AllSBNews: The Irrawaddy Magazine

Saturday, December 13, 2014

The Irrawaddy Magazine

Loikaw’s Quiet Allure
Civilian Justice Trumps Military Impunity in Myanmar
The Irrawaddy Business Roundup (Dec. 13, 2014)

Posted: 12 Dec 2014 05:00 PM PST

Wide open spaces dotted with charming architecture add to Loikaw's appeal. (Photo: Christopher Ian Smith)

LOIKAW, Kayah State — Cabbages spilled over the back of my bus seat, but I was too busy watching the scenery to care.

The sights I passed on the road into Loikaw, the capital of Kayah State, included gorgeous views of rice paddies and teak fields, then Christian churches, military bases, mountaintop pagodas and the lovely Moebye Lake, twice the size of the more famous Inle Lake to the north.

It quickly became obvious why some effort had gone into removing the need for permits to visit Loikaw. Travelers are going to go nuts for this place. From friends who had previously visited here, I had heard that this newly-opened region offered waterfalls, caves, volcanic lakes, mountaintop pagodas and home-visits to a vast array of ethnic groups, including the Padaung, the group whose female members famously often wear rings around their necks.

Kayah State—Myanmar's smallest—has largely been off-limits to foreigners due to long-running conflict between the Myanmar Army and local ethnic armed groups. The state's largest ethnic armed group, the Karenni National Progressive Party, signed a ceasefire deal with the government in March 2012. However, the legacy of conflict lingers on. According to the United Nations High Commissioner for Refugees, reports indicate that all seven townships in Kayah State have been contaminated by landmines.

I arrived by local bus from Kalaw in Shan State; quite the experience, but I admit, not the most efficient choice of transport. As you come into Loikaw, you are immediately struck by the majestic mountaintop Taung Kwe Pagoda which dominates the town to impressive effect. Loikaw had a similar feel to Hpa-an, the capital of Kayin State, but with a better-looking infrastructure.

I asked to be dropped off at the first guesthouse I saw, but an employee told me that it did not have a license to accept foreigners. It turned out that there were about a half-dozen foreigner-friendly guesthouses in Loikaw but they were each located far from one another and most were already booked out by locals.

After a healthy cover of sweat thanks to the detailed but not-to-scale map of Loikaw available at every guesthouse, I managed to find a room and was pleasantly surprised at the high quality (relative to Yangon). My bathroom was clean with hot water and a bathtub. There was air-conditioning and the price included breakfast.

Asking around, I discovered that there were no motorbikes or bicycles for rent in the city, just guides for hire at US$25-35 per day. Luckily, as I pondered my options over a beer at a lakeside beer station, a local university student with a mohawk and a motorbike joined me and offered to show me around. He rattled off a list of the sights that I should see: "You have to visit the mountain pagodas, Kyet Cave, Umbrella Lake, and we can visit the market tomorrow where the Padaung sell their rice-wine." Foreign visitors are still a novelty here.

For me, the chain of hilltop pagodas was the most exciting novelty. First, we headed up to the famous Taung Kwe Pagoda. If it's not the sight of the pagoda, it's the sight from the pagoda that can leave you a bit breathless. It's the crown jewel of a chain of pagodas that includes Myaka Lup Pagoda, Shwe Let War Pagoda and Nagayon Pagoda. Each one offers its own elegance and experience, but the incredible views of the city, valley and Shan mountain range are what make them spectacular.

The next day, the not-to-scale map disappointed again when it became obvious that Kyet Cave was not a couple of blocks away from the airport, but a very long drive from the town. The journey, though, was charming; through beautiful teak and rice fields, as well as ancient ceremonial grounds where "spirit poles" called Kayhto Bo, still used annually for animistic ceremonies, stick up 15 feet into the air.

Kyet Cave, also known as "Yarsu Ku," is watched over by an old monk with arguably the happiest face in existence. He was very willing to light up the cave if you brought him a jug of petrol for the generator. Inside, I saw the cave's mysterious coffins sprinkled around in various states of condition. There are many different stories and theories, though no general consensus, on why they are there. The happy monk just shrugged and said he didn't know where they came from.

Another long drive away from the town is Htee-pwint-kan, also known as Umbrella Lake, which is actually a small volcanic pond. The pressure from below intermittently lifts parts of the soil above the surface of the water, creating the "umbrella" effect that gives the lake its nickname. The span of time for this event can stretch out over a couple of days and whether you see it or not depends solely on luck. According to local lore, seeing seven of these "umbrellas" at once is considered an extremely lucky sign and your best chance is during a full moon.

My mohawk-sporting informal guide told me that the Padaung village could be visited only with a permit and an official guide but that the villagers commonly visited local markets to sell their wares. Here, if you avoid any style of behavior that could be construed as gawking, you may be lucky enough to sit and have a cup of sweet fermented rice wine with them.

Before ending my trip, I scaled the steps of Taung Kwe Pagoda one more time to watch the sunset. At this time of day, the railings become dotted with locals and visitors with the same idea—to watch the valley turn golden, across the rooftops of churches and mosques, and all the way across the fields to the Shan mountain range.

Visitors should note that permits and official guides are still required in order to visit areas outside of Loikaw. Kayah State, full of natural resources and local ethnic groups, needs a secure peace before it will become truly open. For now, with that proviso, Loikaw is still a lovely place to visit.

Brief info

Getting there:

I traveled by slow local bus from Kalaw on a 12-hour journey for US$12. More comfortable air conditioned buses depart from Yangon and Mandalay and take 16-18 hours for about $12-18. The train, cheaper than the bus and rumored to have great views, takes nearly 24 hours from Naypyitaw. Myanmar Airways has several flights a week from Yangon to Loikaw that cost around $73. But be warned that these flights can often be canceled up to 24 hours ahead of time due to low occupancy.

Staying there:

The cheapest places to stay start at $25 per night and include the Nan Ayar Inn, the Loikaw Princess Guesthouse and Min Ma Haw. They are clean and rooms are well equipped with furnishings and air-conditioning and come with a standard simple breakfast of toast and eggs. Bathrooms are clean with hot water, mirrors and western toilets. The city's only "high-end" hotel, Hotel Loikaw (http://www.hotelloikaw.com), sits on the edge of the lake, overlooking the golf course and goes for $60-80 per night.

This story first appeared in the December 2014 print edition of The Irrawaddy Magazine.

The post Loikaw’s Quiet Allure appeared first on The Irrawaddy Magazine.

Civilian Justice Trumps Military Impunity in Myanmar

Posted: 12 Dec 2014 04:30 PM PST

Burmese armed forces soldier on parade in this file photo. (Photo: The Irrawaddy)

In November, a civilian court in Myanmar's Shan State did what few courts in the country have ever done–it sentenced a soldier in the Myanmar military to prison for a crime committed against a civilian.

It did so after the military court overseeing the case, under intense pressure from local human rights groups and media, agreed to transfer the defendant to a civilian court. The Burmese law governing courts martial allows such a transfer to civilian courts when a soldier is accused of violating civilian criminal law, including sexual violence and murder.

The victim in this case was a 14-year-old mentally handicapped girl of Kachin ethnicity. The perpetrator, Private Kaung Bo Bo, attacked her while she was on her way to the market, dragged her into some bushes, and raped her. The court found the soldier guilty of kidnapping and rape, and sentenced him to 13 years in prison. Before his civilian trial, a court martial had found him guilty of another crime, leaving his barracks without permission, and sentenced him to a year in prison.

The case in question was particularly horrifying, but it sadly fits a well-documented pattern of sexual violence committed by soldiers against ethnic civilians.

For many years, women's groups and human rights organizations have documented the use of sexual violence as a weapon of war in areas of ethnic conflict in Myanmar. Sexual violence is used to terrorize ethnic civilian populations into submission and as punishment for their assumed support of ethnic armed groups.

The Women's League of Burma and its member organizations have gathered documentation showing that over 100 women have been raped by members of the Myanmar Army since the country started on its path to peace and democracy in 2010. Nearly half of the attacks were gang rapes. Most cases were linked to military offensives in Kachin and Northern Shan States.

The push for civilian justice for military abuses is not limited to sexual violence. Torture and killings of ethnic civilians by the Myanmar military are also well-documented. While common in areas of ethnic conflict in Myanmar over the past decades, they have been more frequent in Kachin and northern Shan States in the past few years.

Torture is used in and outside of detention. Villagers in areas of ethnic conflict report being tortured by members of the Myanmar military as punishment for their perceived support of armed groups, as revenge for a recent military defeat, or to instill fear. Villagers and displaced persons also face arbitrary arrest and detention because their ethnicity or place of residence puts them under suspicion of being members or supporters of an ethnic armed group.

Almost none of these victims of sexual violence, torture and killings—and their families—will likely ever have their day in court. They face numerous obstacles to seeking justice in Myanmar's criminal justice system.

A primary challenge is Article 445 of the 2008 Constitution, which forbids legal action against members of past governments for actions undertaken by those governments. Although it is unspecific about who may be charged, and in what kinds of proceedings, it is widely interpreted as an amnesty provision guaranteeing impunity to members of the military and government for past and future violations.

Yet, it has not completely barred judicial and non-judicial bodies from considering some violations.

Another challenge is that military courts have jurisdiction over all Defense Services personnel, and the decision of the Commander in Chief on issues of military justice is final and conclusive. Myanmar's military justice system is not open to the public, and civil society activists find it difficult, if not impossible, to obtain reliable information about pending or completed cases.

Civilians, including victims and their advocates, have no right to be present at the trial or to obtain any information about the charges, findings, or sentence. A recent report by the Women's League of Burma details the challenges in pursuing military justice, including the transfer of the accused to new jurisdictions, lack of transparency, and intimidation.

Even when civilian courts gain jurisdiction over military personnel, victims' rights are impeded by institutions that should support them. Police often cooperate with the military to pressure victims to stay silent, sometimes offering compensation in exchange for agreements not to press charges or inform the media.

Human rights defenders face threats of retaliation and experience difficulty gaining access to victims.

The rape conviction in Shan State demonstrates that it is possible, at least in some cases, to obtain justice for crimes committed against civilians. There are also reports that last year a soldier was sentenced by a criminal court to life in prison for the rape of a young girl, and other advocates have mentioned three to four other similar cases.

The Myanmar National Human Rights Committee recently recommended that a civilian court take up another high-profile case of military abuse in a conflict area—the killing and alleged torture of journalist Par Gyi, who was allegedly killed while in military custody in Mon State's Kyeikmayaw town.

These cases represent some of the first efforts to deal with the past and obtain justice for victims of human rights violations in Myanmar. The work of civil society, politicians and media on these cases is admirable.

However, the current ad hoc approach is not sustainable. Groups such as the Women's League of Burma and its member organizations struggle to provide the necessary support for the growing number of victims who approach them for help in seeking justice.

The military and government can take steps in the short term that would make a significant contribution. The military courts should authorize more transfers of cases of sexual violence, torture, and killings to civilian criminal courts when requested—starting with accepting the recommendations of the Myanmar National Human Rights Commission in the Par Gyi case and taking steps to ensure the trial is fair and effective.

A policy that directs all military courts to transfer these cases automatically, or at the least on the request of the victim, should be adopted. In a recent interview with Voice of America, Commander in Chief Senior General Min Aung Hlaing confirmed that, although the military would decide in most cases, civilian justice is an option in some cases when soldiers are accused of human rights violations.

Further, the military leadership should publicly affirm that violations against civilian populations, particularly rape and sexual assault, can never be excused or tolerated. Military training should be revised to ensure that human rights violations, particularly sexual violence, are no longer perpetrated, if they are, they must be thoroughly prosecuted.

Establishing accountability for the security forces will not only increase their professionalism but ultimately demonstrate that they can and shall be devoted to the protection of civilians. These actions, to avoid recurrences, should pave the way to larger reforms aimed at introducing civilian oversight over the army.

The responsibility to provide a remedy for violations goes beyond criminal justice. The Myanmar government should take responsibility for the medical, psychosocial and other needs of survivors of sexual violence and torture, as well as the family members of victims of killings.

The government should also reform its laws governing these crimes to meet international standards and undertake an investigation of institutional factors that enable or encourage systematic use of sexual violence, torture, and killings as weapons of war, with a view to recommending reforms to prevent their recurrence.

International actors engaged in rule of law assistance also have an important role to play. In their work with the judiciary, police, and lawyers, they should help to build their capacity to handle cases of sexual violence, torture, killings and other serious violation of human rights. These courts must also be able to act independently, both from institutional pressure and from threats or bribes by the accused.

At a time when building trust and reconciliation at all levels—from communities to leaders of armed groups—is a high priority for the Myanmar government, it is important to take steps to address the abuses that civilians have suffered in conflict.

Without accountability for perpetrators, and without recognition or support from the government to remedy these violations, the survivors of sexual violence and torture and the families of victims killings cannot be expected to have any trust in reforms.

Aileen Thomson is the International Center for Transitional Justice's representative in Burma. This article first appeared on Dec. 11, 2014 at opendemocracy.net.

The post Civilian Justice Trumps Military Impunity in Myanmar appeared first on The Irrawaddy Magazine.

The Irrawaddy Business Roundup (Dec. 13, 2014)

Posted: 12 Dec 2014 04:00 PM PST

Burma Gets Wired up to China's Yunnan Province

The Chinese state-owned telecommunications firm China Unicom has finished building a 1,500-kilometer (932-mile) long optical cable route through Burma.

The cable links China's neighboring Yunnan Province with the Bay of Bengal coast, and improves communications between Mandalay, Rangoon and Ruili on the Chinese side of the border.

"The optical cable line will improve south China's telecommunication quality with Southeast Asia and nurture outsourcing industries like call centres," said Myanmar Business Today, quoting China Unicom.

"The project, designed to improve regional connectivity, cost about US$50 million."

Foreign Investors Hiding Behind Burmese Citizens 'Face a Crackdown'

Foreign investors who seek to bypass laws by registering businesses under the names of Burmese citizens are facing a "crackdown" by the Myanmar Investment Commission, a report said.

The problem is most pronounced in Burma's rapidly growing garment industry, commission secretary Aung Naing Oo said.

"As far as we know about 50% of companies [in the garment industry] were foreign investments registered under the names of [Burma] citizens," he was quoted by the Myanmar Times as saying.

Foreign firms are not permitted from entering business in several industries and are subject to restrictions in other areas, such as land ownership.

Aung Naing Oo said there had been a two-year leniency window for foreign investors to comply with the law but now the commission is "going to take action…in the future there will not be any forgiveness for them."

Developing Nations 'Need to Share Electricity' to Improve their Economies

Cross-border electricity trading would help the economies of South and Southeast Asia to improve by overcoming power shortages, a report said.

Blackouts and other electricity restrictions are shaving at least two percent off Bangladesh's annual gross domestic product, the London Financial Times said as an example of the problems facing the region.

"The shortages drive up business costs due to the need to invest in expensive diesel-fired generators, lead to a loss of worker productivity and high levels of wastage of perishable products in sectors such as agriculture and fisheries," the Times said.

Similar problems face Burma and India, it said.

"Lack of investment, crumbling infrastructure and inefficient systems cause shortages and similar losses in all the growing economies of the region. Cross-border connectivity could enhance system reliability, lower costs and carbon emissions and relieve debilitating shortages, the business newspaper said, referring to a proposal by the World Bank.

The Association of Southeast Asian Nations has developed a blueprint for cross-border power sharing but little has happened yet.

Singapore Firm Pays US$47 Million for Share in Rangoon Office Tower

Keppel Land, a Singapore company part of one of the world's biggest offshore oil services businesses, is paying over US$47 million for a share in a new office construction in Rangoon.

Keppel will buy a 40% share in the City Square Office development in Pabedan Township, Myanmar Business Today has reported.

Other partners in the tower block project, which covers 2.4 hectares (six acres), are Burmese businesses Shwe Taung Junction City Development and City Square Development.

The overall cost of the major development will be US$118 million, Keppel reportedly said.

Singapore companies are among the biggest foreign investors in Burma, especially in real estate.

"Foreign investment goes mainly into the hotel and real estate business and Singapore and Hong Kong come first," Aung Naing Oo, the secretary of Myanmar Investment Commission, was quoted by Eleven Media as saying this week.

Tourism Steam Train Service Sets Off 'Without Telling the Tourists'

A vintage steam train service to attract rich foreign tourists to the historic Bagan site has been introduced without any advanced marketing overseas, the regional travel industry magazine TTR Weekly said.

"Very little advance notice has been given to overseas tour operators so it is unlikely that the train's sales team will be able to muster group business in the short-term," TTR Weekly said.

"Tour operators are likely to adopt a cautious approach to see if the train is here for the long-term, or just another experiment that lacks a marketing plan, or sales expertise to secure advance bookings through the international travel trade."

The 110 kilometer (68 mile) round trip between Kyaukpadaung in Mandalay Division and Bagan has been developed by Bright View Steam Locomotive Tours and begins on Dec. 16 on a weekly basis.

Burma is attracting ever-growing foreign tourist numbers but many of them visit on pre-booked packages via travel companies.

The ministry of hotels and tourism is forecasting that the total number of visitors to Burma this year will reach three million, and has set a target of five million tourist arrivals by the end of 2015.

The post The Irrawaddy Business Roundup (Dec. 13, 2014) appeared first on The Irrawaddy Magazine.

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Saturday, December 13, 2014

The Irrawaddy Magazine

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