jobs are combining to create a suicide epidemic among young Indians. Compounding the problem is a system that barely recognises mental health issues. India has the world’s highest suicide rate among 15 to 29 year olds, ahead of next-placed North Korea, according to a September report by the World Health Organization. For the first time, suicide is the leading cause of death among young Indian women, overtaking deaths during childbirth, the WHO says. In most parts of the world suicides tend to occur among the most disadvantaged groups, but in India they are happening among better-educated young adults living in the most prosperous regions. In south India, where literacy rates and incomes are highest in the country, suicide rates are 10 times higher than in northern states, according to a study published in The Lancet medical journal in 2012. "Aspirations are at a much higher level and society around them is not always keeping pace, so the disappointment is much greater," said Vikram Patel, a professor at the London School of Hygiene and Tropical Medicine, who carried out the research. As India’s policymakers strive to put the country on a path to modernity, something akin to China’s transformation of the past two decades, the young are feeling the pressure—in particular, young females. Unlike the rest of the world, where younger men are more likely to take their lives than women, in India the opposite is the case. Experts put this down to women’s low status in society. Compounding the issue, little help is at hand for those suffering from mental illness. In India, the condition often goes undiagnosed or untreated, and until a couple of months ago the country did not have national mental health policy. Spending on mental health accounts for 0.06 percent of the government’s health budget, the lowest level in the world after Zimbabwe. For most Indians with mental illnesses "there is literally no care available", Harsh Vardan, then-health minister, said in October while announcing plans to build more mental hospitals and train more psychiatrists. In January, the health ministry launched a nationwide programme to provide community support for adolescents suffering from mental illness. In the run-up to Chauhan’s suicide, conflict had been building on different fronts. Exam pressure weighed heavily on her mind. There were disputes with her parents. She felt trapped between the competing ideals of old India and new. She lived in a village on the edge of Gurgaon where the timeless India of wheat fields and cattle-drawn carts abuts the frantically rising apartment towers of the budding middle class. Chauhan didn’t want to get married as a teenager, the path for most women in her village. In many families, once a woman gets married there is little chance for education and her primary job is to serve her husband’s family. "She had been arguing with her parents, who wanted her to get married, but she was ambitious, she wanted to prove herself and achieve her dreams," said her brother, Arun. When she scored zero on a physics paper she was crushed, fearing it would blemish her job chances. Chauhan, along with other students, pleaded with their teachers for the papers to be reassessed. Her university, Government Girls College, declined comment when contacted by Reuters, saying the case was under police investigation. A teacher at the college, who asked not to be identified, said there was a mismatch between student’s expectations and what they were capable of. "We find many students get a shock when they come here because they have been doing well in school and then they don’t get good marks [here]." Another teacher said that while the college provided counselling to students, the high student-to-teacher ratio meant some people missed the safety net. Pinki appeared to fall into that category. Tragically, the college later said that what had pushed her to fatally strike a match was the result of an error. Pinki had in fact passed the exam, and was one of the best students performing in her class. The post Youth Suicide on the Rise in Modernizing India appeared first on The Irrawaddy Magazine. | |
Hiroshima Survivor Shifts Search for Victims from US to Europe Posted: 10 Dec 2014 08:18 PM PST HIROSHIMA, Japan — Every weekend for more than 20 years, Shigeaki Mori sat in the hallway of his compact two-storey home making calls to people in the United States, asking, "Do you have a family member who died as a prisoner of war in Japan?" He was searching for the families of 12 American POWs who died on Aug. 6, 1945, when the United States dropped an atomic bomb on the Japanese city of Hiroshima. It was not until the 1970s that declassified US documents indicated the presence of the POWs in Hiroshima on that day. In the 1980s, Satoru Ubuki, a local university professor, found their names and passed them on to Mori, a keen local historian. An A-bomb survivor himself, Mori was determined to inform the families of what happened to their kin – many were not told the exact nature of the deaths—and he believed that the soul of the dead should be respected and remembered. It was an arduous process—and one that is not over yet as Mori is now tracking down the details of British and Dutch POWs he believes also died in Hiroshima and Nagasaki, which was bombed three days later. To find the American families he only had the surnames to go by, so he rang everyone he could find with that name, one by one. "I had a map from Seattle to Texas… It took me about three years [to find one family]," Mori, 77, said via a translator in the cluttered living room of his home in a Hiroshima suburb, sitting ramrod straight, hands on his lap. With his limited English he prepared a questionnaire and, if he found the person had something to do with the POW, he asked the telephone operator to help, he recounted, laughing. "It took me over 20 years… I cannot remember how many I called," said Mori, a retired securities broker. It was also costly. He would rack up monthly phone bills of 60,000 or 70,000 yen (around US$250 to $300 in the 1980s). Yet his tenacity paid off. He successfully contacted 11 families and registered the POWs with the city authority. Their pictures in the Hiroshima Peace Memorial Hall among a sea of Japanese victims are a stark reminder of the bomb's indiscriminate nature, a message Mori wanted to convey. Mori, of slight build, serious and the epitome of Japanese stoicism, wears the achievement lightly on his sleeve. "What I did was just what the families had to do but they had no clue how. They say they really appreciated me contacting them. I was really glad to hear their words," he said. "I'm now researching about Dutch and British POWs, not just in Hiroshima but also Nagasaki." Hibakusha Tales Mori says the whole process was cathartic for him, too. Eight-year-old Mori was on his way to summer classes when the world's first nuclear attack occurred. "As I was walking on [a] bridge, suddenly I felt a massive shockwave and a blast from above. I was blown off the bridge and fell into the river," he recalled. Luckily the river was shallow and plants broke his fall but two other people on the bridge were burnt badly and one died. After he regained consciousness, the morning was black. "I couldn't even see the 10 figures on my hands," he said, raising his palms for emphasis. He crawled out of the river and saw a woman walking towards him. "She was swaying… and holding something white. I realized she was holding the contents of her stomach." The sounds of B-29 bombers filled the air and Mori, thinking another bomb was on the way, ran, stumbling over corpses. He spent that night in an air raid shelter next to his former primary school, hungry, thirsty and terrified. "That night was like hell… Many people were in the schoolyard yelling in agony. There was nothing to eat or drink." The death toll from the blast was estimated at about 140,000 by the end of the year, out of the total of 350,000 who lived in Hiroshima, 700 km (435 miles) southwest of Tokyo, at the time. The bombing of Hiroshima and Nagasaki remain the only use of nuclear weapons in war. The survivors, called hibakusha, continue to suffer the after effects of radiation. Mori's family struggled with bad health throughout their lives. Mori himself has problems with kidney, liver and heart that prevent him from long-haul air travel. The hibakusha were criticized as being lazy—chronic fatigue is another consequence of radiation—and discrimination was rampant. Young women and men feared identifying themselves as they would have no suitors. Mori's wife, a classically trained pianist and singer, is also a hibakusha. They have two grown-up children. Forgiveness The shadow of the bomb still looms large in modern-day Hiroshima, a thriving, bustling city crisscrossed by six rivers. The peace park covers a large portion of the town center and includes a cenotaph with the inscription: "Let all the souls here rest in peace, for we shall not repeat the evil." Mori, who published a book in 2011 about the American POWs, is a pacifist like most hibakusha and worries the world is far from achieving peace. "We should learn from the loss of lives in Hiroshima… If war continues, people will suffer," he said. The feelings of revenge against the United States have largely dissipated, Mori said, mainly because the US-occupied forces provided much-needed food when the survivors were hungry. "I have complex feelings about it but it was so difficult for us to survive at the time. We appreciated American help." In 2012, Mori met Clifton Truman Daniel, grandson of Harry Truman, the US president who ordered the attack on Hiroshima. "I felt like I was in a dream. I'm a victim of the atomic bombing and while he is not the person directly involved in it, he's the grandson of the man who ordered [it]," he said. "Now we shook hands, smiled and laughed. I cannot describe how moved I was. This is peace, I told myself." The post Hiroshima Survivor Shifts Search for Victims from US to Europe appeared first on The Irrawaddy Magazine. |
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